Page:United States Statutes at Large Volume 108 Part 3.djvu/111

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1863 notice for that use under subsection (a), an eligible unit of general local government may use assistance under this chapter, and shall provide notice of that use to the Secretary under subsection (a), for any other activity that is consistent with 1 or more of the purposes described in section 6701(a)(2). "(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE. — Notice by a unit of general local government that it intends to use assistance under this chapter for an activity other than an activity described in subsection (a) is deemed to describe an activity that is consistent with 1 or more of the purposes described in section 6701(a)(2) unless the Secretary provides to the unit, within 30 days after receipt of that notice of intent from the unit, written notice (including an explanation) that the use is not consistent with those purposes. "(d) GENERAL REQUIREMENTS FOR QUALIFICATION. —A unit of general local government qualifies for a payment under this chapter for a payment period only after establishing to the satisfaction of the Secretary that— "(1) the government will establish a trust fund in which the government will deposit all payments received under this chapter; "(2) the government will use amounts in the trust fund (including interest) during a reasonable period; "(3) the government will expend the payments so received, in accordance with the laws and procedures that are applicable to the expenditure of revenues of the government; "(4) if at least 25 percent of the pay of individuals employed by the government in a public employee occupation is paid out of the trust fund, individuals in the occupation any part of whose pay is paid out of the trust fund will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government; "(5) all laborers and mechanics employed by contractors or subcontractors in the perfoiinance of any contract and subcontract for the repair, renovation, alteration, or construction, including painting and decorating, of any building or work that is financed in whole or in part by a grant under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the authority and functions set forth in Reorganization Plan No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948); "(6) the government will use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Secretary after consultation with the Comptroller General of the United States. As applicable, amounts received under this chapter shall be audited in compliance with the Single Audit Act of 1984; "(7) after reasonable notice to the government, the govern- Recordls. ment will make available to the Secretary and the Comptroller General of the United States, with the right to inspect, records the Secretary reasonably requires to review compliance with this chapter or the Comptroller General of the United States

�