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, as amended, referred to in subsec. (a), 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), is classified to sections 327-332 of Title 40. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b) 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 administration. 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.) Chapter 22.-NATIONAL COUNCIL ON THE ARTS Sec. 781. Congressional declaration of policy. 782. Proscription against Federal control over policy or program determination. 783. 784. 785. 786. 787. 788. 789. 790. Establishment of Council. Membership; appointments; considerations; terms Chairman; appointment; term; compensation. Staff; compensation; procurement of services. §781. Congressional declaration of policy. (1) that the growth and flourishing of the arts depend upon freedom, imagination, and individual initiative; (2) that the encouragement and support of the arts, while primarily a matter for private and local initiative, is also an appropriate matter of concern to the Federal Government; (3) that the Nation's prestige and general welfare will be promoted by providing recognition that the arts and the creative spirit which motivates them and which they personify are a valued and essential part of the Nation's resources; (4) that it is in the best interests of the United States to maintain, develop, and disseminate the Nation's artistic and cultural resources; and (5) that, in order to implement these findings, it is desirable to establish a National Council on the Arts to provide such recognition and assistance as will encourage and promote the Nation's artistic and cultural progress. (Pub. L. 88-579, § 2, Sept. 3, 1964, 78 Stat. 905.) SHORT TITLE Section 1 of Pub. L. 88-579 provided that Pub. L. 88579, comprising this chapter, may be cited as the "National Arts and Cultural Development Act of 1964." § 782. Proscription against Federal control over policy or program determination. 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 policy or program determination of any group, State, or State agency involved in the arts. (Pub. L. 88-579, § 3, Sept. 3, 1964, 78 Stat. 905.) (a) The Council shall be composed of the Chairman provided for in section 785 of this title, the Secretary of the Smithsonian Institution, ex officio, and twenty-four members appointed by the President. Such members shall be selected (1) from among private citizens of the United States who are widely recognized for their broad knowledge of or experience in, or for their profound interest in the arts; (2) so as to include practicing artists, civic cultural leaders, members of the museum profession, and others who are professionally engaged in the arts; and (3) so as collectively to provide an appropriate distribution of membership among the major art fields. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations in these fields. (b) Each member of the Council shall hold office for a term of six years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of the members first taking office shall expire, as designated by the President at the time of appointment, eight at the end of the second year, eight at the end of the fourth year, and eight at the end of the sixth year after September 3, 1964. No member of the Council shall be eligible for reappointment during the two-year period following the expiration of his term. (c) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (Pub. L. 88-579, § 5, Sept. 3, 1964, 78 Stat. 905.) § 785. Chairman; appointment; term; compensation. (a) The President shall appoint, by and with the advice and consent of the Senate, a Chairman of the Council (hereinafter referred to as the "Chairman") from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for their profound interest in, the arts. In addition, he shall advise the President with respect to the activities of the Federal Government in the arts. If a vacancy occurs in the office of the Chairman the President shall fill the vacancy in the same manner in which the original appointment was made. (b) The Chairman shall serve at the pleasure of the President, but not in excess of eight consecutive years, and shall not be eligible for reappointment during the four-year period following the expiration of his last period of service as Chairman. The provisions of this subsection shall apply to any person appointed to fill a vacancy in the office of the Chair man. (c) The Chairman shall receive compensation at the rate of $21,000 per annum, and shall be reimbursed for travel and subsistence expenses incurred by him while away from his home or regular place of business in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations. (Pub. L. 88-579, § 6, Sept. 3, 1964, 78 Stat. 906.) REFERENCES IN TEXT The Travel Expense Act of 1949, as amended, referred to in subsec. (c) is classified to sections 835-842 of Title 5, Executive Departments and Government Officers and Employees. § 786. Duties and responsibilities; meetings and quorum; considerations; reports to President and Congress. (a) The Council shall meet at the call of the Chairman but not less often than twice during each calendar year. Thirteen members of the Council shall constitute a quorum. (b) The Council shall (1) recommend ways to maintain and increase the cultural resources of the United States, (2) propose methods to encourage private initiative in the arts, (3) advise and consult with local, State, and Federal departments and agencies, on methods by which to coordinate existing resources and facilities, and to foster artistic and cultural endeavors and the use of the arts, both nationally and internationally, in the best interests of our country, and (4) conduct studies and make recommendations with a view to formulating methods or ways by which creative activity and high standards and increased opportunities in the arts may be encouraged and promoted in the best interests of the Nation's artistic and cultural progress, and a greater appreciation and enjoyment of the arts by our citizens can be encouraged and developed. (c) In selecting subjects to be studied pursuant to subsection (b) of this section, the Council (1) shall consider requests submitted to it by the heads of departments and agencies of the Federal Government, and (2) may obtain the advice of any interested and qualified persons and organizations. In making its studies pursuant to such subsection, the Council may obtain assistance from such committees and panels as may be appointed by the Chairman from among those persons professionally qualified in the fields of art with which such studies are concerned, who are recommended to him by the Council. (d) Not later than ninety days after the end of each fiscal year, the Council shall submit to the President and the Congress an annual report setting forth its activities pursuant to subsection (b) of this section. In addition, the Council shall submit to the President reports and recommendations with respect to its activities at such time or times as the President shall request or the Council deems appropriate. The President shall transmit such recommendations as he may deem fit, together with his comments thereon, to the Congress. (Pub. L. 88-579, § 7, Sept. 3, 1964, 78 Stat. 906.) § 787. Compensation of members. Members of the Council, and persons appointed to assist the Council in making its studies, while attending meetings of the Council, or while engaged in duties related to such meetings, or while engaged in the conduct of studies authorized by this title, shall receive compensation at a rate to be fixed by the Chairman, but not exceeding $75 per diem and shall be paid 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. 88-579, § 8, Sept. 3, 1964, 78 Stat. 907.) § 788. Staff; compensation; procurement of services. (a) The Chairman is authorized to appoint, subject to the civil service laws, such secretarial, clerical, and other staff assistance as is necessary to enable the Chairman and the Council, and its special committees, to carry out their functions and duties, and to fix the compensation of persons so appointed in accordance with the Classification Act of 1949. (b) The Chairman is authorized to procure in accordance with such policies as the Council shall from time to time prescribe, without regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 55a of Title 5, but at rates for individuals not in excess of $75 a day. (Pub. L. 88-579, § 9, Sept. 3, 1964, 78 Stat. 907.) REFERENCES IN TEXT The Classification Act of 1949, referred to in subsec. (a), is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees. § 789. Authorization of appropriations. There are hereby authorized to be appropriated to the Council such sums as may be necessary, not to exceed $150,000, to carry out the purposes of this chapter. (Pub. L. 88–579, § 10, Sept. 3, 1964, 78 Stat. 907.) § 790. General provisions. (a) This chapter shall not be deemed to invalidate any provision in any act of Congress or Execu § 801. Congressional findings and purpose. (a) The Congress finds that the rapid expansion of the Nation's urban areas and urban population has caused severe problems in urban and suburban development and created a national need to (1) provide special training in skills needed for economic and efficient community development and (2) support research in new or improved methods of dealing with community development problems. (b) It is the purpose of this subchapter to assist and encourage the States, in cooperation with public or private universities and colleges and urban centers, to (1) organize, initiate, develop, and expand programs which will provide special training in skills needed for economic and efficient community development to those technical and professional people who are, or are training to be, employed by a governmental or public body which has responsibilities for community development; and (2) support State and local research that is needed in connection with housing programs and needs, public improvement programing, code problems, efficient land use, urban transportation, and similar community development problems. (Pub. L. 88-560, title VIII, § 801, Sept. 2, 1964, 78 Stat. 802.) § 802. Matching grants to States. (a) Purpose. Subject to the provisions of this subchapter and in accordance with regulations prescribed by him, the Administrator may make matching grants to States to assist in (1) organizing, initiating, developing, or expanding programs to provide special training in skills needed for economic and efficient community development to those technical and professional people who are, or are training to be, employed by a governmental or public body which has responsibilities for community development; and (2) supporting State and local research that is needed in connection with housing programs and needs, public improvement programing, code programs, efficient land use, urban transportation, and similar community development problems, and collecting, collating, and publishing statistics and information relating to such research. (b) State plan; required provisions. No grants may be made to a State under this subchapter unless the Administrator has approved a plan for the State which (1) sets forth the proposed use of the funds and the objectives to be accomplished; (2) explains the method by which the required amounts from non-Federal sources will be obtained; (3) provides such fiscal control and funds accounting procedures as may be reasonably necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State under this subchapter; (4) designates an officer or agency of the State government who has responsibility and authority for the administration of a statewide research and training program as the officer or agency with responsibility and authority for the execution of the State program under this subchapter; and (5) provides that such officer or agency will make such reports to the Administrator, in such form, and containing such information, as may be reasonably necessary to enable the Administrator to perform his duties under this subchapter. (c) Matching funds from non-Federal sources. No grant may be made under this subchapter for any use unless an amount at least equal to such grant is made available from non-Federal sources for the same purpose and for concurrent use. (d) Authorization of appropriations for grants. There is authorized to be appropriated for grants under this subchapter, without fiscal year limitation, not to exceed $10,000,000. (Pub. L. 88-560, title VIII, § 802, Sept. 2, 1964, 78 Stat. 802.) § 803. Limitation on grants to any one State. Not more than 10 per centum of the total amount authorized to be appropriated by section 802 (d) of this title may be used for making grants to any one State. (Pub. L. 88-560, title VIII, § 803, Sept 2, 1964, 78 Stat. 803.) § 804. Technical assistance, studies and publication of information. In order to carry out the purpose of this subchapter, the Administrator is authorized to provide technical assistance to State and local governmental or public bodies and to undertake such studies and publish and distribute such information, either directly or by contract, as he shall determine to be desirable. Nothing contained in this subchapter shall limit any authority of the Administrator under any other provision of law. (Pub. L. 88-560, title VIII, § 804, Sept. 2, 1964, 78 Stat. 803.) § 805. Definitions; authorization of appropriations for administrative and other expenses. (a) As used in this subchapter, the term "State" means any State of the United States, District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; and the term "Administrator" means the Housing and Home Finance Administrator. (b) There are authorized to be appropriated such sums as may be necessary for administrative and other expenses in carrying out this subchapter. (Pub. L. 88-560, title VIII, § 805, Sept. 2, 1964, 78 Stat. 803.) SUBCHAPTER II.-FELLOWSHIPS FOR CITY PLANNING AND URBAN STUDIES § 811. Authorization of appropriations; selection_for fellowships; establishment of Urban Studies Fellowship Advisory Board; appointment of members; meetings; functions; transportation expenses and per diem. (a) There is hereby authorized to be appropriated not to exceed $500,000 annually, for a three-year period commencing on July 1, 1964, to be used by the Housing and Home Finance Administrator for the purpose of providing fellowships for the graduate training of professional city planning and urban and housing technicians and specialists as herein provided. Persons shall be selected for such fellowships solely on the basis of ability and upon the recommendation of the Urban Studies Fellowship Advisory Board established pursuant to subsection (b) of this section. Fellowships shall be solely for training in public and private nonprofit institutions of higher education having programs of graduate study in the field of city planning or in related fields (including architecture, civil engineering, economics, municipal finance, public administration, and sociology), which programs are oriented to training for careers in city and regional planning, housing, urban renewal, and community development. (b) There is hereby established the Urban Studies Fellowship Advisory Board (hereinafter referred to as the "Board"), which shall consist of nine members to be appointed by the Housing and Home Finance Administrator as follows: Three from public institutions of higher learning, and three from private nonprofit institutions of higher education, who are the heads of departments which provide academic courses appropriately related to the fields referred to in subsection (a) of this section, and three from national organizations which are directly concerned with problems relating to urban, regional, and community development. The Board shall meet upon the request of the Administrator and shall make recommendations to him with respect to persons to be selected for fellowships under this section. Members of the Board shall be entitled to receive transportation expenses and a per diem in lieu of subsistence as authorized for members of advisory committees created pursuant to section 1701h of Title 12. (Pub. L. 88-560, title VIII, § 810, Sept. 2, 1964, 78 Stat. 803.) Chap. TITLE 21.-FOOD AND DRUGS 1 Sec. 1. Adulterated or Misbranded Foods or Drugs... 2. Teas.... 41 FEDERAL FOOD AND DRUGS ACT OF 1906 Sections 1-5 and 7-15 of this title were based upon the Federal Food and Drugs Act, act June 30, 1906, ch. 3915, § 1, 34 Stat. 768. Subject matter similar to that act is now contained in the Federal Food, Drug, and Cosmetic Act, act June 25, 1938, ch. 675, § 1, 52 Stat. 1040, which is set out in chapter 9 of this title. Section 902 (a) of act June 25, 1938, ch. 675, 52 Stat. 1059, which repealed sections 1-5, 7-14, and 15 of this title, provided that the repeal of those sections should take effect upon the effective date of act June 25, 1938, which was to take effect twelve months after the date of its enactment. Act June 23, 1939, ch. 242, § 2 (b), 53 Stat. Page 4297 854, provided that "The provisions of such act of June 30, 1906, as amended, to the extent that they impose, or authorize the imposition of, any requirement imposed by section 403 (k) of the Federal Food, Drug, and Cosmetic Act (section 343 of this title), shall remain in force until January 1, 1940." §§ 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 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 act June 30, 1906 and related to corporate liability and definitions of "territory" and "person". For effective date of act June 25, 1938, repealing these sections, see note at beginning of this chapter. § 6. Butter defined. CODIFICATION Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title. §§ 7-14. Repealed. June 25, 1938, ch. 675, § 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 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. 5, 9, and 10 of 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 act June 25, 1938, repealing these sections, see note at beginning of this chapter. § 14a. Sea food sold in interstate commerce; examinations; fees; offenses. CODIFICATION Section 14a, act June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended Aug. 27, 1935, ch. 739, 49 Stat. 871, was transferred to section 372a of this title. § 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 act June 25, 1938, repealing this section, see note at beginning of this chapter. MISCELLANEOUS PROVISIONS § 16. 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 |