such agency will be available to such children on the same terms, in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district. In no event shall the reimbursement payment under this subsection exceed the amount expended from local sources since June 30, 1939, for the construction of the school facilities of the local educational agency.

(2) The Commissioner shall approve any application of a local educational agency if he finds that the requirements of paragraph (1) of this subsection have been met.

(d) No application under this subchapter shall be disapproved in whole or in part until the Commissioner of Education has afforded the local educational agency reasonable notice and opportunity for hearing. (Sept. 23, 1950, ch. 995, title II, § 205, 64 Stat. 972.)

§ 276. Certification and payment of funds.

(a) Upon approving the application of any local educational agency under section 275 (b) of this title, the Commissioner of Education shall certify to the Secretary of the Treasury for payment to such agency an amount equal to 10 per centum of the Federal share of the cost of the project. After final drawings and specifications have been approved by the Commissioner of Education and the construction contract has been entered into, the Commissioner shall certify to the Secretary of the Treasury for payment to such agency, in accordance with regulations prescribed by him and at such times and in such installments as may be reasonable, the remainder of the Federal share of the cost of the project.

(b) Upon approving the application of any local educational agency under section 275 (c) of this title, the Commissioner of Education shall certify to the Secretary of the Treasury for payment to such agency an amount equal to the maximum amount which such agency is entitled to receive under section 272 of this title less any amount which such agency has received or will receive under subsection (a) of this section.

(c) For each fiscal year the Commissioner of Education shall determine the portion of the funds appropriated to carry out the purposes of this subchapter which shall be available for carrying out the provisions of sections 273 and 274 of this title. The remainder of such funds shall be available for making payments to local educational agencies for which applications have been approved under subsections (b) and (c) of section 275 of this title.

(d) If the Commissioner of Education determines for any fiscal year that the funds which will be available therefor may not be sufficient to pay in full the amounts which all local educational agencies would otherwise be entitled to receive under applications approved under this subchapter before the end of such year, he shall by regulations prescribe (1) a date or dates before which all applications for payments out of such funds shall be filed, and (2) the order in which the certifications required by subsections (a) and (b) of this section will

be made. The order so prescribed shall be based on relative urgency of need and shall give applications under section 275 (b) of this title priority over applications under section 275 (c) of this title.

(e) The Secretary of the Treasury shall pay to each local educational agency in accordance with the certification of the Commissioner. Any funds paid to a local educational agency and not expended for the purposes for which paid shall be repaid to the Treasury of the United States. (Sept. 23, 1950, ch. 995, title II, § 206, 64 Stat. 913.)

§ 277. Withholding of certification; judicial review. (a) Whenever the Commissioner of Education, after reasonable notice and opportunity for hearing to a local educational agency, finds (1) that there is a substantial failure to comply with the drawings and specifications for the project, (2) that any funds paid to a local educational agency under this subchapter have been diverted from the purposes for which paid, or (3) that any assurance given in an application is not being or cannot be carried out, the Commissioner may forthwith notify the Secretary of the Treasury and such agency that no further certification will be made under this subchapter with respect to such agency until there is no longer any failure to comply or the diversion or default has been corrected or, if compliance or correction is impossible, until such agency repays or arranges for the repayment of Federal moneys which have been diverted or improperly expended.

(b) The final refusal of the Commissioner to approve part or all of any application under this subchapter, and the Commissioner's final action under subsection (a) of this section, shall be subject to judicial review on the record, in the United States Court of Appeals for the circuit in which the local educational agency is located, in accordance with the provisions of the Administrative Procedure Act. (Sept. 23, 150, ch. 995, title II, § 207, 64 Stat. 974.)

REFERENCES IN TEXT

The Administrative Procedure Act referred to in the text of subsection (b) is classified to sections 1001-1011 of Title 5, Executive Departments and Government Officers and Employees.

§ 278. Administration of chapter; supervision of schools; regulations; reports; prevailing wage provisions.

(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 of Education 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, including a detailed statement of receipts and disbursements.

(d) With respect to compliance with and enforcement of the prevailing wage provisions of section

275 (b) (1) (E) of this title, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by the agencies administering such provisions, and shall cause to be made by the Department of Labor such investigations as he deems desirable. (Sept. 23, 1950, ch. 995, title II, § 208, 64 Stat. 975.)

§ 279. Use of other Federal agencies; transfer and availability of appropriations; additional grants for non-Federal share.

(a) In carrying out his functions under this subchapter, the Commissioner of Education may utilize the facilities and services of any Federal department or agency and may delegate the performance of any of his functions to any officer or employee of any Federal department or agency. The Commissioner of Education shall exercise the authority contained in the preceding sentence whenever such exercise will avoid the creation within the Office of Education of a staff and facilities which duplicate existing available staffs and facilities. Any such utilization or delegation shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.

(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 give rise to a need for the construction of school facilities, shall to the maximum extent practicable comply with requests of the Commissioner for information he may require in carrying out the purposes of this subchapter.

(c) There are authorized to be appropriated for the fiscal year ending June 30, 1951, and for each of the two succeeding fiscal years, such sums as may be necessary to carry out the provisions of this subchapter, including the administration thereof. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended. Not to exceed 10 per centum of the amount so appropriated for any fiscal year (exclusive of any sums appropriated for administration) may be used by the Commissioner, under regulations prescribed by him, to make grants to local educational agencies eligible for payments under section 272 of this title, where (1) the application of such agencies would be approved under section 275 (b) of this title but for the agencies' inability, unless aided by such grants, to finance the non-Federal share of the cost of the projects set forth in their applications, or (2) although the applications of such agencies have been approved, the projects covered by such applications could not, without such grants, be completed, because of flood, fire, or similar emergency affecting either the work on the projects or the agencies' ability to finance the non-Federal share of the cost of the projects. Such grants shall be in addition to the payments otherwise provided under this subchapter, shall be made to those local

educational agencies whose need for additional aid is the most urgent and acute, and insofar as practicable shall be made in the same manner and upon the same terms and conditions as such other payments.

(d) 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 subchapter, shall, except to the extent necessary to carry out during such year contracts made prior to September 23, 1950, be transferred to the Commissioner for use by him in carrying out such purposes.

(e) No appropriation to any department o agency of the United States, other than an appro priation to carry out this subchapter, shall be avail able during the period beginning July 1, 1951, an ending June 30, 1953, for the same purpose as thi subchapter; except that nothing in this subsectio or in subsection (d) of this section shall affect th availability during such period of appropriations (1 for the construction of school facilities on Federa property under the control of the Atomic Energ Commission, (2) for the construction of school fa cilities which are to be Federally operated for India children, or (3) for the construction of school facil ties under the Alaska Public Works Act, approve August 24, 1949. (Sept. 23, 1950, ch. 995, title I § 209, 64 Stat. 975.)

REFERENCES IN TEXT

The Alaska Public Works Act, referred to in the text subsection (e), is classified to sections 486-486] of Tit 48, Territories and Insular Possessions.

§ 280. Definitions.

For the purposes of this chapter

(1) The term "Federal property" means re property which is owned by the United States or leased by the United States, and which is not subje to taxation by any State or any political subdivisi of a State or by the District of Columbia. Su term includes real property leased from the Sec tary of the Army, Navy, or Air Force under secti 1748d of Title 12, for the purpose of sections 174 1748g of Title 12. Such term also includes r property held in trust by the United States for i dividual Indians or Indian tribes, and real prope held by individual Indians or Indian tribes which subject to restrictions on alienation imposed by United States. Such term does not include (A) ¿ real property used by the United States primai for the provision of services to the local area which such property is situated, (B) any real pri erty used for a labor supply center, labor home labor camp for migratory farm workers, or (C) low-rent housing project held under title II of National Industrial Recovery Act, the Emerge Relief Appropriation Act of 1935, the United St Housing Act of 1937, the Act of June 28, 1940 (Pu Law 671 of the Seventy-sixth Congress), or any amendatory of or supplementary to any of Acts.

cal

the Bus

(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 and under public supervision and direction, and which is provided as elementary or secondary school education in the applicable State.

(5) Average daily attendance shall be determined in accordance with State law; except that, notwithstanding any other provision of this subchapter, 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 subchapter the attendance of such child shall be held and considered

(A) if the two local educational agencies concerned so agree, and if such agreement is approved by the Commissioner, as attendance at a school of the local educational agency receiving such tuition payment;

(B) in the absence of any such approved agreement, as attendance at a school of the local educational agency so making or contracting to make such tuition payment.

In any determination of average daily attendance, children who are not provided free public education (as defined in paragraph (4)) shall not be counted.

(6) The term "current fiscal year" means (A) with respect to an application approved before July 1, 1951, the fiscal year ending June 30, 1951, and (B) with respect to an application approved after June 30, 1951, the fiscal year ending June 30, 1952.

(7) The average per pupil cost of constructing omplete school facilities in the State in which the chool district of a local educational agency is situced shall be determined by the Commissioner of ducation on the basis of contracts entered into ring the fiscal year preceding the fiscal year in ich the application is approved. If the Comssioner finds that the information available for State concerned for such preceding fiscal year nadequate or not sufficiently representative, he 1 determine such cost on the basis of such inforion as he has available and after consultation the State educational agency.

Estimates of average daily attendance during rent fiscal year, and all other determinations respect to eligibility and maximum amount of ent, shall be made as of the time of the apof the application for which made, and shall de on the basis of the best information availt the time of such approval.

The terms "construct", "constructing", and ruction” include the preparation of drawings pecifications for school facilities; erecting, ng, acquiring, altering, remodeling, improving, ending school facilities; and the inspection

and supervision of the construction of school facilities.

(10) The term "school facilities" includes classrooms and related facilities; and initial equipment, machinery, and utilities necessary or appropriate for school purposes. Such term does not include athletic stadia, or structures or facilities intended primarily for athletic exhibitions, contests, or games or other events for which admission is to be charged to the general public. Except as used in sections 273 and 274 of this title, such term does not include interests in land and off-site improvements.

(11) School facilities shall be deemed adequate for a given number of children if, under applicable State standards, they are adequate for the fulltime education of such number of children.

(12) 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.

(13) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(14) The term "State" means a State, Alaska, Hawaii, Puerto Rico, or the Virgin Islands; except that for the purposes of subchapter I of this chapter the term includes, in addition, the District of Columbia.

(15) The terms "Commissioner of Education" and "Commissioner" mean the United States Commissioner of Education.

(16) For the purposes of subchapter I of this chapter, the term "school-age population" means that part of the population which is between the ages of five and seventeen, both inclusive, and the school-age population of the several States shall be determined on the basis of the most recent estimates certified by the Department of Commerce; and for such purposes the term "school" means any elementary or secondary school which is taxsupported and publicly administered. (Sept. 23, 1950, ch. 995, title II, § 210, 64 Stat. 976.)

REFERENCES IN TEXT

The acts referred to in subsec. (1) of this section are classified as follows:

Title II of National Industrial Recovery Act: Sections 401-410 of Title 40, Public Buildings, Property, and Works, section 607 of Title 7, Agriculture, and section 9b of Title 23, Highways.

Emergency Relief Appropriation Act of 1935, act Apr. 8, 1935, ch. 48, 49 Stat. 115, is not included in the Code; see note under sections 721-728 of Title 15, Commerce and Trade.

United States Housing Act of 1937: Sections 1401-1430 of Title 42, The Public Health and Welfare.

Act June 28, 1940, ch. 440, 54 Stat. 676: Sections 15011505 of Title 42, The Public Health and Welfare, sections 1151-1162 of Appendix to Title 50, War and National Defense, section 1262a of Title 10, Army and Air Force, section 546e of Title 34, Navy, and section 40 of Title 41, Public Contracts.

16.

17.

18.

19.

20.

21.

22.

23.

24.

5.

Sea food sold in interstate commerce; examinations; fees; offenses.

Repealed.

MISCELLANEOUS PROVISIONS

Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded.

Same; penalty; jurisdiction of prosecutions.
Suspension of importation of adulterated articles.
Repealed.

Apples in interstate commerce; standard grades.
Same; branding grades on barrels.
Same; barrels misbranded.
Same; penalty for violations.

Certificate of Inspection of American food products for export; issuance upon payment of actual cost.

Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers.

Inspection of food and other products by Department of Agriculture for any branch of Government.

FEDERAL FOOD AND DRUGS ACT OF 1906 ections 1-5 and 7—15 of this title were based upon the ral Food and Drugs Act, act June 30, 1906, ch. 3915, 84 Stat. 768. Subject matter similar to said act is now ined in the Federal Food, Drug, and Cosmetic Act, une 25, 1938, ch. 675, § 1, 52 Stat. 1040, which is set a chapter 9 of this title.

tion 902 (a) of act June 25, 1938, ch. 675, 52 Stat. which repealed sections 1-5, 7-14, and 15 of this provided that the repeal of said sections should take upon the effective date of said act June 25, 1938, 1 was to take effect twelve months after the date of actment. Act June 23, 1939, ch. 242, § 2 (b), 53 Stat. ›rovided that “The provisions of such act of June 30, as amended, to the extent that they impose, or auze the imposition of, any requirement imposed by 2809

section 403 (k) of the Federal Food, Drug, and Cosmetic Act (section 343 of this title), shall remain in force until January 1, 1940."

S$ 1-5. Repealed. June 25, 1938, ch. 675, § 902 (a), 52 Stat. 1059.

Sections and 2 of this title were based upon sections 1 and 2, respectively, of act June 30, 1906, ch. 3915, 34 Stat. 768 and related to penalty for manufacture of adulterated or misbranded foods or drugs. Section 3 was based upon section 3 of said act June 30, 1906, as amended by act Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736 and related to uniform regulations for enforcement by Secretaries of the Treasury, Agriculture, and Commerce. Sections 4 and 5 of this title were based upon section 12 of said act June 30, 1906 and related to corporate liability and definitions of "territory" and "person".

For effective date of said act June 25, 1938, repealing these sections, see note at beginning of this chapter. § 6. Butter defined.

CODIFICATION

Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, is now section 321a of this title.

§§ 7-14. Repealed. June 25, 1938, ch. 675, § 902 (a), 52 Stat. 1059.

Sections 7, 8, and 9 of this title were based on sections 6, 7, and 8, respectively, of act June 30, 1906, ch. 3915, 34 Stat. 768 and related to definitions of drug, food, adulterated, and misbranded articles. Section 10 of this title was based upon section 8 of said act June 30, 1906, as amended by acts Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019 and related to definition of misbranded articles. Sections 11, 12, 13, and 14 of this title were based, respectively, upon sections 4, 5, 9, and 10 of said act June 30, 1906, and related to examination, seller's guaranty, prosecution and seizure of adulterated or misbranded articles of food, drug, or liquor. Section 11 was modified by act Jan. 18, 1927, ch. 39, 44 Stat. 1003.

For effective date of said act June 25, 1938, repealing these sections, see note at beginning of this chapter.