other school district, for purposes of this chapter the membership of such child, shall be held and considered

(A) if the two local educational agencies concerned so agree, and if such agreement is approved by the Secretary, as membership of a school of the local educational agency receiving such tuition payment;

(B) in the absence of any such approved agreement, as membership of a school of the local educational agency so making or contracting to make such tuition payment.

In any determination of membership of schools, children who are not provided free public education (as defined in paragraph (4)) shall not be counted.

(6) The average per pupil cost of constructing minimum school facilities in the State in which the school district of a local educational agency is situated shall be determined by the Secretary of Education on the basis of the contract cost per square foot under contracts for the construction of school facilities (exclusive of costs of site improvements, equipment, and architectural, engineering, and legal fees) entered into in the State for the second year of the four year increase period designated in the application, increased by a percentage estimated by the Secretary to represent additional costs for site improvements, equipment, and architectural, engineering, and legal fees, and multiplied by a factor estimated by the Secretary to represent the area needed per pupil in minimum school facilities. If the Secretary finds that the information available for the State concerned for such preceding fiscal year is inadequate or not sufficiently representative, he shall determine such cost on the basis of such information as he has available and after consultation with the State educational agency. The cost of constructing minimum school facilities in the school district of a local educational agency shall be determined by the Secretary, after consultation with the State and local educational agencies, on the basis of such information as may be contained in the application of such local educational agency and such other information as he may obtain.

(7) Estimates of membership, and all other determinations with respect to eligibility and maximum amount of payment, shall be made as of the time of the approval of the application for which made, and shall be made on the basis of the best information available at the time of such approval.

(8) The terms "construct", "constructing", and "construction" include the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(9) The term "school facilities" includes classrooms and related facilities; and initial equipment, machinery, and utilities necessary or appropriate for school purposes. Such term does not include athletic stadiums, or structures or facilities intended primarily for athletic exhibitions, contests, or games or other events for which admission is to be charged to the general public. Except as used in sections 639 and 640

of this title, such term does not include interests in land and off-site improvements.

(10) Whether or not school facilities are minimum school facilities shall be determined by the Secretary, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him. Such regulations shall (A) require the local educational agency concerned to give due consideration to excellence of architecture and design, (B) provide that no facility shall be disqualified as a minimum school facility because of the inclusion of works of art in the plans therefor if the cost of such works of art does not exceed 1 per centum of the cost of the project, and (C) require compliance with such standards as the Secretary may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this chapter shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons.

(11) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education or which has responsibility for the provision of such facilities.

(12) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(13) The term "State" means a State, Puerto Rico, Guam, the District of Columbia, American Samoa, the Northern Mariana Islands, the Virgin Islands, or Wake Island.

(14) The term “Secretary" means the Secretary of Education.

(15) The term "base year" means the third or fourth regular school year preceding the fiscal year in which an application was filed under this chapter as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 635(a) of this title, the base year shall in no event be later than the regular school year 1988-1989; and

(16) The term "increase period" means the period of four consecutive regular school years immediately following such base year.

(Sept. 23, 1950, ch. 995, § 15, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 556, and amended June 25, 1959, Pub. L. 86-70, § 18(c), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14(c), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87-344, title I, § 101(c), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 301(c), formerly § 31(c), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064, and amended Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101(c), (d), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89-750, title II, §§ 222(b)-(d), 230-232, 80 Stat. 1213-1216; Jan. 2, 1968, Pub. L. 90-247, title II, § 201, title III, § 301(d)(2), 81 Stat. 806, 813; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 201(a)(2), 203(a)(1), (2), 84 Stat. 154, 155;

Aug. 12, 1970, Pub. L. 91-375, §§ 4(a), 6(o), 84 Stat. 773, 783; Aug. 21, 1974, Pub. L. 93-380, title III, § 301(a)(2), 88 Stat. 521; Nov. 1, 1978, Pub. L. 95-561, title X, §§ 1021(b), 1031(b)(2), 92 Stat. 2312; Apr. 28, 1988, Pub. L. 100-297, title II, §§ 2031(a)(3), 2032(a)(1), (3), 102 Stat. 301.)

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in par. (1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables.

PRIOR PROVISIONS

Provisions similar to those comprising pars. (1) to (14) of this section were contained in section 210 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 976, as amended Aug. 8, 1953, ch. 400, § 2(g)-(1), 67 Stat. 528; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, § 102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85-161, 71 Stat. 403 (formerly classified to section 280 of this title), and provisions similar to those comprising pars. (15) and (16) of this section were contained in act Sept. 23, 1950, ch. 995, title III, § 312, as added Sept. 2, 1957, Pub. L. 85-267, § 7, 71 Stat. 593 (formerly classified to section 302 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

§ 2032(a)(1), substituted "Secretary" for "Commissioner" wherever appearing.

Par. (14). Pub. L. 100-297, § 2032(a)(3), amended par. (14) generally, substituting provision defining the term "Secretary" to mean the Secretary of Education for provision defining the terms "Commissioner of Education" and "Commissioner" to mean the United States Commissioner of Education.

Par. (15). Pub. L. 100-297, § 2031(a)(3), substituted "1988-1989" for "1978-1979".

1978-Par. (13). Pub. L. 95-561, § 1031(b)(2), inserted "the Northern Mariana Islands," after "American Samoa,".

Par. (15). Pub. L. 95-561, § 1021(b), substituted "1978-1979" for "1973-1974".

1974-Par. (15). Pub. L. 93-380 "1973-1974" for "1968-1969".

substituted

1970-Par. (1). Pub. L. 91-230, § 203(a)(1), (2), defined "Federal property" to include as item (B) of second sentence any low-rent housing (whether or not owned by the United States) which is part of a lowrent housing project assisted under the United States Housing Act of 1937 (formerly excluded from the term by former item (C) of fourth sentence of this section), redesignating former item (B) of second sentence (C), and struck out exclusion from the term (item (C) of fourth sentence) any low-rent housing project held under title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the United States Housing Act of 1937 (now included in item (B) of second sentence), the Act of June 28, 1940 (Public Law 671, Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts, respectively.

Par. (15). Pub. L. 91-230, § 201(a)(2), substituted "1968-1969" for "1965-1966".

1968-Par. (1). Pub. L. 90-247, § 201, clarified definition of "Federal property" by including within such term any interest in Federal property under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to

taxation by a State or political subdivision of a State or by the District of Columbia, and by deleting provisions which included within such term any real property owned by the United States and leased therefrom and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia.

Par. (15). Pub. L. 90-247, § 301(d)(2), substituted "1965-1966" for "1962-1963".

1966-Par. (1). Pub. L. 89-750, § 230, struck out prohibition against inclusion of real property used by the United States primarily for provision of services or benefits to local area in which property is situated, which was formerly set out as cl. (A) in last sentence, and redesignated former cls. (B) to (D) of such sentence as cls. (A) to (C) thereof, respectively.

Par. (6). Pub. L. 89-750, § 222(b), substituted "second year of the four year increase period" for "base year". Par. (10). Pub. L. 89-750, § 231, inserted provisions requiring that regulations prescribed by Commissioner require consideration of excellence of architecture and design, allow inclusion of works of art in plans, and require that facilities be usable by handicapped persons. Par. (13). Pub. L. 89-750, § 232, inserted "American Samoa,".

Par. (15). Pub. L. 89-750, § 222(c), inserted provisions moving base year back to 3 or 4 years before application year and substituted 1962-1963 for 1963-1964 as latest available base year.

Par. (16). Pub. L. 89-750, § 222(d), substituted "four" for "two".

1964-Par. (13). Pub. L. 88-665, § 1101(c), inserted "the District of Columbia," after "Guam,”.

Par. (15). Pub. L. 88-665, § 1101(d), substituted "1963-1964" for "1962-1963".

1963-Par. (15). Pub. L. 88-210 substituted "1962-1963" for "1960-1961".

1961-Par. 15. Pub. L. 87-344 substituted "school year 1960-1961" for "school year 1958-1959". 1960-Par. 13. Pub. L. 86-624 struck out "Hawaii," before "Puerto Rico".

1959-Par. 13. Pub. L. 86-70 struck out "Alaska," before "Hawaii".

CHANGE OF NAME

In par. (1), "United States Postal Service" was substituted for "Post Office Department" pursuant to Pub. L. 91-375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished the Post Office Department, transferred its functions to the United States Postal Service, and provided that references in other laws to the Post Office Department shall be considered a reference to the United States Postal Service.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see section 301(c) of Pub. L. 93-380, set out as a note under section 633 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment of par. (1) of this section by section 203(a)(1), (2) of Pub. L. 91-230 effective after June 30,

1970, see section 203(c)(1) of Pub. L. 91-230, set out as a note under section 635 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment of par. (1) by section 201 of Pub. L. 90-247 effective for fiscal years beginning after June 30, 1967, see section 208 of Pub. L. 90-247, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1966 AmendmeNT Amendment by Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a note under section 238 of this title.

EFFECTIVE Date of 1963 Amendment Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303 of Pub. L. 88-210, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1961 Amendment Amendment by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as a note under section 633 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 47(f) of Pub. L. 86-624 provided that: "The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending sections 15i(1), 15jj(e), 15ggg(a), 244(8), and 645 of this title], by section 20(a) [amending section 41(g) of Title 29, Labor], by section 23(b) [amending section 466j(d) of Title 33, Navigation and Navigable Waters], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 [amending sections 201(f), 255, 264(c) and 291i(d) of Title 42, The Public Health and Welfare], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410(h), (i) and 1301(a)(1), (2) of Title 42] shall become effective on August 21, 1959."

EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective on Jan. 3, 1959. See section 47(d) of Pub. L. 86-70.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 635, 644 of this title.

§ 646. Assistance in cases of certain disasters

(a) Eligibility requirements; maximum amount; form, terms and conditions

In any case in which

(1) the President determines with respect to any local educational agency (including for the purpose of this section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary or secondary school age) that such agency is located in whole or in part within an area which, after August 30, 1965, and prior to October 1, 1993, has suffered a major disaster as the result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination of the President pursuant to sections 5122(2) and 5170 of title 42, is or threatens to be of sufficient severity or magnitude to warrant disaster assistance by the Federal Government; and

(2) the Governor of the State in which such agency is located has certified the need for

disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe;

and if the Secretary determines with respect to such agency that—

(3) as a result of such major disaster, (A) public elementary or secondary school facilities of such agency (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) have been destroyed or seriously damaged, or (B) private elementary or secondary school facilities serving children who reside in the area served by such agency have been destroyed and will not be replaced, thereby increasing the need of such agency for school facilities;

(4) such agency is utilizing or will utilize all State and other financial assistance available for the replacement or restoration of such school facilities;

(5) such agency does not have sufficient funds available to it from State, local, and other Federal sources (including funds available under other provisions of this chapter), and from the proceeds of insurance on such school facilities, and requires an amount of additional assistance equal to at least $10,000 or 5 per centum of such agency's current operating expenditures during the fiscal year preceding the one in which such disaster occurred, whichever is less, to provide the minimum school facilities needed (A) for the restoration or replacement of the school facilities of such agency so destroyed or seriously damaged or (B) to serve, in facilities of such agency, children who but for the destruction of the private facilities referred to in clause (3)(B) would be served by such private facilities; and

(6) in the case of any such major disaster, to the extent that the operation of private elementary and secondary schools in the school attendance area of the local educational agency has been disrupted or impaired by such disaster, such local educational agency has complied with the provisions of section 241-1(a)(4) of this title, with respect to provisions for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate,

the Secretary may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Secretary may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available from State, local, and other Federal sources (including funds available under other provisions of this chapter), and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or re

95-008 - 89 — 7 (Vol. 8): QL3

placement of the school facilities destroyed or damaged as a result of the disaster. For the purpose of the preceding sentence, the phrase "cost of construction incident to the restoration or replacement of the school facilities" includes such additional amounts as the Secretary may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster.

(b) Authorization of appropriations; expenditure of sums pending appropriation

There are hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Secretary may expend (without regard to sections 1341(a) and 1515(b) of title 31) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this chapter such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made.

(c) Applications; priority of approvals; conditions precedent; consultation with agencies; prompt consideration for applications

No payment may be made to any local educational agency under subsection (a) of this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Secretary in accordance with regulations prescribed by him, and which meets the requirements of section 636(b)(1) of this title. In determining the order in which such applications shall be approved, the Secretary shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. No payment may be made under subsection (a) of this section unless the Secretary finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with overall State plans for the construction of school facilities. All determinations made by the Secretary under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency. The Secretary shall complete action of approval or disapproval of an application within 90 days of the filing of an application.

(d) Payments to local agencies; repayment of unexpended funds

Amounts paid by the Secretary to local educational agencies under subsection (a) of this section may be paid in advance or by way of reimbursement and in such installments as the Secretary may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(e) Applicability of sections 631 to 640 of this title

None of the provisions of 631 to 640 of this title, both inclusive, other than section

636(b)(1) of this title, shall apply with respect to this section.

(Sept. 23, 1950, ch. 995, § 16, as added Nov. 1, 1965, Pub. L. 89-313, § 1, 79 Stat. 1158, and amended Jan. 2, 1968, Pub. L. 90-247, title II, § 217, 81 Stat. 810; Oct. 21, 1968, Pub. L. 90-608, ch. IV, § 402, 82 Stat. 1194; Apr. 13, 1970, Pub. L. 91-230, title II, § 201(c), 84 Stat. 154; Dec. 31, 1970, Pub. L. 91-606, title III, § 301(f), 84 Stat. 1759; 1973 Reorg. Plan No. 1, §§ 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, § 2(2), 38 F.R. 34177; May 22, 1974, Pub. L. 93-288, title VI, § 602(f), 88 Stat. 164; Aug. 21, 1974, Pub. L. 93-380, title III, §§ 301(b), 302(b), 88 Stat. 521, 522; Apr. 21, 1976, Pub. L. 94-273, § 3(6), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title X, §§ 1010(b), 1021(a), 1024, 92 Stat. 2310-2312; July 20, 1979, Ex. Ord. No. 12148, § 4-106, 44 F.R. 43239; Oct. 19, 1984, Pub. L. 98-511, title III, § 301(b)(2), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100-297, title II, §§ 2031(a)(2), 2032(a)(1), (b), 2033, 102 Stat. 301; Nov. 23, 1988, Pub. L. 100-707, title I, § 109(j), 102 Stat. 4709.)

CODIFICATION

In subsec. (b), "sections 1341(a) and 1515(b) of title 31" was substituted for "subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

AMENDMENTS

1988-Subsec. (a). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner" wherever appearing.

Subsec. (a)(1). Pub. L. 100-707, which directed the substitution of "5170" for "5141" in subsec. (a)(1)(A) of this section was executed by making the substitution in par. (1) to reflect the probable intent of Congress and the intervening amendment by Pub. L. 100-297, § 2033(a), below, which struck out the subpar. "(A)" designation in par. (1).

Pub. L. 100-297, § 2033(a), struck out "(A)" after "(1)", substituted "Governemnt; and" for "Government; or", and struck out subpar. (B) which authorized additional assistance in any case in which the Secretary determines with respect to any such agency that public elementary or secondary school facilities (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) of such agency have been destroyed or seriously damaged as a result of flood, hurricane, earthquake, storm, fire, or other catastrophe, except any such catastrophe caused by negligence or malicious action.

Subsec. (a)(1)(A). Pub. L. 100-297, § 2031(a)(2), substituted "1993" for "1988".

Subsec. (a)(5). Pub. L. 100-297, § 2033(b), substituted "$10,000 or 5 per centum" for "$1,000 or one-half of one per centum".

Subsec. (b). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner".

Subsec. (c). Pub. L. 100-297, § 2032(a)(1), (b), substituted "Secretary" for "Commissioner" in four places and amended fifth sentence generally. Prior to amendment, fifth sentence read as follows: "In any case in which the Secretary does not complete, within sixty days, all action leading to approval or disapproval of an application filed under this section, the Secretary shall assume responsibility for such approval or disapproval of such application and shall complete such

action within ninety days of the filing of such application."

Subsec. (d). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner" in two places. 1984-Subsec. (a)(1)(A). Pub. L. 98-511 substituted "1988" for "1983".

1978-Subsec. (a). Pub. L. 95-561, §§ 1021(a), 1024, substituted "1983" for "1978” in par. (1)(A) and struck out, in provisions following par. (6), requirement that in all cases determined pursuant to clause (1)(B) of this subsection and in any other case deemed appropriate by the Commissioner, assistance be in the form of repayable advances subject to such terms and conditions as the Commissioner determined to be in the public interest.

Subsec. (c). Pub. L. 95-561, § 1010(b), inserted provisions for prompt consideration of applications.

1976-Subsec. (a)(1)(A). Pub. L. 94-273 substituted "October" for "July".

1974-Subsec. (a)(1)(A). Pub. L. 93-380, § 301(b), substituted "1978" for "1973".

Pub. L. 93-288 substituted "sections 5122(2) and 5141 of title 42" for "section 4402(1) of title 42".

Subsec. (a), foll. (6). Pub. L. 93-380, § 302(b), inserted penultimate sentence defining "cost of construction incident to the restoration or replacement of the school facilities".

1970-Subsec. (a)(1)(A). Pub. L. 91-606 substituted "section 4402(1) of title 42" for "section 1855a(a) of title 42".

Subsec. (a)(1)(A). Pub. L. 91-230 substituted "1973" for "1970".

1968-Subsec. (a). Pub. L. 90-247 revised subsec. (a) generally and, among other changes, inserted alternative requirements of cl. (1)(B) in order to authorize assistance to schools which have been damaged or destroyed as a result of flood, hurricane, earthquake, storm, fire, or other catastrophe, except any such catastrophe caused by negligence or malicious action, even if the area in which the school is located has not been designated as a major disaster area by the President as provided in cl. (1)(A).

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98-511, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as a note under section 237 of this title.

EFFECTIVE Date of 1974 AMENDMENTS Amendment of subsec. (a)(1)(A) of this section by section 301(b) of Pub. L. 93-380 effective on and after July 1, 1973, see section 301(c) of Pub. L. 93-380, set out as a note under section 633 of this title.

Amendment of subsec. (a) of this section by section 302(b) of Pub. L. 93-380 effective on and after sixtieth day after Aug. 21, 1974, except as otherwise specified hereunder, see section 2(c) of Pub. L. 93-380, set out as a note under section 244 of this title.

Amendment by Pub. L. 93-288 effective Apr. 1, 1974, see section 605 of Pub. L. 93-288, set out as an Effective Date note under section 5121 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-606 effective Dec. 31, 1970, see section 304 of Pub. L. 91-606, set out as a note under section 165 of Title 26, Internal Revenue Code.

TRANSFER OF FUNCTIONS

"President" was substituted for "Director of the Office of Emergency Preparedness" in subsec. (a), pursuant to section 1 of Reorganization Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out in the Appendix to Title 5, Government Organization and Employees.

Previously, functions of the Director of the Office of Emergency Preparedness under this section, transferred to the President by Reorg. Plan No. 1 of 1973, had been transferred to the Secretary of Housing and Urban Development by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which superseded Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, which had provided for a similar transfer to the Secretary of Housing and Urban Development. Both of these Executive Orders were subsequently revoked, see Delegation of Functions note below.

The Office of Emergency Preparedness [formerly Office of Emergency Planning], including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

Functions of the President under this section were delegated to the Director of the Federal Emergency Management Agency by section 4-106 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section 2251 of the Appendix to Title 50, War and National Defense. Sections 5-112 and 5-113 of Ex. Ord. No. 12148, revoked Ex. Ord. Nos. 11725 and 11749, respectively, which had previously transferred the President's functions under this section to the Secretary of Housing and Urban Development. See Transfer of Functions note above.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 241-1 of this title.

§ 647. Determination of payment not affected by announcement of decrease in or cessation of Federal activities in certain areas

In determining the payment to be made to a local educational agency under this chapter the Secretary shall disregard the announcement, made November 19, 1964, of a decrease in or cessation of Federal activities in certain areas, and shall carry out such chapter as if such announcement had not been made.

(Sept. 23, 1950, ch. 995, § 17, as added Nov. 1, 1965, Pub. L. 89-313, § 3, 79 Stat. 1161, and amended Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.)

AMENDMENTS

1988-Pub. L. 100-297 substituted "Secretary" for "Commissioner".

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.