Page:United States Statutes at Large Volume 79.djvu/73

 79 STAT. ]

PUBLIC LAW 89-10-APR. 11, 1965

33

respect to the provisdon 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 fi.scal year ending June 30, 1964. a ADJUSTMENTS W H E R E NECESSITATED BY APPROPRIATIONS

"SEC. 208. If the sums appropriated for the fiscal year ending June 30, 1966, for making the payments provided in this title are not sufficient to pay in full the total amounts which all loc^l and State educational agencies are eligible to receive under this title for such year, such amounts shall be reduced ratably. I n case additional funds become available for making payments under this title for that year, such reduced amounts shall be increased on the same basis that they were reduced. "LABOR

STANDARDS

"SEC. 209. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall 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 Davis-Bacon Act, as amended (40 U.S.C. 276a— 276a-5). The Secretary of Labor shall have with respect to the labor yo'^stat^^sss"'^^' standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133Z-15) and section 2 of the xVct of June 13, 1934, as amended 64 Stat. i267. (40 U.S.C. 276c). 63 Stat. 108. "WITHHOLDING

"SEC. 210. Whenever the Commissioner, after reasonable notice and opportunity for hearing to any State educational agency, finds that there has been a failure to comply substantially with any assurance set forth in the application of that State approved under section 206(b), the Commissioner shall notify the agency that further payments will not be made to the State under this title (or, in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State under this title, or payments by the State educational agency under this title shall be limited to local educational agencies not affected by the failure, as the case may be. "JUDICIAL REVIEW

"SEC. 211. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its application submitted under section 206(a) or with his final action under section 210, such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. "(b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified

72 Stat. 941.

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