DEVELOPMENT ACT OF 1965 [See main edition for text of (2) to (4)] (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated. (b) LIMITATION.-Financial assistance made available under this Act shall not be used to assist establishments relocating from one area to another. [See main edition for text of (c)] (As amended Pub. L. 105-393, title II, § 218(a)–(c), Nov. 13, 1998, 112 Stat. 3622, 3623.) AMENDMENTS 1998 Subsec. (a)(1). Pub. L. 105-393, § 218(a), inserted "or in a severely and persistently distressed county or area" before semicolon at end. Subsec. (a)(6). Pub. L. 105-393, § 218(b), added par. (6). Subsec. (b). Pub. L. 105-393, § 218(c), added subsec. (b) and struck out former subsec. (b) which read as follows: "No financial assistance shall be authorized under this Act to be used (1) to assist establishments relocating from one area to another; (2) to finance the cost of industrial plants, commercial facilities, machinery, working capital, or other industrial facilities or to enable plant subcontractors to undertake work theretofore performed in another area by other subcontractors or contractors; (3) to finance the cost of facilities for the generation, transmission, or distribution of electric energy; or (4) to finance the cost of facilities for the production, transmission, or distribution of gas (natural, manufactured, or mixed)." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 223 of this Appendix. §226. Distressed and economically strong counties (a) DESIGNATIONS.— (1) IN GENERAL.-Not later than 90 days after the date of enactment of this section, and annually thereafter, the Commission, in accordance with such criteria as the Commission may establish, shall (A) designate as "distressed counties" those counties in the region that are the most severely and persistently distressed; and (B) designate 2 categories of economically strong counties, consisting of (1) "competitive counties", which shall be those counties in the region that are approaching economic parity with the rest of the United States; and (ii) "attainment counties", which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States. (2) ANNUAL REVIEW OF DESIGNATIONS.-The Commission shall (A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and (B) renew the designation for another 1year period only if the county still meets the criteria. (b) DISTRESSED COUNTIES.-In program and project development and implementation and in the allocation of appropriations made available to carry out this Act, the Commission shall give special consideration to the needs of those counties for which a distressed county designation is in effect under this section. (c) ECONOMICALLY STRONG COUNTIES. (1) COMPETITIVE COUNTIES.-Except as provided in paragraphs (3) and (4), in the case of a project that is carried out in a county for which a competitive county designation is in effect under this section, assistance under this Act shall be limited to not more than 30 percent of the project cost. (2) ATTAINMENT COUNTIES.-Except as provided in paragraphs (3) and (4), no funds may be provided under this Act for a project that is carried out in a county for which an attainment county designation is in effect under this section. (3) EXCEPTIONS.-The requirements of paragraphs (1) and (2) shall not apply to (A) any project on the Appalachian development highway system authorized by section 201; (B) any local development district administrative project assisted under section 302(a)(1); or (C) any multicounty project that is carried out in 2 or more counties designated under this section if (i) at least 1 of the participating counties is designated as a distressed county under this section; and (ii) the project will be of substantial direct benefit to 1 or more distressed counties. (4) WAIVER.— (A) IN GENERAL.-The Commission may waive the requirements of paragraphs (1) and (2) for a project upon a showing by the recipient of assistance for the project of 1 or more of the following: (i) The existence of a significant pocket of distress in the part of the county in which the project is carried out. (ii) The existence of a significant potential benefit from the project in 1 or more areas of the region outside the designated county. (B) REPORTS TO CONGRESS.-The Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report describing each waiver granted under subparagraph (A) during the period covered by the report. (Pub. L. 89-4, title II, §226, as added Pub. L. 105-393, title II, § 219, Nov. 13, 1998, 112 Stat. 3623.) REFERENCES IN TEXT DEVELOPMENT ACT OF 1965 The date of enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 105-393, which was approved Nov. 13, 1998. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 202, 207, 214, 302 of this Appendix. TITLE III-ADMINISTRATION § 302. Administrative expenses and research and demonstration projects (a) AUTHORIZATION TO MAKE GRANTS. (1) IN GENERAL.-The Commission is authorized (A) to make grants for administrative expenses, including the development of areawide plans or action programs and technical assistance activities, of local development districts, but (i) the amount of any such grant shall not exceed 50 percent of such expenses, (ii) no grants for administrative expenses shall be made for a State agency certified as a local development district for a period in excess of three years beginning on the date the initial grant is made for such development district, and (iii) the local development district contributions for administrative expenses may be in cash or in kind, fairly evaluated, including but not limited to space, equipment, and services; (B) to make grants for assistance to States for a period not in excess of two years to strengthen the State development planning process for the region and the coordination of State planning under this Act, the Public Works and Economic Development Act of 1965, as amended, and other Federal and State programs; and (C) to make grants for investigation, research, studies, evaluations, and assessments of needs, potentials, or attainments of the people of the region, technical assistance, training programs, demonstrations, and the construction of necessary facilities incident to such activities, which will further the purposes of this Act. Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share, as the Commission determines appropriate. (2) COST SHARING AFTER SEPTEMBER 30, 1998.— (A) IN GENERAL.-Except as provided in subparagraph (B), after September 30, 1998, not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for financial assistance under this section may be provided from funds appropriated to carry out this Act. (B) DISCRETIONARY GRANTS.— (i) IN GENERAL.-Discretionary grants made by the Commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress in the region may be made without regard to the percentage limitations specified in subparagraph (A). (ii) LIMITATION ON AGGREGATE AMOUNT.— For each fiscal year, the aggregate amount of discretionary grants referred to in clause (i) shall not exceed 10 percent of the amounts appropriated under section 401 for the fiscal year. (b)(1) The Commission may provide assistance under this section for demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with the development of the region's energy resources and the development and stimulation of indigenous arts and crafts of the region. No more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year, and no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations. [See main edition for text of (2); (c)] (Pub. L. 89-4, title III, §302, Mar. 9, 1965, 79 Stat. 19; Pub. L. 90-103, title I, §120, Oct. 11, 1967, 81 Stat. 264; Pub. L. 91-123, title I, §108, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II. §211, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94-188, title I, $119, Dec. 31, 1975, 89 Stat. 1085; Pub. L. 105-393, title II, §§ 218(d), 220(a)(c)(1), Nov. 13, 1998, 112 Stat. 3623-3625.) REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(1)(B), is Pub. L. 89-136. Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§3121 et seq.) of Title 42. The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. AMENDMENTS 1998 Subsec. (a). Pub. L. 105-393, §220(a), (b), designated introductory provisions as par. (1), substituted "The Commission" for "The President", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned their margins, struck out "to the Commission" after "make grants" wherever appearing. in subpar. (A), redesignated cls. (A) to (C) as (i) to (iii). respectively, in cl. (i), substituted "50 percent" for **75 per centum", and added par. (2). Subsec. (b)(1). Pub. L. 105-393, § 218(d), substituted "The Commission" for "Notwithstanding the provisions of section 224(b)(2), (3), or (4), the Commission" in first sentence. Subsec. (b)(2). Pub. L. 105-393, §220(c)(1)(A)(i), substituted "Secretary of Energy" for "Federal Energy Administration, the Energy Research and Development Administration". Subsec. (b)(3), (4). Pub. L. 105-393, §220(c)(1)(A)(ii), struck out pars. (3) and (4), which directed Commission to conduct studies on Appalachian migrants and physical hazards which are constraints on land use in the region, respectively. Subsecs. (d), (e). Pub. L. 105–393, §220(c)(1)(B), struck out subsecs. (d) and (e), which limited funds available to carry out section for two-fiscal-year period ending DEVELOPMENT ACT OF 1965 June 30, 1969, and set forth provisions relating to public availability and protection of all information, copyrights, uses, processes, patents, and other developments resulting from scientific or technological research or development activity involving appropriated funds. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 226 of this Appendix. TITLE IV-APPROPRIATIONS AND MISCELLANEOUS PROVISIONS § 401. Authorization of appropriations (a) IN GENERAL.-In addition to amounts authorized by section 201 and other amounts made available for the Appalachian development highway system program, there are authorized to be appropriated to the Commission to carry out this Act (1) $68,000,000 for fiscal year 1999; (b) AVAILABILITY.-Sums made available under subsection (a) shall remain available until expended. (As amended Pub. L. 105-393, title II, § 221, Nov. 13, 1998, 112 Stat. 3625.) AMENDMENTS 1998-Pub. L. 105-393 amended section generally, substituting present provisions for provisions which authorized appropriations for fiscal years 1971 to 1982 and provided limitations on use of funds. APPROPRIATIONS Provisions appropriating funds to carry out programs authorized by the Appalachian Regional Development Act of 1965, which is set out in this Appendix, notwithstanding section 405 of this Appendix, were contained in the following appropriation acts: Pub. L. 106-60, title IV, Sept. 29, 1999, 113 Stat. 498. Pub. L. 105-245, title IV, Oct. 7, 1998, 112 Stat. 1854. Pub. L. 105-62, title IV, Oct. 13, 1997, 111 Stat. 1336. Pub. L. 104-206, title IV, Sept. 30, 1996, 110 Stat. 3000. Pub. L. 104-46, title IV, Nov. 13, 1995, 109 Stat. 416. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 214, 302 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, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, 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, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; [See main edition for text of intervening pars.] In Mississippi, the counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha; [See main edition for text of intervening pars.] In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe; All the counties of West Virginia. [See main edition for text of last two pars.] (As amended Pub. L. 105-178, title I, §1222(a), June 9, 1998, 112 Stat. 223.) AMENDMENTS 1998 Pub. L. 105-178 inserted "Hale," after "Franklin," and "Macon," after "Limestone," in listing of counties in Alabama, inserted "Elbert," after "Douglas," and "Hart," after "Haralson," in listing of counties in Georgia, substituted "Winston, and Yalobusha" for "and Winston" in listing of counties in Mississippi, and inserted "Montgomery," after "Lee," and "Rockbridge," after "Pulaski," in listing of counties in Virginia. CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 405 of this Appendix; title 33 section 1257; title 42 section 3174. $405. Termination This Act, other than sections 201 and 403, shall cease to be in effect on October 1, 2001. (As amended Pub. L. 105-178, title I, §1222(b), June 9, 1998, 112 Stat. 224; Pub. L. 105-393, title II, § 222, Nov. 13, 1998, 112 Stat. 3625.) AMENDMENTS 1998-Pub. L. 105-393 substituted "2001" for "1982". Pub. L. 105-178 substituted "sections 201 and 403" for "section 201". CONSTRUCTION OF 1998 AMENDMENT Pub. L. 105-178, title I, §1222(b), June 9, 1998, 112 Stat. 224, provided in part that: "This amendment [amending this section] ensures that section 403 [of this Appendix] is still in effect." TITLE 41-PUBLIC CONTRACTS Sec. 10b-1. 10b-3. CHAPTER 1-GENERAL PROVISIONS Omitted. Annual report relating to Buy American Act. § 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5a, 6a, 6a-1, 6a-2, 6b, 252, 260 of this title; title 2 sections 61g-7, 72a, 135a, 141a, 475, 604, 1108; title 5 sections 3109, 4105, 8709, 8714a, 8714b, 8714c, 8902; title 7 sections 87e-1, 4271, 1624, 3318; title 8 sections 1231, 1355; title 10 sections 2013, 2314; title 12 sections 1141b, 1701c, 1701z-2, 1703, 1710, 1713, 1739, 1747g, 1747k, 1750c, 1788, 1827; title 15 sections 634, 2218, 2507, 2609, 2626; title 16 sections 17b, 171, 343b, 450jj-1, 504, 580c, 590z-3, 594-5, 757, 9167, 961, 1052, 2104; title 18 section 3672; title 20 sections 1034, 1070a-11, 2012, 2106, 4513, 4710, 5608, 5708, 8508; title 21 sections 360ii, 872; title 22 sections 272a, 280b, 280i, 280k, 287e, 287r, 289c, 290b, 2103, 2179, 2509, 4024; title 23 sections 140, 502; title 24 sections 322, 324; title 25 section 450j; title 28 sections 524, 604, 624, 753; title 29 section 671; title 30 section 556; title 31 sections 781, 9703; title 33 sections 1123, 1254; title 38 sections 1966, 7317, 7802, 8122, 8201; title 40 sections 71a, 212a-4, 216c, 276a-7, 481, 484, 609, 758; title 42 sections 238m, 242k, 242m, 285a-2, 285b-3, 285n, 289c, 289e, 290aa-9, 299c-4, 300c-22, 300u, 300cc-41, 1395u, 1395b-6, 1480, 1532, 1543, 1563, 1592d, 1592h, 1870, 2051, 2061, 2063, 2075, 2096, 2210, 2293, 2295, 2310, 2349, 2362, 3211, 3535, 4081, 4082, 4101, 4372, 6616, 7403, 7404, 7412, 10303; title 44 section 311; title 45 section 361; title 46 App. section 1295d; title 49 sections 1113, 5334, 10721, 13712, 15504, 47305; title 50 sections 198, 1902; title 50 App. section 1918. § 10a. American materials required for public use Notwithstanding any other provision of law, and unless the head of the department or independent establishment concerned shall determine it to be inconsistent with the public interest, or the cost to be unreasonable, 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, or supplies mined, produced, or manufactured, as the case may be, in the United States, shall be acquired for public use. This section shall not apply with respect to articles, materials, or supplies for use outside the United States, 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 Page 867 States in sufficient and reasonably available commercial quantities and of a satisfactory quality. This section shall not apply to manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold under section 428 of this title. [See main edition for credits] Section is set out in this supplement to reflect that amendment by Pub. L. 100-418 has ceased to be effective. See Effective and Termination Dates of 1988 Amendment note below. SHORT TITLE Section 7, formerly section 5, of title III of act Mar. 3, 1933, as added by Pub. L. 103-355, title X, §10005(f)(4), Oct. 13, 1994, 108 Stat. 3409, and renumbered and amended by Pub. L. 104-106, div. D, title XLIII, §4321(a)(11), Feb. 10, 1996, 110 Stat. 671, provided that: "This title [enacting this section, sections 10b and 10c of this title, and provisions set out as notes under section 10c of this title] may be cited as the 'Buy American Act'." ACT REFERRED TO IN OTHER SECTIONS The Buy American Act is referred to in sections 10b-3, 42, 428 of this title; title 10 section 2533; title 15 sections 2507, 5528; title 19 sections 2512, 2513, 3105; title 20 sections 6067, 9275; title 24 section 225h; title 25 section 1638b. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10b, 10b-2, 10c, 10d of this title; title 10 sections 2457, 2533. §10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements (a) Every contract for the construction, alteration, or repair of any public building or public work in the United States growing out of an appropriation heretofore made or hereafter to be made shall contain a provision that in the performance of the work the contractor, subcontractors, material men, or suppliers, shall use 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, or supplies mined, produced, or manufactured, as the case may be, in the United States except as provided in section 10a of this title: Provided, however, That if the head of the department or independent establishment making the contract shall find that in respect to some particular articles, materials, or supplies it is impracticable |