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8 48c. Authorization of appropriations.

There are authorized to be appropriated to the Committee to carry out sections 46 to 48c of this title $200,000 each for the fiscal year ending June 30, 1972, and the next succeeding fiscal year, and $240,000 for the fiscal year ending June 30, 1974. (June 25, 1938, ch. 697, § 6 as added June 23, 1971, Pub. L. 92-28, § 1, 85 Stat. 82, and amended July 30, 1973, Pub. L. 93–76, 39 Stat. 176.)

AMENDMENTS 1973—Pub. L. 93–76 increased the authorization of appropriation to $240,000 for the fiscal year ending June 30, 1974.

EFFECTIVE DATE Section effective Aug. 1, 1971, see section 2 of Pub. L. 92–28, set out as a note under section 46 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 46, 48a, 48b of this title.

Chapter 4.-PROCUREMENT PROCEDURES

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 section 575; title 20 section 1221e; title 22 section 277d-34; title 40 section 602a; title 42 section 19610-8.

8 251. Declaration of purpose of this chapter.

COMMISSION ON GOVERNMENT PROCUREMENT Pub. L. 91-129, Nov. 26, 1969, 83 Stat. 269, as amended by Pub. L. 92–47, July 9, 1971, 85 Stat. 102, provided that:

*

(3) The term "qualified nonprofit agency for the blind" means an agency

(A) organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

(C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services.

(4) The term "qualified nonprofit agency for other severely handicapped” means an agency

(A) organized under the laws of the United States or of any State, operated in the interest of severely handicapped individuals who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

(C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind or other severely handicapped individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services.

(6) 1 The term “direct labor" includes all work required for preparation, processing, and packing, but not supervision, administration, inspection, and shipping.

(7) The term “fiscal year” means the twelvemonth period beginning on July 1 of each year.

(8) The terms "Government" and "entity of the Government” include any entity of the legislative branch or the judicial branch, any executive agency or military department (as such agency and department are respectively defined by sections 102 and 105 of Title 5), the United States Postal Service, and any nonappropriated fund instrumentality under the jurisdiction of the Armed Forces.

(9) The term “State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (June 25, 1938, ch. 697, § 5, as added June 23, 1971, Pub. L. 92–28, § 1,85 Stat. 81.)

EFFECTIVE DATE Section effective Aug. 1, 1971, see section 2 of Pub. L. 92– 28, set out as a note under section 46 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 46, 48a, 48c of this title.

“Sec. 4. [Duties; study of procurement procedures; report to Congress). (a) The Commission shall study and investigate the present statutes affecting Government procurement; the procurement policies, rules, regulations, procedures, and practices followed by the departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the executive branch of the Federal Government; and the organizations by which procurement is accomplished to determine to what extent these facilitate the policy set forth in the first section of this Act.

"(b) The Commission shall make, on or before December 31, 1972, a final report to the Congress of its findings and its recommendations for changes in statutes, regulations, policies, and procedures designed to carry out the policy stated in section 1 of this Act. In the event the Congress is not in session at the time of submission, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may also make such interim reports as it deems advisable."

$ 252. Purchases and contracts for property.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 2509.

$ 254. Negotiated contracts.

FOREIGN CONTRACTORS Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising the authority provided in the amendment of this section by Pub. L. 89-607 to exempt certain contracts with foreign contractors from the requirement of an examination-ofrecords clause, that all reasonable efforts have been made to include such examination-of-records clause, as required by par. (11) of Part I of Ex. Ord. No. 10789, and that alternate sources of supply are not reasonably avallable, see par. (11) of Part I of Ex. Ord. No. 10789, Nov. 14, 1958, 23 F.R. 8897, as amended, set out as a note under section 1431 of Title 50, War and National Defense.

1 Section enacted in the original without item “(5)".

and fringe benefit determinations specified in this section.

Chapter 6.-SERVICE CONTRACT LABOR

STANDARDS Sec. 358. Wage and fringe benefit determinations of Secretary

(New).

(As amended Pub. L. 92–473, $$ 1, 2, Oct. 9, 1972, 86 Stat. 789.)

AMENDMENTS 1972—Subsec. (a)(1). Pub. L. 92-473, $ 1(a), provided for minimum monetary wages to be paid service employees where collective-bargaining agreement covers any such service employees in accordance with the rates for such employees provided for in such agreement, including prospective wage increases provided for in such agreement as a result of arm's-length negotiations.

Subsec. (a) (2). Pub. L. 92–473, $ 1(b), provided for fringe benefits to be furnished service employees where collective-bargaining agreement covers any such service employees, to be provided for in such agreement, including prospective fringe increases provided for in such agreement as a result of arm's-length negotiations. Subsec. (a) (5). Pub. L. 92-473, $ 2, added par. (5).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 358 of this title; title 29 section 848; title 42 section 4881.

§ 353. Law governing Secretary's authority; limita

tions and regulations allowing variations, tolerances and exemptions; predecessor contracts, applicability; duration of contracts.

8 351. Required contract provisions; minimum wages.

(a) Every contract (and any bid specification therefor) entered into by the United States or the District of Columbia in excess of $2,500, except as provided in section 356 of this title, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States through the use of service employees, as defined herein, shall contain the following:

(1) A provision specifying the minimum monetary wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder, as determined by the Secretary, or his authorized representative, in accordance with prevailing rates for such employees in the locality, or, where a collective-bargaining agreement covers any such service employees, in accordance with the rates for such employees provided for in such agreement, including prospective wage increases provided for in such agreement as a result of arm's length negotiations. In no case shall such wages be lower than the minimum specified in subsection (b) of this section.

(2) A provision specifying the fringe benefits to be furnished in the various classes of service employees, engaged in the performance of the contract or any subcontract thereunder, as determined by the Secretary or his authorized representative to be prevailing for such employees in the locality, or, where a collective-bargaining agreement covers any such service employees, to be provided for in such agreement, including prospective fringe benefits increases provided for in such agreement as a result of arm's-length negotiations. Such fringe benefits shall include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor. The obligation under this subparagraph may be discharged by furnishing any equivalent combinations of fringe benefits or by making equivalent or differential payments in cash under rules and regulations established by the Secretary.

(b) The Secretary may provide such reasonable limitations and may make such rules and regulations allowing reasonable variation, tolerances, and exemptions to and from any or all provisions of this chapter (other than section 358 of this title), but only in special circumstances where he determines that such limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of government business, and is in accord with the remedial purpose of this chapter to protect prevailing labor standards.

(c) No contractor or subcontractor under a contract, which succeeds a contract subject to this chapter and under which substantially the same services are furnished, shall pay any service employee under such contract less than the wages and fringe benefits, including accrued wages and fringe benefits, and any prospective increases in wages and fringe benefits provided for in a collective-bargaining agreement as a result of arm's-length negotiations, to which such service employees would have been entitled if they were employed under the predecessor contract: Provided, That in any of the foregoing circumstances such obligations shall not apply if the Secretary finds after a hearing in accordance with regulations adopted by the Secretary that such wages and fringe benefits are substantially at variance with those which prevail for services of a character similar in the locality.

(d) Subject to limitations in annual appropriation Acts but notwithstanding any other provision of law, contracts to which this chapter applies may, if authorized by the Secretary, be for any term of years not exceeding five, if each such contract provides for the periodic adjustment of wages and fringe benefits pursuant to future determinations, issued in the manner prescribed in section 351 of this title no less often than once every two years during the term of the contract, covering the various classes of service

(5) A statement of the rates that would be paid by the Federal agency to the various classes of service employees if section 5341 of Title 5 were applicable to them. The Secretary shall give due consideration to such rates in making the wage

employees. (As amended Pub. L. 92-473, § 3, Oct. 9, 1972, 86 Stat. 789.)

AMENDMENTS 1972–Subsec. (b). Pub. L. 92–473, $ 3(a), excluded section 358 of this title from being subject to Secretary's authority to provide limitations and to make regulations respecting application of provisions of this chapter, substituted "but only in special circumstances where he determines that such limitation, variation, tolerance, or exemption is necessary and proper” for “as he may find necessary and proper", and authorized administrative action in accord with the remedial purpose of this chapter to protect prevailing labor standards.

Subsecs. (c), (d). Pub. L. 92-473, $ 3(b), added subsecs. (c) and (d).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 848.

354. List of violators; prohibition of contract award

to firms appearing on list; actions to recover

underpayments; payment of sums recovered. (a) The Comptroller General is directed to distribute a list to all agencies of the Government giving the names of persons or firms that the Federal agencies or the Secretary have found to have violated this chapter. Unless the Secretary otherwise recommends because of unusual circumstances, no contract of the United States shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have a substantial interest until three years have elapsed from the date of publication of the list containing the name of such persons or firms. Where the Secretary does not otherwise recommend because of unusual circumstances, he shall, not later than ninety days after a hearing examiner has made a finding of a violation of this chapter, forward to the Comptroller General the name of the individual or firm found to have violated the provisions of this chapter.

Rico, the Virgin Islands, Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island, and Canton Island, but shall not include any other territory under the jurisdiction of the United States or any United States base or possession

within a foreign country. (As amended Pub. L. 93–57, § 1, July 6, 1973, 87 Stat. 140.)

AMENDMENTS 1973–Subsec. (d). Pub. L. 93-57 defined term “United States" to include Canton Island.

EFFECTIVE DATE OF 1973 AMENDMENT Section 2 of Pub. L. 93–57 provided that: "The amendment (to subsec. (d) of this section) made hereby shall be effective with respect to all contracts entered into at any time after the date of enactment (July 6, 1973)." 8 358. Wage and fringe benefit determinations of

Secretary. It is the intent of the Congress that determinations of minimum monetary wages and fringe benefits for the various classes of service employees under the provisions of paragraphs (1) and (2) of section 351 of this title should be made with respect to all contracts subject to this chapter, as soon as it is administratively feasible to do so. In any event, the Secretary shall make such determinations with respect to at least the following contracts subject to this chapter which are entered into during the applicable fiscal year:

(1) For the fiscal year ending June 30, 1973, all contracts under which more than twenty-five service employees are to be employed.

(2) For the fiscal year ending June 30, 1974, all contracts, under which more than twenty service employees are to be employed.

(3) For the fiscal year ending June 30, 1975, all contracts under which more than fifteen service employees are to be employed.

(4) For the fiscal year ending June 30, 1976, all contracts under which more than ten service employees are to be employed.

(5) For the fiscal year ending June 30, 1977, and for each fiscal year thereafter, all contracts under which more than five service employees are to be

employed. (Pub. L. 89–286, § 10, as added Pub. L. 92–473, $ 5, Oct. 9, 1972, 86 Stat. 790.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 353 of this title.

(As amended Pub. L. 92–473, § 4, Oct. 9, 1972, 86 Stat. 790.)

AMENDMENTS 1972–Subsec. (a). Pub. L. 92-473 authorized award of contracts to violators because of unusual circumstances and required the Secretary to forward names of violators to Comptroller General within ninety days of hearing examiner's finding of a violation where the Secretary does not recommend awards because of unusual circumstances.

8357. Definitions.

For the purposes of this chapter

(d) The term "United States” when used in a geographical sense shall include any State of the United States, the District of Columbia, Puerto

1 So in original. Probably should read paragraphs 1 and 2 of section 351 (a) of this title.

TITLE 42.-THE PUBLIC HEALTH AND WELFARE

Chap.

Sec. 35A. Community Service Employment for Older Americans (New).....

3061 64. Public Service Employment Programs (New)

4871 65. Noise Control (New)...

4901 66. Domestic Volunteer Services (New)...... 4951

Chapter 6A.—THE PUBLIC HEALTH SERVICE

SUBCHAPTER I.-ADMINISTRATION Sec. 234. Public Health and National Health Service

Corps Scholarship Training Program (New). (a) Establishment; statement of purpose. (b) Criteria for acceptance and participation

of applicants. (c) Duration of scholarships; amount of pay

ments. (d) Contracting authority of Secretary with

accredited educational institution for payment of tuition, etc.; reimbursement of participants in lieu of contract with

educational institution. (e) Active duty obligations of participants;

duration; deferment; commencement;

credits. (1) Liability for failure to complete an active

duty service obligation, academic dismissal from the Program, or voluntary termination of academic training in the Program; recovery by United States of amounts paid out; waiver or suspen

sion of liability. (8) Employment ceiling of the Department of

Health, Education, and Welfare not af.

fected by participants.
(h) Issuance of regulations by Secretary.

(1) Authorization of appropriations. SUBCHAPTER II.-GENERAL POWERS AND DUTIES

PART B.-FEDERAL-STATE COOPERATION 247c. Venereal disease prevention and control projects

and programs (New). (a) Technical assistance. (b) Research, demonstration, and training

projects; authorization of appropria

tions. (c) Program grants to States; authorization

of appropriations; "State" defined; State plan requirements, approval by Secretary; State allotments, limitation; unobligated funds; reallotment;

amount of grant, limitation; payments. (d) Project grants to States; authorization of

appropriations. (e) Terms and conditions; payments; record

keeping; audit; grant reduction; infor

mation disclosure.
(1) Conditional limitation on use of funds.
(8) Limitations on section 247b grants.
(h) Consent of individuals.

PART K.-QUALITY ASSURANCE (NEW) 280c.

Programs to assure quality of health care.
(a) Evaluation and research respecting effec-

tiveness, administration, and enforce-
ment of programs; authorization of ap-

propriations. (b) Annual report to President and Congress. Page 1531

SUBCHAPTER III.-NATIONAL RESEARCH INSTITUTES

PART A.-NATIONAL CANCER INSTITUTE Sec. 286a. National Cancer Program (New).

(a) Coordination of Institute activities with

National Cancer Program. (b) Director of National Cancer Institute;

duties. (c) President's Cancer Panel; membership;

term; Chairman; compensation and travel expenses; meetings; transcripts;

reports to President. 286b. National Cancer Research and Demonstration

Centers (New). (a) Authorization of specified number; sup

port for Centers. (b) Cooperative agreement with nonprofit

agencies or institutions for Federal payments of basic operating support; uses of Federal funds; support limitation;

periods and extensions of support. 286c. Cancer Control Programs (New).

(a) Cooperation with State and other health

agencies.

(b) Authorization of appropriations. 286d.

Authority of Director of National Cancer Insti

tute (New). 286e. Scientific review; use of peer review groups; re

ports to Congress (New). 2861. National Cancer Advisory Board (New).

(a) Membership; representation of interests;

qualifications of appointees. (b) Terms; quorum; National Cancer Advisory

Board supersedure of National Advisory

Cancer Council. (c) Chairman. (d) Meetings; advisory and auxiliary func

tions. (e) Executive Secretary. (1) Investigation of programs and activities;

hearings; testimony; time and place for

convening and acting.
(g) Reports to President and Congress.
(h) Compensation and travel expenses.

(1) Staff, information, and other assistance. 286g. Authorization of appropriations (New).

PART B.-NATIONAL HEART AND LUNG INSTITUTE 287b. National heart, blood vessel, lung, and blood

disease program (New). (a) Plan development; National Institutes of

Health and National Institute of Neurological Diseases and Stroke, coordina

tion provision. (b) Transmittal of plan and report to Con

gress. (c) Director of the Institute; functions. (d) Assistant Director for Health Information

Programs; appointment; functions; spe

cial emphasis of program. 287c. Heart, blood vessel, lung, and blood disease

prevention and control programs (New). (a) Establishment.

(b) Authorization of appropriations. 287d. National research and demonstration centers for

heart, blood vessel, lung, and blood diseases

(New). (a) Research, training, demonstration, and

disease prevention activities.

Sec. 287d. National research and demonstration centers for

heart (New)-Continued (b) Payments under cooperative agreements

with public or nonprofit agencies; use of funds; limitations; "construction"

defined.
287e. Interagency Technical Committee (New).

(a) Establishment; coordination functions.
(b) Chairman; representation from Federal

agencies. 287f. National Heart and Lung Advisory Council

(New). (a) Establishment; membership; ex officio

members; selection of members. (b) Terms; vacancies; service pending succes

sion in office; quorum; Council as successor to National Advisory Heart Council; additional membership from former Council; compensation and travel ex

penses. (c) Chairman. (d) Executive Secretary; staff, information,

and other assistance.

(e) Meetings.
287g. Functions of Council (New).

(a) General authorization.
(b) Assistance respecting section 287b Pro-

gram; hearings; evidence; time and
place for sessions; transmittal of report

to Congress. 287h. Administration (New).

(a) Authority of the Secretary: grants-in-aid. (b) Acceptance of conditional gifts; me

morials.

(c) Research and training grants; limitations. 2871. Authorization of appropriations (New). PART D.-NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM,

AND DIGESTIVE DISEASES; NATIONAL INSTITUTE OF NEURO

LOGICAL DISEASES AND STROKE; AND OTHER INSTITUTES 289c-1. National Institute of Arthritis, Metabolism, and

Digestive Diseases (New). PART G.-ADMINISTRATIVE PROVISIONS (New) 2891. Directors of Institutes; appointment; direct re

porting requirement.

PART C.STUDENT LOANS Subpart 11.-Student Loans by Secretary to Citizens of

United States Who Are Full-Time Students in Schools

of Medicine Located Outside United States (New)
Sec.
294g. Student loans.

(a) Authority of Secretary.
(b) Terms and conditions.
(c) Special conditions.

(d) Authorization of appropriations. PART D.-GRANTS FOR FAMILY MEDICINE, TRAINING, TRAIN

EESHIPS, AND FELLOWSHIPS AND COMPUTER TECHNOLOGY

HEALTH CARE DEMONSTRATION PROGRAMS 295e-1. Grants for training, traineeships, and fellow

ships in family medicine; authorization of

appropriations (New). 295e-2. Grants for support of postgraduate training

programs for physicians and dentists

(New). (a) Authorization of appropriations. (b) Shortage of qualified physicians or den

tists in primary care and other health care areas; amount of grant for fiscal year; computation of grant where total

of grants exceeds appropriation. (c) Applications for grants; filing date; eligi

bility: contents; consultation with Council; definition of "primary health care"; designation of other health care

areas; guidelines for applicants. 295e-3. Grants for training, traineeships, and fellow

ships for health professions teaching per

sonnel (New). (a) Authorization of appropriations. (b) Authority of Secretary. (c) Percentage limitation for traineeships

and fellowships. 295e 4. Grants for computer technology health care

demonstration programs; authorization of

appropriations (New). 295e-5. General provisions (New).

(a) Applications for grants: submission, ap

proval by Secretary, regulations. (b) Payments limitation for traineeships and

fellowships. (c) Amount of grant: determination by

Secretary; payments: advances or re

imbursement, intervals, conditions. PART E.-GRANTS AND CONTRACTS TO IMPROVE QUALITY OF

SCHOOLS OF MEDICINE, OSTEOPATHY, DENTISTRY, VETERI-
NARY MEDICINE, OPTOMETRY, PHARMACY, AND PODIATRY:

HEALTH MANPOWER EDUCATION INITIATIVE AWARDS 2951-5. Applications for capitation, start-up, special

project, and financial distress grants (New). (a) Filing dates. (b) Eligibility conditions. (c) Consultation with Council.

(d) Approval by Secretary; contents. 295f-6. Training in emergency medical services (New).

(a) Authority of Secretary; grants to and con

tracts with appropriate eductional en

tities, (b) Applicants and applications; eligible en

tities; requirements. (c) Amount of grant or contract; determina

tion by Secretary; payments: advances or reimbursement, intervals, conditions;

reports of grantees and contractees. (d) Prohibitions and restrictions inapplicable. (e) Authorization of appropriations.

PART F.-SCHOLARSHIP GRANTS Subpart II.-Scholarships by Secretary to Citizens of

United States Who Are Full-Time Students in Schools

of Medicine Located outside United States (New) 295g-11. Scholarship grants for study abroad.

(a) Authority of Secretary.
(b) Financial need; domestic medical prac-

tice agreement; maximum amount of
scholarships.

Part H.-MISCELLANEOUS PROVISIONS

SUBCHAPTER V.-HEALTH RESEARCH AND TEACHING

FACILITIES, TRAINING OF PROFESSIONAL HEALTH PERSONNEL AND MENTAL RETARDATION RESEARCH

FACILITIES PART B.-GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES FOR MEDICAL, DENTAL, AND OTHER HEALTH PERSONNEL 2931, Loan guarantees and interest subsidies (New).

(a) Eligibility of private entity; commitments;

percentage limitation. (b) Amount of interest subsidy. (c) Application; contents, approval by Secre

tary; terms, conditions, security, and repayments schedule; interest rate; loan

not otherwise available. (d) Recovery right; waiver; subrogation;

modification of terms and conditions; incontestability: fraud or misrepresenta

tion exceptions. (e) Loan guarantee and interest subsidy fund;

establishment; fiscal year availability; sources of moneys: appropriations authorization; operations under section; notes or obligations: issuance by Secretary, forms and denominations, maturities, terms and conditions, interest rate, purchase and sale by Secretary of Treasury;

conditions and restrictions, redemption. (1) Limitations. (8) Administrative assistance.

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