(d) The term "Federal share" means, in the case of a project for an institution of higher education other than a public community college or public technical institute, a percentage (as determined under the applicable State plan) not in excess of 33 per centum of its development cost; and such term means, in the case of a public community college or public technical institute, 40 per centum of its development cost.

(e) The term "higher education building agency" means (1) an agency, public authority, or other instrumentality of a State authorized to provide, or finance the construction of, academic facilities for institutions of higher education (whether or not also authorized to provide or finance other facilities for such or other educational institutions, or for their students or faculty), or (2) any corporation (no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual) (A) established by an institution of higher education for the sole purpose of providing academic facilities for the use of such institution, and (B) upon dissolution of which all title to any property purchased or built from the proceeds of any loan made under subchapter III of this chapter will pass to such institution.

(f) The term "institution of higher education" means an educational institution in any State which

(1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

(2) is legally authorized within such State to provide a program of education beyond high school;

(3) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a twoyear program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;

(4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, if the

Commissioner determines there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall, under section 752(c) of this title, appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions for assistance under this chapter and shall also determine whether particular institutions meet such standards: Provided, however, That the requirements of this clause (5) shall be deemed to be satisfied in the case of an institution applying for assistance under this chapter, if the Commissioner determines that there is satisfactory assurance that upon completion of the project for which such assistance is requested, or upon completion of that project and others under construction or planned and to be commenced within a reasonable time, the institution will meet such requirements; and for the purposes of this paragraph the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered.

(g) The term "public community college and public technical institute" means an institution of higher education which is under public supervision and control and is organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree or a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, and, if a branch of an institution of higher education offering four or more years of higher education, is located in a community different from that in which its parent institution is located.

(h) The term "cooperative graduate center" means an institution or program created by two or more institutions of higher education which will offer to the students of the participating institutions of higher education graduate work which could not be offered with the same proficiency and/or economy at the individual institution of higher education. The center may be located or the program carried out on the campus of any of the participating institutions or at a separate location.

(i) The term "cooperative graduate center board" means a duly constituted board established to construct and maintain the cooperative graduate center and coordinate academic programs. The board shall be composed of representatives of each of the higher education institutions participating in the center and of the community involved. At least one-third of the board's members shall be community representatives. The board shall elect by a majority vote a chairman from among its membership.

(j) The term "high school" does not include any grade beyond grade 12.

(k) The term "nonprofit educational institution" means an educational 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.

(1) The term "public educational institution" does not include a school or institution of any agency of the United States.

(m) The term "State" includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (Pub. L. 88-204, title IV, § 401, Dec. 16, 1963, 77 Stat. 374.)

§ 752. Federal administration.

(a) Delegation of functions by Commissioner.

The Commissioner may delegate any of his functions under this chapter, except the making of regulations, to any officer or employee of the Office of Education.

(b) Utilization of services and facilities of Federal agencies by Commissioner.

In administering the provisions of this chapter for which he is responsible, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon.

(c) Advisory committees; appointment and compensation.

The Commissioner, with the approval of the Secretary of Health, Education, and Welfare, may appoint one or more advisory committees to advise and consult with the Commissioner with respect to the administration of any of his functions under subchapter I or III of this chapter. Members of any such committee, while attending conferences or meetings of the committee, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Health, Education, and Welfare, but not to exceed $75 per diem, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (section 73b-2 of Title 5) for persons in the Government service employed intermittently. (Pub. L. 88-204, title IV, § 402, Dec. 16, 1963, 77 Stat. 377.)

§ 753. Labor standards on projects assisted by grant or loan.

(a) The Commissioner shall not approve any application for a grant or loan under this chapter except upon adequate assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on construction assisted by such grant or loan will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the DavisBacon Act, as amended, and will receive overtime compensation in accordance with and subject to the

provisions of the Contract Work Hours Standards Act; but, in the case of any nonprofit educational institution, the Commissioner may waive the application of this subsection in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of the project, voluntarily donate their services for the purpose of lowering the costs of construction and the Commissioner determines that any amounts saved thereby are fully credited to the educational institution undertaking the construction.

(b) The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a) of this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 276c of Title 40. (Pub. L. 88-204, title IV, § 403, Dec. 16, 1963, 77 Stat. 378.)

REFERENCE IN TEXT

The Davis-Bacon Act, referred to in subsec. (a) of this section, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

The Contract Work Hours Standards Act, referred to in subsec. (a) of this section, is classified to sections 327332 of Title 40, Public Buildings, Property, and Works. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b) of this section, is set out as a note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

§ 754. Period of Federal interest in project; recovery of payments.

(a) The Congress hereby finds and declares that, if a facility constructed with the aid of a grant or grants under subchapter I or II of this chapter is used as an academic facility for twenty years following completion of such construction, the public benefit accruing to the United States from such use will equal or exceed in value the amount of such grant or grants. The period of twenty years after completion of such construction shall therefore be deemed to be the period of Federal interest in such facility for the purposes of this chapter.

(b) If, within twenty years after completion of construction of an academic facility which has been constructed in part with a grant or grants under subchapter I or II of this chapter

(1) the applicant (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or

(2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term "academic facility" by section 751 (a) (2) of this title,

the United States shall be entitled to recover from such applicant (or successor) an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal grant or grants bore to the development cost of the facility financed with the aid of such grant or grants. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated. (Pub. L. 88-204, title IV, § 404, Dec. 16, 1963, 77 Stat. 378.)

§ 755. Method of payment.

Payments under this chapter to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant or loan, may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. (Pub. L. 88-204, title IV, § 405. Dec. 16, 1963, 77 Stat. 378.)

§ 756. Authorization of appropriations for adminis

tration.

There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, and for each fiscal year thereafter, such sums as may be

necessary for the cost of administering the provisions of this chapter. (Pub. L. 88-204, title IV, § 406, Dec. 16, 1963, 77 Stat. 379.)

§ 757. Federal control over educational institutions prohibited.

No department, agency, officer, or employe of the United States shall, under authority of this chapter, exercise any direction, supervision, or control over, or impose any requirements or conditions with respect to, the personnel, curriculum, methods of instruction, or administration of any educational institution. (Pub. L. 88-204, title IV, § 407, Dec. 16, 1963, 77 Stat. 379.)

Chap.

Sec.

Sec.

11. Manufacture of Narcotic Drugs [New]....... 501

Chapter 2.-TEAS

§ 41. Importation of tea inferior to standard.

It shall be unlawful for any person or persons or corporation to import or bring into the United States any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards provided in section 43 of this title, and the importation of all such merchandise is prohibited, except as provided in the Tariff Schedules of the United States. (As amended May 24, 1962, Pub. L. 87-456, title III, § 303(a), 76 Stat. 77.)

REFERENCES IN TEXT

The Tariff Schedules of the United States, referred to in the text, are set out in section 1202 of Title 19, Customs Duties.

AMENDMENTS

1962 Pub. L. 87-456 inserted words "except as provided in the Tariff Schedules of the United States" at the end of the first sentence, and deleted the second sentence which related to the importation under bond of tea inferior to standards, tea waste, tea siftings, or tea sweepings, for the sole purpose of manufacturing theine, caffeine, or other chemical products whereby the identity and character of the original material is entirely destroyed or changed. See Revised Tariff Schedules set out in section 1202 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501 (a) of Pub. L. 87-456, set out as a note preceding section 1202 of Title 19, Customs Duties.

134a. Seizure, quarantine, etc.-Continued (c) Notice to owner to quarantine or to dispose of animal, carcass, product, or article; action on failure to comply, costs. (d) Compensation of owner; fair market value; payments from State or other source; availability of funds. Restriction on payment of compensation in cases of violation of law or regulation. 134b. Regulations for clean and sanitary movement of animals [New]. 134c. Regulations for movement of animals affected or exposed to communicable disease [New].

(e)

134d. Inspections and seizures; issuance of warrants [New].

134e.

1341.

134g.

Penalties; enforcement provisions [New].
Promulgation of regulations [New].

Authority in addition to other laws; repeal of
inconsistent provisions [New].

134h. Separablity of provisions [New].

PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

§ 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations.

The Secretary of Agriculture is authorized to establish research laboratories, including the acquisition of necessary land, buildings, or facilities, and also the making of research contracts under the authority contained in section 4271(a) of Title 7, for research and study, in the United States or elsewhere, of foot-and-mouth disease and other animal diseases which in the opinion of the Secretary constitute a threat to the livestock industry of the United States: Provided, That no live virus of footand-mouth disease may be introduced for any purpose into any part of the mainland of the United States except coastal islands separated therefrom by water navigable for deep-water navigation and which shall not be connected with the mainland by any tunnel, and except that the Secretary of Agriculture may transport said virus in the original package across the mainland under adequate safeguards, and except further, that in the event of outbreak of foot-and-mouth disease in this country, the Secretary of Agriculture may, at his discretion, permit said virus to be brought into the United States under adequate safeguards. To carry out the provisions of this section, the Secretary is authorized to employ technical experts or scientists without regard to the Classification Act of 1949, as amended: Provided, That the number so employed shall not exceed five and that the maximum compensation for each shall not exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended. There is authorized to be appropriated such sums as Congress may deem necessary; in addition, the Secretary is authorized to