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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 situsted, 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, 1839, for the construction of the school facilities of the local educational agency.

2) The Commissioner shall approve any applisation 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 Commispoder of Education has afforded the local educaHoral agency reasonable notice and opportunity for hearing. (Sept. 23, 1950, ch. 995, title I, § 205,

Stat. 972.) 276. Certification and payment of funds. (2) Upon approving the application of any local ducational agency under section 275 (b) of this tle, the Commissioner of Education shall certify to he Secretary of the Treasury for payment to such gency an amount equal to 10 per centum of the deral share of the cost of the project. After final rawings and specifications have been approved by le Commissioner of Education and the construction Antract has been entered into, the Commissioner all certify to the Secretary of the Treasury for tyment to such agency, in accordance with regulatos prescribed by him and at such times and in ch installments as may be reasonable, the reainder of the Federal share of the cost of the Dject.

) Upon approving the application of any local acational agency under section 275 (c) of this le the Commissioner of Education shall certify to

Secretary of the Treasury for payment to such incy an amount equal to the maximum amount Ich such agency is entitled to receive under sec

272 of this title less any amount which such ncy has received or will receive under subsection of this section. c) For each fiscal year the Commissioner of ication shall determine the portion of the funds ropriated to carry out the purposes of this subpter which shall be available for carrying out the Pisions of sections 273 and 274 of this title. The ainder of such funds shall be available for makpayments to local educational agencies for which lications have been approved under subsections and (c) of section 275 of this title. D If the Commissioner of Education determines any fiscal year that the funds which will be lable therefor may not be sufficient to pay in the amounts which all local educational agenwould otherwise be entitled to receive under lications approved under this subchapter before end of such year, he shall by regulations prebe (1) a date or dates before which all applicaSfor payments out of such funds shall be filed, (2) the order in which the certifications red 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.) 8277. 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. 8 278. 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, includ. ing 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 educational agencies whose need for additional ai shall prescribe appropriate standards, regulations, is the most urgent and acute, and insofar as prac and procedures, which shall be observed by the ticable shall be made in the same manner and upo agencies administering such provisions, and shall the same terms and conditions as such other pay cause to be made by the Department of Labor such ments. investigations as he deems desirable. (Sept. 23, (d) Such portion of the appropriations of an 1950, ch. 995, title II, 8 208, 64 Stat. 975.)

other department or agency for the fiscal year end

ing June 30, 1951, as the Director of the Bureau 1 8 279. Use of other Federal agencies; transfer and availability of appropriations; additional grants

the Budget determines to be available for the san for non-Federal share.

purposes as this subchapter, shall, except to th (a) In carrying out his functions under this sub

extent necessary to carry out during such year col chapter, the Commissioner of Education may utilize

tracts made prior to September 23, 1950, be tran the facilities and services of any Federal department

ferred to the Commissioner for use by him in carr or agency and may delegate the performance of any

ing out such purposes. of his functions to any officer or employee of any

(e) No appropriation to any department Federal department or agency. The Commissioner agency of the United States, other than an appr of Education shall exercise the authority contained priation to carry out this subchapter, shall be avai in the preceding sentence whenever such exercise

able during the period beginning July 1, 1951, ai will avoid the creation within the Office of Educa

ending June 30, 1953, for the same purpose as th tion of a staff and facilities which duplicate existing

subchapter; except that nothing in this subsectii available staffs and facilities. Any such utilization

or in subsection (d) of this section shall affect ti or delegation shall be pursuant to proper agreement

availability during such period of appropriations ( with the Federal department or agency concerned;

for the construction of school facilities on Fedei and payment to cover the cost thereof shall be made

property under the control of the Atomic Ener

Commission, (2) for the construction of school f either in advance or by way of reimbursement, as may be provided in such agreement.

cilities which are to be Federally operated for Indi (b) All Federal departments or agencies adminis

children, or (3) for the construction of school faci tering Federal property on which children reside,

ties under the Alaska Public Works Act, approv and all such departments or agencies principally

August 24, 1949. (Sept. 23, 1950, ch. 995, title responsible for Federal activities which may give

$ 209, 64 Stat. 975.) rise to a need for the construction of school facili

REFERENCES IN TEXT ties, shall to the maximum extent practicable com

The Alaska Public Works Act, referred to in the text

subsection (e), is classified to sections 486—486j of T ply with requests of the Commissioner for informa

48, Territories and Insular Possessions. tion he may require in carrying out the purposes of this subchapter.

8 280. Definitions. (c) There are authorized to be appropriated for For the purposes of this chapterthe Ascal year ending June 30, 1951. and for each (1) The term “Federal property” means I of the two succeeding fiscal years, such sums as may property which is owned by the United States ol be necessary to carry out the provisions of this sub- leased by the United States, and which is not subj chapter. including the administration thereof. to taxation by any State or any political subdivis Sums so appropriated, other than sums appropri- of a State or by the District of Columbia. Si ated for administration, shall remain available until term includes real property leased from the Sec expended. Not to exceed 10 per centum of the tary of the Army, Navy, or Air Force under seci amount so appropriated for any fiscal year (exclu- 1748d of Title 12, for the purpose of sections 174 sive of any sums appropriated for administration)

1748g of Title 12. Such term also includes 1 may be used by the Commissioner, under regulations property held in trust by the United States for prescribed by him, to make grants to local educa. dividual Indians or Indian tribes, and real propi tional agencies eligible for payments under section held by individual Indians or Indian tribes whic 272 of this title, where (1) the application of such subject to restrictions on alienation imposed by agencies would be approved under section 275 (b) of United States. Such term does not include (A) this title but for the agencies' inability, unless aided real property used by the United States prima by such grants, to finance the non-Federal share of for the provision of services to the local are the cost of the projects set forth in their applica which such property is situated, (B) any real p tions, or (2) although the applications of such agen- erty used for a labor supply center, labor hom cies have been approved, the projects covered by labor camp for migratory farm workers, or (C) such applications could not, without such grants, be low-rent housing project held under title II of completed, because of flood, fire, or similar emer National Industrial Recovery Act, the Emerg gency affecting either the work on the projects or Relief Appropriation Act of 1935, the United St the agencies' ability to finance the non-Federal Housing Act of 1937, the Act of June 28, 1940 (P share of the cost of the projects. Such grants shall Law 671 of the Seventy-sixth Congress), or any be in addition to the payments otherwise provided amendatory of or supplementary to any of under this subchapter, shall be made to those local Acts.

(2) The term "child” means any child who is Hithin the age limits for which the applicable State rovides free public education. (3) The term "parent" includes a legal guardian rother person standing in loco parentis. (4) The term "free public education” means eduation which is provided at public expense and nder public supervision and direction, and which is rovided as elementary or secondary school educaon in the applicable State. 6) Average daily attendance shall be determined I accordance with State law; except that, notithstanding any other provision of this subchapter, here the local educational agency of the school strict in which any child resides makes or conacts to make a tuition payment for the free public fucation of such child in a school situated in other school district, for purposes of this subapter the attendance of such child shall be held Mi considered (A) if the two local educational agencies conmed so agree, and if such agreement is approved the Commissioner, as attendance at a school of local educational agency receiving such tuition ment; B) in the absence of any such approved agreeint, as attendance at a school of the local educamal agency so making or contracting to make such tion payment. In any determination of average daily attendance, ldren who are not provided free public education I defined in paragraph (4)) shall not be counted. 6) The term "current fiscal year” means (A) th respect to an application approved before July 351, the fiscal year ending June 30, 1951, and (B) h respect to an application approved after June 1951, the fiscal year ending June 30, 1952. D The average per pupil cost of constructing plete school facilities in the State in which the pol district of a local educational agency is situ

shall be determined by the Commissioner of ication on the basis of contracts entered into ing the fiscal year preceding the fiscal year in ch the application is approved. If the Comsioner finds that the information available for State concerned for such preceding fiscal year nadequate or not sufficiently representative, he Il determine such cost on the basis of such inforNon as he has available and after consultation h the State educational agency. D Estimates of average daily attendance during rent fiscal year, and all other determinations respect to eligibility and maximum amount of Dent, shall be made as of the time of the apal of the application for which made, and shall made on the basis of the best information availat the time of such approval.

The terms “construct”, “constructing", and istruction" include the preparation of drawings

specifications for school facilities; erecting, ing, acquiring, altering, remodeling, improving, Itending 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 107 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.

TITLE 21.–FOOD AND DRUGS

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

171

Chap

Sec. 1 Adulterated or Misbranded Foods or Drugs... 1 2 Teas...

---... 41 1 Filled Milk..........

---- 61 Animals, Meats, and Meat and Dairy Products. 71 Viruses, Serums, Toxins, Antitoxins, and Analogous Products...

......

151 Narcotic Drugs... I. Practice of Pharmacy and Sale of Poisons in

Consular Districts in China..-------------Narcotic Farms ...

.............. Federal Food, Drug, and Cosmetic Regulations.

CROSS REFERENCES
Narcotics
Instruction as to effect of, see section 111 et seq. of

Title 20, Education.
Taxation of, see section 2550 et seq. of Title 26,

Internal Revenue Code.
Packers and Stockyards Act, see Title 7, Agriculture.

8$ 1–5. Repealed. June 25, 1938, ch. 675, § 902 (a),

52 Stat. 1059. Sections 1 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.

221

301

Thapter 1.-ADULTERATED OR MISBRANDED

FOODS OR DRUGS
PEDERAL FOOD AND DRUGS ACT OF 1906

$ 6. Butter defined.

CODIFICATION Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, 1s now section 321a of this title.

-5. Repealed.

Butter defined. -14. Repealed.

Sea food sold in interstate commerce; examina

tions; fees; offenses. Repealed.

MISCELLANEOUS PROVISIONS Introduction into, or sale in, State or Territory

or District of Columbia of dairy or food prod

ucts 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 prod.

ucts 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.

$$7—14. Repealed. June 25, 1938, ch. 675, 8 902 (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, 6, 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.

8 14a. Sea food sold in interstate commerce; examinations; fees; offenses.

CODIFICATION Section 14a, act June 30, 1906, ch. 3915, $ 10A, as added by act June 22, 1934, ch, 712, 48 Stat. 1204, and amended by act Aug. 27, 1935, ch. 739, 49 Stat. 871, is now section 372a of this title. 8 15. Repealed. June 25, 1938, ch. 675, § 902 (a), 52

Stat. 1059. Section was based upon section 11 of act June 30, 1906, ch. 3915, 34 Stat. 772 and related to examination of samples of imports.

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

FEDERAL FOOD AND DRUGS ACT OF 1906

Sections 1–5 and 7–15 of this title were based upon the faral Food and Drugs Act, act June 30, 1906, ch. 3915, L. 34 Stat. 768. Subject matter similar to said act is now stained in the Federal Food, Drug, and Cosmetic Act,

June 25, 1938, ch. 675, § 1, 52 Stat. 1040, which is set

to chapter 9 of this title. Section 902 (a) of act June 25, 1938, ch. 675, 52 Stat. 2. which repealed sections 1-5, 7-14, and 15 of this le provided that the repeal of said sections should take ect upon the effective date of said act June 25, 1938, he was to take effect twelve months after the date of enactment. Act June 23, 1939, ch. 242, § 2 (b), 53 Stat.

provided that “The provisions of such act of June 30, a, as amended, to the extent that they impose, or aurize the imposition of, any requirement imposed by

MISCELLANEOUS PROVISIONS 816. Introduction into, or sale in, State or Territory

or District of Columbia of dairy or food products

falsely labeled or branded. No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any

se 2809

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