United States Code

school year, see note set out under section 631 of this title.

§ 641. Withholding of payments for noncompliance; judicial review of Commissioner's action in disapproving applications or withholding payments. (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 chapter 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 such agency that no further payment will be made under this chapter 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 Commission to approve part or all of any application under this chapter, 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, 1950, ch. 995, § 11, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554.)

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (b), is classified to chapter 19 of Title 5, Executive Departments and Government Officers and Employees.

PRIOR PROVISIONS

Provisions similar to those comprising subsec. (a) of this section were contained in act Sept. 23, 1950, ch. 995, title III, § 311, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526 (formerly classified to section 301 of this title), and provisions similar to those comprising subsec. (b) of this section were contained in section 207 (b) of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 974, as amended Aug. 8, 1954, ch. 400 § 2 (b), 67 Stat. 528 (formerly classified to section 277 (b) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

EFFECTIVE DATE

Amendment of act Sept. 23, 1950, by Pub. L. 85-620, effective for the period beginning July 1, 1958, except that it shall not apply in the determination of payments on applications based on the increase period ending with the regular school year 1958-1959, or any prior regular school year, see note set out under section 631 of this title.

§ 642. 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 636 (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, § 12, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 208 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975 (formerly classified to section 278 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

EFFECTIVE DATE

COMPREHENSIVE STUDY

Commissioner of Education's report of operation of this chapter and recommendations for legislative enactment to be transmitted to Congress on or before June 30, 1965, see note set out under section 242 of this title.

§ 643. Delegation of functions; use of other Federal agencies; transfer and availability of appropriations.

The

(a) The Commissioner may delegate to any officer or employee of the Office of Education any of his functions under this chapter, except the making of regulations. In carrying out his functions under this chapter, the Commissioner of Education may also utilize the facilities and services of any other Federal department or agency and may delegate the performance of any of his functions, except the making of regulations, to any officer or employee of any other Federal department or agency. 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. Any delegation of functions or authority authorized under this section will not relieve the Commissioner of the responsibility placed on him by this chapter.

(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 in

formation he may require in carrying out the purposes of this chapter.

(c) No appropriation to any department or agency of the United States, other than an appropriation to carry out this chapter, shall be available for the same purpose as this chapter; except that nothing in this subsection shall affect the availability of appropriations authorized, prior to September 23, 1950, for the construction of school facilities to be attended by Indian children or appropriations (1) for the construction of school facilities on Federal property under the control of the Atomic Energy Commission, (2) for the construction of school facilities which are to be federally operated for Indian children, or (3) for the construction of school facilities under the Alaska Public Works Act, approved August 24, 1949. (Sept. 23, 1950, ch. 995, § 13, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554.)

REFERENCES IN TEXT

The Alaska Public Works Act, approved Aug. 24, 1949, referred to in subsec. (c), is classified to sections 486486] of Title 48, Territories and Insular Possessions.

PRIOR PROVISIONS

Provisions similar to those comprising subsec. (a) of this section were contained in sections 105 (a) and 209 (a) of act Sept. 23, 1950, ch. 995, titles I, and II, 64 Stat. 969, 975, as amended Aug. 8, 1953, ch. 400, § 2 (c), (m), 67 Stat. 528, 529 (formerly classified to sections 255 (a) and 279 (a) of this title), and provisions similar to those comprising subsecs. (b) and (c) of this section were contained in section 20 (b), (e) of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975, as amended Aug. 8, 1953, ch. 400, § 2 (d), (f), 67 stat. 528; Aug. 31, 1954, ch. 1149, § 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 1, 71 Stat. 593 (formerly classified to section 279 (b), (e) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950 by Pub. L. 85-620.

EFFECTIVE DATE

§ 644. Assistance in other Federally-affected areas. (a) Eligibility requirements.

If the Commissioner determines with respect to any local educational agency that—

(1) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide free public education for children who reside on Federal property, and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this chapter, and that the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education or that the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds 100;

(2) the immunity of such Federal property to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities;

(3) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the purpose; and

(4) such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education in its school district,

he may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance may not exceed the portion of the cost of such facilities which the Commissioner estimates is attributable to children who reside on Federal property, and which has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this chapter or any other law. Notwithstanding the provisions of this subsection, the Commissioner may waive the percentage requirement in paragraph (1) in the case of any application for additional assistance on account of children who reside on Indian lands whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this section. Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (c) of this section) to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection "Indian lands" means Indian reservations or other real property referred to in the third sentence of section 645 (1) of this title. (b) Authorization of appropriations; time limit on making agreements.

There are authorized to be appropriated for each fiscal year ending prior to July 1, 1966, such sums, not to exceed $60,000,000 in the aggregate, as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appropriated for administration, shall remain available until expended, except that after June 30, 1966, no agreement may be made to extend assistance under this section.

No payment may be made to any local educational agency under subsection (a) of this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 636 (b) (1) of this title. In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications and the nature and extent of

the Federal responsibility. No payment may be made under subsection (a) of this section unless the Commissioner finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with over-all State plans for the construction of school facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency.

(d) Payments to local agencies; repayment of unexpended funds.

Amounts paid by the Commissioner to local educational agencies under subsection (a) of this section may be paid in advance of, or by way of reimbursement for, work performed or purchases made pursuant to the agreement with the Commissioner under this section, and may be paid in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(e) Application of sections 631-640 of this title.

None of the provisions of sections 631 to 640 of this title, both inclusive, other than section 636 (b) (1) of this title, shall apply with respect to determinations made under this section. (Sept. 23, 1950, ch. 995, § 14, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 555, and amended Oct. 3, 1961, Pub. L. 87-344, title I, § 101 (b), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, § 31 (b), 77 Stat. 419; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101 (b), 78 Stat. 1109.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title IV, § 401, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 12, 1955, ch. 868, § 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, § 109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 8, 71 Stat. 594 (formerly classified to section 311 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

1964 Subsec. (b). Pub. L. 88-665 substituted "1966" for "1965", wherever appearing.

1963-Subsec. (b). Pub. L. 88-210 substituted "1965" for "1963", wherever appearing.

1961-Subsec. (b). Pub. L. 87-344 substituted "July 1, 1953" and "June 30, 1963" for "July 1, 1961” and “June 30, 1961", respectively, and increased the aggregate amount of the appropriation from $40,000,000 to $60,000,000.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section by Pub. L. 88-210 effective July 1, 1963, see section 33 of Pub. L. 88-210, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as a note under section 633 of this title.

EFFECTIVE DATE

§ 645. Definitions.

For the purposes of this chapter

(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 which is owned by the United States and leased therefrom and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia. Except for the purposes of section 640 of this title, such term also includes (A) 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, and (B) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Notwithstanding the foregoing provisions of this paragraph, such term does not include (A) any real property used by the United States primarily for the provision of services or benefits 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, (C) any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services, or (D) 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, 1940 (Public Law 671, 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.

(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 membership of schools shall be determined in accordance with State law or, in the absence of State law governing such a determination, in accordance with regulations of the Commissioner; except that, nowithstanding any other provision of this chapter, 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 chapter the membership 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 membership of a school of the local educational agency receiving such tuition payment;

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

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

(6) The average per pupil cost of constructing minimum school facilities in the State in which the school district of a local educational agency is situated shall be determined by the Commissioner of Education on the basis of the contract cost per square foot under contracts for the construction of school facilities (exclusive of costs of site improvements, equipment, and architectural, engineering, and legal fees) entered into in the State for the base year designated in the application, increased by a percentage estimated by the Commissioner to represent additional costs for site improvements, equipment, and architectural, engineering, and legal fees, and multiplied by a factor estimated by the Commissioner to represent the area needed per pupil in minimum school facilities. If the Commissioner finds that the information available for the State concerned for such preceding fiscal year is inadequate or not sufficiently representative, he shall determine such cost on the basis of such information as he has available and after consultation with the State educational agency. The cost of constructing minimum school facilities in the school district of a local educational agency shall be determined by the Commissioner, after consultation with the State and local educational agencies, on the basis of such information as may be contained in the application of such local educational agency and such other information as he may obtain.

(7) Estimates of membership, and all other determinations with respect to eligibility and maximum amount of payment, shall be made as of the time of the approval of the application for which made, and shall be made on the basis of the best information available at the time of such approval.

(8) The terms "construct", "constructing", and "construction" include the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(9) 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 stadiums, 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 639 and 640 of this title, such term does not include interests in land and off-site improvements.

(10) Whether or not school facilities are minimum school facilities shall be determined by the Commissioner, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him.

(11) The term "local educational agency" means a board of education or other legally constituted local 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 or which has responsibility for the provision of such facilities.

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

(13) The term "State" means a State, Puerto Rico, Guam, the District of Columbia, the Virgin Islands, or Wake Island.

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

(15) The term "base year" means the regular school year preceding the fiscal year in which an application was filed under this chapter or the regular school year preceding such school year, as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 635 (a) of this title, the base year shall in no event be later than the regular school year 1963-1964; and

(16) The term "increase period" means the period of two consecutive regular school years immediately following such base year. (Sept. 23, 1950, ch. 995, § 15, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 556, and amended June 25, 1959, Pub. L. 86-70, § 18 (c), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14 (c), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87-344, title I, § 101 (c), 75 Stat. 759; Dec. 18, 1963, Fub. L. 88-210, § 31 (c), 77 Stat. 419; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101 (c), (d), 78 Stat. 1109.)

REFERENCES IN TEXT

Title II of the National Industrial Recovery Act, referred to in par. (1), was formerly classified to sections 401-411 of Title 40, Public Buildings, Property and Works, but terminated on June 30, 1943, by the provision of act June 27, 1943, ch. 450, § 101, 56 Stat. 410. Section 221 of such title II is classified to section 607 of Title 7, Agriculture.

The Emergency Relief Appropriation Act of 1935, referred to in par. (1), was the Act of Apr. 8, 1935, ch. 48, 49 Stat. 115, and was not classified to the Code.

The United States Housing Act of 1937, referred to in par. (1), is classified to chapter 8 and section 1585 of Title 42, The Public Health and Welfare and to section 1884 of Title 50 App., War and National Defense.

The act of June 28, 1940 (Public Law 671, Seventysixth Congress), referred to in par. (1), is act June 28, 1940, ch. 440, 54 Stat. 676, which is classified to section 40 of Title 41, Public Contracts, and sections 1501-1505 of Title 42, The Public Health and Welfare, and was formerly classified to section 1262a of Title 10, Army and Air Force and section 546e of former Title 34, Navy (both repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 and covered by section 7307 of Title 10, Armed Forces) and sections 1151-1162 of Appendix to Title 50, War and National Defense (for termination of which see notes set out under former sections).

PRIOR PROVISIONS

Provisions similar to those comprising pars. (1)—(14) of this section were contained in section 210 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 976, as amended Aug. 8, 1953, ch. 400, § 2 (g)-(1), 67 Stat. 528; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, § 102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85-161, 71 Stat. 403 (formerly classified to section 280 of this title), and provisions similar to those comprising pars. (15) and (16) of this section were contained in act Sept. 23, 1950, ch.

995, title III, § 312, as added Sept. 2, 1957, Pub. L. 85-267, § 7, 71 Stat. 593 (formerly classified to section 302 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950 by Pub. L. 85-620.

AMENDMENTS

1964 Par. (13). Pub. L. 88-665, § 1101(c), inserted "the District of Columbia," following "Guam,”.

Par. (15). Pub. L. 88-665, § 1101(d), substituted "19631964" for "1962-1963."

1963-Par. (15). Pub. L. 88-210 substituted "19621963" for "1960-1961."

1961-Pub. L. 87-344 substituted "school year 1960–1961" for "school year 1958-1959” in par. (15).

1960-Pub. L. 86-624 eliminated "Hawali," preceding "Puerto Rico" in par. (13).

1959-Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii" in par. (13).

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section by Pub. L. 88-210 effective July 1, 1963, see section 33 of Pub. L. 88-210, set out as a note under section 237 of this title.

Section 47(f) of Pub. L. 86-624 provided that: "The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending par. (13) of this section and sections 151(1), 15jj(e), 15ggg(a) and 244 (8) of this title], by section 20(a) [amending section 41(g) of Title 291, by section 23(b) [amending section 466] (d) of Title 33], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 (amending sections 201(f), 255, 264 (c) and 2911(d) of Title 42], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410 (h), (1) and 1301(a)(1), (2) of Title 42] shall become effective on August 21, 1959."

EFFECTIVE DATE OF 1959 AmendmenT

Amendment of section by Pub. L. 86-70 effective on January 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of this title.

EFFECTIVE DATE

Amendment of act Sept. 23, 1950, by Pub. L. 85-620, as effective for the period beginning July 1, 1958, except that it shall not apply in the determination of payments on applications based on the increase period ending with the regular school year 1958-1959, or any prior regular school year, see note set out under section 631 of this title.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Sec. 675.

Advisory Committee on the Training of Teachers of the Deaf. Continued

(d) Services of members.

(e) Compensation and travel expenses; waiver of benefits; exemption from conflict-ofinterest laws.

676. Appropriations; termination.

§ 671. Grants to public and nonprofit institutions; use of grants; recommendations of Advisory Committee; approval of Commissioner.

In order to encourage and facilitate the training of more teachers of the deaf, the Commissioner of Education (hereinafter in this chapter referred to as the "Commissioner") shall, with the advice and assistance of the Advisory Committee on the Training of Teachers of the Deaf (established by section 675 of this title and hereinafter in this chapter referred to as the "Advisory Committee"), establish and conduct a program of grants-in-aid to accredited public and nonprofit institutions of higher education which are approved training centers for teachers of the deaf or are affiliated with approved public or other nonprofit institutions which are approved for the training of teachers of the deaf to assist such institutions in providing courses of training and study for teachers of the deaf and in improving such courses. Such grants-in-aid shall be used by such institutions to assist in covering the cost of such courses of training and study and for establishing and maintaining scholarships for qualified persons who desire to enroll in such courses of training and study, the stipends of any such scholarships to be determined by the Commissioner. The Commissioner shall submit all applications for grants-in-aid under this chapter to the Advisory Committee for its review and recommendations, and the Commissioner shall not approve any such application before he has received and studied the recommendations of the Advisory Committee with respect to such application, unless the Advisory Committee shall have failed to submit its recommendations to him after having had adequate time to do so. (Pub. L. 87276, § 1, Sept. 22, 1961, 75 Stat. 575.) § 672. Payments of grants.

Payments of grants-in-aid pursuant to this chapter shall be made by the Commissioner from time to time and on such conditions as he may determine, including the making of such reports as the Commissioner may determine to be necessary to carry out the provisions of this chapter. Such payments may be made either in advance or by way of reimbursement. (Pub. L. 87-276, § 2, Sept. 22, 1961, 75 Stat. 575.)

§ 673. Definitions.

For the purposes of this chapter

(a) The term "nonprofit", as applied to an institution, means an institution owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual;

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United States Code, Volume 5