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42 USC CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM

-HEAD-

CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM

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Sec.

2641. Congressional declaration of purpose.

2642. Acceleration of public works.

(a) Eligible areas.

(b) Authority to initiate and accelerate projects;

allocation of funds.

(c) Grants-in-aid; law governing; amount of Federal

contributions.

(d) Authorization of appropriations.

(e) Rules and regulations; considerations.

(f) Restrictions on allocated funds.

(g) Limit on allocations available for projects in

any one State.

(h) Criteria determining substantial unemployment.

2643. Increase of State or local expenditures.

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42 USC Sec. 2641 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM

-HEAD-

Sec. 2641. Congressional declaration of purpose

-STATUTE-

(a) The Congress finds that (1) certain communities and areas in

the Nation are presently burdened by substantial unemployment and

underemployment and have failed to share fully in the economic

gains of the recovery from the recession of 1960-1961 and (2)

action by the Federal Government is necessary, both to provide

immediate useful work for the unemployed and underemployed in these

communities and to help these communities, through improvement of

their facilities, to become more conducive to industrial

development and better places in which to live and work. The Nation

has a backlog of needed public projects, and an acceleration of

these projects now will not only increase employment at a time when

jobs are urgently required but will also meet longstanding public

needs, improve community services, and enhance the health and

welfare of citizens of the Nation.

(b) The Congress further finds that Federal assistance to

stimulate public works investment in order to increase employment

opportunities is most urgently needed in those areas, both urban

and rural, which qualify as redevelopment areas because they suffer

from persistent and chronic unemployment and economic

underdevelopment, as well as in other areas which have suffered

from substantial unemployment for a period of at least twelve

months.

-SOURCE-

(Pub. L. 87-658, Sec. 2, Sept. 14, 1962, 76 Stat. 542.)

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SHORT TITLE

Section 1 of Pub. L. 87-658 provided: "That this Act [enacting

this chapter and amending section 462 of former Title 40, Public

Buildings, Property, and Works, and section 1492 of this title] may

be cited as the 'Public Works Acceleration Act'."

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42 USC Sec. 2642 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM

-HEAD-

Sec. 2642. Acceleration of public works

-STATUTE-

(a) Eligible areas

For the purposes of this section the term "eligible area" means -

(1) those areas which the Secretary of Labor designates each

month as having been areas of substantial unemployment for at

least nine of the preceding twelve months; and

(2) those areas which are designated by the Secretary of

Commerce under subsections (a) and (b) of section 2504 of this

title as "redevelopment areas".

(b) Authority to initiate and accelerate projects; allocation of

funds

The President is authorized to initiate and accelerate in

eligible areas those Federal public works projects which have been

authorized by Congress, and those public works projects of States

and local governments for which Federal financial assistance is

authorized under provisions of law other than this chapter, by

allocating funds appropriated to carry out this section -

(1) to the heads of the departments, agencies, and

instrumentalities of the Federal Government responsible for the

construction of Federal public works projects, and

(2) to the heads of the departments, agencies, and

instrumentalities of the Federal Government responsible for the

administration of laws authorizing Federal financial assistance

to public works projects of State and local governments.

(c) Grants-in-aid; law governing; amount of Federal contributions

All grants-in-aid made from allocations made by the President

under this section shall be made by the head of the department,

agency, or instrumentality of the Federal Government administering

the law authorizing such grants, and, except as otherwise provided

in this subsection, shall be made in accordance with all of the

provisions of such law except (1) provisions requiring allocation

of funds among the States, and (2) limitations upon the total

amount of such grants for any period. Notwithstanding any

provisions of such law requiring the Federal contribution to the

State or local government involved to be less than a fixed portion

of the cost of a project, grants-in-aid may be made under authority

of this section which bring the total of all Federal contributions

to such project up to 50 per centum of the cost of such project, or

up to 75 per centum of the cost of such project if the State or

local government does not have economic and financial capacity to

assume all of the additional financial obligations required.

(d) Authorization of appropriations

There is authorized to be appropriated not to exceed $900,000,000

to be allocated by the President in accordance with subsection (b)

of this section, except that not less than $300,000,000 shall be

allocated for public works projects in areas designated by the

Secretary of Commerce as redevelopment areas under subsection (b)

of section 2504 of this title.

(e) Rules and regulations; considerations

The President shall prescribe rules, regulations, and procedures

to carry out this section which will assure that adequate

consideration is given to the relative needs of eligible areas. In

prescribing such rules, regulations, and procedures the President

shall consider among other relevant factors (1) the severity of the

rates of unemployment in the eligible areas and the duration of

such unemployment and (2) the income levels of families and the

extent of underemployment in eligible areas.

(f) Restrictions on allocated funds

Funds allocated by the President under this section shall be

available only for projects -

(1) which can be initiated or accelerated within a reasonably

short period of time;

(2) which will meet an essential public need;

(3) a substantial portion of which can be completed within

twelve months after initiation or acceleration;

(4) which will contribute significantly to the reduction of

local unemployment;

(5) which are not inconsistent with locally approved

comprehensive plans for the jurisdiction affected, wherever such

plans exist.

(g) Limit on allocations available for projects in any one State

Not more than 10 per centum of all amounts allocated by the

President under this section shall be made available for public

works projects within any one State.

(h) Criteria determining substantial unemployment

The criteria to be used by the Secretary of Labor in determining

areas of substantial unemployment for the purposes of paragraph (1)

of subsection (a) of this section shall be the criteria established

in section 6.3 of title 29 of the Code of Federal Regulations as in

effect May 1, 1962.

-SOURCE-

(Pub. L. 87-658, Sec. 3, Sept. 14, 1962, 76 Stat. 542.)

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REFERENCES IN TEXT

Section 2504 of this title, referred to in subsecs. (a) and (d),

was omitted from the Code.

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EXECUTIVE ORDER NO. 11049

Ex. Ord. No. 11049, Sept. 14, 1962, 27 F.R. 9203, which provided

for implementation of public works acceleration program, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

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42 USC Sec. 2643 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM

-HEAD-

Sec. 2643. Increase of State or local expenditures

-STATUTE-

(a) No part of any allocation made by the President under this

chapter shall be made available during any fiscal year to any State

or local government for any public works project, unless the

proposed or planned total expenditure (exclusive of Federal funds)

of such State or local government during such fiscal year for all

its capital improvement projects is increased by an amount

approximately equal to the non-Federal funds required to be made

available for such public works project.

(b) No part of any allocation made by the President under this

chapter shall be made available for any planning or construction,

directly or indirectly, of any school or other educational

facility.

-SOURCE-

(Pub. L. 87-658, Sec. 4, Sept. 14, 1962, 76 Stat. 543.)

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