reason thereof require special education) or for children in institutions for neglected or delinquent children. (7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. (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 II, 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 (A) the average daily attendance of children with respect to whom payment is to be made under section 3 or 4 of this Act shall be determined in accordance with regulations of the Commissioner, and (B) 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 (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment and (ii) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such 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 built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provisions 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 "sec ondary 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. Title IV of the Elementary and Secondary Education Amendments of 1967 makes provision, applicable to this Act, for adequate leadtime and for planning and evaluation of programs in elementary and secondary education. Such provisions are set out at the end of the Elementary and Secondary Education Act of 1965. Legislative History FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITIES AND FOR THE EDUCATION OF CHILDREN OF LowINCOME FAMILIES, AS AMENDED Through the 90th Congress, 1st SESSION (P.L. 874) 81st Congress-H.R. 7940: H. Rept. 2287; amended and passed House, 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. 1141, 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. 24921, Dec. 12, 1963. Senate agrees, p. 24486, Dec. 13, 1963. Approved Dec. 18, 1963. 88th Congress-P.L. 88-665 (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). S. Rept. 146 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Mar. 24-25: Considered in House, Mar. 26: Considered and passed House, Apr. 6-8: Considered in Senate, Apr. 9: Considered and passed Senate. 89th Congress-P.L. 89–77, H. Rept. 164 (Committee on Education and Labor). S. Rept. 311 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Mar. 15: Considered and passed House. June 11: Considered and passed Senate, amended. July 6: House concurred in Senate amendment. 89th Congress-P.L. 89-313, H. Rept. 587 (Committee on Education and Labor). S. Rept. 783 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Aug. 30: Considered and passed House. Oct. 1: Considered and passed Senate, amended. Oct. 13: House concurred in Senate amendments with an amendment. Oct. 15: Senate concurred in House amendment. 89th Congress-P.L. 89-750, H. Rept. 1814, 1814 pt. II (Committee on Education and Labor) and H. Rept. 2309 (Committee of Conference). S. Rept. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Congressional Record, vol. 112 (1966): Oct. 5: Considered in House. Oct. 6: Considered and passed House. Oct. 5, 6: S. 3046 considered and passed Senate. Oct. 7: Considered and passed Senate, amended, in lieu of S. 3046. Oct. 19: Senate agreed to conference report. Oct. 20: House agrees to conference report. 90th Congress-P.L. 90-246. H.R. 7819: House Reports: No. 188 (Committee on Education and Labor) and No. 1049 (Committee of Conference). Senate Report No. 726 (Committee on Labor and Public Welfare). May 22-24: Considered and passed House. Dec. 1, 4-8, 11: Considered and passed Senate amended. 3. SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES, AS AMENDED THROUGH THE 90th CONGRESS, FIRST SESSION* Enacted on September 23, 1950, as P.L. 815, 81st Congress (64 Stat. 967), 20 U.S.C. 631. 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 P.L. 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); on July 12, 1965, by P.L. 89-77 (79 Stat. 243); on November 1, 1965, by P.L. 89-313 (79 Stat. 1158); on November 3, 1966, by P.L. 89-750 (80 Stat. 1191); and on January 2, 1968, by P.L. 90-247 (81 Stat. 806). 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 20 U.S.C 631. 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 June 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. NOTES.-Section 111(f) of Public Law 89-750 provides for coordination of the programs of Acts amended by Public Law 89-750 as follows: "In administering the provisions of this Act and any Act amended by this Act, the Commissioner shall consult with other Federal departments and agencies administering programs which may be effectively coordinated with programs carried out pursuant to such Acts, and to the extent practicable for the purposes of such Acts shall (1) coordinate such programs on the Federal level with the programs being administered by such other departments and agencies and (2) require that effective procedures be adopted by State and local authorities to coordinate the development and operation of programs and projects carried out under such Acts with other public and private programs having the same or similar purposes, including community action programs under title II of the Economic Opportunity Act of 1964." *Section 2 of Public Law 90-247 sets guidelines for the administration of programs of Acts amended by Public Law 90-247 as follows: "Rules, regulations guidelines, or other published interpretations or oders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs authorized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such pro |