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(5) The term "current expenditures" means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under title II of this Act or title II or III of the Elementary and Secondary Education Act of 1965.

(6) (A) For purposes of title I, 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.

(B) For purposes of title II, the term "local educational agency" means a public board of education or other public authority legally

constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school, and it also includes (except for purposes of sections 203 (a) (2), 203 (b), and 205 (a) (1)) any State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by 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 builtin 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 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.

(20 U.S.C. 244) Enacted Sept. 30, 1950, P.L. 874, 81st Cong., sec. 9, 64 Stat. 1108; amended Aug. 8, 1953, P.L. 248, 83rd Cong., sec. 10, 67 Stat. 536; amended Aug. 1, 1956, P.L. 896, 84th Cong., sec. 10, 70 Stat. 909; amended Aug. 3, 1956, P.L. 949, 84th Cong., Title II, sec. 211, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 205, 72 Stat. 560; amended June 25, 1959, P.L. 86–70, sec. 18(d) (4), 73 Stat. 145; amended July 12, 1960, P.L. 86-624, sec. 14(d) (4), 74 Stat. 414; amended Oct. 16, 1964, P.L. 88-665, Title XI, sec. 1102(b), 78 Stat. 1109; redesignated as Title III, sec. 303, and amended April 11, 1965, P.L. 89-10, Title I, secs. 3(c) (1), 4(a)-(c), (d)(1), (e), 79 Stat. 35; amended Nov. 1, 1965, P.L. 89-313, sec. 6(c), 79 Stat. 1162; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 117, 80 Stat. 1198, Title II, sec. 5, 80 Stat. 1213.

LEGISLATIVE HISTORY

(P.L. 874, 81st Cong.)

House Reports No. 2287 (Committee on Education and Labor) and No. 3109 (committee on conference).

Senate Report No. 2458 (Committee on Labor and Public Welfare).

Congressional Record, 1950:

July 30: Passed House.

September 13: Passed Senate.

September 18: Senate agreed to conference report.

September 20: House agreed to conference report.

Approved: September 30, 1950

(P.L. 248, 83rd Cong.)

House Reports No. 703 (Committee on Education and Labor) and No. 1092

(committee on conference).

Senate Report 714 (Committee on Labor and Public Welfare).

Congressional Record, 1953:

July 14: Passed House.

August 1: Passed Senate.

August 3: House agreed to conference report. August 3: Senate agreed to conference report. Approved: August 8, 1953.

(P.L. 732, 83rd Cong.)

Senate Report No. 2204.
Congressional Record, 1954:

August 11: Passed Senate.
August 16: Passed House.
Approved: August 31, 1954.

(P.L. 382, 84th Cong.)

House Report No. 1441.

Congressional Record, 1955:
July 30: Passed House.
July 30: Passed Senate.

Approved: August 12, 1955.

(P.L. 949, 84th Cong.)

House Report No. 2357 (Committee on Education and Labor).
Senate Report No. 2753 (Committee on Education and Public Welfare).
Congressional Record, 1956:

July 7: Passed House.

July 23: Passed Senate with amendment.

July 25: House agreed to Senate amendment.

Approved: August 3, 1956.

(P.L. 85-620)

House Report No. 1532 (Committee on Education and Labor).

Senate Report No. 1929 (Committee on Labor and Public Welfare).
Congressional Record, 1958:

April 23: Passed House.

July 28: Passed Senate with amendment.

July 29: House concurs in Senate amendment.

Approved: August 12, 1958.

(P.L. 86-70)

House Report No. 369 (Committee on Interior and Insular Affairs).
Senate Report No. 331 (Committee on Interior and Insular Affairs).
Congressional Record (1959):

June 1: Passed House.

June 3: Passed Senate.

June 11: House agreed to Senate amendment with amendment.
June 12: Senate agreed to House amendment.

Approved: June 25, 1959.

(P.L. 86-449)

House Report No. 956 (Committee on Judiciary).

Senate Report No. 1241 (Committee on Judiciary).
Congressional Record (1960):

March 24: Passed House.

April 8: Passed Senate.

Approved: May 6, 1960.

(P.L. 87-344)

Senate Report No. 743 (Committee on Labor and Public Welfare).

Congressional Record (1961):

September 6: Committee discharged, rules suspended, and passed House.
September 12: Passed Senate.

Approved: October 3, 1961.

(P.L. 88-210)

House Reports No. 393 (Committee on Education and Labor); No. 1025 (committee of conference).

Senate Report 533 (Committee on Labor and Public Welfare).

Congressional Record (1963):

August 6: Passed House.

October 8: Passed Senate.

December 12: House agreed to conference report.

December 13: Senate agreed to conference report.

Approved: December 18, 1963.

(P.L. 88-665)

Senate Report No. 1275 (Committee on Labor and Public Welfare).
House Report No. 1916 (committee of conference).

Congressional Record (1964):

August 1: Passed Senate.

August 14: Passed House.

October 1: House agreed to conference report.

October 2: Senate agreed to conference report.

Approved: October 16, 1964.

· (P.L. 89–10)

House Report 143 (Committee on Education and Labor).
Senate Report 146 (Committee on Labor and Public Welfare).
Congressional Record, volume 111 (1965):

March 24-25: Considered in House.

March 26: Considered and passed House.

April 6-8: Considered in Senate.

April 9: Considered and passed Senate.

Approved: April 11, 1965.

(P.L. 89-77)

House Report 164 (Committee on Education and Labor).

Senate Report 311 (Committee on Labor and Public Welfare).
Congressional Record, volume 111 (1965):

March 15: Considered and passed House.

June 11: Considered and passed Senate.

July 6: House concurred in Senate amendments.

Approved: July 21, 1965.

(P.L. 89-313)

House Report No. 587 (Committee on Education and Labor).

Senate Report No. 783 (Committee on Labor and Public Welfare).

Congressional Record, (1965):

August 30: Considered and passed House.

October 1: Considered and passed Senate, amended.

October 13: House concurred in Senate amendments with an amendment.
October 15: Senate concurred in House amendment.

Approved: November 1, 1965.

(P.L. 89-750)

House Reports: No. 1814, 1814 pt. II (Committee on Education and Labor), and No. 2309 (committee of conference).

Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare).

Congressional Record, volume 112 (1966) :

October 5: Considered in House.

October 6: Considered and passed House.

October 5, 6: S. 3046 considered and passed Senate.

October 7: Considered and passed Senate, amended, in lieu of S. 3046.
October 19: Senate agreed to conference report.

October 20: House agreed to conference report.

Approved: November 3, 1966.

School Construction in Areas Affected by Federal Activities

(P.L. 815, 81st Congress)

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 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.

(20 U.S.C. 631) Similar provision enacted Aug. 8, 1953, P.L. 246, 83rd Cong., sec. 1, 67 Stat. 522 as Title III, sec. 301, P.L. 815, 1st Cong. Enacted Aug. 12, 1958, P.L. 85-620, Title I, sec. 10, 72 Stat. 548, as sec. 1, P.L. 815, 81st Cong.

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.

(20 U.S.C. 632) Similar provision enacted Aug. 8, 1953, P.L. 246, 83rd Cong., sec. 1, 67 Stat. 522 as Title III, sec. 302, P.L. 815, 81st Cong. Enacted Aug. 12, 1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 548, as sec. 2, P.L. 815, 81st Cong.

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, 1967. 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.

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