payments under this subchapter and which have submitted, and had approved, applications therefor, in accordance with the provisions of this subchapter.

(Sept. 30, 1950, ch. 1124, title III, § 302, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1142(a), 92 Stat. 2329; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-561 inserted references to the culturally related academic needs of Indian students.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

SHORT TITLE

Section 401 of title IV of Pub. L. 92-318 provided that: "This title [enacting this subchapter and sections 887c, 1119a, 1211a, and 1221f to 1221h of this title, amending sections 240(a), 241c(a)(1), 822(a)(1), 842(a)(1), 880b-3a(a), 1091b(a), and 1412(a)(1)(B) of this title, and enacting provisions set out as notes under sections 241a, 241c, and 821 of this title] may be cited as the ‘Indian Education Act'."

Section 301 of title III of act Sept. 30, 1950, ch. 1124, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334, provided that: "This title [this subchapter] may be cited as the 'Indian Elementary and Secondary School Assistance Act'."

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsec. (b) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

PROGRAM MONITORING

Section 1149 of Pub. L. 95-561, as amended by Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided that:

"(a) The Secretary of Education shall establish a method of auditing on an annual basis a sample of not less than one-third of the total number of school districts receiving funds under part A of the Indian Education Act [this subchapter] and shall report to the Congress his findings.

"(b) Any falsification of information provided on the local educational agency application for funds under part A of such Act is punishable by impoundment of unused funds and an ineligibility for receiving any future entitlement under such Act [see section 401 of Pub. L. 92-318 set out as a Short Title note above].

"(c) Any falsification of information provided on the student eligibility form for funds under part A of such Act is punishable by making that individual ineligible for receiving any future entitlement under the Act."

CROSS REFERENCES

Definition of "Indian", see section 1221h of this

title.

INDIAN EDUCATION ACT REFERRED TO IN OTHER
SECTIONS

The Indian Education Act is referred to in section 1221h of this title.

§ 241bb. Grants to local educational agencies (a) Entitlement; computation; average per pupil expenditure

(1) For the purpose of computing the amount to which a local educational agency is entitled under this subchapter for any fiscal year ending prior to October 1, 1983, the Secretary shall determine the number of Indian children who were enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year.

(2)(A) The amount of the grant to which a local educational agency is entitled under this subchapter for any fiscal year shall be an amount equal to (i) the average per pupil expenditure for such agency (as determined under subparagraph (C)) multiplied by (ii) the sum of the number of children determined under paragraph (1).

(B) A local educational agency shall not be entitled to receive a grant under this subchapter for any fiscal year unless the number of children under this subsection, with respect to such agency, is at least ten or constitutes at least 50 per centum of its total enrollment. The requirements of this subparagraph shall not apply to any such agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation.

(C) For the purposes of this subsection, the average per pupil expenditure for a local educational agency shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made) divided by the aggregate number of children who were in average daily enrollment for whom such agencies provided free public education during such preceding fiscal year.

(b) Non-local educational agencies

In addition to the sums appropriated for any fiscal year for grants to local educational agencies under this subchapter, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 10 per centum of the amount appropriated for payments on the basis of entitlements computed under subsection (a) of this section for that fiscal year, for the purpose of enabling the Secretary to provide financial assistance to schools on or near reservations which are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this subchapter.

(c) Demonstration projects

In addition to the sums appropriated for any fiscal year for grants to local educational agencies under this subchapter, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 10 per centum of

the amount appropriated for payments on the basis of entitlements computed under subsection (a) of this section for that fiscal year, for the purpose of enabling the Secretary to make grants on a competitive basis to local educational agencies to support demonstration projects and programs which are designed to plan for and improve education opportunities for Indian children, except that the Secretary shall reserve a portion not to exceed 25 per centum of such funds to make grants for demonstration projects examining the special educational and culturally related academic needs that arise in school districts with high concentrations of Indian children.

(Sept. 30, 1950, ch. 1124, title III, § 303, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Aug. 21, 1974, Pub. L. 93-380, title VI, §§ 631(b), 632(b), 88 Stat. 585, 586; Apr. 21, 1976, Pub. L. 94-273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title XI, §§ 1141(b), 1143, 92 Stat. 2328, 2329; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Subsec. (a)(1). Pub. L. 95-561, § 1141(b), substituted "1983" for "1978".

Subsec. (c). Pub. L. 95-561, § 1143, added subsec. (c). 1976-Subsec. (a)(1). Pub. L. 94-273 substituted "October" for "July".

1974-Subsec. (a)(1). Pub. L. 93-380, § 631(b), substituted "1978" for "1975".

Subsec. (b). Pub. L. 93-380, § 632(b), increased percentage from "5" to "10".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 631(c) of Pub. L. 93-380 provided that: "The amendments made by this section [amending sections 241bb and 3385 of this title] shall be effective on and after July 1, 1973."

Amendment of subsec. (b) by Pub. L. 93-380 effective on and after July 1, 1974, see section 632(d) of Pub. L. 93-380, set out as an Effective Date note under section 3385a of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a)(1) and (c) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED PART OF FISCAL YEAR BEGINNING OCTOBER 1, 1976

Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed part of fiscal year beginning Oct. 1, 1976, for purposes of this section, see section 205(6) of Pub. L. 94-274, title II, Apr. 21, 1976, 90 Stat. 394, set out as a note under section 5532 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241bb-1, 241dd, 241ff, 1221g of this title.

§ 241bb-1. Tribal schools

Notwithstanding any other provision of law, any Indian tribe or organization which is controlled or sanctioned by an Indian tribal government and which operates any school for the children of that tribe shall be deemed to be a local educational agency for purposes of section 241bb(a) of this title if each such school, as determined by the Secretary of Education, operated by that tribe or organization provides its students an educational program which meets the standards established under section 2001 of title 25 for the basic education of Indian children, or is a school operated under contract by that tribe or organization in accordance with the provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.).

(Pub. L. 95-561, title XI, § 1146, Nov. 1, 1978, 92 Stat. 2330; Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, as amended, referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

CODIFICATION

Section was enacted as part of the Education Amendments of 1978, and not as part of the Indian Elementary and Secondary School Assistance Act which comprises this subchapter.

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

TRANSFER OF FUNCTIONS

"Secretary of Education" was substituted for "Commissioner" in text pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

DEFINITIONS

For definition of terms appearing in this section, see section 2019 of Title 25, Indians.

§ 241cc. Uses of Federal funds

Grants under this subchapter may be used, in accordance with applications approved under section 241dd of this title, for

(1) planning for and taking other steps leading to the development of programs specifically designed to meet the special educational or culturally related academic needs, or both, of Indian children, including pilot projects designed to test the effectiveness of plans so developed; and

(2) the establishment, maintenance, and operation of programs, including, in accordance with special regulations of the Secretary, minor remodeling of classroom or other space used for such programs and acquisition of necessary equipment, specially designed to

meet the special educational or culturally related academic needs, or both, of Indian children.

(Sept. 30, 1950, ch. 1124, title III, § 304, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1142(b), 92 Stat. 2329; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Pars. (1), (2). Pub. L. 95-561 inserted references to the culturally related academic needs of Indian children.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner” in par. (2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 241dd of this title.

§ 241dd. Conditions for approval of grants (a) Applications for grants; contents

A grant under this subchapter, except as provided in section 241bb(b) of this title, may be made only to a local educational agency or agencies, and only upon application to the Secretary at such time or times, in such manner, and containing or accompanied by such information as the Secretary deems necessary. Such application shall

(1) provide that the activities and services for which assistance under this subchapter is sought will be administered by or under the supervision of the applicant;

(2) set forth a program for carrying out the purposes of section 241cc of this title, and provide for such methods of administration as are necessary for the proper and efficient operation of the program;

(3) in the case of an application for payments for planning, provide that (A) the planning was or will be directly related to programs or projects to be carried out under this subchapter and has resulted, or is reasonably likely to result, in a program or project which will be carried out under this subchapter, and (B) the planning funds are needed because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this subchapter,

(4) provide that effective procedures, including provisions for appropriate objective measurement of educational achievement will be adopted for evaluating at least annually the effectiveness of the programs and projects in meeting the special educational needs of Indian students;

(5) set forth policies and procedures which assure that Federal funds made available under this subchapter for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the education of Indian children and in no case supplant such funds;

(6) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under this subchapter; and

(7) provide for making an annual report and such other reports, in such form and containing such information, as the Secretary may reasonably require to carry out his functions under this subchapter and to determine the extent to which funds provided under this subchapter have been effective in improving the educational opportunities of Indian students in the area served, and for keeping such record and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

(b) Requirement of compliance with certain provisions

An application by a local educational agency or agencies for a grant under this subchapter may be approved only if it is consistent with the applicable provisions of this subchapter and

(1) meets the requirements set forth in subsection (a) of this section;

(2) provides that the program or project for which application is made

(A) will utilize the best available talents and resources (including persons from the Indian community) and will substantially increase the educational opportunities of Indian children in the area to be served by the applicant; and

(B) has been developed

(i) in open consultation with parents of Indian children (including persons acting in loco parentis other than school administrators or officials), teachers, and, where applicable, secondary school students, including public hearings at which such persons have had a full opportunity to understand the program for which assistance is being sought and to offer recommendations thereon, and

(ii) with the participation and approval of a committee composed of, and selected by, parents of children participating in the program (including persons acting in loco parentis other than school administrators or officials) for which assistance is sought, teachers, and, where applicable, secondary school students of which at least half the members shall be such parents;

(C) sets forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will insure that the program for which assist

ance is sought will be operated and evaluated in consultation with, and the involvement of, parents of the children and representatives of the area to be served, including the committee established for the purposes of clause (2)(B)(ii);

(3) provides that the parent committee formed pursuant to paragraph (2)(B)(ii) will adopt and abide by reasonable by-laws for the conduct of the program for which assistance is sought.

(c) Approval of amended applications

Amendments of applications shall, except as the Secretary may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. (Sept. 30, 1950, ch. 1124, title III, § 305, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 336, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1144, 92 Stat. 2329; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Subsec. (b)(2)(B)(i). Pub. L. 95-561, § 1144(1), added "(including persons acting in loco parentis other than school administrators or officials)" following "Indian children”.

Subsec. (b)(2)(B)(ii). Pub. L. 95-561, § 1144(1), added "(including persons acting in loco parentis other than school administrators or officials)" following "children participating in the program”.

Subsec. (b)(2)(C). Pub. L. 95-561, § 1144(2), added ", including policies and procedures relating to the hiring of personnel," following "policies and procedures".

Subsec. (b)(3). Pub. L. 95-561, § 1144(3), added par. (3).

EFFECTIVE DATE of 1978 AMENDMENT Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a) to (c) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241cc, 241ee, 3385 of this title; title 25 section 456.

§ 241ee. Payments

(a) Amounts paid to approved educational agencies

The Secretary shall, subject to the provisions of section 241ff of this title, from time to time pay to each local educational agency which has had an application approved under section 241dd of this title, an amount equal to the amount estimated to be expended by such agency in carrying out activities under this application.

(b) Limitations

(1) No payments shall be made under this subchapter for any fiscal year to any local educational agency in a State which has taken into

consideration payments under this subchapter in determining the eligibility of such local educational agency in that State for State aid, or the amount of that aid, with respect to the free public education of children during that year or the preceding fiscal year.

ander

(2) No payments shall be made under this subchapter to any local educational agency for any fiscal year unless the State educational agency finds that the combined fiscal effort (as determined in accordance with regulations of the Secretary) of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year.

(Sept. 30, 1950, ch. 1124, title III, § 306, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 337, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1150(f), 92 Stat. 2333; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-561 added “estimated to be" following “equal to the amount".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a) and (b)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

§ 241ff. Adjustments where necessitated by appropriations

(a) Reduction of maximum amounts; increase of reduced amounts

If the sums appropriated for any fiscal year for making payments under this subchapter are not sufficient to pay in full the total amounts which all local educational agencies are eligible to receive under this subchapter for that fiscal year, the maximum amounts which all such agencies are eligible to receive under this subchapter for such fiscal year shall be ratably reduced. In case additional funds become available for making such payments for any fiscal year, during which the first sentence of this subsection is applicable, such reduced amounts shall be increased on the same basis as they were reduced.

(b) Reallocation

In the case of any fiscal year in which the maximum amounts for which local educational agencies are eligible have been reduced under the first sentence of subsection (a) of this section, and in which additional funds have not been made available to pay in full the total of such maximum amounts under the second sentence of such subsection, the Secretary may reallot, in such manner as he determines will

best assist in advancing the purposes of this subchapter, any amount awarded to a local education agency in excess of the amount to which it is entitled under section 241bb(a) of this title and subsection (a) of this section, or any amount which the Secretary determines, based upon estimates made by local educational agencies, will not be needed by any such agency to carry out its approved project.

(Sept. 30, 1950, ch. 1124, title III, § 307, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 337, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1145, 92 Stat. 2330; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-561 substituted provisions authorizing the Commissioner to reallot amounts awarded to local education agencies in excess of the amounts to which they are entitled or amounts which the Commissioner determines will not be needed by such agencies for provisions under which the Commissioner had been authorized to adjust allocations to local education agencies only with respect to those amounts which would not be used for the period of their availability under approved applications using a program of reports and evaluation of amounts available if local agencies were to submit approvable applications.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner” in subsec. (b) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982, 1983, AND 1984

Pub. L. 97-35, title V, § 517, Aug. 13, 1981, 95 Stat. 448, provided that: "The total amount of appropriations to carry out the Indian Education Act [see Short Title note set out under section 241aa of this title] shall not exceed $81,700,000 for fiscal year 1982, $88,400,000 for the fiscal year 1983, and $95,300,000 for the fiscal year 1984."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 241ee of this title.

SUBCHAPTER IV-GENERAL

§ 242. Supervision over schools

(a) Repealed. Pub. L. 91-230, title IV, § 401(f)(1), Apr. 13, 1970, 84 Stat. 173

(b) Rules and regulations

The Secretary 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) Report to Congress

The Secretary shall include in his annual report to the Congress a full report of the ad

ministration of his functions under this chapter, including a detailed statement of receipts and disbursements.

(Sept. 30, 1950, ch. 1124, title IV, § 401, formerly § 7, 64 Stat. 1107, renumbered title III, § 301, Apr. 11, 1965, Pub. L. 89-10, title I, § 3(c)(1), 79 Stat. 35; amended Nov. 3, 1966, Pub. L. 89-750, title II, § 205, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(f)(1), 84 Stat. 173, and renumbered title IV, § 401, June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-230 repealed prohibition against Federal control of education (personnel, curriculum, program of instruction, or assignment or transportation of students or teachers in order to overcome racial imbalance). See section 1232a of this title.

1966-Subsec. (a). Pub. L. 89-750 added provisions prohibiting the requiring of assignment or transportation of students or teachers in order to overcome racial imbalance.

EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as an Effective Date of 1966 Amendment note under section 238 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in text pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

COMPREHENSIVE STUDY

Pub. L. 88-665, § 1103, title XI, Oct. 16, 1964, 78 Stat. 1109, directed the Commissioner of Education to 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 Pub. L. 88-665 [amending sections 237 to 239, 633, 644, and 645 of this title].

§ 243. Utilization of services and facilities of other Federal agencies

(a) Agreements with agencies; delegation of functions In carrying out his functions under this chapter, the Secretary 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.

(b) Duty of Federal agencies

All Federal departments or agencies administering Federal property on which children reside, and all such departments or agencies