-CITE-

42 USC CHAPTER 80 - PUBLIC WORKS EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

-HEAD-

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

-MISC1-

SUBCHAPTER I - LOCAL PUBLIC WORKS

Sec.

6701. Definitions.

6702. Direct grants; Federal share.

6703. Grants supplementing Federal contributions under other

Federal laws; Federal share.

6704. Grants providing State or local contributions required

under State or local law.

6705. Limitations on use of grants.

(a) Projects relating to natural watercourse or

canals.

(b) Acquisition of interest in real property.

(c) Maintenance costs.

(d) Commencement of on-site labor within 90 days of

project approval as prerequisite.

(e) Performance of projects by State or local

governments prohibited; competitive bidding;

illegal aliens.

(f) Use of products made in United States; minority

business enterprises.

(g) Accessibility standards for handicapped and

elderly.

6706. Implementing rules, regulations, and procedures;

criteria; employment of disabled and Vietnam-era

veterans; determination of applications for grants.

6707. Priority and amounts of projects.

(a) Allocation of appropriated funds; Indian tribes

and Alaska Native villages; prior

applications; unemployment ratio; limits on

grants for any one State; territories.

(b) Local government projects; energy conservation;

endorsement of project by general purpose

local government; projects requested by school

districts.

(c) Unemployment rates; priority; States receiving

minimum allocations.

(d) Priorities for projects in State or localities

with two or more projects.

(e) Community or neighborhood basis of unemployment

rates.

(f) Repealed.

(g) Criteria for requests.

(h) Applications not submitted on or before

December 23, 1976; grants prohibited;

exceptions.

(i) Substitution of projects to alleviate drought

or other emergency or disaster-related

conditions or damage.

(j) Private nonprofit health care or rehabilitation

facilities.

6708. Wage standards for laborers and mechanics;

enforcement.

6709. Sex discrimination; prohibition; enforcement.

6710. Authorization of appropriations.

SUBCHAPTER II - ANTIRECESSION PROVISIONS

6721. Congressional findings of fact and declaration of

policy.

6722. Financial assistance.

(a) Payments to State and local governments.

(b) Authorization of appropriations.

(c) Aggregate authorization.

(d) Termination.

6723. Allocation of amounts.

(a) Reservations for eligible States and units of

local government.

(b) State allocation; percentage; definitions.

(c) Local government allocation; percentage;

definitions; special limitation.

6724. Uses of payments.

6725. Statement of assurances as prerequisite for payments;

rules governing time and manner of filing; contents

of statement.

6726. Repealed.

6727. Nondiscrimination.

6728. Wage standards for laborers and mechanics;

enforcement.

6729. Reports to Secretary by States and local governments;

contents.

6730. Payments.

(a) Time and amount.

(b) Adjustments.

(c) Termination.

6731. Economization by State and local governments;

statement of assurances, etc., required.

6732. Withholding of payments for failure to comply with

statement of assurances; procedures applicable.

6733. Repealed.

6734. Administration; rules; authorization of

appropriations.

6735. Program studies and recommendations; evaluation;

countercyclical study.

6736. Authorization of appropriations for Puerto Rico, Guam,

American Samoa, and Virgin Islands.

(a) Authorizations for five calendar quarters

beginning July 1, 1977.

(b) Allocations.

(c) Payments to local governments.

-End-

-CITE-

42 USC SUBCHAPTER I - LOCAL PUBLIC WORKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

SUBCHAPTER I - LOCAL PUBLIC WORKS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3211 of this title.

-End-

-CITE-

42 USC Sec. 6701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6701. Definitions

-STATUTE-

As used in this subchapter, the term -

(1) "Secretary" means the Secretary of Commerce, acting through

the Economic Development Administration.

(2) "State" includes the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, and the Trust Territory of the Pacific

Islands.

(3) "local government" means any city, county, town, parish, or

other political subdivision of a State, and any Indian tribe.

(4) "public works project" includes a project for the

transportation and provision of water to a drought-stricken area.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 102, July 22, 1976, 90 Stat. 999;

Pub. L. 95-28, title I, Sec. 102, May 13, 1977, 91 Stat. 116.)

-MISC1-

AMENDMENTS

1977 - Par. (2). Pub. L. 95-28, Sec. 102(a), inserted reference

to Trust Territory of the Pacific Islands.

Par. (4). Pub. L. 95-28, Sec. 102(b), added par. (4).

SHORT TITLE OF 1977 AMENDMENTS

Pub. L. 95-30, title VI, Sec. 601, May 23, 1977, 91 Stat. 164,

provided that: "This title [enacting section 6736 of this title,

amending sections 6722 to 6724, 6727, and 6735 of this title, and

repealing section 6726 of this title] may be cited as the

'Intergovernmental Antirecession Assistance Act of 1977'."

Section 101 of title I of Pub. L. 95-28 provided that: "This

title [amending sections 6701, 6705 to 6708, and 6710 of this title

and enacting provisions set out as notes under sections 6701 and

6710 of this title] may be cited as the 'Public Works Employment

Act of 1977'."

SHORT TITLE

Section 1 of Pub. L. 94-369 provided: "That this Act [enacting

this chapter and provision set out as a note under section 1287 of

Title 33, Navigation and Navigable Waters] may be cited as the

'Public Works Employment Act of 1976'."

Section 101 of title I of Pub. L. 94-369 provided that: "This

title [enacting this subchapter] may be cited as the 'Local Public

Works Capital Development and Investment Act of 1976'."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

PUBLIC WORKS INVESTMENT STUDY; PRELIMINARY REPORT; FINAL REPORT

WITHIN 18 MONTHS AFTER MAY 13, 1977

Section 110 of Pub. L. 95-28 directed Secretary of Commerce to

study public works investment in United States and implications for

future of recent trends in such investment and submit a report with

respect to its findings and recommendations no later than 18 months

after May 13, 1977.

-End-

-CITE-

42 USC Sec. 6702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6702. Direct grants; Federal share

-STATUTE-

(a) The Secretary is authorized to make grants to any State or

local government for construction (including demolition and other

site preparation activities), renovation, repair, or other

improvement of local public works projects including but not

limited to those public works projects of State and local

governments for which Federal financial assistance is authorized

under provisions of law other than this chapter. In addition the

Secretary is authorized to make grants to any State or local

government for the completion of plans, specifications, and

estimates for local public works projects where either

architectural design or preliminary engineering or related planning

has already been undertaken and where additional architectural and

engineering work or related planning is required to permit

construction of the project under this chapter.

(b) The Federal share of any project for which a grant is made

under this section shall be 100 per centum of the cost of the

project.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 103, July 22, 1976, 90 Stat. 999.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6705 of this title.

-End-

-CITE-

42 USC Sec. 6703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6703. Grants supplementing Federal contributions under other

Federal laws; Federal share

-STATUTE-

In addition to the grants otherwise authorized by this chapter,

the Secretary is authorized to make a grant for the purpose of

increasing the Federal contribution to a public works project for

which Federal financial assistance is authorized under provisions

of law other than this chapter. Any grant made for a public works

project under this section shall be in such amount as may be

necessary to make the Federal share of the cost of such project 100

per centum. No grant shall be made for a project under this section

unless the Federal financial assistance for such project authorized

under provisions of law other than this chapter is immediately

available for such project and construction of such project has not

yet been initiated because of lack of funding for the non-Federal

share.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 104, July 22, 1976, 90 Stat. 999.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6705 of this title.

-End-

-CITE-

42 USC Sec. 6704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6704. Grants providing State or local contributions required

under State or local law

-STATUTE-

In addition to the grants otherwise authorized by this chapter,

the Secretary is authorized to make a grant for the purpose of

providing all or any portion of the required State or local share

of the cost of any public works project for which financial

assistance is authorized under any provision of State or local law

requiring such contribution. Any grant made for a public works

project under this section shall be made in such amount as may be

necessary to provide the requested State or local share of the cost

of such project. A grant shall be made under this section for

either the State or local share of the cost of the project, but not

both shares. No grant shall be made for a project under this

section unless the share of the financial assistance for such

project (other than the share with respect to which a grant is

requested under this section) is immediately available for such

project and construction of such project has not yet been

initiated.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 105, July 22, 1976, 90 Stat. 999.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6705 of this title.

-End-

-CITE-

42 USC Sec. 6705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6705. Limitations on use of grants

-STATUTE-

(a) Projects relating to natural watercourse or canals

No grant shall be made under section 6702, 6703, or 6704 of this

title for any project having as its principal purpose the

channelization, damming, diversion, or dredging of any natural

watercourse, or the construction or enlargement of any canal (other

than a canal or raceway designated for maintenance as an historic

site) and having as its permanent effect the channelization,

damming, diversion, or dredging of such watercourse or construction

or enlargement of any canal (other than a canal or raceway

designated for maintenance as an historic site).

(b) Acquisition of interest in real property

No part of any grant made under section 6702, 6703, or 6704 of

this title shall be used for the acquisition of any interest in

real property.

(c) Maintenance costs

Nothing in this chapter shall be construed to authorize the

payment of maintenance costs in connection with any projects

constructed (in whole or in part) with Federal financial assistance

under this chapter.

(d) Commencement of on-site labor within 90 days of project

approval as prerequisite

Grants made by the Secretary under this chapter shall be made

only for projects for which the applicant gives satisfactory

assurances, in such manner and form as may be required by the

Secretary and in accordance with such terms and conditions as the

Secretary may prescribe, that, if funds are available, on-site

labor can begin within ninety days of project approval.

(e) Performance of projects by State or local governments

prohibited; competitive bidding; illegal aliens

(1) No part of the construction (including demolition and other

site preparation activities), renovation, repair, or other

improvement of any public works project for which a grant is made

under this chapter after May 13, 1977, shall be performed directly

by any department, agency, or instrumentality of any State or local

government. Construction of each such project shall be performed by

contract awarded by competitive bidding, unless the Secretary shall

affirmatively find that, under the circumstances relating to such

project, some other method is in the public interest. Contracts for

the construction of each project shall be awarded only on the basis

of the lowest responsive bid submitted by a bidder meeting

established criteria of responsibility. No requirement or

obligation shall be imposed as a condition precedent to the award

of a contract to such bidder for a project, or to the Secretary's

concurrence in the award of a contract to such bidder, unless such

requirement or obligation is otherwise lawful and is specifically

set forth in the advertised specifications.

(2) No grant shall be made under this chapter for any local

public works project unless the State or local government applying

for such grant submits with its application a certification

acceptable to the Secretary that no contract will be awarded in

connection with such project to any bidder who will employ on such

project any alien in the United States in violation of the

Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any

other law, convention, or treaty of the United States relating to

the immigration, exclusion, deportation, or expulsion of aliens.

(f) Use of products made in United States; minority business

enterprises

(1)(A) Notwithstanding any other provision of law, no grant shall

be made under this chapter for any local public works project

unless only such unmanufactured articles, materials, and supplies

as have been mined or produced in the United States, and only such

manufactured articles, materials, and supplies as have been

manufactured in the United States substantially all from articles,

materials, and supplies mined, produced, or manufactured, as the

case may be, in the United States, will be used in such project.

(B) Subparagraph (A) of this paragraph shall not apply in any

case where the Secretary determines it to be inconsistent with the

public interest, or the cost to be unreasonable, or if articles,

materials, or supplies of the class or kind to be used or the

articles, materials, or supplies from which they are manufactured

are not mined, produced, or manufactured, as the case may be, in

the United States in sufficient and reasonably available commercial

quantities and of a satisfactory quality.

(2) Except to the extent that the Secretary determines otherwise,

no grant shall be made under this chapter for any local public

works project unless the applicant gives satisfactory assurance to

the Secretary that at least 10 per centum of the amount of each

grant shall be expended for minority business enterprises. For

purposes of this paragraph, the term "minority business enterprise"

means a business at least 50 per centum of which is owned by

minority group members or, in case of a publicly owned business, at

least 51 per centum of the stock of which is owned by minority

group members. For the purposes of the preceding sentence, minority

group members are citizens of the United States who are Negroes,

Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts.

(g) Accessibility standards for handicapped and elderly

No grant shall be made under this chapter for any project for

which the applicant does not give assurances satisfactory to the

Secretary that the project will be designed and constructed in

accordance with the standards for accessibility for public

buildings and facilities to the handicapped and elderly under the

Act entitled "An Act to insure that certain buildings financed with

Federal funds are so designed and constructed as to be accessible

to the physically handicapped", approved August 12, 1968 (42 U.S.C.

4151 et seq.). The Architectural and Transportation Barriers

Compliance Board established by the Rehabilitation Act of 1973

(P.L. 93-112) [29 U.S.C. 701 et seq.] is authorized to insure that

any construction and renovation done pursuant to any grant made

under this chapter complies with the accessibility standards for

public bunldings (!1) and facilities issued under the Act of August

12, 1968.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 106, July 22, 1976, 90 Stat. 1000;

Pub. L. 95-28, title I, Sec. 103, May 13, 1977, 91 Stat. 116.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(e)(2), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

Act of August 12, 1968, entitled "An Act to insure that certain

buildings financed with Federal funds are so designed and

constructed as to be accessible to the physically handicapped",

referred to in subsec. (g), is Pub. L. 90-480, Aug. 12, 1968, 82

Stat. 718, as amended, popularly known as the Architectural

Barriers Act of 1968, which is classified generally to chapter 51

(Sec. 4151 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

4151 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (g), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-MISC1-

AMENDMENTS

1977 - Subsecs. (e) to (g). Pub. L. 95-28 added subsecs. (e) to

(g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6707 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "buildings".

-End-

-CITE-

42 USC Sec. 6706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6706. Implementing rules, regulations, and procedures;

criteria; employment of disabled and Vietnam-era veterans;

determination of applications for grants

-STATUTE-

The Secretary shall, not later than thirty days after July 22,

1976, prescribe those rules, regulations, and procedures (including

application forms) necessary to carry out this chapter. Such rules,

regulations, and procedures shall assure that adequate

consideration is given to the relative needs of various sections of

the country. The Secretary shall consider among other factors (1)

the severity and duration of unemployment in proposed project

areas, (2) the income levels and extent of underemployment in

proposed project area, and (3) the extent to which proposed

projects will contribute to the reduction of unemployment. The

Secretary, in consultation with the Secretary of Labor, and

consistent with existing applicable collective bargaining

agreements and practices, shall promulgate regulations to assure

special consideration to the employment in projects under this

chapter of qualified disabled veterans (as defined in section

4211(1) of title 38) and qualified Vietnam-era veterans (as defined

in section 4211(2) of such title 38). The Secretary shall make a

final determination with respect to each application for a grant

submitted to him under this chapter not later than the sixtieth day

after the date he receives such application. Failure to make such

final determination within such period shall be deemed to be an

approval by the Secretary of the grant requested. For purposes of

this section, in considering the extent of unemployment or

underemployment, the Secretary shall consider the amount of

unemployment or underemployment in the construction and

construction-related industries.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 107, July 22, 1976, 90 Stat. 1000;

Pub. L. 95-28, title I, Sec. 104, May 13, 1977, 91 Stat. 117; Pub.

L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L.

103-446, title XII, Sec. 1203(c)(3), Nov. 2, 1994, 108 Stat. 4690.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-446, which directed substitution of "section

4211(2)" for "section 4211(2)(A)" and "section 4211(1)" for

"section 2011(1)", was executed by substituting "section 4211(2)"

for "section 4211(2)(A)". Previously, "section 4211(1)" was

substituted for "section 2011(1)" by Pub. L. 103-83. See 1991

Amendment note below.

1991 - Pub. L. 102-83 substituted references to section 4211 of

title 38 for references to section 2011 of title 38 in two places.

1977 - Pub. L. 95-28 inserted provision directing Secretary to

promulgate regulations to assure special consideration to

employment in projects of qualified disabled veterans and qualified

Vietnam-era veterans.

-End-

-CITE-

42 USC Sec. 6707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6707. Priority and amounts of projects

-STATUTE-

(a) Allocation of appropriated funds; Indian tribes and Alaska

Native villages; prior applications; unemployment ratio; limits

on grants for any one State; territories

The Secretary shall allocate funds appropriated after May 13,

1977, under section 6710 of this title as follows:

(1) 2 1/2 per centum of such funds shall be set aside and

shall be expended only for grants for public works projects under

this chapter to Indian tribes and Alaska Native villages. None of

the remainder of such funds shall be expended for such grants to

such tribes and villages.

(2) After the set aside required by paragraph (1) of this

subsection, $70,000,000 shall be set aside and expended only for

grants for any public works project the application for a grant

for which was made under this chapter after July 22, 1976, and

before December 24, 1976, and which application was not received,

was not considered, or was rejected solely because of an error by

an officer or employee of the United States. Any allocation made

to an applicant pursuant to regulation shall be reduced by the

amount of any grant made to such applicant under this paragraph.

(3) After the set asides required by paragraphs (1) and (2) of

this subsection, 65 per centum of such funds shall be allocated

among the States on the basis of the ratio that the number of

unemployed persons in each State bears to the total number of

unemployed persons in all the States and 35 per centum of such

funds shall be allocated among those States with an average

unemployment rate for the preceding twelve-month period in excess

of 6.5 per centum on the basis of the relative severity of

unemployment in each such State, except that (A) no State shall

be allocated less than three-quarters of one per centum or more

than 12 1/2 per centum of such funds for local public works

projects within such State, except that in the case of Guam, the

Virgin Islands, American Samoa, and the Trust Territory of the

Pacific Islands, not less than one-half of one per centum in the

aggregate shall be granted for such projects in all four of these

jurisdictions, and (B) no State whose unemployment data was

converted for the first time in 1976 to the benchmark data of the

current population survey annual average compiled by the Bureau

of Labor Statistics shall receive a percentage of such funds less

than the percentage of funds allocated to such State under this

chapter from funds appropriated to carry out this chapter prior

to May 13, 1977.

(b) Local government projects; energy conservation; endorsement of

project by general purpose local government; projects requested

by school districts

(1) In making grants under this chapter, the Secretary shall give

priority and preference to public works projects of local

governments.

(2) In making grants for projects for construction, renovation,

repair, or other improvement of buildings, the Secretary shall also

give consideration as between such building projects to those

projects which will result in conserving energy, including, but not

limited to, projects to redesign and retrofit existing public

facilities for energy conservation purposes, and projects using

alternative energy systems.

(3) In making grants under this chapter, the Secretary shall also

give priority and preference to any public works project requested

by a State or by a special purpose unit of local government which

is endorsed by a general purpose local government within such

State.

(4) A project requested by a school district shall be accorded

the full priority and preference to public works projects of local

governments provided in paragraph (1).

(c) Unemployment rates; priority; States receiving minimum

allocations

In making grants under this chapter, if for the twelve most

recent consecutive months, the national unemployment rate is equal

to or exceeds 6 1/2 per centum, the Secretary shall (1) expedite

and give priority to applications submitted by States or local

governments having unemployment rates for the twelve most recent

consecutive months in excess of the national unemployment rate and

(2) shall give priority thereafter to applications submitted by

States or local governments having unemployment rates for the

twelve most recent consecutive months in excess of 6 1/2 per

centum, but less than the national unemployment rate. Information

regarding unemployment rates may be furnished either by the Federal

Government, or by States or local governments, provided the

Secretary determines that the unemployment rates furnished by

States or local governments are accurate, and shall provide

assistance to States or local governments in the calculation of

such rates to insure validity and standardization. The Secretary

may waive the application of the first sentence of this subsection

to any State which receives a minimum allocation pursuant to

paragraph (3) of subsection (a) of this section.

(d) Priorities for projects in State or localities with two or more

projects

Whenever a State or local government submits applications for

grants under this chapter for two or more projects, such State or

local government shall submit as part of such applications its

priority for each such project.

(e) Community or neighborhood basis of unemployment rates

The unemployment rate of a local government shall, for the

purposes of this chapter, and upon request of the applicant, be

based upon the unemployment rate of any community or neighborhood

(defined without regard to political or other subdivisions or

boundaries) within the jurisdiction of such local government,

except that any grant made to a local government based upon the

unemployment rate of a community or neighborhood within its

jurisdiction must be for a project to be constructed in such

community or neighborhood.

(f) Repealed. Pub. L. 95-28, title I, Sec. 107(e), May 13, 1977, 91

Stat. 119

(g) Criteria for requests

States and local governments making application under this

chapter should (1) relate their specific requests to existing

approved plans and programs of a local community development or

regional development nature so as to avoid harmful or costly

inconsistencies or contradictions; and (2) where feasible, make

requests which, although capable of early initiation, will promote

or advance longer range plans and programs.

(h) Applications not submitted on or before December 23, 1976;

grants prohibited; exceptions

(1) Except as provided in paragraph (2) of this subsection, the

Secretary shall not consider or approve or make a grant for any

project for which any application was not submitted for a grant

under this chapter on or before December 23, 1976.

(2) The Secretary may receive applications for grants for

projects under this chapter -

(A) from the Trust Territory of the Pacific Islands;

(B) from Indian tribes and Alaska Native villages;

(C) from any applicant to use any allocation which may be made

pursuant to regulation, to the extent necessary to expend such

allocation, if a sufficient number of applications were not

submitted on or before December 23, 1976, to use such allocation.

(i) Substitution of projects to alleviate drought or other

emergency or disaster-related conditions or damage

The Secretary may allow any applicant which has received a grant

for a project under this chapter to substitute one or more projects

for such project if in the judgment of the Secretary (1) the

Federal cost in the aggregate of such substituted project or

projects does not exceed such grant, (2) such substituted project

or projects comply with section 6705(d) of this title, and (3) such

substituted project or projects will in fact aid in alleviating

drought or other emergency or disaster-related conditions or

damage. Section 6705(a) of this title shall not apply to projects

substituted under this subsection.

(j) Private nonprofit health care or rehabilitation facilities

Notwithstanding subsection (h)(1) of this section, grants may be

made from appropriations made under section 6710 of this title

after September 30, 1977, to States or local governments for

projects for the construction, renovation, repair, or other

improvements of health care or rehabilitation facilities owned and

operated by private nonprofit entities.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 108, July 22, 1976, 90 Stat. 1000;

Pub. L. 95-28, title I, Secs. 105-107, May 13, 1977, 91 Stat. 117,

118.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-28, Sec. 105, added par. (1) and

introductory provisions preceding par. (1), par. (2), and, in par.

(3), introductory provisions preceding cl. (A) and cl. (B),

designated existing provisions as cl. (A) of par. (3) and, in such

cl. (A) as so designated, inserted reference to Trust Territory of

the Pacific Islands and substituted "three-quarters of one

percentum" for "one-half of one percentum" and "of such funds" for

"of all amounts appropriated to carry out this subchapter".

Subsec. (b). Pub. L. 95-28, Sec. 106, designated existing

provisions as par. (1) and added pars. (2) to (4).

Subsec. (c). Pub. L. 95-28, Sec. 107(a), (b), substituted "twelve

most recent consecutive months" for "three most recent consecutive

months" and authorized the Secretary to waive the application of

the first sentence of the subsection to any State which receives a

minimum allocation pursuant to subsec. (a)(3) of this section.

Subsec. (d). Pub. L. 95-28, Sec. 107(c), substituted provisions

directing State or local governments that submit two or more

projects to submit as part of their applications the priorities

assigned to each project for provisions directing that seventy

percentum of all amounts appropriated to carry out this chapter be

granted for public works projects submitted by State or local

governments given priority under clause (1) of the first sentence

of subsec. (c) of this section, with the remaining thirty percentum

available for public works projects submitted by State or local

governments in other classifications of priority.

Subsec. (e). Pub. L. 95-28, Sec. 107(d), substituted "to be

constructed in such community or neighborhood" for "of direct

benefit to, or provide employment for, unemployed persons who are

residents of that community or neighborhood".

Subsec. (f). Pub. L. 95-28, Sec. 107(e), struck out subsec. (f)

which directed that, in determining the unemployment rate of a

local government for purposes of this section, the unemployment in

those adjoining areas from which the labor force for such project

might be drawn were to be taken into consideration.

Subsecs. (h) to (j). Pub. L. 95-28, Sec. 107(f), added subsecs.

(h) to (j).

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 6708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6708. Wage standards for laborers and mechanics; enforcement

-STATUTE-

All laborers and mechanics employed on projects assisted by the

Secretary under this chapter 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 sections

3141-3144, 3146, and 3147 of title 40. The Secretary shall not

extend any financial assistance under this chapter for such project

without first obtaining adequate assurance that these labor

standards will be maintained upon the construction work. The

Secretary of Labor shall have, with respect to the labor standards

specified in this provision, the authority and functions set forth

in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.

1267), and section 3145 of title 40.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 109, July 22, 1976, 90 Stat. 1001;

Pub. L. 95-28, title I, Sec. 108, May 13, 1977, 91 Stat. 119.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -

276a-5)" and "section 3145 of title 40" substituted for "section 2

of the Act of June 13, 1964, as amended (40 U.S.C. 276c)", meaning

section 2 of the Act of June 13, 1934, on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-28 substituted "All laborers and mechanics

employed" for "All laborers and mechanics employed by contractors

or subcontractors".

-End-

-CITE-

42 USC Sec. 6709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6709. Sex discrimination; prohibition; enforcement

-STATUTE-

No person shall on the ground of sex be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any project receiving Federal grant assistance

under this chapter, including any supplemental grant made under

this chapter. This provision will be enforced through agency

provisions and rules similar to those already established, with

respect to racial and other discrimination under title VI of the

Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. However, this

remedy is not exclusive and will not prejudice or cut off any other

legal remedies available to a discriminatee.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 110, July 22, 1976, 90 Stat. 1002.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

-End-

-CITE-

42 USC Sec. 6710 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER I - LOCAL PUBLIC WORKS

-HEAD-

Sec. 6710. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated not to exceed

$6,000,000,000 for the period ending December 31, 1978, to carry

out this chapter.

-SOURCE-

(Pub. L. 94-369, title I, Sec. 111, July 22, 1976, 90 Stat. 1002;

Pub. L. 95-28, title I, Sec. 109, May 13, 1977, 91 Stat. 119.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-28 substituted "$6,000,000,000 for the period

ending December 31, 1978" for "$2,000,000,000 for the period ending

September 30, 1977".

IMMEDIATE INITIATION OF CONSTRUCTION ON CERTAIN PROJECTS

Section 111 of Pub. L. 95-28 directed Secretary of Agriculture

and Secretary of the Interior to immediately initiate construction

of those Federal public works projects which are responsibility of

their respective departments, which have been authorized, and which

can be commenced within 60 days of May 13, 1977, and completed no

later than 180th day after commencement of construction, with no

funds authorized by this section used to carry out such works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6707 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - ANTIRECESSION PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-End-

-CITE-

42 USC Sec. 6721 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6721. Congressional findings of fact and declaration of policy

-STATUTE-

The Congress finds -

(1) that State and local governments represent a significant

segment of the national economy whose economic health is

essential to national economic prosperity;

(2) that present national economic problems have imposed

considerable hardships on State and local government budgets;

(3) that those governments, because of their own fiscal

difficulties, are being forced to take budget-related actions

which tend to undermine Federal Government efforts to stimulate

the economy;

(4) that efforts to stimulate the economy through reductions in

Federal Government tax obligations are weakened when State and

local governments are forced to increase taxes;

(5) that the net effect of Federal Government efforts to reduce

unemployment through public service jobs is substantially limited

if State and local governments use federally financed public

service employees to replace regular employees that they have

been forced to lay off;

(6) that efforts to stimulate the construction industry and

reduce unemployment are substantially undermined when State and

local governments are forced to cancel or delay the construction

of essential capital projects; and

(7) that efforts by the Federal Government to stimulate the

economic recovery will be substantially enhanced by a program of

emergency Federal Government assistance to State and local

governments to help prevent those governments from taking

budget-related actions which undermine the Federal Government

efforts to stimulate economic recovery.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 201, July 22, 1976, 90 Stat. 1002.)

-End-

-CITE-

42 USC Sec. 6722 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6722. Financial assistance

-STATUTE-

(a) Payments to State and local governments

The Secretary of the Treasury (hereafter in this subchapter

referred to as the "Secretary") shall, in accordance with the

provisions of this subchapter, make payments to States and to local

governments to coordinate budget-related actions by such

governments with Federal Government efforts to stimulate economic

recovery.

(b) Authorization of appropriations

Subject to the provisions of subsections (c) and (d) of this

section, there are authorized to be appropriated for each of the

five succeeding calendar quarters (beginning with the calendar

quarter which begins on July 1, 1977) for the purpose of payments

under this subchapter -

(1) $125,000,000, plus

(2) $30,000,000 multiplied by the number of whole one-tenth

percentage points by which the rate of seasonally adjusted

national unemployment for the most recent calendar quarter which

ended three months before the beginning of such quarter exceeded

6 per centum.

(c) Aggregate authorization

In no case shall the aggregate amount authorized to be

appropriated under the provisions of subsection (b) of this section

for the five successive calendar quarters beginning with the

calendar quarter which begins July 1, 1977, exceed $2,250,000,000.

(d) Termination

No amount is authorized to be appropriated under the provisions

of subsection (b) of this section for any calendar quarter if -

(1) the average rate of national unemployment during the most

recent calendar quarter which ended three months before the

beginning of such calendar quarter did not exceed 6 percent, or

(2) the rate of national unemployment for the last month of the

most recent calendar quarter which ended three months before the

beginning of such calendar quarter did not exceed 6 percent.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 202, July 22, 1976, 90 Stat. 1002;

Pub. L. 94-447, title II, Sec. 201(1), Oct. 1, 1976, 90 Stat. 1498;

Pub. L. 95-30, title VI, Sec. 602, May 23, 1977, 91 Stat. 164.)

-MISC1-

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-30, Sec. 602(a), substituted "July

1, 1977" for "July 1, 1976" in introductory provisions preceding

par. (1) and in par. (2) substituted "$30,000,000 multiplied by the

number of whole one-tenth" for "$62,500,000 multiplied by the

number of one-half" and "such quarter exceeded 6 per centum" for

"such calendar quarter exceeded 6 percent".

Subsec. (c). Pub. L. 95-30, Sec. 602(b), substituted "five

successive calendar quarters beginning with the calendar quarter

which begins July 1, 1977, exceed $2,250,000,000" for "five

calendar quarters beginning with the calendar quarter which begins

July 1, 1976, exceed $1,250,000,000".

1976 - Subsec. (d)(1). Pub. L. 94-447 substituted "6 percent, or"

for "6 percent, and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6723, 6736 of this title.

-End-

-CITE-

42 USC Sec. 6723 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6723. Allocation of amounts

-STATUTE-

(a) Reservations for eligible States and units of local government

(1) The Secretary shall reserve one-third of the amounts

appropriated pursuant to authorization under section 6722 of this

title for each calendar quarter for the purpose of making payments

to eligible State governments under subsection (b) of this section.

(2) The Secretary shall reserve two-thirds of such amounts for

the purpose of making payments to eligible units of local

government under subsection (c) of this section.

(b) State allocation; percentage; definitions

(1) The Secretary shall allocate from amounts reserved under

subsection (a)(1) of this section an amount for the purpose of

making payments to each State equal to the total amount reserved

under subsection (a)(1) of this section for the calendar quarter

multiplied by the applicable State percentage.

(2) For purposes of this subsection, the applicable State

percentage is equal to the quotient resulting from the division of

the product of -

(A) the State excess unemployment percentage, multiplied by

(B) the State revenue sharing amount by the sum of such

products for all the States.

(3) For the purposes of this section -

(A) the term "State" means each State of the United States;

(B) the State excess unemployment percentage is equal to the

difference resulting from the subtraction of 4.5 percentage

points from the State unemployment rate for that State but shall

not be less than zero;

(C) the State unemployment rate is equal to the rate of

unemployment in the State during the appropriate calendar

quarter, as determined by the Secretary of Labor and reported to

the Secretary; and

(D) the State revenue sharing amount is the amount determined

under sections 6705-6707(a) of title 31 (!1) for the most

recently completed entitlement period, as defined under section

6701(a)(1) of title 31.

(c) Local government allocation; percentage; definitions; special

limitation

(1) The Secretary shall allocate from amounts reserved under

subsection (a)(2) of this section an amount for the purpose of

making payments to each local government, subject to the provisions

of paragraph (4), equal to the total amount reserved under such

subsection for calendar quarter multiplied by the local government

percentage.

(2) For purposes of this subsection, the local government

percentage is equal to the quotient resulting from the division of

the product of -

(A) the local excess unemployment percentage, multiplied by

(B) the local revenue sharing amount, by the sum of such

products for all local governments.

(3) For purposes of this subsection -

(A) the local excess unemployment percentage is equal to the

difference resulting from the subtraction of 4.5 percentage

points from the local unemployment rate, but shall not be less

than zero;

(B) the local unemployment rate is equal to the rate of

unemployment in the jurisdiction of the local government during

the appropriated calendar quarter, as determined or assigned by

the Secretary of Labor and reported to the Secretary (in the case

of a local government for which the Secretary of Labor cannot

determine a local unemployment rate, he shall assign such local

government the local unemployment rate of the smallest unit or

subunit of local government for which he has determined a local

unemployment rate and within the jurisdiction of which such local

government is located, unless -

(i) the Governor of the State in which such local government

is located has provided the Secretary of Labor with a local

unemployment rate for such local government, and

(ii) the Secretary of Labor finds that such local

unemployment rate provided by the Governor has been determined

in a manner consistent with the procedures and methodologies

used by the Secretary of Labor in determining local

unemployment rates,

in which case the Secretary of Labor shall assign such local

government the local unemployment rate provided by such

Governor);

(C) the local revenue sharing amount is the amount determined

under sections 6701(a)(5), (7), (b)-(d), and 6708-6712 of title

31 (!1) for the most recently completed entitlement period, as

defined under section 6701(a)(1) of title 31; (!1)

(D) the term "local government" means the government of a

county, municipality, township, or other unit of government below

the State which -

(i) is a unit of general government (determined on the basis

of the same principles as are used by the Bureau of the Census

for general statistical purposes), and

(ii) performs substantial governmental functions. Such term

includes the District of Columbia and also includes the

recognized governing body of an Indian tribe or Alaskan Native

village which performs substantial governmental functions. Such

term does not include the government of a township area unless

such government performs substantial governmental functions.

(4) If the amount which would be allocated to any unit of local

government under this subsection is less than $100, then no amount

shall be allocated for such unit of local government under this

subsection.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 203, July 22, 1976, 90 Stat. 1003;

Pub. L. 94-447, title II, Sec. 201(2), (3), Oct. 1, 1976, 90 Stat.

1498; Pub. L. 95-30, title VI, Sec. 603(a)-(h), May 23, 1977, 91

Stat. 165, 166.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 67 of title 31, including sections 6701 and 6705 to 6712,

referred to in subsecs. (b)(3)(D) and (c)(3)(C), was repealed by

Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100

Stat. 327. See, also, Codification note below.

-COD-

CODIFICATION

In subsecs. (b)(3)(D) and (c)(3)(C), "sections 6705-6707(a) of

title 31" substituted for "section 107 of the State and Local

Fiscal Assistance Act of 1972 [31 U.S.C. 1226]", "sections

6701(a)(5), (7), (b)-(d), and 6708-6712 of title 31" substituted

for "section 108 of the State and Local Fiscal Assistance Act of

1972 [31 U.S.C. 1227], and "section 6701(a)(1) of title 31"

substituted for "section 141(b) of such Act [31 U.S.C. 1261(b)]",

respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance. See, also, References in Text note above.

-MISC1-

AMENDMENTS

1977 - Subsec. (b)(3)(D). Pub. L. 95-30, Sec. 603(a), substituted

"for the most recently completed entitlement period, as defined

under section 1261(b) of title 31" for "for the one-year period

beginning on July 1, 1975".

Subsec. (c)(1). Pub. L. 95-30, Sec. 603(b), substituted

"paragraph (4)" for "paragraphs (3) and (5)".

Subsec. (c)(3). Pub. L. 95-30, Sec. 603(c)-(h), struck out par.

(3) which set out special rules for local governments other than

identifiable local governments, redesignated par. (4) as (3),

substituted "determined or assigned" for "determined" in subpar.

(B), substituted provisions covering local governments for which

the Secretary of Labor cannot determine a local unemployment rate

for provisions covering local governments treated as one local

government in subpar. (B), substituted "for the most recently

completed entitlement period, as defined under section 1261(b) of

title 31" for "for the one-year period beginning July 1, 1975" in

subpar. (C), struck out parenthetical provisions covering local

governments treated as one local government in subpar. (C), struck

out subpar. (D) which had defined "identifiable local government",

redesignated former subpar. (E) as (D), substituted "Bureau of the

Census" for "Social and Economic Statistics Administration" in cl.

(i) of subpar. (D) as so redesignated, and struck out provisions

which had directed the Secretary of Labor to make determinations

with respect to rates of unemployment for the purposes of title VI

of the Comprehensive Employment and Training Act of 1973.

Subsec. (c)(4), (5). Pub. L. 95-30, Sec. 603(c), redesignated

pars. (4) and (5) as (3) and (4), respectively.

1976 - Subsec. (c)(3)(C)(ii). Pub. L. 94-447, Sec. 201(2),

substituted "90 days" for "thirty days".

Subsec. (c)(4)(E)(ii). Pub. L. 94-447, Sec. 201(3), substituted

"or Alaskan Native village" for "of Alaskan Native village".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6730, 6736 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6724 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6724. Uses of payments

-STATUTE-

Each State and local government shall use payments made under

this subchapter for the maintenance of basic services customarily

provided to persons in that State or in the area under the

jurisdiction of that local government, as the case may be. State

and local governments may not use emergency support payments made

under this subchapter for the acquisition of supplies and materials

or for construction, except for normal supplies or repairs

necessary to maintain basic services.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 204, July 22, 1976, 90 Stat. 1006;

Pub. L. 94-447, title II, Sec. 201(4), Oct. 1, 1976, 90 Stat. 1498;

Pub. L. 95-30, title VI, Sec. 604, May 23, 1977, 91 Stat. 166.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-30 substituted "or for construction, except for

normal supplies or repairs necessary to maintain basic services"

for "and for construction, unless such supplies and materials or

construction are to maintain basic services".

1976 - Pub. L. 94-447 substituted "support payments" for "support

grants".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6725, 6736 of this title.

-End-

-CITE-

42 USC Sec. 6725 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6725. Statement of assurances as prerequisite for payments;

rules governing time and manner of filing; contents of statement

-STATUTE-

Each State and unit of local government may receive payments

under this subchapter only upon filing with the Secretary, at such

time and in such manner as the Secretary prescribes by rule, a

statement of assurances. Such rules shall be prescribed by the

Secretary not later than ninety days after July 22, 1976. The

Secretary may not require any State or local government to file

more than one such statement during each fiscal year. Each such

statement shall contain -

(1) an assurance that payments made under this subchapter to

the State or local government will be used for the maintenance,

to the extent practical, of levels of public employment and of

basic services customarily provided to persons in that State or

in the area under the jurisdiction of that unit of local

government which is consistent with the provisions of section

6724 of this title;

(2) an assurance that the State or unit of local government

will -

(A) use fiscal, accounting, and audit procedures which

conform to guidelines established therefor by the Secretary

(after consultation with the Comptroller General of the United

States), and

(B) provide to the Secretary (and to the Comptroller General

of the United States), on reasonable notice, access to, and the

right to examine, such books, documents, papers, or records as

the Secretary may reasonably require for purposes of reviewing

compliance with this subchapter;

(3) an assurance that reasonable reports will be furnished to

the Secretary in such form and containing such information as the

Secretary may reasonably require to carry out the purposes of

this subchapter and that such report shall be published in a

newspaper of general circulation in the jurisdiction of such

government unless the cost of such publication is excessive in

relation to the amount of the payments received by such

government under this subchapter or other means of publicizing

such report is more appropriate, in which case such report shall

be publicized pursuant to rules prescribed by the Secretary;

(4) an assurance that the requirements of section 6727 of this

title will be complied with;

(5) an assurance that the requirements of section 6728 of this

title will be complied with;

(6) an assurance that the requirements of section 6729 of this

title will be complied with;

(7) an assurance that the State or unit of local government

will spend any payment it receives under this subchapter before

the end of the six-calendar-month period which begins on the day

after the date on which such State or local government receives

such payment; and

(8) an assurance that the State or unit of local government

will spend amounts received under this subchapter only in

accordance with the laws and procedures applicable to the

expenditure of its own revenues.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 205, July 22, 1976, 90 Stat. 1006.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6730, 6732, 6736 of this

title.

-End-

-CITE-

42 USC Sec. 6726 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6726. Repealed. Pub. L. 95-30, title VI, Sec. 603(i), May 23,

1977, 91 Stat 166

-MISC1-

Section, Pub. L. 94-369, title II, Sec. 206, July 22, 1976, 90

Stat. 1007, provided for the filing of optional State allocation

plans.

-End-

-CITE-

42 USC Sec. 6727 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6727. Nondiscrimination

-STATUTE-

(a)(1) No person in the United States shall, on the ground of

race, color, national origin, or sex, be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity of a State government

or unit of local government, which government or unit receives

funds made available under this subchapter. Any prohibition against

discrimination on the basis of age under the Age Discrimination Act

of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise

qualified handicapped individual as provided in section 794 of

title 29 shall also apply to any such program or activity. Any

prohibition against discrimination on the basis of religion, or any

exemption, from such prohibition, as provided in the Civil Rights

Act of 1964 [42 U.S.C. 2000a et seq.] or title VIII of the Act of

April 11, 1968, commonly referred to as Civil Rights Act of 1968

[42 U.S.C. 3601 et seq.], shall also apply to any such program or

activity.

(2)(A) The provisions of paragraph (1) of this subsection shall

not apply where any State government or unit of local government

demonstrates, by clear and convincing evidence, that the program or

activity with respect to which the allegation of discrimination has

been made is not funded in whole or in part with funds made

available under this subchapter.

(B) The provisions of paragraph (1), relating to discrimination

on the basis of handicapped status, shall not apply with respect to

construction projects commenced prior to January 1, 1977.

(b) The provisions of subsection (a) of this section shall be

enforced by the Secretary in the same manner and in accordance with

the same procedures as are required by sections 6701(a)(2), (3),

6716-6720, 6721, and 6723(f) of title 31 (!1) to enforce compliance

with section 6716(a)-(c) of title 31.(!1) The Attorney General

shall have the same authority, functions, and duties with respect

to funds made available under this subchapter as the Attorney

General has under sections 6716(d), 6720, and 6721(d) of title 31

(!1) with respect to funds made available under chapter 67 of title

31.(!1) Any person aggrieved by a violation of subsection (a) of

this section shall have the same rights and remedies as a person

aggrieved by a violation of section 6716(a)-(c) of title 31,(!1)

including the rights provided under section 6721(d) of title

31.(!1)

-SOURCE-

(Pub. L. 94-369, title II, Sec. 207, July 22, 1976, 90 Stat. 1007;

Pub. L. 95-30, title VI, Sec. 605, May 23, 1977, 91 Stat. 166.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsec.

(a)(1), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.

728, as amended, which is classified generally to chapter 76 (Sec.

6101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6101 of

this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(1), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is

classified principally to subchapters II to IX (Sec. 2000a et seq.)

of chapter 21 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 2000a

of this title and Tables.

Act of April 11, 1968, referred to in subsec. (a)(1), is Pub. L.

90-284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil

Rights Act of 1968. Title VIII of Pub. L. 90-284, known as the Fair

Housing Act, is classified principally to subchapter I (Sec. 3601

et seq.) of chapter 45 of this title.

Chapter 67 of title 31, including sections 6701, 6716-6720, 6721,

and 6723, referred to in subsec. (b), was repealed by Pub. L.

99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327.

See, also, Codification note below.

-COD-

CODIFICATION

In subsec. (b), "sections 6701(a)(2), (3), 6716-6720, 6721, and

6723(f) of title 31" substituted for "sections 122, 124, and 125 of

the State and Local Fiscal Assistance Act of 1972 [31 U.S.C. 1242,

1244, 1245]", "section 6716(a)-(c) of title 31" substituted for

"section 122(a) of such Act" and also for "subsection (a) of

section 122 of such Act" [31 U.S.C. 1242(a)], "sections 6716(d),

6720, and 6721(d) of title 31" substituted for "sections 122(g) and

(h) and 124(c) of such Act [31 U.S.C. 1242(g), (h), 1244(c)]", and

"chapter 67 of title 31" substituted for "that Act [31 U.S.C. 1221

et seq.]", respectively, on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance. See, also, References in Text note

above.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-30 amended section generally, inserting

reference to discriminatory practices prohibited by the Age

Discrimination Act of 1975 and the Rehabilitation Act of 1973 and

generally restructuring the enforcement and remedies provisions to

incorporate the procedures of the Secretary and of the Attorney

General under the State and Local Fiscal Assistance Act of 1972.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6725, 6736 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6728 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6728. Wage standards for laborers and mechanics; enforcement

-STATUTE-

All laborers and mechanics employed by contractors on all

construction projects funded in whole or in part by payments under

this subchapter shall be paid wages at rates not less than those

prevailing on similar projects in the locality as determined by the

Secretary of Labor in accordance with sections 3141-3144, 3146, and

3147 of title 40. The Secretary of Labor shall have, with respect

to the labor standards specified in this section, the authority and

functions set forth in Reorganization Plan Numbered 14 of 1950 and

section 3145 of title 40.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 208, July 22, 1976, 90 Stat. 1008.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act (40 U.S.C. 276a to 276a-5)"

and "section 3145 of title 40" substituted for "section 2 of the

Act of June 13, 1934, as amended (40 U.S.C. 276c)", on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6725, 6736 of this title.

-End-

-CITE-

42 USC Sec. 6729 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6729. Reports to Secretary by States and local governments;

contents

-STATUTE-

Each State and unit of local government which receives a payment

under the provisions of this subchapter shall report to the

Secretary any increase or decrease in any tax which it imposes and

any substantial reduction in the number of individuals it employs

or in services which such State or local government provides. Each

State which receives a payment under the provisions of this

subchapter shall report to the Secretary any decrease in the amount

of financial assistance which the State provides to the units of

local governments during the twelve-month period which ends on the

last day of the calendar quarter immediately preceding July 22,

1976, together with an explanation of the reasons for such

decrease. Such reports shall be made as soon as it is practical

and, in any case, not more than six months after the date on which

the decision to impose such tax increase or decrease, such

reductions in employment or services, or such decrease in State

financial assistance is made public.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 209, July 22, 1976, 90 Stat. 1008.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6725, 6736 of this title.

-End-

-CITE-

42 USC Sec. 6730 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6730. Payments

-STATUTE-

(a) Time and amount

From the amount allocated for State and local governments under

section 6723 of this title, the Secretary shall pay not later than

five days after the beginning of each quarter to each State and to

each local government which has filed a statement of assurances

under section 6725 of this title, an amount equal to the amount

allocated to such State or local government under section 6723 of

this title.

(b) Adjustments

Payments under this subchapter may be made with necessary

adjustments on account of overpayments or underpayments.

(c) Termination

No amount shall be paid to any State or local government under

the provisions of this section for any calendar quarter if -

(1) the average rate of unemployment within the jurisdiction of

such State or local government during the most recent calendar

quarter which ended three months before the beginning of such

calendar quarter was less than 4.5 percent, or

(2) the rate of unemployment within the jurisdiction of such

government for the last month of the most recent calendar quarter

which ended three months before the beginning of such calendar

quarter did not exceed 4.5 percent.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 210, July 22, 1976, 90 Stat. 1009;

Pub. L. 94-447, title II, Sec. 201 (5), Oct. 1, 1976, 90 Stat.

1498.)

-MISC1-

AMENDMENTS

1976 - Subsec. (c)(1). Pub. L. 94-447 substituted "4.5 percent,

or" for "4.5 percent, and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6736 of this title.

-End-

-CITE-

42 USC Sec. 6731 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6731. Economization by State and local governments; statement

of assurances, etc., required

-STATUTE-

Each State or unit of local government which receives payments

under this subchapter shall provide assurances in writing to the

Secretary, at such time and in such manner and form as the

Secretary may prescribe by rule, that it has made substantial

economies in its operations and that payments under this subchapter

are necessary to maintain essential services without weakening

Federal Government efforts to stimulate the economy through

reductions in Federal tax obligations.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 211, July 22, 1976, 90 Stat. 1009.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6736 of this title.

-End-

-CITE-

42 USC Sec. 6732 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6732. Withholding of payments for failure to comply with

statement of assurances; procedures applicable

-STATUTE-

Whenever the Secretary, after affording reasonable notice and an

opportunity for a hearing to any State or unit of local government,

finds that there has been a failure to comply substantially with

any assurance set forth in the statement of assurances of that

State or units of local government filed under section 6725 of this

title, the Secretary shall notify that State or unit of local

government that further payments will not be made under this

subchapter 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 under this subchapter.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 212, July 22, 1976, 90 Stat. 1009.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6736 of this title.

-End-

-CITE-

42 USC Sec. 6733 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6733. Repealed. Pub. L. 104-66, title I, Sec. 1131(b), Dec.

21, 1995, 109 Stat. 725

-MISC1-

Section, Pub. L. 94-369, title II, Sec. 213, July 22, 1976, 90

Stat. 1009, related to reports to Congress by Secretary of the

Treasury.

-End-

-CITE-

42 USC Sec. 6734 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6734. Administration; rules; authorization of appropriations

-STATUTE-

(a) The Secretary is authorized to prescribe, after consultation

with the Secretary of Labor, such rules as may be necessary for the

purpose of carrying out his functions under this subchapter. Such

rules should be prescribed by the Secretary not later than ninety

days of July 22, 1976.

(b) There are authorized to be appropriated such sums as may be

necessary for the administration of this subchapter.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 214, July 22, 1976, 90 Stat. 1010.)

-End-

-CITE-

42 USC Sec. 6735 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6735. Program studies and recommendations; evaluation;

countercyclical study

-STATUTE-

(a) The Comptroller General of the United States shall conduct an

investigation of the impact which emergency support grants have on

the operations of State and local governments and on the national

economy. Before and during the course of such investigation the

Comptroller General shall consult with and coordinate his

activities with the Congressional Budget Office and the Advisory

Commission on Intergovernmental Relations. The Comptroller General

shall report the results of such investigation to the Congress

within one year after July 22, 1976, together with an evaluation of

the macroeconomic effect of the program established under this

subchapter and any recommendations for improving the effectiveness

of similar programs. All officers and employees of the United

States shall make available all information, reports, data, and any

other material necessary to carry out the provisions of this

subsection to the Comptroller General upon a reasonable request.

(b) The Congressional Budget Office and the Advisory Commission

on Intergovernmental Relations shall conduct a study to determine

the most effective means by which the Federal Government can

stabilize the national economy during periods of rapid economic

growth and high inflation through programs directed toward State

and local governments. Such study shall include a comparison of the

effectiveness of alternative factors for triggering and measuring

the extent of the fiscal coordination problem addressed by this

program, and the effect of the recession on State and local

expenditures. Before and during the course of such study, the

Congressional Budget Office and the Advisory Commission shall

consult with and coordinate their activities with the Comptroller

General of the United States. The Congressional Budget Office and

the Advisory Commission shall report the results of such study to

Congress within two years after July 22, 1976. Such study shall

include the opinions of the Comptroller General with respect to

such study.

(c) The Secretary shall, in consultation with the Secretary of

Commerce, conduct an investigation of -

(1) the extent to which allocations of funds provided under

this chapter might be more precisely related to true economic

conditions by the use of data on aggregate declines in private

real wages and salaries;

(2) the extent to which other factors, such as relative tax

effort, should also be made part of the allocation system

provided by this chapter; and

(3) the availability and reliability of data concerning Puerto

Rico, Guam, the Virgin Islands, American Samoa, and the Trust

Territory of the Pacific Islands, and the extent to which such

territories may properly be made part of the regular allocation

system applicable to the several States.

The results of such investigation shall be submitted to the

Congress not later than March 1, 1978, in order that such results

may be available during congressional consideration of any

extension of this chapter beyond the fiscal year ending September

30, 1978.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 215, July 22, 1976, 90 Stat. 1010;

Pub. L. 95-30, title VI, Sec. 606, May 23, 1977, 91 Stat. 167.)

-MISC1-

AMENDMENTS

1977 - Subsec. (c). Pub. L. 95-30 added subsec. (c).

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 6736 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 80 - PUBLIC WORKS EMPLOYMENT

SUBCHAPTER II - ANTIRECESSION PROVISIONS

-HEAD-

Sec. 6736. Authorization of appropriations for Puerto Rico, Guam,

American Samoa, and Virgin Islands

-STATUTE-

(a) Authorizations for five calendar quarters beginning July 1,

1977

There is hereby authorized to be appropriated for each of the

five succeeding calendar quarters (beginning with the calendar

quarter which begins on July 1, 1977) for the purpose of making

payments under this subchapter to Puerto Rico, Guam, American

Samoa, and the Virgin Islands, an amount equal to 1 percent of the

amount authorized for each such quarter under section 6722(b) of

this title.

(b) Allocations

(1) The Secretary shall allocate from the amount authorized under

subsection (a) of this section an amount for the purpose of making

payments to such governments equal to the total authorized for the

calendar quarter multiplied by the applicable territorial

percentage.

(2) For the purposes of this subsection, the applicable

territorial percentage is equal to the quotient resulting from the

division of the territorial population by the sum of the

territorial population for all territories.

(3) For purposes of this section -

(A) The term "territory" means Puerto Rico, Guam, American

Samoa, and the Virgin Islands.

(B) The term "territorial population" means the most recent

population for each territory as determined by the Bureau of

Census.

(C) The provisions of sections 6723(c)(4), 6724, 6725,

6726,(!1) 6727, 6728, 6729, 6730, 6731, 6732, and 6733 (!1) of

this title shall apply to the funds authorized under this

section.

(c) Payments to local governments

The governments of the territories are authorized to make

payments to local governments within their jurisdiction from sums

received under this section as they deem appropriate.

-SOURCE-

(Pub. L. 94-369, title II, Sec. 216, as added Pub. L. 95-30, title

VI, Sec. 607, May 23, 1977, 91 Stat. 167.)

-REFTEXT-

REFERENCES IN TEXT

Section 6726 of this title, referred to in subsec. (b)(3)(C), was

repealed by Pub. L. 95-30, title VI, Sec. 603(i), May 23, 1977, 91

Stat. 166.

Section 6733 of this title, referred to in subsec. (b)(3)(C), was

repealed by Pub. L. 104-66, title I, Sec. 1131(b), Dec. 21, 1995,

109 Stat. 725.

-FOOTNOTE-

(!1) See References in Text note below.

-End-