DEVELOPMENT ACT OF 1965 deficits comprising among other items the costs of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this section, may be made for up to 100 per centum of the costs thereof for the twoyear period beginning, for each component facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operations such grants shall not exceed 75 per centum of such costs. The Federal contribution may be provided entirely from funds appropriated to carry out this section or in combination with funds provided under other Federal grant-in-aid programs for the operation of health related facilities and the provisions of health and child development services, including title IV, parts A and B, and title XX of the Social Security Act. Notwithstanding any provision of the Social Security Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approved by the Commission, such State shall be considered as meeting such requirement. Notwithstanding any provision of law limiting the Federal share in such other programs, funds appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost thereof authorized by this subsection. No grant for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made after five years following the commencement of the initial grant for operation of the project, except that child development demonstrations assisted under this section during fiscal year 1979 may, upon State request, be approved under section 303 of this Act for continued support beyond that period if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations. No such grants shall be made unless the Secretary of Health and Human Services is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (79 Stat. 554; 42 U.S.C. 3134), a health-related facility constructed under title I of that Act may be a component of a demonstration health project eligible for operating grant assistance under this section. (d) The Secretary of Health and Human Services is authorized to provide funds to the Commission for the support of its Health Advisory Committee and to make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. The amount of any such grant shall not exceed 75 per centum of such expenses. The Federal contribution to such expenses of planning may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by this subsection. [See main edition for text of (e)] (As amended Pub. L. 95-193, § 1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 96-88, title V, § 509(b) Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-545, § 2, Dec. 18, 1980, 94 Stat. 3215.) REFERENCES IN TEXT The Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, as amended, referred to in subsec. (a), is Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as amended, which was clas sified principally to subchapter III (§ 2689 et seq.) of chapter 33 and chapter 75 (§ 6000 et seq.) of Title 42, The Public Health and Welfare. Such subchapter III was popularly known as the Community Mental Health Centers Act prior to repeal by Pub. L. 97-35, title IX, § 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. For complete classification of these Acts to the Code, see Tables. Section 303 of this Act, referred to in subsec. (c), is section 303 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 20, which is set out as section 303 of this Appendix. AMENDMENTS 1980-Subsec. (c). Pub. L. 96-545 substituted provi sions relating to child development demonstrations assisted during fiscal year 1979, for provisions relating to maximum amount of transitional funding. 1977-Subsec. (c). Pub. L. 95-193 inserted "except that transitional funding not to exceed 75 per centum of annual operating costs may be approved for not more than two additional years of operations for child development demonstrations if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations" following "the initial grant for operation of the project". CHANGE OF NAME "Secretary of Health and Human Services" was substituted for "Secretary of Health, Education, and Welfare" in subsecs. (a), (c), and (d), pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. STUDY OF CHILD DEVELOPMENT PROGRAMS BEING ASSISTED UNDER APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Section 2 of Pub. L. 95-193 authorized the Appala chian Regional Commission and the Department of Health, Education, and Welfare to make a full investigation and study of the child development programs being assisted under this Appendix to determine the source and nature of any problems in the phasing out of Federal assistance to such programs, to recommend solutions to such problems, and to report to Congress their findings and recommendations not later than one year after Nov. 18, 1977. § 206. Water resource survey CHANGE OF NAME The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by section 3508(b) of Title 20, Education. DEVELOPMENT ACT OF 1965 TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. PART B-SUPPLEMENTATIONS AND MODIFICATIONS OF EXISTING PROGRAMS § 211. Vocational education facilities and vocational and technical education demonstration projects TRANSFER OF FUNCTIONS For transfer of functions and offices (relating to education) of the Secretary of Health, Education, and Welfare to the Secretary of Education, and termination of certain offices and positions, see sections 3441 and 3503 of Title 20, Education. § 213. Amendments to Housing Act of 1954 REFERENCES IN TEXT Section 701(a) and 701(b) of the Housing Act of 1954, referred to in text, which was classified to section 461(a) and (b) of Title 40, Public Buildings, Property, and Works, was repealed by Pub. L. 97-35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398. § 214. Supplements to Federal grant-in-aid programs [See main edition for text of (a) and (b)] (c) The term "Federal grant-in-aid programs” as used in this section means those Federal grant-in-aid programs authorized on or before December 31, 1980, by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, 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; titles VI and XVI of the Public Health Services Act; Vocational Education Act of 1963; Library Services and Construction Act; Federal Airport Act; Airport and Airway Development Act of 1970; part IV of title III of the Communications Act of 1934; title VI (part A) and VII of the Higher Education Act of 1965; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958; Consolidated Farm and Rural Development Act; titles I and IX of the Public Works and Economic Development Act of 1965; the housing repair program for homeowners authorized by section 1319 of title 42 United States Code; grants under the Indian Health Service Act (42 Stat. 208); and title I of the Housing and Community Development Act of 1974. 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. [See main edition for text of (d)] (As amended Pub. L. 96-506, § 3(4), Dec. 8, 1980, 94 Stat. 2746.) AMENDMENTS 1980-Subsec. (c). Pub. L. 96-506 substituted "December 31, 1980" for "December 31, 1978". TITLE III-ADMINISTRATION § 302. Administrative expenses and research and demonstration projects TRANSFER OF FUNCTIONS The Federal Energy Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. § 303. Approval of development plans, investment programs, and projects SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 202 of this Appendix. TITLE IV-APPROPRIATIONS AND MISCELLANEOUS PROVISIONS § 401. Authorization of appropriations; limitation on use of funds In addition to the appropriations authorized in section 105 for administrative expenses, in section 201 for the Appalachian Development Highway System and Local Access Roads, and in section 208 for Appalachian Airport Safety Improvements, there is hereby authorized to be appropriated to the President, to be available until expended, to carry out this Act, $268,500,000 for the two-fiscal-year period ending June 30, 1971; $282,000,000 for the twofiscal-year period ending June 30, 1973; and $294,000,000 for the two-fiscal-year period ending June 30, 1975. In addition to the appropriations authorized in section 105 for administrative expenses, and in section 201(g) for the Appalachian development highway system and local access roads, there is authorized to be appropriated to the President, to be available until expended, to carry out this Act, $340,000,000 for the period beginning July 1, 1975, and ending September 30, 1977, and $300,000,000 for the two-fiscal year period ending September 30, 1979, and $300,000,000 for the two-fiscal-year period ending September 30, DEVELOPMENT ACT OF 1965 1981, and $50,000,000 for the fiscal year ending September 30, 1982. No part of the sums authorized in this section for the fiscal year ending September 30, 1982, shall be obligated for any project unless such project was undertaken with funds obligated in a previous fiscal year or is a capital project which was originally approved for funding in fiscal year 1981 and can be started and completed with funds authorized for fiscal year 1982. (As amended Pub. L. 96-506, § 3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35, title XVIII, § 1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767.) AMENDMENTS 1981-Pub. L. 97-35 substituted "$50,000,000" for "$140,000,000" and added provisions respecting obliga tion of sums authorized for the fiscal year ending Sept. 30, 1982. 1980-Pub. L. 96-506 added provisions authorizing appropriations of $300,000,000 for the two-fiscal-year period ending Sept. 30, 1981, and $140,000,000 for the fiscal year ending Sept. 30, 1982. § 405. Termination This Act, other than section 201, shall cease to be in effect on October 1, 1982. (As amended Pub. L. 96-506, § 3(6), Dec. 8, 1980, 94 Stat. 2746.) AMENDMENTS 1980-Pub. L. 96–506 substituted “1982" for "1979". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5a, 6a, 6a-1, § 6a-2. Architect of the Capitol, authority for person- Notwithstanding any other provision of law, (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.) Page 1165 § 10a. American materials required for public use SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10b, 10c, 10d, § 10b. Contracts for public works; specification for SECTION REFERRED TO IN OTHER Sections This section is referred to in sections 10c, 10d, 42 of § 10c. Definition of terms used in sections 10a and REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 42 of this title; § 10d. Clarification of Congressional intent regarding Ex. ORD. No. 10582. UNIFORM PROCEDURES FOR Ex. Ord. No. 10582, Dec. 17, 1954, 19 F.R. 8723, as [See main edition for text of Secs. 1 and 2] [See main edition for text of (a) to (c)] (d) To reject any bid or offer for materials of foreign [See main edition for text of Secs. 4 and 5] § 15. Transfers of contracts; assignments of claims; set-off against assignee TRANSFER OF FUNCTIONS The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. § 22. Interest of Member of Congress SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1514; title 10 section 2323; title 15 section 7147; title 22 sections 1472, 2676; title 33 section 702m. § 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations In any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations: [See main edition for text of (a) to (c)] (d) That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract, except that this section, or any other law or Executive order containing similar prohibitions against purchase of goods by the Federal Government, shall not apply to convict labor which satisfies the conditions of section 1761(c) of title 18; and [See main edition for text of (e)] (As amended Pub. L. 90-351, title I, § 827(b), as added Dec. 27, 1979, Pub. L. 96-157, § 2, 93 Stat. 1215.) AMENDMENTS 1979-Subsec. (d). Pub. L. 90-351, § 827(b), as added by Pub. L. 96-157, added provisions relating to convict labor which satisfies the conditions of section 1761(c) of title 18. the locality, or impair existing contracts for services, see section 827(c) of Pub. L. 90-351, as added Pub. L. 96-157, set out as a note under section 1761 of Title 18, Crimes and Criminal Procedure. EXEMPTIONS TO FEDERAL RESTRICTIONS ON MARKETABILITY OF PRISON MADE Goods Amendment of this section by Pub. L. 90-351, § 827(b), as added Pub. L. 96-157, not applicable unless representatives of local union central bodies or similar labor union organizations have been consulted prior to the initiation of any project qualifying of any exemption created by such amendment and such paid inmate employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 36, 37, 38, 39, 40, 41, 42, 43, 43a, 44, 45, 258 of this title; title 10 sections 2304, 7299; title 15 section 637; title 39 section 410. § 41. "Person" defined in Walsh-Healey provisions Whenever used in sections 35 to 45 of this title, the word "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (As amended Nov. 6, 1978, Pub. L. 95-598, title III, § 326, 92 Stat. 2679.) AMENDMENTS 1978-Pub. L. 95-598 substituted "trustees in cases under title 11" for "trustees in bankruptcy". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979. see section 402(a) of Pub. L. 95-598, set out as an Ef fective Date note preceding section 101 of Title 11, Bankruptcy. § 46. Committee for Purchase from the Blind and Other Severely Handicapped CHANGE OF NAME The Department of Health, Education, and Welfare was redesignated the Department of Health and Human Services by section 3508(b) of Title 20, Education. § 50. "Defense contractor" defined As used in sections 49 and 50 of this title the term "defense contractor" means an employer engaged in [See main edition for text of (1) and (2)] under a contract with the United States or under any contract which the President, the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, or the Secretary of Transportation certifies to such employer to be necessary to the national defense. (As amended Aug. 6, 1981, Pub. L. 97-31, § 12(16), 95 Stat. 154.) AMENDMENTS 1981-Pub. L. 97-31 substituted reference to Secretary of Transportation for reference to United States Maritime Commission. For prior transfers of functions of United States Maritime Commission, see Transfer of Functions note under this section. CHAPTER 2-TERMINATION OF WAR § 105. Contract Settlement Advisory Board; composi tion; duties There is created a Contract Settlement Advisory Board, with which the Administrator of General Services shall advise and consult. The Board shall be composed of the Administrator of General Services who shall act as its Chair |