§ 207. Assistance for planning and other preliminary expenses of proposed low- and moderate-income housing projects.

(a) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the "Secretary") is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or public bodies, for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission.

(b) No loan under subsection (a) of this section shall exceed 80 per centum of the cost of planning and obtaining financing for a project, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts. Such loans shall be made without interest, except that any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for such project. The Secretary shall require payments of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of such a loan, if he determines that a permanent loan to finance such project cannot be obtained in an amount adequate for repayment of such loan under this section.

(c) (1) Except as provided in paragraph (2) of this subsection, no grant under this section shall exceed 80 per centum of those expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of any permanent loan made to finance such project, and no such grant shall be made to an organization established for profit.

(2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section, except that no such grant shall exceed 10 per centum of the cost of such project.

(e) The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assist

ance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low or moderate income families in such areas of the region. (As amended Pub. L. 92-65, title II, § 208, Aug. 5, 1971, 85 Stat. 169.)

REFERENCES IN TEXT

Sections 221, 235, and 236 of the National Housing Act, referred to in subsec. (a), are classified respectively to sections 17157, 1715z and 1715z-1 of Title 12, Banks and Banking.

AMENDMENTS

1971-Pub. L. 92-65, § 208(a), substituted "low- and moderate-income housing projects" for "housing projects under section 221 and section 236 of the National Housing Act" in the section catchline.

Subsec. (a). Pub. L. 92-65, § 208(b), substituted provisions authorizing grants and loans for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission for provisions authorizing grants and loans for expenses of planning and obtaining insured mortgage for housing construction or rehabilitation projects, under section 221 or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission to have significant potential for future growth.

Subsec. (b). Pub. L. 92-65, § 208(b), redesignated former subsec. (c) as subsec. (b), and in subsec. (b) so redesignated, substituted "application and mortgage commitment fees, legal fees" for "Federal Housing Administration, Government National Mortgage Association and Federal National Mortgage Association fees", deleted references to section 221 or 236 in three places, and modified provisions relating to repayment of loans to permit cancellation of all or any part of the loan if the Secretary determines that a permanent loan cannot be obtained in any case except loans to profitmaking organizations. Former subsec. (b) redesignated as subsec. (c) (1) and amended.

Subsec. (c)(1). Pub. L. 92-65, § 208(b), redesignated former subsec. (b) as subsec. (c) (1), and in subsec. (c) (1) so redesignated, extended the 80 percent limitation to expenses incident to planning and obtaining financing for a housing project and exempted par. (2) from the limitation in par. (1).

Subsec. (c) (2). Pub. L. 92-65, § 208(b) added subsec. (c) (2).

Subsec. (e). Pub. L. 92-65, § 208 (c), extended to the Commission the authority to provide technical assistance for construction, rehabilitation, and operation by nonprofit organizations of low or moderate income housing units.

§ 208. Appalachian airport safety improvements.

a

(a) In order to provide a system of airports in the Appalachian region which can accommodate greater number of passengers in safety and thereby increase commerce and communication in areas with developmental potential, the Secretary of Transportation (hereafter in this section referred to as the "Secretary") is authorized to make grants to existing airports for the purpose of enhancing the safety of aviation and airport operations.

(b) Such airport safety improvement projects may include (A) approach clearance, the removal, lowering, relocation, and marking and lighting of airport hazards, navigation aids, site preparation for navigaton aids, and the acquisition of adequate safety equipment (including firefighting and rescue equipment), and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace which is necessary for such projects or to remove or mitigate or prevent or limit the establishment of, airport hazards.

(c) Grants under this section shall be made solely from funds specifically made available to the President for the purpose of carrying out this Act in accordance with the provisions of this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law.

(d) Except as context otherwise indicates, words and phrases used in this section shall have the same meaning as in the Airport and Airway Development Act of 1970 and the Federal Aviation Act of 1958, as amended.

(e) Federal assistance to any project under this section shall not exceed 90 per centum of the costs of the project, except for assistance for navigation aids which may be 100 per centum.

(f) The Secretary is authorized to incur obligations to make grants for airport safety improvement projects, in a total amount not to exceed $40,000,000 during the period ending June 30, 1975. There are authorized to be appropriated to the President such sums as may be required for liquidation of the obligations incurred under this section. (Pub. L. 89-4, title II, § 208, as added Pub. L. 92-65, title II, § 205, Aug. 5, 1971, 85 Stat. 168.)

REFERENCES IN TEXT

The Airport and Airway Development Act of 1970, referred to in subsec. (d), is classified to section 1701 et seq. of Title 49, Transportation. See short title note under section 1701 of Title 49.

The Federal Aviation Act of 1958, as amended, referred to in subsec. (d), is clasisfied to section 1301 et seq. of Title 49, Transportation. See short title note under section 1301 of Title 49.

PART B.-SUPPLEMENTATIONS AND MODIFICATIONS OF EXISTING PROGRAMS

§ 211. Vocational education facilities and vocational and technical education demonstration projects. (a) In order to provide basic facilities to give the people of the region the training and education they need to obtain employment, the Secretary of Health, Education, and Welfare is authorized to make grants for construction of the school facilities and for the equipment and operation of such facilities and other school facilities needed for the provision of vocational education in areas of the region in which such education is not now adequately available. Such grants shall be made in accordance with the provisions of the Vocational Education Act of 1933 (77 Stat. 403), without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provision of law.

(b) (1) In order to assist in the expansion and improvement of educational opportunities and services for the people of the region, the Secretary of the Department of Health, Education, and Welfare is authorized to make grants for planning, construction, equipping, and operating vocational and technical educational projects which will serve to demonstrate area wide educational planning, services, and

programs. Grants under this section shall be made solely out of funds specifically appropriated for the purposes of this Act and shall not be taken into account in any computation of allotments among the States pursuant to any other law.

(2) No grant for the construction or equipment of any component of a vocational and technical education demonstration project shall exceed 80 per centum of its costs.

(3) Grants under this section for operation of components of vocational and technical education demonstration projects, whether or not constructed by funds authorized by this Act, may be made for up to 100 per centum of the costs thereof for the two-year period beginning on the first day that such component is in operation as a part of the project. For the next three years of operation, such grants shall not exceed 75 percentum of such costs. No grants for operation of vocational and technical education demonstration projects shall be made after five years following the commencement of the initial grant for operation of the project. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3134), an educationrelated facility constructed under title I of that Act may be a component of a vocational and technical education demonstration project eligible for operating grant assistance under this section.

(4) No grant for expenses of planning necessary for the development and operation of a vocational and technical education demonstration project shall exceed 75 per centum of such expenses.

(5) No grant for planning, construction, operation, or equipment of a vocational and technical education demonstration project shall be made unless the facility is publicly owned.

(6) Any Federal contribution referred to in this section may be provided entirely from funds appropriated to carry out this section, or in combination with funds available under other Federal grant-inaid programs providing assistance for educationrelated facilities or services. Notwithstanding any provision of law limiting the Federal share in such programs, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by the applicable paragraph of this subsection. (As amended Pub. L. 92-65, title II, § 209, Aug. 5, 1971, 85 Stat. 170.)

REFERENCES IN TEXT

Section 104 of the Public Works and Economic Development Act of 1965, referred to in subsec. (b) (3), is classified to section 3134 of Title 42, The Public Health and Welfare.

Title I of that Act, referred to subsec. (b) (3), is classified to subchapter I of chapter 38 of Title 42.

AMENDMENTS

1971-Pub. L. 92-65, § 209 (a), added "and vocational and technical education demonstration projects" in the catchline.

Subsec. (a). Pub. L. 92-65, § 209 (b), extended the authority of the Secretary to make grants for the operation of school facilities.

Subsec. (b). Pub. L. 92-65, § 209 (c), substituted pars. (1) to (6) for provisions authorizing $26,000,000 for the two-fiscal-year period ending June 30, 1969 out of the total appropriations authorized under section 401 of this Appendix.

§ 214. Supplements to Federal grant-in-aid programs. (a) In order to enable the people, States, and local communities of the region, including local development districts, to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, or for which there are insufficient funds available under the Federal grantin-aid Act authorizing such programs to meet pressing needs of the region, the President is authorized to provide funds to the Federal Cochairman to be used for all or any portion of the basic Federal contribution to projects under such Federal grant-inaid programs authorized by Federal grant-in-aid Acts, and for the purpose of increasing the Federal contribution to projects under such programs, as hereafter defined, above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. In the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant-in-aid program is proposed to be made under this subsection, no such Federal contribution shall be made until the responsible Federal official administering the Federal grant-in-aid Act authorizing such contribution certifies that such program or project meets the applicable requirements of such Federal grant-in-aid Act and could be approved for Federal contribution under such Act if funds were available under such Act for such program or project. Funds may be provided for programs and projects in a State under this subsection only if the Commission determines that the level of Federal and State financial assistance under Acts other than this Act, for the same type of programs or projects in that portion of the State within the region, will not be diminished in order to substitute funds authorized by this subsection. Funds provided pursuant to this Act shall be available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other Act. Any findings, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant-in-aid program shall be accepted by the Federal Cochairman with respect to a supplemental grant for any project under such program.

(c) The term "Federal grant-in-aid programs" as used in this section means those Federal grant-inaid programs authorized by this Act for the construction or equipment of facilities, and all other Federal grant-in-aid programs authorized on or before December 31, 1974, by Acts other than this Act for the acquisition of land or the construction or equipment of facilities, including but not limited to grant-in-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; title VI of the Public Health Service Act; Vocational Education Act of 1963; Library Services Act; Federal Airport Act; Airport and Airway Development Act of

1970; part IV of title III of the Communications Act of 1934; Higher Education Facilities Act of 1963; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958. The term shall not include (A) the program for the construction of the development highway system authorized by section 201 of this Act or any other program relating to highway or road construction, or (B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. For the purpose of this section, any sewage treatment works constructed pursuant to section 8(c) of the Federal Water Pollution Control Act without Federal grant-in-aid assistance under such section shall be regarded as if constructed with such assistance.

(As amended Pub. L. 92-65, title II, § 210, Aug. 5, 1971, 85 Stat. 171.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-65, § 210(a), extended the authority to make basic grants when funds available under a basic Federal grant-in-aid program are insufficient, provided that the Federal official administering the program certifies that the program or project to be funded meets the requirements of the program, on a finding by the Commission that the level of Federal and state assistance to the Appalachian region under other acts will not be diminished by the substitution of funds authorized by this subsection.

Subsec. (c). Pub. L. 92-65, § 210(b), substituted “December 31, 1974" for "December 31, 1970".

(2) to make grants to the Commission for investigation, research, studies, evaluations, and assessments of needs, potentials, or attainments of the people of the region, technical assistance, training programs, demonstrations, and the construction of necessary facilities incident to such activities, which will further the purposes of this Act. Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section

Sec. 48a. 48b. 48c.

Chapter 1.-GENERAL PROVISIONS

Audit [New].

Definitions [New].

Authorization of appropriations [New].

§ 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government Corporations. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 475; title 20 section 1070d-1; title 33 section 1254; title 38 sections 806, 5073; title 42 sections 286d, 287b, 2951-2, 295f-4, 296d, 298c-7.

§ 46. Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped.

(a) Establishment.

There is established a committee to be known as the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped (hereafter in sections 46 to 48c of this title referred to as the "Committee"). The Committee shall be composed of fourteen members appointed as follows:

(1) The President shall appoint as a member one officer or employee from each of the following: The Department of Agriculture, the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Health, Education, and Welfare, the Department of Commerce, the Veterans' Administration, the Department of Justice, the Department of Labor, and the General Services Administration. The head of each such department and agency shall nominate one officer or employee in his department or agency for appointment under this paragraph.

(2) (A) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of the blind and other severely handicapped individuals.

(B) The President shall appoint one member from persons who are not officers or employees of the Government and who represent blind individuals employed in qualified nonprofit agencies for the blind.

(C) The President shall appoint one member from persons who are not officers or employees of the Government and who represent severely handicapped individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely handicapped individuals.

(b) Vacancy.

A vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made.

(c) Chairman.

The members of the Committee shall elect one of their number to be Chairman.

Page 1003

(d) Terms.

(1) Except as provided in paragraphs (2) and (3), members appointed under paragraph (2) of subsection (a) of this section shall be appointed for terms of five years. Any member appointed to the Committee under such paragraph may be reappointed to the Committee if he meets the qualifications prescribed by that paragraph.

(2) Of the members first appointed under paragraph (2) of subsection (a) of this section

(A) one shall be appointed for a term of three years,

(B) one shall be appointed for a term of four years, and

(C) one shall be appointed for a term of five years, as designated by the President at the time of appointment.

(3) Any member appointed under paragraph (2) of subsection (a) of this section to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member appointed under such paragraph may serve after the expiration of his term until his successor has taken office.

(e) Pay and travel expenses.

(1) Except as provided in paragraph (2), members of the Committee shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of services for the Committee.

(2) Members of the Committee who are officers or employees of the Government shall receive no additional pay on account of their service on the Committee.

(3) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 (b) of Title 5. (f) Staff.

(1) Subject to such rules as may be adopted by the Committee, the Chairman may appoint and fix the pay of such personnel as the Committee determines are necessary to assist it in carrying out its duties and powers under sections 46 to 48c of this title.

(2) Upon request of the Committee, the head of any entity of the Government is authorized to detail, on a reimbursable basis, any of the personnel of such entity to the Committee to assist it in carrying out its duties and powers under section 46 to 48c of this title.