4

5

7

agency as that agency

(b) Not less than one hundred twenty days prior to the beginning of any fiscal year ending after June 30, 1973, the appointing authority under subsection (a) of this section

shall inform the Secretary of the establishment of, and mem8 bership of, its State Advisory Council. The Secretary shall, upon receiving such information, certify that each such 10 council is in compliance with the membership requirements

9

11 set forth in subsection (a) (1) of this section.

12

(c) Each State Advisory Council shall meet within

13 thirty days after certification has been accepted by the Sec

14

345

retary under subsection (b) of this section and select from 15 among its membership a chairman. The time, place, and 16 manner of subsequent meetings shall be provided by the 17 rules of the State Advisory Council, except that such rules

18

must provide that each such council meet at least four times 19 each year, including at least one public meeting at which

the public is given the opportunity to express views concern

ing vocational rehabilitation.

(d) Each State Advisory Council is authorized to ob

tain the services of such professional, technical, and clerical

personnel as may be necessary to enable them to carry out

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1

GENERAL GRANT AND CONTRACT REQUIREMENTS

2 SEC. 212. (a) The provisions of this section shall apply 3 to all projects (including annual interest grants) approved 4 and assisted under this title. The Secretary shall insure 5 compliance with this section prior to making any grant or 6 entering into any contract or agreement under this title, 7 except projects authorized under sections 201, 208, 210, 8 and 211.

9 (b) To be approved, an application for assistance for 10 a construction project under this title must

(1) contain or be supported by reasonable assurances that (A) for a period of not less than twenty years after completion of construction of the project it will be

used as a public or nonprofit facility, (B) sufficient funds will be available to meet the non-Federal share of the

cost of construction of the project, and (C) sufficient funds will be available, when construction of the proj

ect is completed, for its effective use for its intended

purpose;

(2) provide that Federal funds provided to any agency or organization under this title will be used only

for the purposes for which provided and in accordance

with the applicable provisions of this section and the section under which such funds are provided;

(3) provide that the agency or organization re

79

1 ceiving Federal funds under this title will make an

2

annual report to the Secretary, which he shall sum

3

marize and comment upon in his annual report to the

4 Congress submitted under section 404;

(4) be accompanied or supplemented by plans and specifications in which due consideration shall be given to excellence of architecture and design, and to the inclusion of works of art (not representing more than 1 per centum of the cost of the project), and which comply with regulations of the Secretary relating to minimum standards of construction and equipment (promulgated

with particular emphasis on securing compliance with the requirements of the Architectural Barriers Act of

1968 (Public Law 90-480)), and with regulations of the Secretary of Labor relating to occupational health and safety standards for rehabilitation facilities; and

(5) contain or be supported by reasonable assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by payments pursuant to any grant under this section 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 ac

cordance with Davis-Bacon Act, as amended (40 U.S.C. 276a-276a5); and the Secretary of Labor shall have,

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1

2

3

4

5

6

with respect to the labor standards specified in this para

graph, the authority and functions set forth in Reor

ganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

(c) Upon approval of any application for a grant for a 7 project under this section, the Secretary shall reserve, from

8

any appropriation available therefor, the amount of such

9 grant determined under this title. In case an amendment to

10

an approved application is approved, or the estimated cost 11 of a project is revised upward, any additional payment with 12 respect thereto may be made from the appropriation from 13 which the original reservation was made or the appropria14 tion for the fiscal year in which such amendment or revision 15 is approved.

16

(d) If, within twenty years after completion of any 17 construction project for which funds have been paid under 18 this section, the facility shall cease to be a public or non19 profit facility, the United States shall be entitled to recover 20 from the applicant or other owner of the facility the amount 21 bearing the same ratio to the then value (as determined by

222

agreement of the parties or by action brought in the United 23 States district court for the district in which such facility 24 is situated) of the facility, as the amount of the Federal 25 participation bore to the cost of construction of such facility.

81

1 (e) Payment of grants or reservation of funds made 2 pursuant to this title may be made (after necessary adjust3 ment on account of previously made overpayments or under4 payments) in advance or by way of reimbursement, and in 5 such installments and on such conditions, as the Secretary 6 may determine.

7 (f) A project for construction of a rehabilitation facility 8 which is primarily a workshop may, where approved by the 9 Secretary as necessary to the effective operation of the facil10 ity, include such construction as may be necessary to pro11 vide residential accommodations for use in connection with 12 the rehabilitation of handicapped individuals.

13

(g) No funds provided under this title may be used to 14 assist in the construction of any facility which is or will be

15 used for religious worship or any sectarian activity.

16

(h) If any funds provided under this title will be used 17 for providing direct services to handicapped individuals or 18 for establishing facilities which will provide such services,

19

such services must be carried out in a manner not inconsistent

20 with the State plan approved pursuant to section 101.

(i) Prior to making any grant or entering into any

contract under this title, the Secretary shall afford reason

able opportunity to the State agency or agencies designated

pursuant to section 101 to comment on such grant or contract.