Page:United States Statutes at Large Volume 84 Part 1.djvu/1380

 1322 49 Stat. 1011;

64 Stat. 1267. 63 Stat. 108.

PUBLIC LAW 91-517-OCT. 30, 1970

[84 STAT.

Davis-Bacon Act, as amended (40 U.S.C. 276a—2T6a-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. 8176; 5 U.S.C. 183z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c); and "(6) a certification by the State agency of the Federal share for the project. " (b) The Secretary shall approve such application if sufficient funds to pay the Federal share of the cost of construction of such project are available from the allotment to the State, and if the Secretary finds (1) that the application contains such reasonable assurances as to title, financial support, and payment of prevailing rates of wages and overtime pay, (2) that the plans and specifications are in accord with regulations prescribed by the Secretary, (3) that the application is in conformity with the State plan approved under this part, and (4) that the application has been approved and recommended by the State agency and is entitled to priority over other projects within the State in accordance with the State's plan for persons with developmental disabilities and in accordance with regulations prescribed by the Secretary. "(c) No application shall be disapproved until the Secretary has afforded the State agency an opportunity for a hearing. " (d) Amendment of any approved application shall be subject to approval in the same manner as the original application. "WITHHOLDING OF PAYMENTS FOR CONSTRUCTION

"SEC. 136. Whenever the Secretary, after reasonable notice and opportunity for hearing to the State planning and advisory council designated pursuant to section 134(b)(1)(A) and the State agency designated pursuant to section 134(b)(1)(C) finds— " (a) that the State agency is not complying substantially with the provisions required by section 134(b) to be included in the State plan, or with regulations of the Secretary; "(b) that any assurance required to be given in an application filed under section 135 is not being or cannot be carried out; "(c) that there is a substantial failure to carry out plans and specifications related to construction approved by the Secretary under section 134; or " (d) that adequate funds are not being provided annually for the direct administration of the State plan, the Secretary may forthwith notify such State council and agency the<>"(e) no further payments will be made to the State for construction from allotments under this part; or "(f) no further payments will be made from allotments under this part for any project or projects designated by the Secretary as being affected by the action or inaction referred to in paragraph (a), (b), (c),or (d) of this section; as the Secretary may determine to be appropriate under the circumstances; and, except with regard to any project for which the application has already been approved and which is not directly affected, further payments for construction projects may be withheld, in whole or in part, until there is no longer any failure to comply (or to carry out the assurance or plans and specifications or to provide adequate funds, as the case may be) or, if such compliance (or other action) is impossible, until the State repays or arranges for the repayment of Federal moneys to which the recipient was not entitled.

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