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

(c) The Commissioner shall include in his annual report to the Congress a full report of the administration of his functions under this Act, including a detailed statement of receipts and disbursements.

USE OF OTHER FEDERAL AGENCIES; TRANSFER AND AVAILABILITY OF APPROPRIATIONS

SEC. 8. (a) In carrying out his functions under this Act, 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 6 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) 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 Act, shall to the maximum extent practicable comply with requests of the Commissioner for information he may require in carrying out the purposes of this Act.

(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 Act, shall, except to the extent necessary to carry out during such year contracts made prior to the enactment of this Act, 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 Act, shall be available during the period beginning July 1, 1951, and ending June 30, 1954, for the same purposes as this Act, except that nothing in this subsection or in subsection (c) of this section shall affect the availability of appropriations for the maintenance and operation of school facilities on Federal property under the control of the Atomic Energy Commission.

DEFINITIONS

SEC. 9. For the purposes of this Act

(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 leased from the Secretary of the Army, Navy, or Air Force under section 805 of the National Housing Act, as amended, for the purpose of title VIII of such Act. Such term also includes 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. Such term does not include (A) any real property used by the United

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States primarily for the provision of services 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 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, 1910 (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. Such term does not include any child who is a member, or the dependent of a member, of any Indian tribal organization, recognized as such under the laws of the United States relating to Indian affairs, and who is eligible for educational services provided pursuant to a capital grant by the United States, or under the supervision of, or pursuant to a contract or other arrangement with, the Bureau of Indian Affairs.

(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 facilitics, 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, Alaska, Hawaii, Puerto Rico, 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 Act, 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 Act the attendance of such child at such 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. Approved September 30, 1950.

[PUBLIC LAW 882-81ST CONGRESS]
[CHAPTER 1141-2D SESSION]
(H. R. 9524)

AN ACT

To supplement the District of Columbia Teachers' Leave Act of 1949.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective July 1, 1949, the days of leave with pay provided for by the District of Columbia Teachers' Leave Act of 1949, approved October 13, 1949, shall mean days upon which teachers and attendance officers would otherwise work and receive pay and shall be exclusive of Saturdays, Sundays, holidays, and vacation periods authorized by the Board of Education.

SEC. 2. In any case during the period beginning July 1, 1949, through October 12, 1949, where any teacher or attendance officer was absent from duty under the rules of the Board of Education then in force and a substitute was employed in place of such teacher or attendance officer and such substitute was paid by the absent teacher or attendance officer, the District of Columbia is authorized to reimburse such teacher or attendance officer the amount or amounts paid to such substitutes at the rates approved by the Board of Education. The appropriation for "General supervision and instruction, public schools", contained in the District of Columbia Appropriation Act of 1950 shall be available for such reimbursements.

Approved December 20, 1950.

(231)

Chapter 448 - 1st Session
S. 1349

AN ACT

To establish a Department of Food Services in the public schools of the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-PUBLIC SCHOOL CAFETERIAS AND
LUNCHROOMS

D. C. Public School Food Se ices Act.

SECTION 1. That there is hereby created in the public schools of the Department of District of Columbia a Department of Food Services, which Depart- Food Services, ment, under the direction and control of the Board of Education of establishment. the District of Columbia, hereinafter referred to as the "Board", is hereby authorized to conduct a centralized system of public school cafeterias, lunchrooms, and related services, hereinafter referred to as "food services".

SEC. 2. For carrying out the purposes of this Act, the Board is empowered

(a) to establish in the Department of Food Services an Office Office of Centr of Central Management consisting of a Director and Assistant Management. Directors of Food Services, whose compensation shall be fixed in

accordance with the District of Columbia Teachers' Salary Act 61 Stat. 248. of 1947, as amended;

(b) to make and enforce such rules and regulations as it deems Rules and regunecessary for the government of the Department of Food Services lations. and for the use and enjoyment of the facilities and services of such

department;

(c) upon the written recommendation of the Superintendent Management perof Schools, to employ such personnel as may be required to man- sonnel. age cafeterias, lunchrooms, and related services and to conduct the Office of Central Management. The compensation of such personnel, other than the Director and Assistant Directors of Food Services, shall be fixed in accordance with the Classification

65 Stat. 367. 65 Stat. 368.

Act of 1949: Provided, That the salaries of persons employed to 63 Stat. 954. manage cafeterias, lunchrooms, and related services shall be paid 5 U.S.C. § 1071 in installments and computed in accordance with the provisions note. of the fourth and fifth paragraphs under the subheading "For allowance to principals" under the caption "Public schools" contained in the Act of Congress entitled "An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and nine, and for other purposes", approved May 26, 1908 (35 Stat. 290, 291), as amended (sec. 31-609, D. C. Code, 1940 edition): And provided further. That such persons shall not be entitled to leave with pay of any kind except that which is allowed teachers under the District of Columbia Teachers' Leave Act of 1949;

63 Stat. 842.

(d) upon the written recommendation of the Superintendent of Personnel for Schools, to employ on a full-time or part-time basis such personnel operation, eto., as may be required for the operation and maintenance of food of food services services at rates of pay to be fixed by said Board without reference

to the Classification Act of 1949, and with respect to part-time

employees without regard to prohibitions or limitations relating

to dual compensation as contained in any Act of Congress. Per- Compensation for sons employed under the provisions of this paragraph shall be holidays. entitled to compensation for all time when and as they perform

service, and, in addition thereto, shall be entitled to compensation

for such holidays as fall within a regular tour of duty of not less

Annual leave, etc. than five days in any established workweek. Persons employed

Sick leave.

Part-time employees.

Gifts of money.

Service credit for retirement.

46 Stat. 468.
5 U.S.C. &8
691 note, 707.
5 U.S.C. &

736b.

61 Stat. 250.

65 Stat. 368.

65 Stat. 369.

Food Services
Fund.

authorized.

under this paragraph shall not be entitled, by reason of such service, to vacation or annual leave with pay. Notwithstanding the provisions of any other law, such persons shall be entitled to sick leave with pay, to be cumulative at the rate of one day a month, September to June, inclusive, of each year, the total cumulation not to exceed thirty days, to be granted under such conditions as the Board may by regulation prescribe: Provided, That as to part-time employees such leave shall be pro rated on an hourly basis. The days of sick leave with pay provided for in this section shall mean days on which employees would otherwise work and receive pay and shall be exclusive of Saturdays, Sundays, holidays, and vacation periods authorized by the Board; (e) upon the written recommendation of the Superintendent of Schools, to accept for the benefit of the program of food services gifts of money which shall be deposited in the fund created by section 4 of this Act, and of personal property and volunteer personal service.

SEC. 3. Service rendered by any person for salary or wages as an employee of any cafeteria or lunchroom operated in the public school buildings of the District during any period prior to the date when such cafeteria or lunchroom is placed under the office of central management shall, if and when such person becomes an employee of the Department of Food Services, be deemed to be service rendered for the government of the District of Columbia for purposes of the Civil Service Retirement Act, approved May 29, 1930, as amended, to be computed in accordance with section 5 of such Act: Provided, That such person shall make deposits covering such service as provided in section 9 of such Act: And provided further. That any such person may elect to make such deposits in installments in accordance with the provisions of section 9 of such Act.

SEC. 4. Article II of title I of the District of Columbia Teachers' Salary Act of 1947, as amended, is hereby amended by inserting the following new salary schedules immediately after the salary schedule for Class 34—Child Labor Inspectors:

"DEPARTMENT of Food SERVICES

"CLASS 35-DIRECTOR OF DEPARTMENT OF FOOD SERVICES

"A basic salary of $6,000 per year, with an annual increase in salary of $200 for five years, or until a maximum salary of $7,000 per year is reached.

"CLASS 36-ASSISTANT DIRECTORS OF DEPARTMENT OF FOOD SERVICES

"A basic salary of $5,000 per year, with an annual increase in salary of $200 for five years, or until a maximum salary of $6,000 per year is reached."

SEC. 5. There is hereby created in the Treasury of the United States a fund to be known as "District of Columbia Public School Food Services Fund", hereinafter referred to as the "Food Services Fund", Appropriation and there is authorized to be appropriated, out of the revenues of the District of Columbia, $25,000 which shall be credited to the Food Services Fund. All revenues and receipts of any nature whatever derived from the operation of food services, or as provided otherwise by this Act, shall, under regulations of the Board, be paid over to the Collector of Taxes of the District of Columbia not less often than once each week and by him deposited in the Treasury of the United

Deposit of receipts.

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