714
PUBLIC LAW 382-AUG. 12, 1955
[69 S T A T,
to a local educational agency either before or after the enactment of this Act. DATE FOR DETERMINING " U N H O U S E D " CHILDREN
20 u^c 294^.'
SEC. 5. (a) Section 304 of such Act is amended, effective December 1, 1954, by striking out "the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (A) are built or under contract as 20 USC 293. of the date set by the Commissioner under section 303 for filing applications for payments from the funds out of which such Federal share is to be paid" and inserting the following: "the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (A) are built or under contract as of the earliest date set by the Commissioner under section 303, on or before which the application for such project is filed". 20 USC 294. (b) Such section is further amended by inserting " (a) " after "SEC. 304." and by adding at the end of section the following new subsection: " (b)(1) Where a local educational agency filed an application for payments under this title on or before November 24, 1953, and after that date entered into any construction contract which had the effect of diminishing or eliminating payments to such agency on the basis of the application, the Commissioner shall pay to such agency, out of funds appropriated pursuant to this subsection, an amount equal to the difference between the amount, if any, reserved on the basis of the application and the amount which would have been reserved on the basis of the application out of funds appropriated by the Supple67 Stat. 424. mental Appropriation Act, 1954, if such funds had been sufficient to permit payments without establishing priorities under section 303. "(2) Payments under this subsection shall be made upon request of the local educational agency involved, filed with the Commissioner within ninety days after the date on which funds are appropriated to make such payments. Except as provided in paragraph (3), such payments shall be made in a lump sum, and shall be made upon condition that the funds paid shall be used solely to finance the construction of school facilities for such agency (including the payment of obligations incurred with respect to school facilities constructed before the enactment of this subsection). "(3) If, as of the date on which funds are appropriated to make payments under this subsection, any agency to which this subsection applies has not provided minimum school facilities (determined by reference to those facilities which, as of such date, are built or under contract, or are included in a project the application for which has been approved under this title) for the estimated number of children who will be in the membership of its schools at the close of the regular school year 1955-1956, its request shall set forth one or more projects for the construction of minimum school facilities for such children, and with respect to such projects shall meet the requirements of section 20 USC 275. 205 (b)(1). If, and only if, the projects included in its request and approved for payment will provide minimum school facilities for the number of children for whom such facilities have not been provided, as determined under the preceding sentence, the balance, if any, of the amount payable to such agency under this subsection shall be paid to it in accordance with paragraph (2). Upon approval of the request, payments with respect to each project included in the 20use 297,296. request shall be made under section 307 as if an application for such project had been approved under section 306."
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