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, 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. 90-103, title I, § 122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, § 109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, § 212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94-188, title I, § 121, Dec. 31, 1975, 89 Stat. 1086; 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.)

REFERENCES IN TEXT

Sections 105, 201, and 208, referred to in text, are sections 105 and 201 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 8, 10, and section 208 of Pub. L. 89-4 as added by Pub. L. 92-65, title II, § 205, Aug. 5, 1971, 85 Stat. 168, which are set out as sections 105, 201, and 208 of this Appendix.

This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables.

AMENDMENTS

1981-Pub. L. 97-35 substituted "$50,000,000" for "$140,000,000” and added provisions respecting obligation 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.

1975-Pub. L. 94-188 added provisions authorizing additional appropriations for the period beginning July 1, 1975 and ending Sept. 30, 1977, and for the two-fiscal year period ending Sept. 30, 1979.

1971-Pub. L. 92-65 added reference to section 208, authorized appropriation of $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, and struck out provisions limiting to certain amounts the funds allotted to be used in carrying out specified sections.

1969-Pub. L. 91-123 authorized appropriations in an amount not to exceed $268,500,000 for the two-fiscalyear period ending June 30, 1971, and designated specific amounts of the authorization to carry out the purposes of enumerated sections.

1967-Pub. L. 90-103 included reference to appropriation authorization in section 105 and for local access roads, made the appropriation to the President, and substituted provisions for availability of $170,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $252,400,000 for period ending June 30, 1967.

AVAILABILITY OF FUNDS TO FEDERAL COCHAIRMAN

Funds appropriated pursuant to this section available to Federal Cochairman of Appalachian Regional Commission, see section 6(a) of Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, set out as a note under section -3121 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 204, 206, 211, 212, 214 and 302 of this Appendix.

§ 402. Applicable labor standards

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are financially assisted through the Federal funds authorized under this Act, 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 the Davis-Bacon Act, as amended (40 U.S.C. 2768-276a-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables.

The Davis-Bacon Act, as amended, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables.

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.

Section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)), referred to in text, probably means section 276c of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 207 of this Appendix.

§ 403. Definition of Appalachian region

As used in this Act, the term "Appalachian region” or “the region” means that area of the eastern United States consisting of the following counties (including any political subdivision located within such area):

In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston;

In Georgia, the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield;

In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Monroe, Montogomery,1 Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;

In Maryland, the counties of Allegany, Garrett, and Washington;

In Mississippi, the counties of Alcorn, Benton, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, and Winston;

In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins;

In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey;

In Ohio, the counties of Adams, Athens, Belmont, Brown, Carroll, Clermont, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,

'So in original.

Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington;

In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming;

In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg;

In Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Megs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White;

In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe;

All the counties of West Virginia.

No recommendation for any change in the definition of the Appalachian region as set forth in this section shall be proposed or considered by the Commission without a prior resolution by the Committee on Public Works of the Senate or of the House of Representatives, directing a study of such change.

The President is authorized and directed to make a study of the extent to which portions of upper New York State which are geographically part of the New England region or the Appalachian region and share the social and economic characteristics thereof should be included in either of such regions. He shall submit the results of such study together with his recommendations to Congress not later than June 30, 1970.

(As amended Pub. L. 90-103, title I, § 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, § 110, Nov. 25, 1969, 83 Stat. 215.)

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables.

AMENDMENTS

1969-Pub. L. 91-123 authorized and directed the President to make a study of the upper portions of New York State to determine which are geographical

ly part of the New England region or the Appalachian region, and share similar socio-economic characteristics of either of such regions, and provided that the results of this study be submitted to Congress no later than June 30, 1970.

1967-Pub. L. 90-103 included the counties of Lamar and Pickens in Alabama, the counties of Mississippi and New York, and the county of Cannon in Tennessee, prohibited future changes in the regional definition without prior request of Congress, and omitted as executed provision for consultation between Commission and Governor of New York leading to participation and inclusion of counties of New York in the region.

CHANGE OF NAME

The Committee on Public Works of the Senate was abolished and replaced by the Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.

The Committee on Public Works of the House of Representatives was changed to the Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 23 section 143; title 33 section 1257.

§ 404. Severability

If any provision of this Act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables.

§ 405. Termination

This Act, other than section 201, shall cease to be in effect on October 1, 1982.

(As amended Pub. L. 91-123, title I, § 111, Nov. 25, 1969, 83 Stat. 216; Pub. L. 92-65, title II, § 213, Aug. 5, 1971, 85 Stat. 173; Pub. L. 94-188, title I, § 122(a), Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96-506, § 3(6), Dec. 8, 1980, 94 Stat. 2746.)

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Section 201 of this Act, referred to in text, is section 201 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 10, which is set out as section 201 of this Appendix.

AMENDMENTS

1980-Pub. L. 96–506 substituted “1982” for “1979". 1975-Pub. L. 94-188 substituted “October 1, 1979" for "July 1, 1975”.

1971-Pub. L. 92-65 substituted "July 1, 1975" for "July 1, 1971".

1969-Pub. L. 91-123 provided that section 201 be exempt from the July 1, 1971 termination date of this Act.

Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations. Definitions. Repealed.

23.

24.

Exemption from deposit of contracts con

cerning national-forest lands.

Exemption from deposit of leases, contracts, etc., concerning use of lands or waters under jurisdiction of Department of the Interior.

Repealed.

Interest of Member of Congress.

Orders or contracts for material placed with Government-owned establishments deemed obligations.

Contracts for transportation of moneys, bullion, coin, and securities.

24a to 34. Omitted or Repealed.

35.

36.

58.

6.

68.

Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances.

37.

38.

Contracts for materials, etc., exceeding $10,000; representations and stipulations. Liability for contract breach; cancellation; completion by Government agency; employee's wages.

Distribution of list of persons breaching contract; future contracts prohibited. Administration of Walsh-Healey provisions; officers and employees; appointment; investigations; rules and regulations.

Hearings on Walsh-Healey provisions by Secretary of Labor; witness fees; failure to obey order; punishment.

Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations.

"Person" defined in Walsh-Healey provisions.

Effect of Walsh-Healey provisions on other laws.

Walsh-Healey provisions not applicable to certain contracts.

Administrative procedure provisions.

(a) Applicability.

(b) Wage determination; administrative

review.

(c) Judicial review.

Separability of Walsh-Healey provisions.

Effective date of Walsh-Healey provisions;

exception as to representations with respect to minimum wages.

Committee for Purchase from the Blind and Other Severely Handicapped.

(a) Establishment.

(b) Vacancy.

(c) Chairman.

(d) Terms.

(e) Pay and travel expenses.

(f) Staff.

(g) Obtaining official data.

(h) Administrative support services.

(1) Annual report.

88 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743

Section 1, R.S. § 512; act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147, establish a return office for filing returns of contracts made by the Secretaries of War, Navy and Interior and appointed a clerk for this office.

Section 2, R.S. § 513, required the clerk to file all returns.

Section 3, R.S. § 514, required the clerk to keep an index book.

Section 4, R.S. § 515, required the clerk to provide certified copies of any returns for an established fee. Section 48, act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147, transferred returns office to the General Accounting Office and imposed duties relating thereto upon the Comptroller General.

§ 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations

Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $10,000, (2) when the public exigencies require the im

mediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 of Appendix to title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising.

In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.

(R.S. § 3709; Aug. 2, 1946, ch. 744, § 9(a), (c), 60 Stat. 809; June 30, 1949, ch. 288, title VI, § 602(f), formerly title V, § 502(e), 63 Stat. 400, renumbered Sept. 5, 1950, ch. 849, §§ 6(a), (b), 8(c), 64 Stat. 583, and amended Aug. 28, 1958, Pub. L. 85-800, § 7, 72 Stat. 967; July 25, 1974, Pub. L. 93-356, § 1, 88 Stat. 390.)

REFERENCES IN TEXT

Section 1638 of Appendix to title 50, referred to in text, was repealed by act June 30, 1949, ch. 288, title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399, eff. July 1, 1949, renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

CODIFICATION

R.S. § 3709 derived from act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 220.

Section is also set out in the District of Columbia Code, § 1-1110.

AMENDMENTS

1974-Pub. L. 93-356 substituted “$10,000” for "$2,500".

1958-Pub. L. 85-800 substituted “$2,500” for “$500" in first sentence.

1949-Act June 30, 1949, raised the limitation from $100 to $500.

1946-Act Aug. 2, 1946, among other changes, inserted cls. (1), (3), and (4), and made section applicable to sales and contracts of sale by the government, except in certain cases.

EFFECTIVE DATE or 1949 AMENDMENT Amendment by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works.

EXEMPTION OF FUNCTIONS

Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Inter

course.

NATIONAL DEFENSE CONTRACTS

Negotiation of contracts for naval vessels, aircraft, and equipment, without advertisement or competitive bidding during temporary emergency, see section 1152 et seq. of Title 50, Appendix, War and National Defense.