(8) The term "State" means a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, or the Virgin Islands, and for purposes of title IÍ, such term includes the Trust Territory of the Pacific Islands. (9) The terms "Commissioner of Education" and "Commissioner" mean the United States Commissioner of Education. (10) Average daily attendance shall be determined in accordance with State law; except that, notwithstanding any other provision of this Act, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this Act the attendance of such child at such school shall be held and considered (A) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (B) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such tuition payment under the contract. (11) The term "county" means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. (12) The term "construction" includes 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. (13) The term "school facilities" means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public. (14) The term "equipment" includes machinery, utilities, and builtin equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particnlar facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (15) For the purpose of title II, the term "elementary school" means a day or residential school which provides elementary education, as determined under State law, and the term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education, provided beyond grade 12. Legislative History OPERATION AND MAINTENANCE OF SCHOOLS IN FEDERALLY IMPACTED AREAS (P.L. 874) 81st Congress-H.R. 7940: H. Rept. 2287: amended and passed Honse, p. 10111, July 13, 1950. S. Rept. 2458: Amended and passed Senate, p. 14735, Sept. 13, 1950. Conference report (H. Rept. 3109) Senate agrees to, p. 15020, Sept. 18. 1950. House agrees to, p. 15302, Sept. 20, 1950. Approved, p. 15790, Sept. 30, 1950. 83d Congress-P.L. 732 (amends P.L. 874). S. 3629: S. Rept. 2204, p. 13003; amended and passed by Senate, p. 14059, Aug. 11, 1954. House passed, p. 14663, Aug. 16, 1954. Approved, p. 15838, Aug. 31, 1954. 83d Congress-P.L. 248 (amends P.L. 874). H.R. 6078: H. Rept. 703, p. 8043; amended and passed House, p. 8826, July 14, 1953. S. Rept. 714: Amended and passed Senate, p. 10796, Aug. 1, 1953. Conference report (H. Rept. 1092): House agrees, p. 11114, Aug. 3, 1953. Senate agrees, p. 11056, Aug. 3, 1953. Approved, p. 11160, Aug. 8, 1953. 84th Congress-P.L. 382 (amends P.L. 815 and 874). H.R. 7245: H. Rept. 1441, p. 11596; amended and passed House, p. 12408, July 30, 1955. Passed Senate, p. 12296, July 30, 1955. Approved, p. 13081, Aug. 12, 1955. 85th Congress-P.L. 620 (amends P.L. 815 and 874). H.R. 11378: H. Rept. 1532; amended and passed House, p. 7125, Apr. 23, 1958. S. Rept. 1929: Amended and passed Senate, p. 15245, July 28, 1958. House concurs in Senate amendment. p. 15444, July 29, 1958. Approved, p. 18234, Aug. 12, 1958. 88th Congress-P.L. 88-210, pt. C. (amends P.L. 815 and 874). H.R. 4955: H. Rept. 393, p. 11065; amended and passed House, p. 14297, Aug. 6, 1963. S. Rept. 553; amended and passed Senate, p. 18999, Oct. 8, 1963. Conference report (H. Rept. 1025): House agrees, p. 24291, Dec. 12, 1963. Senate agrees, p. 24486, Dec. 13, 1963. Approved Dec. 18, 1963. 88th Congress-P.L. 88-665 (title XI of NDEA and extensions, 1964) (amends P.L. 815 by sec. 1101, amends P.L. 874 by sec. 1102). S. 3060: S. Rept. 1275: passed Senate Aug. 1, 1964, p. 17116 (daily edition of Congressional Record). House amended and passed Aug. 14, 1964, p. 19075 (daily edition). Conference report (H. Rept. 1916), Sept. 30, 1964: House agrees Oct. 1, 1964, p. 22651. Senate agrees Oct. 2, 1964, p. 22747. Approved, Oct. 16, 1964. 89th Congress-P.L. 89-10 H. Rept. 143 (Committee on Education and Labor). Mar. 24-25: Considered in House. Mar. 26: Considered and passed House. Apr. 6-8: Considered in Senate. Apr. 9: Considered and passed Senate. SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES Enacted on September 23, 1950, as P.L. 815, 81st Congress, 64 Stat. 967, 20 U.S.C. 631, and amended on August 8, 1953, by P.L. 246, 83d Congress, 67 Stat. 522, on May 11, 1954, by P.L. 357, 83d Congress, 68 Stat. 87, on August 31, 1954, by P.L. 731, 83d Congress, 68 Stat. 1005, on August 12, 1955, by P.L. 382, 84th Congress, 69 Stat. 713, on August 1, 1956, by P.L. 896, 84th Congress, 70 Stat. 908, on August 3, 1956, by P.L. 949, 84th Congress, 70 Stat. 968, on August 21, 1957, by P.L. 85-161, 71 Stat. 403, on September 2, 1957, by P.L. 85-267, 71 Stat. 593, on August 12, 1958, by 85-620, 72 Stat. 548, on June 25, 1959, by P.L. 86-70, 73 Stat. 141, on May 6, 1960, by P.L. 86-449, 74 Stat. 86, on July 12, 1960, by P.L. 86-624, 74 Stat. 411, on October 3, 1961, by P.L. 87-344, 75 Stat. 759, on December 18, 1963, by P.L. 88-210, 77 Stat. 403, and on October 16, 1964, by P.L. 88-665, 78 Stat. 1100 AN ACT Relating to the construction of school facilities in areas affected by Federal activities, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PURPOSE AND APPROPRIATION SECTION 1. The purpose of this Act is to provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities. There are hereby authorized to be appropriated for the fiscal year ending Jun 30, 1959, and each fiscal year thereafter, such sums as the Congress may determine to be necessary for such purpose. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS SEC. 2. For each fiscal year the Commissioner shall determine the portion of the funds appropriated pursuant to section 1 which shall be available for carrying out the provisions of sections 9 and 10. The remainder of such funds shall be available for paying to local educational agencies the Federal share of the cost of projects for the construction of school facilities for which applications have been approved under section 6. ESTABLISHMENT OF PRIORITIES SEC. 3. The Commissioner shall from time to time set dates by which applications for payments under this Act with respect to construction projects must be filed, except that the last such date with respect to applications for payments on account of children referred to in paragraphs (2) or (3) of section 5 (a) shall be not later than June 30, 1966. The Commissioner shall by regulation prescribe an order of priority, based on relative urgency of need, to be followed in approving applications in the event the funds appropriated under this Act and remaining available on any such date for payment to local educational agencies are less than the Federal share of the cost of the projects with respect to which applications have been filed prior to such date (and for which funds under this Act have not already been obligated). Only applications meeting the conditions for approval under this Act (other than section 6 (b) (2) (C)) shall be considered applications for purposes of the preceding sentence. FEDERAL SHARE FOR ANY PROJECT SEC. 4. Subject to section 5 (which imposes limitations on the total of the payments which may be made to any local educational agency), the Federal share of the cost of a project under this Act shall be equal to such cost, but in no case to exceed the cost, in the school district of the applicant, of constructing minimum school facilities, and in no case to exceed the cost in such district of constructing minimum school facilities for the estimated number of children who will be in the membership of the schools of such agency at the close of the increase period and who will otherwise be without such facilities at such time. For the purposes of the preceding sentence, the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (1) are built or under contract as of the date on which the Commissioner set, under section 3, the earliest date on or before which the application for such project was filed, or (2) as of the date the application for such project is approved, are included in a project the application for which has been approved under this Act. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL EDUCATIONAL AGENCY SEC. 5. (a) Subject to the limitations in subsections (c) and (d), the total of the payments to a local educational agency under this Act may not exceed the sum of the following: (1) the estimated increase, since the base year, in the number of children residing on Federal property with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), multiplied by 95 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; and (2) the estimated increase, since the base year, in the number of children residing on Federal property, or residing with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), multiplied by 50 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated. A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property, for purposes of this paragraph and paragraph (1) of this subsection, for so long as the parent is so assigned; and (3) the estimated increase, since the base year, in the number of children whose membership results directly from activities of the United States (carried on either directly or through a contractor), multiplied by 45 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated. For purposes of this paragraph, the Commissioner shall not consider as activities of the United States those activities which are carried on in connection with real property excluded from the definition of Federal property by the last sentence of paragraph (1) of section 15, but shall (if the local educational agency so elects pursuant to subsection (b)) consider as children whose membership results directly from activities of the United States children residing on Federal property or residing with a parent employed on Federal property. In computing for any local educational agency the number of children in an increase under paragraph (1), (2), or (3), the estimated number of children described in such paragraph who will be in the membership of the schools of such agency at the close of the increase period shall be compared with the estimated number of such children in the average daily membership of the schools of such agency during the base year. (b) If two or more of the paragraphs of subsection (a) apply to a child, the local educational agency shall elect which of such paragraphs shall apply to such child, except that, notwithstanding the election of a local educational agency to have paragraph (2) apply to a child instead of paragraph (1), the determination of the maximum amount for such agency under subsection (a) shall be made without regard to such election. (c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) unless the increase in children referred to in such paragraph, prior to the application of the limitation in subsection (d), is at least twenty and is equal to at least 5 per centum in the case of paragraph (1) or (2), and 10 per centum in the case of paragraph (3), of the number of all children who were in the average daily membership of the schools of such agency during the base year, and unless, in the case of paragraph (3), the construction of additional minimum school facilities for the number of children in such increase will, in the judgment of the Commissioner, impose an undue financial burden on the taxing and borrowing authority of such agency: Provided, That children residing on any housing property which, prior to sale or transfer by the United States, was considered to be Federal property for the purposes of this Act, shall not be considered as having been federally connected in determining the eligibility of the local educational agency under this subsection. (d) If (1) the estimated number of non federally connected children who will be in the membership of the schools of a local educational agency at the close of the increase period is less than (2) 107 per centum of the number of such children who were in the average daily membership of such agency during the base year, the total number of children counted for purposes of subsection (a) with respect to such agency shall be reduced by the difference between (1) and (2) hereof. For purposes of this subsection, all children in the membership of a local educational agency shall be counted as nonfederally connected children except children whose membership in the base year and increase period was compared in computing an increase which meets the requirements of subsection (c). (e) Notwithstanding the provisions of subsections (c) and (d) of this section, whenever and to extent that, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this Act, the Commissioner may do any one or more of the following: (1) he may waive or reduce any percentage requirement or requirements in subsection (c); (2) he may waive the requirement contained in the first sentence of subsection (d) or reduce the percentage specified in clause (2) of such sentence. (f) If (1) the first year of the increase period for an application made by a local educational agency constitutes the second year of the increase period for a previous application made by such agency under this Act, or under this Act as in effect January 1, 1958, and (2) any payment has been or may be made to such agency on the basis of such previous application, |