to occur, minus any reduction in current expenditures for such year which the Commissioner determines that such agency has effected, or reasonably should have effected, by reason of such decrease in or cessation of Federal activities or the failure of such activities to occur.

(e) Consultation with State and local authorities.

All determinations of the Commissioner under this section shall be made only after consultation with the State educational agency and the local educational agency. (Sept. 30, 1950, ch. 1124, § 4, 64 Stat. 1104; Aug. 8, 1953, ch. 402, §§ 3-5, 67 Stat. 552; Aug. 12, 1955, ch. 868, §§ 1, 2, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §§ 207, 208, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 203, 72 Stat. 560; Oct. 3, 1961, Pub. L. 87-344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, § 32, 77 Stat. 419; Oct. 16, 1964, Fub. L. 88-665, title XI, § 1102 (a), 78 Stat. 1109.)

1964

AMENDMENTS

Subsec. (a). Pub. L. 88-665 substituted "1966" for "1965", wherever appearing.

1963-Subsec. (a). Pub. L. 88-210 substituted "1965" for "1963", wherever appearing.

1961-Subsec. (a). Pub. L. 87-314 substituted "July 1, 1963” and “June 30, 1963" for "July 1, 1961” and “June 30, 1961", respectively.

1958 Subsec. (a). Pub. L. 85-620, § 203 (a), substituted "1961" for "1958" in two instances, and inserted "reduced by the amount of such product which is attributable to children with respect to whom such agency is, or upon application would be, entitled to receive any payment under section 238 of this title for such fiscal year" following "50 per centum of such product".

Subsec. (c). Pub. L. 85-620, § 203 (b), inserted proviso in subpar. (A) requiring the Commissioner to count for such purposes as an increase directly resulting from activities of the United States, an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property, if the local agency files its election that such increase be counted for such purposes instead of for the purposes of section 238 of this title.

1956 Subsec. (a). Act Aug. 3, 1956, § 207, substituted "1958" for "1957" in two instances, and eliminated "section 237 of" from subpar. 3 (B).

Subsec. (c). Act Aug. 3, 1956, § 208, inserted par. (A), that children for whom a local educational agency could receive payment under section 238 may not be counted, designated existing provisions as par. (B), and eliminated therefrom the words "but shall count as an increase directly resulting from activities of the United States an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property".

1955 Subsec. (a). Act Aug. 12, 1955, extended the duration date until July 1, 1957, and authorized pavments to schools where the increase in the number of children in average daily attendance in any fiscal year is equal to five percent of the nonfederally connected children.

1953 Subsec. (a). Act Aug. 8, 1953, § 3, extended the duration date until July 1, 1956, imposed as an eligibility condition a 5 percent increase over the preceding year's school attendance, provided that the increase must be a "direct" result of Federal activities, limited payments on the basis of an increase to a two-year period, permitted deductions of payments made under section 238 of this title, based the determination of amount of payment on expenditures in "generally comparable" rather than "most nearly comparable" districts, and provided that the requirement as to minimum number of children might be based on estimates.

Subsec. (c). Act. Aug. 8, 1953, § 4, eliminated the reference to children with respect to whom a local educational agency was entitled to receive payment

under section 238 of this title, and added the provi

sion that an increase in children who reside on Federal property or with a parent employed on Federal property shall be counted as an increase directly resulting from activities of the United States.

Subsec. (d). Act Aug. 8, 1953, § 5, removed the special requirements for larger cities and provided for additional payments in certain cases where the Federal increase was less than expected.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section by Pub. L. 88-210 effective July 1, 1963, see section 33 of Pub. L. 88-210, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of section 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

Amendment of this section by Pub. L. 85-620 effective for the period beginning July 1, 1958, see note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment of subsec. (a) and (c) of this section by act Aug. 3, 1956, effective July 1, 1956, see note under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

For effective date of amendments to this section by act Aug. 8, 1953, see note under section 237 of this title. § 240. Method of making payments.

(a) Application.

No local educational agency shall be entitled to any payment under sections 237, 238, or 239 of this title for any fiscal year except upon application therefor, submitted through the State educational agency and filed in accordance with regulations of the Commissioner, which application gives adequate assurance that the local educational agency will submit such reports as the Commissioner may reasonably require to determine the amount to which such agency is entitled under this chapter. (b) Payment.

The Commissioner shall, subject to the provisions of subsection (c) of this section, from time to time pay to each local educational agency, in advance or otherwise, the amount which he estimates such agency is entitled to receive under this chapter. Such estimates shall take into account the extent (if any) to which any previous estimate of the amount to be paid such agency under this chapter (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. Such payments shall be made through the disbursing facilities of the Department of the Treasury and prior to audit or settlement by the General Accounting Office.

(c) Adjustments where necessitated by appropriations. If the funds appropriated for a fiscal year for making the payments provided in this chapter are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies will be entitled to receive under this chapter for such year, the Commissioner shall, subject to any limitation contained in the chapter appropriating such funds, allocate such funds, other than so much thereof as he estimates to be required for section 241 of this title, among sections 237, 238, and 239 (a) of this title in the proportion that the amount he estimates to be required under each of such sections 237, 238, and 239 (a) of this title bears

to the total estimated to be required under all such sections. The amount thus allocated to any of such sections 237, 238, and 239 (a) of this title shall be available for payment of a percentage of the amount to which each local educational agency is entitled under such section (including, in the case of section 238 of this title, any increases under subsection (c) (4) of section 238 of this title), such percentage to be equal to the percentage which the amount thus allocated to such section 238 of this title is of the amount to which all such agencies are entitled under such section. In case the amount so allocated to a section for a fiscal year exceeds the total to which all local educational agencies are entitled under such section for such year or in case additional funds become available for carrying out such sections, the excess, or such additional funds, as the case may be, shall be allocated by the Commissioner, among the sections for which the previous allocations are inadequate, on the same basis as is provided above for the initial allocation. (Sept. 30, 1950, ch. 1124, § 5, 64 Stat. 1106; Aug. 8, 1953, ch. 402, §§ 6, 7, 67 Stat. 534; Aug. 3, 1956, ch. 915, title II, § 209, 70 Stat. 972.)

AMENDMENTS

1956 Subsec. (c). Act Aug. 3, 1956, substituted "subsection (c) (4)" for "subsection (c) (2)" before words "of section 238".

1953 Subsec. (b). Act Aug. 8, 1953, § 6, authorized payments to be made from time to time rather than on a quarterly basis, specifically provided that adjustments can be made for prior erroneous payments whether in the same fiscal year or not, and eliminated the requirement of certification by the Commissioner to the Secretary of the Treasury of the amounts to be paid.

Subsec. (c). Act Aug. 8, 1953, § 7, provided for proportionate allocation of the appropriations available among sections 237, 238, and 239 (a) of this title.

EFFECTIVE Date of 1956 AMENDMENT

Amendment of subsec. (c) of this section by act Aug. 3, 1956, effective July 1, 1956, see note under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

For effective date of amendments to this section by act Aug. 8, 1953, see note under section 237 of this title. § 241. Education of children where local agencies cannot supply facilities.

(a) Necessary arrangements by Commissioner; standard of education.

In the case of children who reside on Federal property

(1) if no tax revenues of the State or any political subdivision thereof may be expended for the free public education of such children; or

(2) if it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children,

the Commissioner shall make such arrangements (other than arrangements with respect to the acquisition of land, the erection of facilities, interest, or debt service) as may be necessary to provide free public education for such children. Such arrangements to provide free public education may also be made for children of members of the Armed Forces on active duty, if the schools in which free public education is usually provided for such children are

made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children. To the maximum extent practicable, the local educational agency, or the head of the Federal department or agency, with which any arrangement is made under this section, shall take such action as may be necessary to ensure that the education provided pursuant to such arrangement is comparable to free public education provided for children in comparable communities in the State, or, in the case of education provided under this section outside the continental United States, Alaska, and Hawaii, comparable to free public education provided for children in the District of Columbia. For the purpose of providing such comparable education, personnel may be employed without regard to the civil-service or classification laws. In any case where education was being provided on January 1, 1955, or thereafter under an arrangement made under this subsection for children residing on an Army, Navy (including the Marine Corps), or Air Force installation, it shall be presumed, for the purposes of this subsection, that no local educational agency is able to provide suitable free public education for the children residing on such installation, until the Commissioner and the Secretary of the military department concerned jointly determine, after consultation with the appropriate State educational agency, that a local educational agency is able to do so.

(b) Education of children in adjacent areas.

In any case in which the Commissioner makes such arrangements for the provision of free public education in facilities situated on Federal property, he may also make arrangements for providing free public education in such facilities for children residing in any area adjacent to such property with a parent who, during some portion of the fiscal year in which such education is provided, was employed on such property, but only if the Commissioner determines after consultation with the appropriate State educational agency (1) that the provision of such education is appropriate to carry out the purposes of this chapter, (2) that no local educational agency is able to provide suitable free public education for such children, and (3) in any case where in the judgment of the Commissioner the need for the provision of such education will not be temporary in duration, that the local educational agency of the school district in which such children reside, or the State educational agency, or both, will make reasonable tuition payments to the Commissioner for the education of such children. Such payments may be made either directly or through deductions from amounts to which the local educational agency is entitled under this chapter, or both, as may be agreed upon between such agency and the Commissioner. Any amounts paid to the Commissioner by a State or local educational agency pursuant to this section shall be covered into the Treasury as miscellaneous receipts.

(c) Education of children whose parents are employed in certain Territories and Possessions.

In any case in which the Commissioner makes arrangements under this section for the provision of free public education in facilities situated on Federal property in Puerto Rico, Wake Island, Guam, or the Virgin Islands, he may also make arrangements for providing free public education in such facilities for children residing with a parent employed by the United States, but only if the Commissioner determines after consultation with the appropriate State educational agency (1) that the provision of such education is appropriate to carry out the purposes of this chapter, and (2) that no local educational agency is able to provide suitable free public education for such children.

(d) Restrictions on making arrangements.

The Commissioner may make an arrangement under this section only with a local educational agency or with the head of a Federal department or agency administering Federal property on which children reside who are to be provided education pursuant to such arrangement or, in the case of children to whom the second sentence of subsection (a) of this section applies, with the head of any Federal department or agency having jurisdiction over the parents of some or all of such children. Except where the Commissioner makes arrangements pursuant to the second sentence of subsection (a) of this section, arrangements may be made under this section only for the provision of education in facilities of a local educational agency or in facilities situated on Federal property.

(e) Limit on payments.

To the maximum extent practicable, the Commissioner shall limit the total payments made pursuant to any such arrangement for educating children within the continental United States, Alaska, or Hawaii, to an amount per pupil which will not exceed the per pupil cost of free public education provided for children in comparable communities in the State. The Commissioner shall limit the total payments made pursuant to any such arrangement for educating children outside the continental United States, Alaska, or Hawaii, to an amount per pupil which will not exceed the amount he determines to be necessary to provide education comparable to the free public education provided for children in the District of Columbia.

(f) Restriction on operation of schools by Commissioner.

In the administration of this section, the Commissioner shall not exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system. (Sept. 30, 1950, ch. 1124, § 6, 64 Stat. 1107; Aug. 8, 1953, ch. 402, § 8, 67 Stat. 535; Aug. 1, 1955, ch. 446, 69 Stat. 433; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; May 6, 1960, Pub. L. 86-449, title V, § 501, 74 Stat. 89.)

REFERENCES IN TEXT

The civil-service and classification laws, referred to in subsec. (a), are classified generally to Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1960 Subsec. (a). Pub L. 86-449, § 501(a), authorized arrangements to provide free public education to be made in cases where schools are made unavailable as a result of official action by State or local governmental authority, and the Commissioner determines that no local educational agency is able to provide suitable free public education.

Subsec. (d). Pub. L. 86-449, § 501 (b), empowered the Commissioner to make arrangements with the head of any Federal department or agency having jurisdictior over the parents of some or all of the children to whom the second sentence of subsec. (a) of this section applies, and substituted "Except where the Commissioner makes arrangements pursuant to the second sentence of subsection (a) of this section, arrangements" for "Arrangements."

1956 Subsec. (c).

Act Aug. 1, 1956, added the word "Guam," following the words "Wake Island,".

1955 Subsec. (a). Act Aug. 1, 1955, required the Commissioner and the Secretary of the military department concerned to jointly determine that a local educational agency is able to provide suitable free public education.

1953-Act. Aug. 8, 1953, redesignated all the former section as subsec. (a), added to said subsec. (a) as redesignated, requirement that education of children of Federal personnel in certain territories be comparable to that in the District of Columbia and added subsecs. (b)—(f). EFFECTIVE DATE OF 1953 AMENDMENT

For effective date of amendments to this section by act Aug. 8, 1953, see note under section 237 of this title. DEPENDENTS OF COAST GUARD PERSONNEL

Pub. L. 88-392, title I, § 101, Aug. 1, 1964, 78 Stat. 369, after appropriating $249,000,000 for operating expenses of the Coast Guard for the fiscal year 1965, and merging unobligated balances of prior appropriations thereto, provided in part that: "Except as otherwise authorized by the Act of September 30, 1950 [sections 236-244 of this title], this appropriation shall be available for expenses of primary and secondary schooling for dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and the Coast Guard may provide for the transportation of said dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation."

Similar provisions were contained in acts June 18, 1953. ch. 132, title I, § 101, 67 Stat. 69; May 28, 1954, ch. 242, title I. § 101, 68 Stat. 146; June 1, 1955, ch. 113, title I, § 101, €9 Stat. 74; Apr. 2, 1956, ch. 161, title I, § 101, 70 Stat. 94; May 27, 1957, Pub. L. 85-37, title I, § 101, 71 Stat. 37; Mar. 28, 1958, Pub. L. 85-354, title I, § 101, 72 Stat. 63; June 11, 1959, Pub. L. 86-39, title I, § 101, 73 Stat. 67; June 30, 1960, Pub. L. 86-561, title I, § 101, 74 Stat. 285; Aug. 21, 1961, Pub. L. 87-159, title I, § 101, 75 Stat. 395; Aug. 6, 1962, Pub. L. 87-575, title I, § 101, 76 Stat. 311; June 13, 1963, Pub. L. 88-39, title I, § 101, 77 Stat. 59.

§ 242. Supervision over schools; rules and regulations; reports.

(a) In the administration of this chapter, no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system of any local or State educational agency.

(b) The Commissioner shall administer this chapter, and he may make such regulations and perform such other functions as he finds necessary to carry out the provisions of this chapter.

(c) The Commissioner shall include in his annual report to the Congress a full report of the administration of his functions under this chapter, inciud

ing a detailed statement of receipts and disbursements. (Sept. 30, 1950, ch. 1124, § 7, 64 Stat. 1107.) COMPREHENSIVE STUDY

Section 1103 of Pub. L. 88-665, title XI, Oct. 16, 1964, 78 Stat. 1109, provided that: The Commissioner of Education shall submit to the Secretary of Health, Education, and Welfare for transmission to the Congress on or before June 30, 1965, a full report of the operation of Public Laws 815 and 874 [chapter 19 of this title and this chapter], as extended by this Act [amending sections 237-239, 633, 644, and 645 of this title], and his recommendations as to what amendments to such laws should be made if they are further extended.

§ 243. Utilization of other Federal agencies; transfer and availability of appropriations.

(a) In carrying out his functions under this chapter, the Commissioner is authorized, pursuant to proper agreement with any other Federal department or agency, to utilize the services and facilities of such department or agency, and, when he deems it necessary or appropriate, to delegate to any officer or employee thereof the function under section 241 of this title of making arrangements for providing free public education. Payment to cover the cost of such utilization or of carrying out such delegated function shall be made either in advance or by way of reimbursement, as may be provided in such agreement. The Commissioner is authorized to delegate to any officer or employee of the Office of Education any of his functions under this chapter except the making of regulations.

(b) All Federal departments or agencies administering Federal property on which children reside, and all such departments or agencies principally responsible for Federal activities which may occasion assistance under this chapter, shall to the maximum extent practicable comply with requests of the Commissioner for information he may require in carrying out the purposes of this chapter.

(c) Such portion of the appropriations of any other department or agency for the fiscal year ending June 30, 1951, as the Director of the Bureau of the Budget determines to be available for the same purposes as this chapter, shall, except to the extent necessary to carry out during such year contracts made prior to September 30, 1950, be transferred to the Commissioner for use by him in carrying out such purposes.

(d) No appropriation to any department or agency of the United States, other than an appropriation to carry out this chapter, shall be available for the employment of teaching personnel for the provision of free public education for children in any State or for payments to any local educational agency (directly or through the State educational agency) for free public education for children, except that nothing in the foregoing provisions of this subsection shall affect the availability of appropriations for the maintenance and operation of school facilities (1) on Federal property under the control of the Atomic Energy Commission or (2) by the Bureau of Indian Affairs, or the availibility of appropriations for the making of payments directed to be made by section 2391 of Title 42, or the availability of appropriations under sections 452-455 of Title 25. (Sept. 30, 1950, ch. 1124, § 8, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 9, 67 Stat. 536; Aug. 4,

1955 Subsec. (d). Act Aug. 4, 1955, excluded appropriations for the making of payments directed to be made by section 2391 of Title 42. Act Aug. 12, 1955, extended the duration of subsec. (d) until June 30, 1957.

1953 Subsec. (a). Act Aug. 8, 1953, § 9 (a), authorized the Commissioner to delegate all his functions under this chapter, except the making of regulations.

Subsec. (d). Act Aug. 8, 1953, § 9(b), extended its duration for two years until June 30, 1956, limited restriction on appropriations to use of funds for employment of teaching personnel and excluded funds handled by the Bureau of Indian Affairs.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of this section by Pub. L. 85-620 effective for the period beginning July 1, 1958, see note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment of subsec. (d) of this section by act Aug. 3, 1956, effective July 1, 1956, see note under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

Section 9 of act Aug. 8, 1953, provided in part that the amendments to this section made by such section 9 shall become effective July 1, 1953.

CROSS REFERENCES

Atomic Energy Commission, see section 2031 et seq. of Title 42, The Public Health and Welfare. Bureau of Indian Affairs, see chapter 1 of Title 25, Indians.

§ 244. Definitions.

For the purposes of this chapter

(1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes real property which is 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. Such term also includes (A) except for purposes of section 241 of this title, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any housing property considered prior to such sale or transfer to be Federal property for the purposes of this chapter, and (C) any school which is providing flight training to members of the Air Force under contractual

arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Notwithstanding the foregoing provisions of this paragraph, such term does not include (A) any real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated, (B) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers, or (C) any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services, or (D) 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, the Act of June 28, 1940 (Public Law 671 of the Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts.

(2) The term "child" means any child who is within the age limits for which the applicable State provides free public education.

(3) The term "parent" includes a legal guardian or other person standing in loco parentis.

(4) The term "free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State.

(5) The term "current expenditures" means expenditures for free public education to the extent that such expenditures are made from current revenues, except that such term does not include any such expenditure for the acquisition of land, the erection of facilities, interest, or debt service. (6) 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.

(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, or the Virgin Islands.

(9) The terms "Commissioner of Education" and "Commissioner" means 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 chapter, 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 chapter the attendance of such child at such

1 So in original.

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. (Sept. 30, 1950, ch. 1124, § 9, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86-70, § 18 (d) (4), 73 Stat. 145; July 12, 1960, Pub. L. 86-624, § 14 (d) (4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102 (b), 78 Stat. 1109.) REFERENCES IN TEXT

Title II of the National Industrial Recovery Act, referred to in subd. (1), was formerly classified to sections 401-411 of Title 40, Public Buildings, Property and Works, but terminated on June 30, 1943, by the provision of act June 27, 1943, ch. 450, § 101, 56 Stat. 410. Section 221 of such title II is classified to section 607 of Title 7, Agriculture.

The Emergency Relief Appropriation Act of 1935, referred to in subd. (1), was the act of Apr. 8, 1935, ch. 48, 49 Stat. 115, and was not classified to the Code.

The United States Housing Act of 1937, referred to in subd. (1), is classified to chapter 8 and section 1585 of Title 42, The Public Health and Welfare and to section 1884 of Title 50 Appendix, War and National Defense.

The act of June 28, 1940 (Public Law 671 of the Seventysixth Congress), referred to in subd. (1), is act June 28, 1940, ch. 440, 54 Stat. 676, which is classified to section 40 of Title 41, Public Contracts, and sections 1501-1505 of Title 42, The Public Health and Welfare, and was formerly classified to section 1262a of Title 10, Army and Air Force and section 546e of former Title 34, Navy (both repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 and covered by section 7307 of Title 10, Armed Forces) and sections 1151-1162 of Appendix to Title 50, War and National Defense (for termination of which see notes set out under former sections).

AMENDMENTS

1964-Subd. (8). Pub. L. 88-665 inserted "the District of Columbia," after "Guam,".

1960-Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico" in par. (8).

1959-Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii" in par. (8).

1958 Par. (1). Pub. L. 85-620, § 205 (a), (b), inserted "except for purposes of section 241 of this title," preceding "real property held in trust”, substituted "provisions of services or benefits to the local area" or "provision of services to the local area", and added provisions excluding from the definition of "Federal property" any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services.

Par. (2). Pub. L. 85-620, § 205 (c), eliminated provisions excluding from the definition of "child" any child who is a member, or the dependent of a member, of any Indian tribal organization and who is eligible for education services provided pursuant to a capital grant of the United States, or under the supervision of, or pursuant to a contract or other arrangement with, the Bureau of Indian Affairs.

1956-Act Aug. 3, 1956, inserted in third sentence of par. (1), "(A)" after "such term includes" and inserted subpar. "(B)" relating to housing property considered Federal property prior to its sale or transfer, and subpar. “(C)" relating to schools providing training for Air Force members.

Subd. (8). Act Aug. 1, 1956, added the word "Guam," following the words "Wake Island,".

1953-Act Aug. 8, 1953, extended the definition of "Federal property" to any real property owned by the United States and leased to someone else even though