CODIFICATION "Sections 4344 and 9344 of title 10" was substituted for "section 1 of this Act", meaning section 1 of act June 27, 1946, ch. 493, 60 Stat. 311, on authority of act Aug. 10, 1956, § 49(b), ch. 1041, 70A Stat. 640, the first section of which enacted Title 10, Armed Forces. §§ 222 to 224. Repealed. Pub. L. 87-256, § 111(a)(4), Sept. 21, 1961, 75 Stat. 538 Sections, act Aug. 24, 1949, ch. 505, §§ 1-3, 63 Stat. 630, authorized the creation of a special deposit account for sums due or paid by the Republic of Finland to the United States as interest on or in retirement of the principal of the debt incurred under the act of Feb. 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant to authority contained in sections 805 to 809 of former Title 31, Money and Finance, or of any other indebtedness incurred by Finland and owing to the United States as a result of World War I, provided for the use of such fund for exchange of students, professors, etc., for the interchange of books and technical equipment, and for disbursements from the account. See section 2451 et seq. of Title 22, Foreign Relations and Intercourse, particularly section 2455. CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS, DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER ACTIONS Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out in section 2451 et seq. of Title 22, Foreign Relations and Intercourse, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of these sections, see section 111(b) of Pub. L. 87-256, set out as a note under section 2451 of Title 22. § 225. Fund for education of Iranian students in United States There is authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $110,000, which sum shall be expended by the Secretary of State in his discretion for the education of Iranian students in the United States, in accordance with the obligation of the United States arising out of the agreement contained in an exchange of notes between this Government and the Iranian Government of July 25, July 29, November 9, and November 15, 1924, which agreement settled a claim asserted by the United States. The said sum of $110,000 shall be deemed a trust fund received by the Secretary of State under the provisions of section 2668a of title 22, and shall be expended as therein provided. The said sum shall be deemed to constitute the fund of $110,000 received by the United States from the Iranian Government in four installments between December 24, 1924, and March 29, 1925, pursuant to the afore-mentioned notes, and deposited in the Treasury of the United States on June 24, 1925, which fund shall be deemed, insofar as the same may be necessary, to have been heretofore appropriated as a trust fund under section 2668a of title 22 and sections 1321 and 1322(a) of title 31. The Secretary of the Treasury shall make payments out of the said fund to or for the account of such persons, in such amounts, at such times, and on such terms, as the Secretary of State or his designee shall certify and the certificates of the Secretary of State or his designee issued hereunder shall be conclusive as to the propriety of payments so made. The expenditure of the said sum by the United States shall constitute full performance of the obligation of the United States to the Iranian Government or any other person arising out of the said notes and shall discharge the Secretary of State and the Secretary of the Treasury with respect to any accountability therefor. (Sept. 29, 1950, ch. 1110, §§ 1, 2, 64 Stat. 1081.) CODIFICATION "Section 2668a of title 22" was substituted in text for "the Act of February 27, 1896, (29 Stat. 32, title 31, U.S.C. sec. 547)" and "the said Act of February 27, 1896" to reflect the transfer of section 547 of Title 31, Money and Finance, to section 2668a of Title 22, Foreign Relations and Intercourse. "Sections 1321 and 1322(a) of title 31" was substituted in text for "the Permanent Appropriation Repeal Act, 1934, as amended, section 20 (48 Stat. 1233, 31 U.S.C., sec. 725(s) [31 U.S.C. 725s]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31. CHAPTER 13-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES SUBCHAPTER I-ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY Sec. 231 to 235. Omitted. 236. 237. 238. 239. within school district as financial burden entitling for contribution. (b) Property excluded. (c) School district consolidations. Payments to local school agencies. (a) Children of persons who reside and work on Federal property; parent in uniformed services; residents of Indian lands. (b) Children of persons who reside or (e) Adjustment for certain decreases in (f) Determinations on basis of estimates. (g) Spending vote requirement prohibit ed. (h) Special provisions. Sudden and substantial increases in attendance. (a) Determination by Secretary; amount of contribution. (b) Omitted. (c) Counting of certain children in determination of increases. Sec. 239a. 240. 241. 241-1. (e) Limit on payments. (f) Children living on Federal property. (g) Elective school boards. (h) School board oversight of school ex penditures and operations. (i) Availability of funds. Assistance for current school expenditures in cases of certain disasters. (a) Eligibility requirements; terms; duration; maximum amount. (b) Additional funds for replacing supplies and equipment, making minor repairs, and leasing temporary facilities. (c) Authorization of appropriations; expenditure of sums pending appropriation. (d) Applications; priority of approvals; prompt consideration for applications. (e) Payments to local agencies; repayment of unexpended funds. (f) Availability of funds. SUBCHAPTER IV-GENERAL Supervision over schools. (a) Repealed. (b) Rules and regulations. (c) Report to Congress. Utilization of services and facilities of other Federal agencies. (a) Agreements with agencies; delegation of functions. (b) Duty of Federal agencies. Definitions. School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments. Repealed. State equalization plans; assistance to States. (a) Reimbursement to States; submittal of plans to Secretary; statement of purpose; guidelines: publication and republication in Federal Register, submittal to President of Senate and Speaker of House; new guidelines; resolution of disapprov SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 243, 244, 1228 of this title. §§ 231 to 235. Omitted CODIFICATION Sections, act Sept. 10, 1949, ch. 582, 63 Stat. 697, related to Federal aid to local school agencies to provide educational opportunities to children in federally affected areas, received appropriations of $7,500,000 only for the fiscal year 1950. See section 236 et seq. of this title, and, also, section 631 et seq. of this title. § 236. Congressional declaration of policy; authorization of appropriations (a) In recognition of the responsibility of the United States for the impact which certain Federal activities have on the local educational agencies in the areas in which such activities are carried on, the Congress declares it to be the policy of the United States to provide financial assistance (as set forth in this subchapter) for those local educational agencies upon which the United States has placed financial burdens by reason of the fact that (1) the revenues available to such agencies from local sources have been reduced as the result of the acquisition of real property by the United States; or (2) such agencies provide education for children residing on Federal property; or (3) Such agencies provide education for children whose parents are employed on Federal property; or (4) there has been a sudden and substantial increase in school attendance as the result of Federal activities. (b) There are authorized to be appropriated $735,000,000 for fiscal year 1989, $785,000,000 for fiscal year 1990, $835,000,000 for fiscal year 1991, $885,000,000 for fiscal year 1992, and $935,000,000 for fiscal year 1993, to carry out the provisions of this chapter. (Sept. 30, 1950, ch. 1124, title I, § 1, formerly § 1, 64 Stat. 1100, renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 27; Apr. 28, 1988, Pub. L. 100-297, title II, § 2012(b), 102 Stat. 294.) AMENDMENTS 1988-Pub. L. 100-297 designated existing provisions as subsec. (a) and added subsec. (b). 1965-Pub. L. 89-10 substituted "this title" for "this Act", and for purposes of codification, "this title" was changed to "this subchapter". 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. SHORT TITLE OF 1988 AMENDMENT Section 2001 of Pub. L. 100-297 provided that: “This part [part A, §§ 2001 to 2034, of title II of Pub. L. 100-297, amending sections 236 to 239, 240 to 241-1, 242 to 244, and 631 to 647 of this title and enacting provisions set out as notes under sections 236 and 238 of this title] may be cited as the 'Impact Aid Reauthorization Act of 1988'." SHORT TITLE Act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which is classified generally to this chapter, is popularly known as the Educational Agencies Financial Aid Act and also as the Impact Aid Act. REGULATION REQUIREMENTS Section 2020 of Pub. L. 100-297 provided that: "No regulations may be established to carry out the provisions of this Act [act June 30, 1950, 20 U.S.C. 236 et seq., see section 2011(a) of Pub. L. 100-297] unless such regulations will become final only after a period for comment which is not less than 90 days. No provision of the regulations may have a retroactive effect which results in the recovery of assistance by the United States (other than such recovery based on regulations in effect at the time the assistance was made). To the extent that the provisions of section 431 of the General Education Provisions Act [20 U.S.C. 1232] are not inconsistent with the provisions of this section, the provisions of section 431 shall apply to regulations established under this Act." COMMISSION ON REVIEW OF FEDERAL IMPACT AID PROGRAM; APPOINTMENT; OPERATION AND FUNCTION; REPORT AND RECOMMENDATIONS NOT LATER THAN SEPTEMBER 1, 1981 Pub. L. 95-561, title X, § 1015, Nov. 1, 1978, 92 Stat. 2311, as amended by Pub. L. 96-46, § 2(a)(5), Aug. 6, 1979, 93 Stat. 340; Pub. L. 96–88, title III, § 301(c), title V, § 507, Oct. 17, 1979, 93 Stat. 679, 692; Pub. L. 96-374, title XIII, § 1304(a), Oct. 3, 1980, 94 Stat. 1497, provided for the establishment of a Commission on the Review of the Federal Impact Aid Program and directed the Commission to review and evaluate the administration and operation of the impact aid program under this chapter and to submit a report to the President and Congress, not later than Sept. 1, 1981. Pub. L. 96-374, title XIII, § 1304(b)-(d), Oct. 3, 1980, 94 Stat. 1497, provided that all funds made available to the Commission for operating expenses remain available to carry out the report and evaluation required by section 1015 of Pub. L. 95-561, the terms of office of the members of the Commission be coterminus with the duration of the Commission, and the Commission terminate Sept. 30, 1981. APPROPRIATIONS NOT AUTHORIZED FOR COMMISSION ON REVIEW OF FEDERAL IMPACT AID PROGRAM FOR FISCAL YEAR 1982, 1983, OR 1984 Pub. L. 97-35, title V, § 511(a), Aug. 13, 1981, 95 Stat. 443, provided that: "No funds are authorized to be appropriated to carry out section 1015 of the Education Amendments of 1978 [Pub. L. 95-561, set out above] for fiscal year 1982, 1983, or 1984." § 237. Federal contributions (a) Federal acquisition of property within school district as financial burden entitling for contribution Where the Secretary, after consultation with any local educational agency and with the appropriate State educational agency, determines for any fiscal year ending prior to October 1, 1993 (1) that the United States owns Federal property in the school district of such local educational agency, and that such property (A) has been acquired by the United States since 1938, (B) was not acquired by exchange for other Federal property in the school district which the United States owned before 1939, and (C) had an assessed value (determined as of the time or times when so acquired) aggregating 10 per centum or more of the assessed value of all real property in the school district (similarly determined as of the time or times when such Federal property was so acquired); and (2) that such acquisition has placed a substantial and continuing financial burden on such agency; and (3) that such agency is not being substantially compensated for the loss in revenue resulting from such acquisition by increases in revenue accruing to the agency from the carrying on of Federal activities with respect to the property so acquired, then the local educational agency shall be entitled to receive for such fiscal year such amount as, in the judgment of the Secretary, is equal to the continuing Federal responsibility for the additional financial burden with respect to current expenditures placed on such agency by such acquisition of property. Such amount shall not exceed the amount which, in the judgment of the Secretary, such agency would have derived in such year, and would have had available for current expenditures, from the property acquired by the United States (such amount to be determined without regard to any improvements or other changes made in or on such property since such acquisition). In making the determination of the amount that would have been derived in such year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies or imputed for fiscally dependent local educational agencies to the current annually determined aggregate assessed value of such acquired Federal property. (b) Property excluded For the purposes of this section any real property with respect to which payments are being made under section 8311 of title 16 shall not be regarded as Federal property. (c) School district consolidations Where the school district of any local educational agency shall have been formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at the time it files application under section 240 of this title) for any fiscal year to have (1) the eligibility of such local educational agency, and (2) the amount which such agency shall be entitled to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school district as the agency shall designate in such election. (Sept. 30, 1950, ch. 1124, title I, § 2, formerly § 2, 64 Stat. 1101; Aug. 8, 1953, ch. 402, § 1, 67 Stat. 530; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 201, 70 Stat. 970; Aug. 12, 1958, Pub. L. 85-620, title II, § 201, 72 Stat. 559; Oct. 3, 1961, Pub. L. 87-344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 302, formerly § 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 2, 5, 79 Stat. 27, 36; Jan. 2, 1968, Pub. L. 90-247, title II, § 204(a)-(c), title III, § 301(e), 81 Stat. 808, 813; Apr. 13, 1970, Pub. L. 91-230, title II, § 201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93-380, title III, § 303(a)(1), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94-273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title X, § 1001(a), 92 Stat. 2306; Oct. 19, 1984, Pub. L. 98-511, title III, § 301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100-297, title II, §§ 2011(a)(1), 2012(a), 2013, 102 Stat. 294.) AMENDMENTS 1988-Subsec. (a). Pub. L. 100-297 substituted "Secretary" for "Commissioner" wherever appearing, sub stituted "1993" for "1988", inserted at end: "In making the determination of the amount that would have been derived in such year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies or imputed for fiscally dependent local educational agencies to the current annually determined aggregate assessed value of such acquired Federal property." 1984-Subsec. (a). Pub. L. 98-511 substituted "1988" for "1983". 1978-Subsec. (a). Pub. L. 95-561 substituted "1983" for "1978". 1976-Subsec. (a). Pub. L. 94-273 substituted "October" for "July". 1974-Subsec. (a). Pub. L. 93-380 substituted "1978" for "1973". 1970-Subsec. (a). Pub. L. 91-230 substituted "1973" for "1970". 1968-Subsec. (a). Pub. L. 90-247, §§ 204(a), (b), 301(e), substituted "1970" for "1968" and struck out requirement that other Federal payments with respect to any property acquired by the United States in the school district of any local educational agency be deducted from compensation to which such local educational agency is entitled by reason of such acquisition. Subsec. (b). Pub. L. 90-247, § 204(c), struck out definition of "other Federal payments". 1965-Subsec. (a). Pub. L. 89-10, § 5, substituted "1968" for "1966". Subsec. (b). Pub. L. 89-10, § 2, substituted "this title" for "this Act", which for purposes of codification was changed to "this subchapter". 1964-Subsec. (a). Pub. L. 88-665 substituted "1966" for "1965". 1963-Subsec. (a). Pub. L. 88-210 substituted "1965" for "1963". 1961-Subsec. (a). Pub. L. 87-344 substituted "1963" for "1961". 1958-Subsec. (a). Pub. L. 85-620, § 201(a), substituted "any fiscal year ending prior to July 1, 1961" for "the fiscal year beginning July 1, 1950, or for any of the seven succeeding fiscal years". Subsec. (b)(1). Pub. L. 85-620, § 201(b), provided that "other Federal payments" shall not include payments pursuant to contract or other arrangement under section 452 of title 25. 1956-Subsec. (a). Act Aug. 3, 1956, substituted "seven succeeding fiscal years" for "six succeeding fiscal years". 1955-Subsec. (a). Act Aug. 12, 1955, substituted "six succeeding fiscal years" for "five succeeding fiscal years". 1953-Subsec. (a). Act Aug. 8, 1953, § 1(a), (b), substituted "five succeeding fiscal years" for "three succeeding fiscal years" and inserted "with respect to the property so acquired" after "other Federal payments" wherever appearing. Subsec. (b)(1). Act Aug. 8, 1953, § 1(c), extended definition of "other Federal payments" to include, expressly, property taxes paid with respect to Federal property whether paid by the United States or other parties. 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 Section 711 of Pub. L. 98-511 provided that: "(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on the date of enactment of this Act [Oct. 19, 1984] or October 1, 1984, whichever occurs later. "(b) The amendments made by title I of this Act [see Tables for classification] shall take effect on July 1, 1985." EFFECTIVE DATE OF 1978 AMENDMENT Section 1032 of title X of Pub. L. 95-561 provided that: "This title [amending sections 237, 238, 239, 240, 241, 241-1, 244, 633, 635, 640, 645, and 646 of this title, enacting provisions set out as notes under sections 236, 240, and 244 of this title, and amending a provision set out as a note under section 238 of this title] shall be effective with respect to the 1979 fiscal year, and subsequent fiscal years, except that "(1) the amendments made by section 1006 [amending section 240 of this title] shall be effective upon enactment of this Act [Nov. 1, 1978], and actions of the Commissioner of Education under the Act of September 30, 1950 (Public Law 874, Eightyfirst Congress) [this chapter], during or with respect to fiscal year 1978, shall be subject to the provisions of such amendments; "(2) the amendments made by sections 1003, 1007, 1011, and 1012 [amending sections 238, 240, and 244 of this title] shall be effective with respect to fiscal year 1980, and subsequent fiscal years; and "(3) the provisions of section 1015 [enacting provisions set out as a note under section 236 of this title] shall be effective upon enactment of this Act [Nov. 1, 1978]." EFFECTIVE DATE OF 1974 AMENDMENT Section 303(b) of Pub. L. 93-380 provided that: “The amendments made by this section [amending sections 237, 239, and 241-1 of this title] shall be effective on and after July 1, 1973." EFFECTIVE DATE OF 1968 AMENDMENT Section 208 of Pub. L. 90-247 provided that: "The amendments made by sections 201, 203, 204, 205, 206, and 207 of this part [amending sections 237, 238, 244, 635, to 644, and 645 of this title] shall be deemed to have been enacted prior to June 30, 1967, and shall be effective for fiscal years beginning thereafter." EFFECTIVE DATE OF 1963 AMENDMENT Section 303, formerly § 33 of Pub. L. 88-210, as renumbered by Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064, which provided that the amendments made by sections 31 and 32 (amending sections 237, 238, 239, 633, 644, and 645 of this title) shall be effective July 1, 1963, was repealed in the general revision of Pub. L. 88-210 by Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2435. 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 1958 AMENDMENT Section 207 of Pub. L. 85-620 provided that: "The amendments made by this title [amending sections 237, 238, 239, 243, 244 of this title, and repealing section 245 of this title] shall be effective for the period beginning July 1, 1958." EFFECTIVE DATE OF 1956 AmendmenT Section 213 of act Aug. 3, 1956, provided that amendments to subsec. (a) of this section and to sections 238, 239, 240, 243, 244, and 245 of this title shall be effective July 1, 1956. EFFECTIVE DATE OF 1953 AMENDMENT Section 12 of act Aug. 8, 1953, provided that: "(a) Except where a different effective date is specified, the amendments made by the preceding sections of this Act [amending sections 237(a), (b), 238, 239(a), (c), (d), 240(b), (c), 241, 243(a), (d), 244(1), (8), and 245 of this title] shall become effective July 1, 1954. In the case of any local educational agency which is entitled to payments for the fiscal year ending June 30, 1954, under section 4(a) of the Act of September 30, 1950 [section 239(a) of this title], as in effect prior to the enactment of this Act [Aug. 8, 1953], with respect to an increase in average daily attendance occurring in such fiscal year, such agency shall be entitled to payments for the fiscal year ending June 30, 1955, in accordance with the provisions following clause (B) of such section as amended by this Act; and for such purpose the amount to which such agency is so entitled for the fiscal year ending June 30, 1954, shall be deemed to be the product referred to in such section as amended by this Act. "(b) The amendments made by the following provisions of this Act shall become effective as of July 1, 1953: "(1) Subsections (b) and (c) of the first section [amending sections 237(a), (b) of this title]; "(2) Subsections (b)(1) and (c) of section 2, and the second sentence of subsection (d) of such section 2 [amending sections 238(d), (e) of this title]; "(3) Section 8 [amending section 241 of this title]; and "(4) Subsection (a) of section 10 [amending section 244(1) of this title]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 240 of this title. § 238. Payments to local school agencies (a) Children of persons who reside and work on Federal property; parent in uniformed services; residents of Indian lands For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Secretary shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal property and (1) did so with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency; or (2) had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37). In making a determination under clause (2) of the preceding sentence with respect to a local educational agency for any fiscal year, the Secretary shall include the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such year, and who, while in attendance at such schools, resided on Indian lands, as described in clause (A) of section 244(1) of this title. (b) Children of persons who reside or work on Federal property, who are on active duty in uniformed services, or who are refugees For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to October 1, 1993, the Secretary shall, in |