§ 776 TITLE 29—LABOR Page 264

at the time the United States seeks recovery as

the amount of such Federal funds bore to the

cost of renovating the facility under subsection

(c)(1)(A)(ii) of this section. Such value shall be

determined by agreement of the parties or by

action brought in the United States district

court for the district in which such facility is

situated.

(f) Nonapplicability of general contract and

grant requirements; exceptions

The requirements of section 776 of this title

shall not apply to funds allotted under this section, except that subsections (g) and (h) of such

section shall be applicable with respect to such

funds.

(g) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary for each of the fiscal years 1993 through

1997.

(Pub. L. 93–112, title III, §305, as added Pub. L.

95–602, title I, §115(a), Nov. 6, 1978, 92 Stat. 2971;

amended Pub. L. 98–221, title I, §134, Feb. 22,

1984, 98 Stat. 25; Pub. L. 99–506, title I,

§103(d)(2)(C), title IV, §404, title X, §1002(d)(3),

Oct. 21, 1986, 100 Stat. 1810, 1825, 1844; Pub. L.

100–630, title II, §204(d), Nov. 7, 1988, 102 Stat.

3309; Pub. L. 102–52, §4(d), June 6, 1991, 105 Stat.

261; Pub. L. 102–569, title I, §102(p)(19), title III,

§305, Oct. 29, 1992, 106 Stat. 4358, 4417.)

PRIOR PROVISIONS

A prior section 305 of Pub. L. 93–112, title III, Sept. 26,

1973, 87 Stat. 383, as amended by Pub. L. 93–516, title I,

§107, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I,

§107, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§7,

11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 94–288,

§§1, 2, May 21, 1976, 90 Stat. 520, which authorized appropriations for fiscal years ending June 30, 1974, June

30, 1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978,

for the establishment of the Helen Keller National Center for Deaf-Blind Youths and Adults, was formerly

classified to this section and redesignated section 313 of

Pub. L. 93–112 by section 109(1) of Pub. L. 95–602. Section

313 of Pub. L. 93–112, as amended generally by section

116(2) of Pub. L. 95–602, was classified to section 777c of

this title and subsequently repealed by Pub. L. 98–221.

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–569, §102(p)(19)(A),

substituted ‘‘disabilities’’ for ‘‘handicaps’’ in two

places.

Subsec. (a)(2). Pub. L. 102–569, §102(p)(19)(B), substituted ‘‘individuals who are deaf’’ for ‘‘the deaf’’.

Subsec. (d)(1). Pub. L. 102–569, §305(1), substituted

‘‘center’’ for ‘‘facility’’ after ‘‘any’’.

Subsec. (g). Pub. L. 102–569, §305(2), substituted ‘‘1993

through 1997’’ for ‘‘1987, 1988, 1989, 1990, 1991, and 1992’’.

1991—Subsec. (g). Pub. L. 102–52 substituted ‘‘1990,

1991, and 1992’’ for ‘‘1990, and 1991’’.

1988—Subsec. (a)(1). Pub. L. 100–630 substituted ‘‘primarily for individuals with handicaps’’ for ‘‘primarily

for handicapped persons’’.

1986—Subsec. (a)(1). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (c)(2), (3). Pub. L. 99–506, §1002(d)(3), redesignated par. (3) as (2). No par. (2) had been enacted.

Subsec. (g). Pub. L. 99–506, §404, in amending section

generally, substituted authorization of appropriations

for fiscal years 1987 through 1991 for authorization of

appropriations for fiscal years 1984 through 1986.

1984—Subsec. (g). Pub. L. 98–221 substituted ‘‘for each

of the fiscal years 1984, 1985, and 1986’’ for ‘‘the fiscal

year ending September 30, 1979, and for the three succeeding fiscal years’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 776 of this title.

§ 776. General grant and contract requirements

(a) Applicability of provisions; compliance with

provisions, exceptions

The provisions of this section shall apply to

all projects approved and assisted under this

subchapter, except as otherwise provided in section 775(f) of this title. The Commissioner shall

insure compliance with this section prior to

making any grant or entering into any contract

or agreement under this subchapter, except

projects authorized under section 772 of this

title.

(b) Construction project requirements; assurances; use of funds for intended purposes; report to Congress; plans and specifications;

labor standards

To be approved, an application for assistance

for a construction project, or for a project which

involves construction, under this subchapter

must—

(1) contain or be supported by reasonable assurances that (A) for a period of not less than

twenty years after completion of construction

of the project it will be used as a public or

nonprofit facility, (B) sufficient funds will be

available to meet the non-Federal share of the

cost of construction of the project, and (C) sufficient funds will be available, when construction of the project is completed, for its effective use for its intended purpose;

(2) provide that Federal funds provided to

any agency or organization under this subchapter will be used only for the purposes for

which provided and in accordance with the applicable provisions of this section and the section under which such funds are provided;

(3) provide that the agency or organization

receiving Federal funds under this subchapter

will make an annual report to the Commissioner, which the Commissioner shall submit

to the Secretary for inclusion (in summarized

form) in the annual report submitted to the

Congress under section 712 of this title;

(4) be accompanied or supplemented by plans

and specifications which have been approved

by the Board established by section 792 of this

title, in which due consideration shall be given

to excellence of architecture and design, and

to the inclusion of works of art (not representing more than 1 per centum of the cost of the

project), and which comply with regulations

prescribed by the Commissioner relating to

minimum standards of construction and equipment (promulgated with particular emphasis

on securing compliance with the requirements

of the Architectural Barriers Act of 1968 (P.L.

90–480) [42 U.S.C. 4151 et seq.]), and with regulations of the Secretary of Labor relating to

occupational health and safety standards for

facilities for community rehabilitation programs; and

(5) contain or be supported by reasonable assurance that any laborer or mechanic employed by any contractor or subcontractor in
Page 265 TITLE 29—LABOR § 776

the performance of work on any construction

aided by payments pursuant to any grant

under this section will 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. 276a—

276a–5); and the Secretary of Labor shall have,

with respect to the labor standards specified

in this paragraph, the authority and functions

set forth in Reorganization Plan Numbered 14

of 1950 (15 F.R. 3176) and section 276c of title 40.

(c) Reservation of grant funds; additional payments

Upon approval of any application for a grant

or contract for a project under this subchapter,

the Commissioner shall reserve, from any appropriation available therefore, the amount of such

grant or contract determined under this subchapter. In case an amendment to an approved

application is approved, or the estimated cost of

a project is revised upward, any additional payment with respect thereto may be made from

the appropriation from which the original reservation was made or the appropriation for the

fiscal year in which such amendment or revision

is approved.

(d) Recovery of Federal share upon cessation of

public or nonprofit character of facilities

If, within twenty years after completion of

any construction project for which funds have

been paid under this subchapter, the facility

shall cease to be a public or nonprofit facility,

the United States shall be entitled to recover

from the applicant or other owner of the facility

the amount bearing the same ratio to the then

value (as determined by agreement of the parties or by action brought in the United States

district court for the district in which such facility is situated) of the facility, as the amount

of the Federal participation bore to the cost of

construction of such facility.

(e) Payments; adjustments for overpayments or

underpayments; advances; reimbursement;

installments; conditions

Payment of assistance or reservation of funds

made pursuant to this subchapter may be made

(after necessary adjustment on account of previously made overpayments or underpayments)

in advance or by way of reimbursement, and in

such installments and on such conditions, as the

Commissioner may determine.

(f) Workshops; residential accommodations

A project for construction of a facility for a

community rehabilitation program which is primarily a workshop may, where approved by the

Commissioner as necessary to the effective operation of the facility, include such construction

as may be necessary to provide residential accommodations for use in connection with the rehabilitation of individuals with disabilities.

(g) Sectarian activities; funds prohibition

No funds provided under this subchapter may

be used to assist in the construction of any facility which is or will be used for religious worship or any sectarian activity.

(h) Execution of direct services to individuals

with disabilities

When, in any State, funds provided under this

subchapter will be used for providing direct

services to individuals with disabilities or for

developing or improving community rehabilitation programs which will provide such services,

such services must be carried out in a manner

not inconsistent with the State plan approved

pursuant to section 721 of this title.

(i) State agency commentary on grant or contract

Prior to making any grant or entering into

any contract under this subchapter, the Commissioner shall afford reasonable opportunity to

the appropriate State agency or agencies designated pursuant to section 721 of this title to

comment on such grant or contract.

(Pub. L. 93–112, title III, §306, Sept. 26, 1973, 87

Stat. 384; Pub. L. 93–516, title I, §111(l), Dec. 7,

1974, 88 Stat. 1621; Pub. L. 93–651, title I, §111(l),

Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I,

§§115(b), 122(c)(4)–(6), Nov. 6, 1978, 92 Stat. 2972,

2987; Pub. L. 99–506, title I, §103(d)(2)(C), title X,

§1002(d)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub.

L. 100–630, title II, §204(e), Nov. 7, 1988, 102 Stat.

3309; Pub. L. 102–569, title I, §102(p)(20), title III,

§306, Oct. 29, 1992, 106 Stat. 4359, 4417.)

REFERENCES IN TEXT

The Architectural Barriers Act of 1968, referred to in

subsec. (b)(4), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat.

718, as amended, which is classified generally to chapter 51 (§4151 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 4151 of

Title 42 and Tables.

The Davis-Bacon Act, as amended, referred to in subsec. (b)(5), 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, referred to

in subsec. (b)(5), 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.

CODIFICATION

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note

set out under section 701 of this title.

PRIOR PROVISIONS

Prior similar provisions were contained in former

sections 34, 41a, 41b, 42–1, and 42a of this title.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §306(1), made technical amendment to reference to section 772 of this

title to reflect renumbering of corresponding section of

original act.

Subsec. (b)(4). Pub. L. 102–569, §306(2), substituted ‘‘facilities for community rehabilitation programs’’ for

‘‘rehabilitation facilities’’.

Subsec. (f). Pub. L. 102–569, §§102(p)(20), 306(3), substituted ‘‘facility for a community rehabilitation program’’ for ‘‘rehabilitation facility’’ and ‘‘disabilities’’

for ‘‘handicaps’’.

Subsec. (h). Pub. L. 102–569, §§102(p)(20), 306(4), substituted ‘‘disabilities’’ for ‘‘handicaps’’ and ‘‘developing

or improving community rehabilitation programs’’ for

‘‘establishing facilities’’.
§ 777 TITLE 29—LABOR Page 266

1988—Subsec. (b)(4). Pub. L. 100–630, §204(e)(1), substituted ‘‘relating’’ for ‘‘related’’ after ‘‘Commissioner’’.

Subsec. (b)(5). Pub. L. 100–630, §204(e)(2), inserted

‘‘the’’ before ‘‘Davis-Bacon Act’’.

Subsec. (h). Pub. L. 100–630, §204(e)(3), inserted

comma after ‘‘When’’.

1986—Subsec. (a). Pub. L. 99–506, §1002(d)(4), substituted ‘‘775(f)’’ for ‘‘775(g)’’.

Subsecs. (f), (h). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

1978—Subsec. (a). Pub. L. 95–602, §§115(b), 122(c)(4), inserted ‘‘, except as otherwise provided in section 775(g)

of this title’’ after ‘‘assisted under this subchapter’’

and substituted ‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (b)(3). Pub. L. 95–602, §122(c)(5), substituted

provision directing that the annual report of agencies

and organizations receiving Federal funds be made to

the Commissioner who will then submit it to the Secretary for provision directing that the annual report be

made to the Secretary.

Subsec. (b)(4). Pub. L. 95–602, §122(c)(6), substituted

‘‘prescribed by the Commissioner’’ for ‘‘prescribed by

the Secretary’’.

Subsecs. (c), (e), (f), (i). Pub. L. 95–602, §122(c)(4), substituted ‘‘Commissioner’’ for ‘‘Secretary’’ wherever appearing.

1974—Subsec. (b). Pub. L. 93–516, in provisions preceding par. (1), substituted ‘‘a construction project, or for

a project which involves construction, under’’ for ‘‘a

construction project under’’, and in par. (4), substituted

‘‘plans and specifications which have been approved by

the Board established by section 792 of this title, in

which’’ for ‘‘plans and specifications in which’’.

Pub. L. 93–651 amended subsec. (b) in exactly the

same manner as it was amended by Pub. L. 93–516.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 721, 762, 773, 775,

777a, 777b, 777f, 797b of this title.

PART B—SPECIAL PROJECTS AND

SUPPLEMENTARY SERVICES

§ 777. Authorization of appropriations

For the purpose of carrying out this part

(other than sections 777a(c), 777a(d), 777b, and

777f of this title), there are authorized to be appropriated such sums as may be necessary for

each of fiscal years 1993 through 1997.

(Pub. L. 93–112, title III, §310, as added Pub. L.

95–602, title I, §116(2), Nov. 6, 1978, 92 Stat. 2973;

amended Pub. L. 98–221, title I, §135, title II,

§208(b), Feb. 22, 1984, 98 Stat. 25, 34; Pub. L.

99–506, title IV, §405, Oct. 21, 1986, 100 Stat. 1825;

Pub. L. 100–630, title II, §204(f), Nov. 7, 1988, 102

Stat. 3309; Pub. L. 102–52, §4(e)(1), June 6, 1991,

105 Stat. 261; Pub. L. 102–569, title III, §307, Oct.

29, 1992, 106 Stat. 4418; Pub. L. 103–73, title I,

§110(b), Aug. 11, 1993, 107 Stat. 726.)

AMENDMENTS

1993—Pub. L. 103–73 substituted ‘‘sections 777a(c),

777a(d),’’ for ‘‘sections 777a(d), 777a(e),’’.

1992—Pub. L. 102–569 struck out subsec. designation

‘‘(a)’’, substituted ‘‘777b, and 777f’’ for ‘‘and 777f’’ and

‘‘such sums as may be necessary for each of fiscal years

1993 through 1997’’ for ‘‘$15,860,000 for fiscal year 1987,

$16,790,000 for fiscal year 1988, $17,800,000 for fiscal year

1989, $18,900,000 for fiscal year 1990, $19,675,000 for fiscal

year 1991, and such sums as may be necessary for fiscal

year 1992.’’, and struck out subsec. (b) which read as follows: ‘‘Of the amounts appropriated for any fiscal year

under subsection (a) of this section, 5 percent of such

amount shall be available in such fiscal year only for

the purpose of making grants under section 777b of this

title. There is further authorized to be appropriated for

each such fiscal year such additional amount as may be

necessary to equal, when added to the amount made

available for the purpose of making grants under section 777b of this title, an amount of $5,000,000 for each

such fiscal year.’’

1991—Subsec. (a). Pub. L. 102–52 struck out ‘‘and’’

after ‘‘1990,’’ and inserted ‘‘, and such sums as may be

necessary for fiscal year 1992’’ after ‘‘1991’’.

1988—Subsec. (a). Pub. L. 100–630 substituted ‘‘(other

than sections 777a(d), 777a(e), and 777f of this title)’’ for

identical language.

1986—Subsec. (a). Pub. L. 99–506, §405(1), substituted

‘‘(other than sections 777a(d), 777a(e), and 777f of this

title)’’ for ‘‘(other than section 777f of this title)’’.

Pub. L. 99–506, §405(2), which directed the substitution

of ‘‘$15,860,000 for fiscal year 1987, $16,790,000 for fiscal

year 1988, $17,800,000 for fiscal year 1989, $18,900,000 for

fiscal year 1990, and $19,675,000 for fiscal year 1991’’ for

‘‘$12,900,000 for the fiscal year 1984, $13,600,000 for the

fiscal year 1985, and $14,300,000 for the fiscal year 1986’’

was executed by substituting the new phrase for

‘‘$12,900,000 for fiscal year 1984, $13,600,000 for fiscal year

1985, and $14,300,000 for fiscal year 1986’’ as the probable

intent of Congress.

1984—Subsec. (a). Pub. L. 98–221, §135, substituted

‘‘777f’’ for ‘‘777c’’ and ‘‘$12,900,000 for fiscal year 1984,

$13,600,000 for fiscal year 1985, and $14,300,000 for fiscal

year 1986’’ for ‘‘such sums as may be necessary for each

fiscal year ending prior to October 1, 1982’’, which

amendment was executed by making such substitution

for ‘‘such sums as may be necessary for each fiscal year

ending before October 1, 1982’’ as the probable intent of

Congress.

Pub. L. 98–221, §208(b), which directed the striking out

of ‘‘(other than section 777c of this title),’’, could not be

executed in view of previous amendment by section 135

of Pub. L. 98–221. See above.

§ 777a. Special demonstration programs

(a) Grants to States and to public and nonprofit

agencies and organizations

Subject to the provisions of section 776 of this

title, the Commissioner may make grants to

States and to public or nonprofit agencies and

organizations to pay part or all of the costs of

special projects and demonstrations (including

related research and evaluation) for—

(1) establishing programs for providing vocational rehabilitation services, which hold

promise of expanding or otherwise improving

rehabilitation services to individuals with disabilities (especially those with the most severe disabilities), including individuals who

are members of populations that are unserved

or underserved by the programs under this

chapter, individuals who are blind, and individuals who are deaf;

(2) applying new types or patterns of services or devices for individuals with disabilities

(including programs for providing individuals

with disabilities, or other individuals in programs servicing individuals with disabilities,

with opportunities for new careers and career

advancement);

(3) operating programs to demonstrate

methods of making recreational activities

fully accessible to individuals with disabilities; and

(4) operating programs to meet the special

needs of isolated populations of individuals

with disabilities, particularly among American Indians residing on or outside of reservations.