text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1036

 90 STAT. 986 Impoundment.

Compensation.

49 USC 301.

Record maintenance.

Hearings.

Documentary evidence, access.

Reports and answers, filing.

PUBLIC LAW 94-364—JULY 14, 1976 " (B) to impound, for a period not to exceed 72 hours, for purposes of inspection, any motor vehicle or item of motor vehicle equipment that the Secretary reasonably believes to have been the object of a violation of this title; and " (C) to inspect any factory, warehouse, establishment, premises, vehicle, or equipment referred to in subparagraph (A) or (B) of this paragraph. E a c h inspection or impoundment under this paragraph shall be commenced and completed with reasonable promptness. " (3) Whenever, under the authority of paragraph (2)(B) of this subsection, the Secretary impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to part II of the Interstate Commerce Act) or any item of motor vehicle equipment, he shall pay reasonable compensation to the owner of such vehicle or equipment to the extent that such inspection or impounding results in the denial of the use of the vehicle or equipment to its owner or in the reduction in value of the vehicle or equipment. " (b) For the purpose of enabling the Secretary to determine whether any dealer or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder, each dealer and distributor shall— " (1) maintain such records as the Secretary may reasonably require to make such determination; " (2) permit an oificer or employee duly designated by the Secretary, upon request of such officer or employee, to inspect appropriate books, papers, records, and documents relevant to making such determination; and " (3) provide such officer or employee information from records required to be maintained under this subsection as the Secretary finds necessary for such determination if the Secretary (A) provides the reason or purpose for requiring such information, and (B) identifies to the fullest extent practicable such information. Nothing in this subsection authorizes the Secretary to require a dealer or distributor to provide information on a regular periodic basis. " (c)(1) For the purpose of carrying out the provisions of this title, the Secretary or, with the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable. " (2) I n order to carry out the provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title. " (3) Except to the extent inconsistent with the last sentence of subsection (b) of this section, the Secretary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1037

 PUBLIC LAW 94-364—JULY 14, 1976 "(4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or (3) of this subsection, issue an order requiring compliance therewith, and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(5) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage which are paid witnesses in the courts of the United States. "(d) All information reported to or otherwise obtained by the Secretary or his representative under this title, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress. u ADMINISTRATIVE

90 STAT. 987

Witness fees.

Information confidentiality.

WARRANTS

"SEC. 415. (a) A warrant under this section shall be required for any entry or adminstrative inspection (including impoundment of motor vehicles or motor vehicle equipment) authorized by section 414 of this Act, except if such entry or inspection is— " (1) with the consent of the owner, operator, or agent in charge of the factory, warehouse, establishment, or premises; "(2) in situations involving inspection of motor vehicles where there is reasonable cause to believe that the mobility of the motor vehicle makes it impracticable to obtain a warrant; " (3) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; "(4) for access to and examination of books, records, and any other documentary evidence pursuant to section 414(c)(2); or "(5) in any other situations where a warrant is not constitutionally required. "(b) Issuance and execution of administrative inspection warrants shall be as follows: "(1) Any judge of the United States or of a State court of record, or any United States magistrate, may, within his territorial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by section 414 and of impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections. For the purposes of this section, the term 'probable cause' means a valid public interest in the effective enforcement of this title or regulations issued thereunder sufficient to justify administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof, in the circumstances specified in the application for the warrant.

15 USC 1990e, Ante, p. 985.

Issuance and execution.

"Probable cause."

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1038

 90 STAT. 988

Ante, p. 985.

Impounded property.

Inventory.

Filing.

PUBLIC LAW 94-364—JULY 14, 1976 "(2) A warrant shall be issued only upon an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist, he shall issue a warrant identifying the area, factory, warehouse, establishment, premises, or motor vehicle to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall— "(A) identify the items or type of property to be impounded, if any; "(B) be directed to a person authorized under section 414 to execute it; "(C) state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof; "(D) command the person to whom it is directed to inspect the area, factory, warehouse, establishment, premises, or motor vehicle identified for the purpose specified, and, where appropriate, shall direct the impoundment of the property specified; " (E) direct that it be served during the hours specified in it; and " (F) designate the judge or magistrate to whom it shall be returned. " (3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing by the Secretary of a need therefor, the judge or magistrate allows additional time in the warrant. If property is impounded pursuant to a warrant, the person executing the warrant shall give the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge or magistrate, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. "(4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the district court of the United States for the judicial district in which the inspection was made. 'PROHIBITED ACTS

15 USC 1990f. Ante, p. 985.

"SEC. 416. No person shall fail to comply with the requirements of section 414 to maintain records, make reports, provide information, permit access to or copying of records, permit entry or inspection, or permit impounding.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1039

 PUBLIC LAW 94-364—JULY 14, 1976 ((AUTHORIZATION

90 STAT. 989

OF APPROPRIATIONS

"SEC. 417. There are authorized to be appropriated to carry out this 15 USC 1990g. title $450,000 for the fiscal year ending June 30, 1976; $100,000 for the period beginning July 1, 1976, and ending September 30, 1976; $650,000 for the fiscal year ending September 30, 1977; and $562,000 for the fiscal year ending September 30, 1978.". Approved July 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-764 accompanying H.R. 10807 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-155 (Comm. on Commerce). CONGRESSIONAL RECORD: VoL 121(1975): June 5, considered and passed Senate. Vol. 122 (1976): Jan. 22, considered and passed House, amended, in lieu of H.R. 10807. June 29, Senate agreed to House amendments with amendments. July 1, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1040

 90 STAT. 990

PUBLIC LAW 94-365—JULY 14, 1976

Public Law 94-365 94th Congress An Act July 14, 1976 [H.R. 14484]

Social Security Act, amendments. 42 USC 1383.

To make permanent the existing temporary authority for reimbursement of States for interim assistance payments under title XVI of the Social Security Act, to extend for one year the eligibility of supplemental security income recipients for food stamps, and to extend for one year the period during which - payments may be made to States for child support collection services under part D of title IV of such Act. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

I N T E R I M ASSISTANCE

SECTION 1. Section 1631(g) of the Social Security Act is amended by striking out paragraph (6). FOOD STAMP ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME RECIPIENTS

7 USC 2012 note.

SEC. 2. Section 8 of Public Law 93-233 is amended, subject to such further modifications as may hereafter be made in the provisions of law involved, by striking out "the 30-month period beginning January 1, 1974" where it appears— (1) in the matter preceding the colon in subsection (a)(1), and in the new sentence added by such subsection, and 7 USC 2012 note, (2) in subsections (a)(2), (b)(1), (b)(2), (b)(3), and (e). 612c notes, 1431 and by inserting in lieu thereof in each instance "the period ending note. June 30, 1977". 42 USC 1382e note. CHILD SUPPORT COLLECTION PAYMENTS

42 USC 655.

SEC. 3. Section 455(a) of the Social Security Act is amended by striking out " June 30, 1976" in the matter following paragraph (2) and inserting in lieu thereof " June 30, 1977". Approved July 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1296 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976): June 28, considered and passed House. June 30, considered and passed Senate, amended. July 1, House disagreed to Senate amendments. July 2, Senate receded from its amendments.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1041

 PUBLIC LAW 94-366—July 14, 1976

90 STAT. 991

Public Law 94-366 94th Congress An Act To repeal section 610 of the Agricultural Act of 1970 pertaining to the use of Commodity Credit Corporation funds for research and promotion and to amend section 7(e) of the Cotton Research and Promotion Act to provide for an additional assessment and for reimbursement of certain expenses incurred by the Secretary of Agriculture.

July 14, 1976 [H.R. 10930]"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 610 Cotton research of the Agricultural Act of 1970, as amended (7 U.S.C. 2119), is and promotion. repealed effective October 1, 1977. SEC. 2. Section 7(e) of the Cotton Eesearch and Promotion Act (7 U.S.C. 2106(e)) is amended as follows: (1) At the end of the first sentence strike the period and add the following: ", and for reimbursing the Secretary (1) for expenses not to exceed $200,000 incurred by him in connection with any referendum conducted under section 8, and (2) for administrative costs 7 USC 2107. incurred by the Secretary for supervisory work up to 5 employee years after an order or amendment to an order has been issued and made effective.". (2) At the end of the second sentence strike the period and add the following: ", unless specifically authorized by provisions of this subsection.". (3) At the end of the third sentence strike the period and add the following: "but, subject to approval in a referendum as provided in section 8, the Secretary shall issue an amendment to the order which shall provide that, in each marketing year, the rate shall be supplemented by an additional per bale amount to be collected or paid as provided in this subsection, such amount to be at a rate as prescribed in the amendment to the order, but not to exceed 1 per centum of the value of cotton as determined by the Cotton Board and the Secretary. Neither the amendment to the order authorized by the foregoing provisions nor the disapproval of such amendment in a referendum shall operate to decrease or otherwise affect the amount of the assessment of $1 per bale in effect under the order published in the Federal Register on December 31, 1966. No authority under this Act may be used as a basis to advertise or solicit votes in any referendum relating to the rate of assessment with funds collected under this Act.".

-i^^t*

89-194 0—78—pt. 1 —

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1042

 90 STAT. 992 Cotton Board, consumer advisors. 0 ^;,

PUBLIC LAW 94-366—July 14, 1976 SEC. 3. Section 7(b) of the Cotton Kesearch and Promotion Act (7 U.S.C. 2106(b)) is amended by adding at the end thereof the following: "The Secretary may appoint a number of consumer advisors to the Cotton Board not to exceed 15 per centum of the membership of the Cotton Board. The Cotton Board shall reimburse the consumer advisors for expenses incurred in attending meetings of the Board in the same manner as the Cotton Board members.". Approved July 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1157 (Comm. on Agriculture). SENATE REPORT No. 94-1023 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): June 3, considered and passed House. July 2, considered and passed Senate.

.. v*.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1043

 PUBLIC LAW 94-367—JULY 16, 1976

90 STAT. 993

Public Law 94-367 94th Congress An Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, for milit a r y construction functions administered by the Department of Defense, and for other purposes, n a m e l y: MILITARY CONSTRUCTION, A R M Y

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $580,868,000, to remain available until expended. MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $549,935,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the A i r Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $788,079,000, to remain available until expended. MILITARY CONSTRUCTION, D E F E N S E AGENCIES (INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $41,396,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of

July 16, 1976 [H.R. 14235]

Military Construction Appropriation Act, 1977.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1044

 90 STAT. 9 9 4

Enewetak Atoll, cleanup.

PUBLIC LAW 9 4 - 3 6 7 — J U L Y 16, 1976 Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate: Provided further, That none of the funds appropriated under this paragraph may be expended for the cleanup of Enewetak Atoll until such time as the Secretary of Defense receives certification from appropriate administering authorities of the T r u s t Territory of the Pacific Islands that an agreement has been reached with the owners of the land of Enewetak Atoll or their duly constituted representatives that this appropriation shall constitute the total commitment of the Government of the United States for the cleanup of Enewetak Atoll. All feasible economies should be realized in the accomplishment of this project, through the use of military services' construction and support forces, their subsistence, equipment, material, supplies and transportation, which have been funded to support ongoing operations of the military services and would be required for normal operations of these forces. F u r the r, such support should be furnished without reimbursement from military construction funds. MILITARY CONSTRUCTION, A R M Y NATIONAL GUARD

10 USC 2231 ^' **?•

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the t r a i n i n g and administration of the Army National G u a r d as authorized by chapter 133 of title 10, United States Code, as amended, and the Keserve Forces Facilities Acts, $61,128,000, to remain available until expended. MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the A i r National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $37,200,000, to remain available until expended. MILITARY CONSTRUCTION, A R M Y

RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $53,804,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $23,600,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the t r a i n i n g and administration of the A i r Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,773,000 to remain available until expended.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1045

 PUBLIC LAW 94-367—JULY 16, 1976

90 STAT. 995

FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,304,523,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed the 42 USC 1594a-l. following amounts: For the Army: Construction, $34,410,000; For the Navy and Marine Corps: Construction, $35,175,000; For the Air Force: Construction, $10,966,000; For Defense agencies: Construction, $25,000; For Department of Defense: Debt payment, $158,747,000; Operation, maintenance, $1,065 200,000: Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended. GENERAL PROVISIONS

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-fourth Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleanin^ facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States

Prior appropriations.

Contracts.

Construction costs, expedition.

Service facilities.

Motor vehicles, hire. 31 USC 638f. Access roads, construction. 31 USC 700b.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1046

 90 STAT. 996

New bases.

Land purchases or easements.

Foreign contracts.

Family housing.

Base realignment or closure. 42 USC 4321 note. Short title.

PUBLIC LAW 94-367—JULY 16, 1976 Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 108. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (h) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 109. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 110. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 111. None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connection with any base realignment or closure activity, until all terms, conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity. This Act may be cited as the "Military Construction Appropriation .i\.Ctj X(7 t •

•

Approved July 16, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1222 (Comm. on Appropriations) and No. 94-1314 (Comm. of Conference). SENATE REPORT No. 94-971 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 16, considered and passed House. June 26, considered and passed Senate, amended. July 1, House agreed to conference report; receded and concurred with an amendment to Senate amendment. July 2, Senate agreed to conference report; concurred in House amendment.

�


text:
Summa Theologiae/Second Part of the Second Part/Question 97

Question. OF THE TEMPTATION OF GOD (FOUR ARTICLES)
We must now consider the vices that are opposed to religion, through lack of religion, and which are manifestly contrary thereto, so that they come under the head of irreligion. Such are the vices which pertain to contempt or irreverence for God and holy things. Accordingly we shall consider: (1) Vices pertaining directly to irreverence for God; (2) Vices pertaining to irreverence for holy things. With regard to the first we shall consider the temptation whereby God is tempted, and perjury, whereby God's name is taken with irreverence. Under the first head there are four points of inquiry:

(1) In what the temptation of God consists;

(2) Whether it is a sin?

(3) To what virtue it is opposed;

(4) Of its comparison with other vices.

Art. 1 - Whether the temptation of God consists in certain deeds, wherein the expected result is ascribed to the power of God alone?
Objection 1: It would seem that the temptation of God does not consist in certain deeds wherein the result is expected from the power of God alone. Just as God is tempted by man so is man tempted by God, man, and demons. But when man is tempted the result is not always expected from his power. Therefore neither is God tempted when the result is expected from His power alone.

Objection 2: Further, all those who work miracles by invoking the divine name look for an effect due to God's power alone. Therefore, if the temptation of God consisted in such like deeds, all who work miracles would tempt God.

Objection 3: Further, it seems to belong to man's perfection that he should put aside human aids and put his hope in God alone. Hence Ambrose, commenting on Lk. 9:3, "Take nothing for your journey," etc. says: "The Gospel precept points out what is required of him that announces the kingdom of God, namely, that he should not depend on worldly assistance, and that, taking assurance from his faith, he should hold himself to be the more able to provide for himself, the less he seeks these things." And the Blessed Agatha said: "I have never treated my body with bodily medicine, I have my Lord Jesus Christ, Who restores all things by His mere word." [*Office of St. Agatha, eighth Responsory (Dominican Breviary).] But the temptation of God does not consist in anything pertaining to perfection. Therefore the temptation of God does not consist in such like deeds, wherein the help of God alone is expected.

On the contrary, Augustine says (Contra Faust. xxii, 36): "Christ who gave proof of God's power by teaching and reproving openly, yet not allowing the rage of His enemies to prevail against Him, nevertheless by fleeing and hiding, instructed human weakness, lest it should dare to tempt God when it has to strive to escape from that which it needs to avoid." From this it would seem that the temptation of God consists in omitting to do what one can in order to escape from danger, and relying on the assistance of God alone.

I answer that, Properly speaking, to tempt is to test the person tempted. Now we put a person to the test by words or by deeds. By words, that we may find out whether he knows what we ask, or whether he can and will grant it: by deeds, when, by what we do, we probe another's prudence, will or power. Either of these may happen in two ways. First, openly, as when one declares oneself a tempter: thus Samson (Judges 14:12) proposed a riddle to the Philistines in order to tempt them. In the second place it may be done with cunning and by stealth, as the Pharisees tempted Christ, as we read in Mat. 22:15, sqq. Again this is sometimes done explicitly, as when anyone intends, by word or deed, to put some person to the test; and sometimes implicitly, when, to wit, though he does not intend to test a person, yet that which he does or says can seemingly have no other purpose than putting him to a test.

Accordingly, man tempts God sometimes by words, sometimes by deeds. Now we speak with God in words when we pray. Hence a man tempts God explicitly in his prayers when he asks something of God with the intention of probing God's knowledge, power or will. He tempts God explicitly by deeds when he intends, by whatever he does, to experiment on God's power, good will or wisdom. But He will tempt God implicitly, if, though he does not intend to make an experiment on God, yet he asks for or does something which has no other use than to prove God's power, goodness or knowledge. Thus when a man wishes his horse to gallop in order to escape from the enemy, this is not giving the horse a trial: but if he make the horse gallop with out any useful purpose, it seems to be nothing else than a trial of the horse's speed; and the same applies to all other things. Accordingly when a man in his prayers or deeds entrusts himself to the divine assistance for some urgent or useful motive, this is not to tempt God: for it is written (2 Paralip 20:12): "As we know not what to do, we can only turn our eyes to Thee." But if this be done without any useful or urgent motive, this is to tempt God implicitly. Wherefore a gloss on Dt. 6:16, "Thou shalt not tempt the Lord thy God," says: "A man tempts God, if having the means at hand, without reason he chooses a dangerous course, trying whether he can be delivered by God."

Reply to Objection 1: Man also is sometimes tempted by means of deeds, to test his ability or knowledge or will to uphold or oppose those same deeds.

Reply to Objection 2: When saints work miracles by their prayers, they are moved by a motive of necessity or usefulness to ask for that which is an effect of the divine power.

Reply to Objection 3: The preachers of God's kingdom dispense with temporal aids, so as to be freer to give their time to the word of God: wherefore if they depend on God alone, it does not follow that they tempt God. But if they were to neglect human assistance without any useful or urgent motive, they would be tempting God. Hence Augustine (Contra Faust. xxii, 36) says that "Paul fled, not through ceasing to believe in God, but lest he should tempt God, were he not to flee when he had the means of flight." The Blessed Agatha had experience of God's kindness towards her, so that either she did not suffer such sickness as required bodily medicine, or else she felt herself suddenly cured by God.

Art. 2 - Whether it is a sin to tempt God?
Objection 1: It would seem that it is not a sin to tempt God. For God has not commanded sin. Yet He has commanded men to try, which is the same as to tempt, Him: for it is written (Malach. 3:10): "Bring all the tithes into the storehouse, that there may be meat in My house; and try Me in this, saith the Lord, if I open not unto you the flood-gates of heaven." Therefore it seems not to be a sin to tempt God.

Objection 2: Further, a man is tempted not only in order to test his knowledge and his power, but also to try his goodness or his will. Now it is lawful to test the divine goodness or will, for it is written (Ps. 33:9): "O taste and see that the Lord is sweet," and (Rom. 12:2): "That you may prove what is the good, and the acceptable, and the perfect will of God." Therefore it is not a sin to tempt God.

Objection 3: Further, Scripture never blames a man for ceasing from sin, but rather for committing a sin. Now Achaz is blamed because when the Lord said: "Ask thee a sign of the Lord thy God," he replied: "I will not ask, and I will not tempt the Lord," and then it was said to him: "Is it a small thing for you to be grievous to men, that you are grievous to my God also?" (Is. 7:11-13). And we read of Abraham (Gn. 15:8) that he said to the Lord: "Whereby may I know that I shall possess it?" namely, the land which God had promised him. Again Gedeon asked God for a sign of the victory promised to him (Judges 6:36, sqq.). Yet they were not blamed for so doing. Therefore it is not a sin to tempt God.

On the contrary, It is forbidden in God's Law, for it is written (Dt. 6:10): "Thou shalt not tempt the Lord thy God."

I answer that, As stated above (A[1]), to tempt a person is to put him to a test. Now one never tests that of which one is certain. Wherefore all temptation proceeds from some ignorance or doubt, either in the tempter (as when one tests a thing in order to know its qualities), or in others (as when one tests a thing in order to prove it to others), and in this latter way God is said to tempt us. Now it is a sin to be ignorant of or to doubt that which pertains to God's perfection. Wherefore it is evident that it is a sin to tempt God in order that the tempter himself may know God's power.

On the other hand, if one were to test that which pertains to the divine perfection, not in order to know it oneself, but to prove it to others: this is not tempting God, provided there be just motive of urgency, or a pious motive of usefulness, and other requisite conditions. For thus did the apostles ask the Lord that signs might be wrought in the name of Jesus Christ, as related in Acts 4:30, in order, to wit, that Christ's power might be made manifest to unbelievers.

Reply to Objection 1: The paying of tithes was prescribed in the Law, as stated above (Q[87], A[1]). Hence there was a motive of urgency to pay it, through the obligation of the Law, and also a motive of usefulness, as stated in the text quoted---"that there may be meat in God's house": wherefore they did not tempt God by paying tithes. The words that follow, "and try Me," are not to be understood causally, as though they had to pay tithes in order to try if "God would open the flood-gates of heaven," but consecutively, because, to wit, if they paid tithes, they would prove by experience the favors which God would shower upon them.

Reply to Objection 2: There is a twofold knowledge of God's goodness or will. One is speculative and as to this it is not lawful to doubt or to prove whether God's will be good, or whether God is sweet. The other knowledge of God's will or goodness is effective or experimental and thereby a man experiences in himself the taste of God's sweetness, and complacency in God's will, as Dionysius says of Hierotheos (Div. Nom. ii) that "he learnt divine thing through experience of them." It is in this way that we are told to prove God's will, and to taste His sweetness.

Reply to Objection 3: God wished to give a sign to Achaz, not for him alone, but for the instruction of the whole people. Hence he was reproved because, by refusing to ask a sign, he was an obstacle to the common welfare. Nor would he have tempted God by asking, both because he would have asked through God commanding him to do so, and because it was a matter relating to the common good. Abraham asked for a sign through the divine instinct, and so he did not sin. Gedeon seems to have asked a sign through weakness of faith, wherefore he is not to be excused from sin, as a gloss observes: just as Zachary sinned in saying to the angel (Lk. 1:18): "Whereby shall I know this?" so that he was punished for his unbelief.

It must be observed, however, that there are two ways of asking God for a sign: first in order to test God's power or the truth of His word, and this of its very nature pertains to the temptation of God. Secondly, in order to be instructed as to what is God's pleasure in some particular matter; and this nowise comes under the head of temptation of God.

Art. 3 - Whether temptation of God is opposed to the virtue of religion?
Objection 1: It would seem that the temptation of God is not opposed to the virtue of religion. The temptation of God is sinful, because a man doubts God, as stated above (A[2]). Now doubt about God comes under the head of unbelief, which is opposed to faith. Therefore temptation of God is opposed to faith rather than to religion.

Objection 2: Further, it is written (Ecclus. 18:23): "Before prayer prepare thy soul, and be not as a man that tempteth God. Such a man," that is, who tempts God, says the interlinear gloss, "prays for what God taught him to pray for, yet does not what God has commanded him to do." Now this pertains to imprudence which is opposed to hope. Therefore it seems that temptation of God is a sin opposed to hope.

Objection 3: Further, a gloss on Ps. 77:18, "And they tempted God in their hearts," says that "to tempt God is to pray to Him deceitfully, with simplicity in our words and wickedness in our hearts." Now deceit is opposed to the virtue of truth. Therefore temptation of God is opposed, not to religion, but to truth.

On the contrary, According to the gloss quoted above "to tempt God is to pray to Him inordinately." Now to pray to God becomingly is an act of religion as stated above (Q[83], A[15]). Therefore to tempt God is a sin opposed to religion.

I answer that, As clearly shown above (Q[81], A[5]), the end of religion is to pay reverence to God. Wherefore whatever pertains directly to irreverence for God is opposed to religion. Now it is evident that to tempt a person pertains to irreverence for him: since no one presumes to tempt one of whose excellence he is sure. Hence it is manifest that to tempt God is a sin opposed to religion.

Reply to Objection 1: As stated above (Q[81], A[7]), it belongs to religion to declare one's faith by certain signs indicative of reverence towards God. Consequently it belongs to irreligion that, through doubtful faith, a man does things indicative of irreverence towards God. To tempt God is one of these; wherefore it is a species of irreligion.

Reply to Objection 2: He that prepares not his soul before prayer by forgiving those against whom he has anything, or in some other way disposing himself to devotion, does not do what he can to be heard by God, wherefore he tempts God implicitly as it were. And though this implicit temptation would seem to arise from presumption or indiscretion, yet the very fact that a man behaves presumptuously and without due care in matters relating to God implies irreverence towards Him. For it is written (1 Pet. 5:6): "Be you humbled . . . under the mighty hand of God," and (2 Tim. 2:15): "Carefully study to present thyself approved unto God." Therefore also this kind of temptation is a species of irreligion.

Reply to Objection 3: A man is said to pray deceitfully, not in relation to God, Who knows the secrets of the heart, but in relation to man. Wherefore deceit is accidental to the temptation of God, and consequently it does not follow that to tempt God is directly opposed to the truth.

Art. 4 - Whether the temptation of God is a graver sin than superstition?
Objection 1: It would seem that the temptation of God is a graver sin than superstition. The greater sin receives the greater punishment. Now the sin of tempting God was more severely punished in the Jews than was the sin of idolatry; and yet the latter is the chief form of superstition: since for the sin of idolatry three thousand men of their number were slain, as related in Ex. 32:28 [*Septuagint version. The Vulgate has "twenty-three thousand."], whereas for the sin of temptation they all without exception perished in the desert, and entered not into the land of promise, according to Ps. 94:9, "Your fathers tempted Me," and further on, "so I swore in My wrath that they should not enter into My rest." Therefore to tempt God is a graver sin than superstition.

Objection 2: Further, the more a sin is opposed to virtue the graver it would seem to be. Now irreligion, of which the temptation of God is a species, is more opposed to the virtue of religion, than superstition which bears some likeness to religion. Therefore to tempt God is a graver sin than superstition.

Objection 3: Further, it seems to be a greater sin to behave disrespectfully to one's parents, than to pay others the respect we owe to our parents. Now God should be honored by us as the Father of all (Malach. 1:6). Therefore. temptation of God whereby we behave irreverently to God, seems to be a greater sin than idolatry, whereby we give to a creature the honor we owe to God.

On the contrary, A gloss on Dt. 17:2, "When there shall be found among you," etc. says: "The Law detests error and idolatry above all: for it is a very great sin to give to a creature the honor that belongs to the Creator."

I answer that, Among sins opposed to religion, the more grievous is that which is the more opposed to the reverence due to God. Now it is less opposed to this reverence that one should doubt the divine excellence than that one should hold the contrary for certain. For just as a man is more of an unbeliever if he be confirmed in his error, than if he doubt the truth of faith, so, too, a man acts more against the reverence due to God, if by his deeds he professes an error contrary to the divine excellence, than if he expresses a doubt. Now the superstitious man professes an error, as shown above (Q[94], A[1], ad 1), whereas he who tempts God by words or deeds expresses a doubt of the divine excellence, as stated above (A[2]). Therefore the sin of superstition is graver than the sin of tempting God.

Reply to Objection 1: The sin of idolatry was not punished in the above manner, as though it were a sufficient punishment; because a more severe punishment was reserved in the future for that sin, for it is written (Ex. 32:34): "And I, in the day of revenge, will visit this sin also of theirs."

Reply to Objection 2: Superstition bears a likeness to religion, as regards the material act which it pays just as religion does. But, as regards the end, it is more contrary to religion than the temptation of God, since it implies greater irreverence for God, as stated.

Reply to Objection 3: It belongs essentially to the divine excellence that it is singular and incommunicable. Consequently to give divine reverence to another is the same as to do a thing opposed to the divine excellence. There is no comparison with the honor due to our parents, which can without sin be given to others.


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1047

 PUBLIC LAW 94-368—JULY 16, 1976

90 STAT. 997

Public Law 94-368 94th Congress An Act To extend or remove certain time limitations and make other administrative improvements in the medicare program under title XVIII of the Social Security Act.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That section 15(d) of Public Law 93-233 (as amended by section 7(c) of Public Law 93-368) is amended by striking out "July 1, 1976" and inserting in lieu thereof "October 1, 1977". SEC. 2. The last sentence of section 1842(b)(3) of the Social Security Act is amended by striking out "for the fiscal year beginning July 1, 1975," and inserting in lieu thereof "for the twelve-month period beginning on July 1 in any calendar year after 1974". SEC. 3. (a) The third sentence of section 1842(b)(3) of the Social Security Act is amended by striking out "prior to the start of the fiscal year in which the bill is submitted or the request for payment is made" m clause (ii) and inserting in lieu thereof "prior to the start of the twelve-month period (beginning July 1 of each year) in which the bill is submitted or the request for payment is made". (b) The fourth sentence of section 1842(b)(3) of such Act is amended by striking out "for any fiscal year beginning after June 30, 1973," and inserting in lieu thereof "for any twelve-month period (beginning after June 30, 1973) specified in clause (ii) of such sentence". (c) Section 204(7) of the Fiscal Year Transition Act is amended by striking out the reference to section 1842(b)(3) of the Social Security Act. SEC. 4. The amendments made by sections 2 and 3 of this Act shall be effective with respect to periods beginning after June 30, 1976; except that, for the twelve-month period beginning July 1, 1976, the amendments made by section 3 shall be applicable with respect to claims filed under part B of title X VIII of the Social Security Act (after June 30, 1976, and before July 1, 1977) with a carrier designated pursuant to section 1842 of such Act and processed by such carrier after the appropriate changes were made pursuant to such section 3 in the prevailing charge levels for such twelve-month period under the third and fourth sentences of section 1842(b)(3) of the Social Security Act. Approved July 16, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1114 (Comm. on Ways and Means). SENATE REPORT No. 94-993 (Gomm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed House. June 30, considered and passed Senate, amended. July 1, House disagreed to Senate amendments; Senate receded from its amendments. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 12, No. 30: July 19, Presidential statement.

July 16. 1976 [H.R. 13501]

Medicare program. Extension. 42 USC 1395x note. 42 USC 1395u.

7 USC 390e note.

Effective dates. 42 USC 1395u note. 42 USC 1395J. 42 USC 1395u.

�


text: Page:United States Statutes at Large Volume 90 Part 1.djvu/1048


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1049

 PUBLIC LAW 94-369—JULY 22, 1976

90 STAT. 99<)

Public Law 94-369 94th Congress An Act To authorize a local public works capital development and investment program, to establish an antirecessionary program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Public Works Employment Act of 1976". TITLE I—LOCAL PUBLIC WORKS SEC. 101. This title may be cited as the "Local Public Works Capital Development and Investment Act of 1976". SEC. 102. As used in this title, the term— (1) "Secretary" means the Secretary of Commerce, acting through the Economic Development Administration. (2) "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and ximerican Samoa. (3) "local government" means any city, county, town, parish, or other political subdivision of a State, and any Indian tribe. SEC. 103. (a) The Secretary is authorized to make grants to any State or local government for construction (including demolition and other site preparation activities), renovation, repair, or other improvement of local public works projects including but not limited to those public works projects of State and local governments for which Federal financial assistance is authorized under provisions of law other than this Act. In addition the Secretary is authorized to make grants to any State or local government for the completion of plans, specifications, and estimates for local public works projects where either architectural design or preliminary engineering or related planning has already been undertaken and where additional architectural and engineering work or related planning is required to permit construction of the project under this Act. (b) The Federal share of any project for which a grant is made under this section shall be 100 per centum of the cost of the project. SEC, 104. In addition to the grants otherwise authorized by this Act, the Secretary is authorized to make a grant for the purpose of increasing the Federal contribution to a public works project for which Federal financial assistance is authorized under provisions of law other than this Act. Any grant made for a public works project under this section shall be in such amount as may be necessary to make the Federal share of the cost of such project 100 per centum. No grant shall be made for a project under this section unless the Federal financial assistance for such project authorized under provisions of law other than this Act is immediately available for such project and construction of such project has not yet been initiated because of lack of funding for the non-Federal share. SEC. 105. In addition to the grants otherwise authorized by this Act, the Secretary is authorized to make a grant for the purpose of providing all or any portion of the required State or local share of the cost of any public works project for which financial assistance is

July 22, 1976 [S. 3201] Public Works Employment Act of 1976. 42 USC 6701 note. Local Public Works Capital Development and Investment Act of 1976. 42 USC 6701 note. Definitions. 42 USC 6701.

Grants. 42 USC 6702.

Federal share. 42 USC 6703.

42 USC 6704.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1050

 90 STAT. 1000

J' -

42 USC 6705.

•

Rules and regulations. 4/ usi^ o/uo. '•

42 USC 6707.

PUBLIC LAW 94-369—JULY 22, 1976 authorized under any provision of State or local law requiring such contribution. Any grant made for a public works project under this section shall be made in such amount as may be necessary to provide the requested State or local share of the cost of such project. A grant shall be made under this section for either the State or local share of the cost of the project, but not both shares. No grant shall be made for a project under this section unless the share of the financial assistance for such project (other than the share with respect to which a grant is requested under this section) is immediately available for such project and construction of such project has not yet been initiated. SEC. 106. (a) No grant shall be made under section 103, 104, or 105 of this Act for any project having as its principal purpose the channelization, damming, diversion, or dredging of any natural watercourse, or the construction or enlargement of any canal (other than a canal or raceway designated for maintenance as an historic site) and having as its permanent effect the channelization, damming, diversion, or dredging of such watercourse or construction or enlargement of any canal (other than a canal or raceway designated for maintenance as an historic site). (b) No part of any grant made under section 103, 104, or 105 of this Act shall be used for the acquisition of any interest in real property, (c) Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any projects constructed (in whole or in part) with Federal financial assistance under this Act. (d) Grants made by the Secretary under this Act shall be made only for projects for which the applicant gives satisfactory assurances, in such manner and form as may be required by the Secretary and in accordance with such terms and conditions as the Secretary may prescribe, that, if funds are available, on-site labor can begin within ninety days of project approval. SEC. 107. The Secretary shall, not later than thirty days after date of enactment of this Act, prescribe those rules, regulations, and procedures (including application forms) necessary to carry out this Act. Such rules, regulations, and procedures shall assure that adequate consideration is given to the relative needs of various sections of the country. The Secretary shall consider among other factors (1) the severity and duration of unemployment in proposed project areas, (2) the income levels and extent of underemployment in proposed project area, and (3) the extent to which proposed projects will contribute to the reduction of unemployment. The Secretary shall make a final determination with respect to each application for a grant submitted to him under this Act not later than the sixtieth day after the date he receives such application. Failure to make such final determination within such period shall be deemed to be an approval by the Secretary of the grant requested. For purposes of this section, in considering the extent of unemployment or underemployment, the Secretary shall consider the amount of unemployment or underemployment in the construction and construction-related industries. SEC. 108. (a) Not less than one-half of 1 per centum or more than 121/^ per centum of all amounts appropriated to carry out this title shall be granted under this Act for local public works projects within any one State, except that in the case of Guam, Virgin Islands, and American Samoa, not less than one-half of 1 per centum in the

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1051

 PUBLIC LAW 94-369—JULY 22, 1976

90 STAT. 1001

aggregate shall be granted for such projects in all three of these jurisdictions. (b) In making grants under this Act, the Secretary shall give priority and preference to public works projects of local governments. (c) In making grants under this Act, if for the three most recent consecutive months, the national unemployment rate is equal to or exceeds 6i/^ per centum, the Secretary shall (1) expedite and give priority to applications submitted by States or local governments having unemployment rates for the three most recent consecutive ' * months in excess of the national unemployment rate and (2) shall give priority thereafter to applications submitted by States or local governments having unemployment rates for the three most recent consecutive months in excess of 614 per centum, but less than the national unemployment rate. Information regarding unemployment rates may be furnished either by the Federal Government, or by States or local governments, provided the Secretary determines that the unemployment rates furnished by States or local governments are accurate, and shall provide assistance to States or local governments in the calculation of such rates to insure validity and standardization. (d) Seventy per centum of all amounts appropriated to carry out - •. this Act shall be granted for public works projects submitted by State or local governments given priority under clause (1) of the first sentence of subsection (c) of this section. The remaining 30 per centum shall be available for public works projects submitted by State or local governments in other classifications of priority. (e) The unemployment rate of a local government shall, for the purposes of this Act, and upon request of the applicant, be based upon the unemployment rate of any community or neighborhood (defined without regard to political or other subdivisions or boundaries) within the jurisdiction of such local government, except that any grant made to a local government based upon the unemployment rate of a community or neighborhood within its jurisdiction must be for a project of direct benefit to, or provide employment for, unemployed persons who are residents of that community or neighborhood. (f) In determining the unemployment rate of a local government for the purposes of this section, unemployment in those adjoining areas from which the labor force for such project may be drawn, shall, upon request of the applicant, be taken into consideration. (g) States and local governments making application under this Act should (1) relate their specific requests to existing approved plans and programs of a local community development or regional development nature so as to avoid harmful or costly inconsistencies or contradictions; and (2) where feasible, make requests which, although capable of early initiation, will promote or advance longer range plans and programs. SEC. 109. All laborers and mechanics employed by contractors or Labor standards, subcontractors on projects assisted by the Secretary under this Act ^.2 USC 6708. shall 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). The Secretary shall not extend any financial assistance under this Act for such project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Eeorganization Plan Numbered 14 of 1950 (15 F.K.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1052

 PUBLIC LAW 94-369—JULY 22, 1976

90 STAT. 1002 5 USC app. I. Nondiscrimination.

42 USC 6709.

42 USC 2000d. Appropriation authorization.

42 USC 6710.

3176; 64 Stat. 1267; 5 U.S.(1 133z-15), and section 2 of the Act of June 13, 1964, as amended (40 U.S.C. 276c). SEC. 110. No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any project receiving Federal grant assistance under this Act, including any supplemental grant made under this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee. SEC. 111. There is authorized to be appropriated not to exceed $2,000,000,000 for the period ending September 30, 1977, to carry out this Act. TITLE II—ANTIRECESSION PROVISIONS FINDINGS OF FACT AND DECLARATION OF POLICY

42 USC 6721.

SEC. 201. FINDINGS.—The Congress finds— (1) that State and local governments represent a significant segment of the national economy whose economic health is essential to national economic prosperity; (2) that present national economic problems have imposed considerable hardships on State and local government budgets; (3) that those governments, because of their own fiscal diifficulties, are being forced to take budget-related actions which tend to undermine Federal Government efforts to stimulate the economy; (4) that efforts to stimulate the economy through reductions in Federal Government tax obligations are weakened when State and local governments are forced to increase taxes; (5) that the net effect of Federal Government efforts to reduce unemployment through public service jobs is substantially limited if State and local governments use federally financed public service employees to replace regular employees that they have been forced to lay off; (6) that efforts to stimulate the construction industry and reduce unemployment are substantially undermined when State and local governments are forced to cancel or delay the construction of essential capital projects; and (7) that efforts by the Federal Government to stimulate the economic recovery will be substantially enhanced by a program of emergency Federal Government assistance to State and local governments to help prevent those governments from taking budgetrelated actions which undermine the Federal Government efforts to stimulate economic recovery. FINANCIAL A S S I S T A N C E

42 USC 6722.

AUTHORIZED

202. (a) PAYMENTS TO STATE AND LOCAL GOVERNMENTS.—The Secretary of the Treasury (hereafter in this title referred to as the "Secretary") shall, in accordance with the provisions of this title, make payments to States and to local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery. •.^v • *..« ». • - SEC.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1053

 PUBLIC LAW 94-369—JULY 22, 1976

9 0 STAT. 1 0 0 3

(b) AUTHORIZATION OF APPROPRIATIONS.—Subject to the provisions

of subsections (c) and (d), there are authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1976) for the purpose of payments under this title— (1) $125,000,000 plus (2) $62,500,000 multiplied by the number of one-half percentage points by which the rate of seasonally adjusted national unemployment for the most recent calendar quarter which ended three months before the beginning of such calendar quarter exceeded 6 percent. (c)

AGGREGATE AUTHORIZATION. — I n no case shall the

f*.:.: ^^r.^ i

aggregate

amount authorized to be appropriated under the provisions of subsection (b) for the five calendar quarters beginning with the calendar quarter which begins July 1, 1976, exceed $1,250,000,000. (d) TERMINATION.—No amount is authorized to be appropriated under the provisions of subsection (b) for any calendar quarter if— (1) the average rate of national unemployment during the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent, and (2) the rate of national unemployment for the last month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent.

'

ALLOCATION SEC. 203. (a) RESERVATIONS.—

42 USC 6723.

(1) ELIGIBLE STATES.—The Secretary shall reserve one-third of the amounts appropriated pursuant to authorization under section 202 for each calendar quarter for the purpose of making payments to eligible State governments under subsection (b). (2)

ELIGIBLE UNITS OF LOCAL GOVERNMENT.—The

Secretary

shall reserve two-thirds of such amounts for the purpose of making payments to eligible units of local government under subsection (c). (b) STATE ALLOCATION.—

(1) IN GENERAL.—The Secretary shall allocate from amounts reserved under subsection (a)(1) an amount for the purpose of making payments to each State equal to the total amount reserved under subsection (a)(1) for the calendar quarter multiplied by the applicable State percentage. (2) APPLICABLE STATE PERCENTAGE.—For purposes of this sub-

"

section, the applicable State percentage is equal to the quotient resulting from the division of the product of— (A) the State excess unemployment percentage, multiplied by (B) the State revenue sharing amount by the sum of such products for all the States. (3) DEFINITIONS. — For the purposes of this section— (A) the term " State " means each State of the United States; (B) the State excess unemployment percentage is equal to the difference resulting from the subtraction of 4.5 percentage points from the State unemployment rate for that State but shall not be less than zero;

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1054

 90 STAT. 1004

PUBLIC LAW 94-369—JULY 22, 1976 (C) the State unemployment rate is equal to the rate of unemployment in the State during the appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary; and (D) the State revenue sharing amount is the amount determined under section 107 of the State and Local Fiscal Assistance Act of 1972 for the one-year period beginning on July 1, 1975.

31 USC 1226.

(c) LOCAL GOVERNMENT ALLOCATION.—

(1) IN GENERAL.—The Secretary shall allocate from amounts reserved under subsection (a)(2) an amount for the purpose of making payments to each local government, subject to the provisions of paragraphs (3) and (5), equal to the total amount reserved under such subsection for calendar quarter multiplied by the local government percentage. (2) LOCAL GOVERNMENT PERCENTAGE.—For purposes of this subsection, the local government percentage is equal to the quotient resulting from the division of the product of— (A) the local excess unemployment percentage, multiplied by (B) the local revenue sharing amount, by the sum of such products for all local governments.

'

(3) SPECIAL RULE.—

cSM J??

r r-K

(A) For purposes of paragraphs (1) and (2), all local governments within the jurisdiction of a State other than identifiable local governments shall be treated as though they were one local government. (B) The Secretary shall set aside from the amount allocated under paragraph (1) of this subsection for all local government within the jurisdiction of a State which are treated as though they are one local government under subparagraph (A) an amount determined under subparagraph (C) for the purpose of making payments to each local government, other than identifiable local governments within the jurisdiction of such State. (C) The amount set aside for the purpose of making payments to each local government, other than an identifiable local government, with the jurisdiction of a State under subparagraph (B) shall be— (i) equal to the total amount allocated under paragraph (1) of this subsection for all local governments within the jurisdiction of such State which are treated as though they are one local government under subparagraph (A) multiplied by the local government percentage as defined in paragraph (2) (determined without regard to the parenthetical phrases at the end of paragraphs (4)(B) and (C) of this subsection), unless (ii) such State submits, within thirty days, after the effective date of this title, an allocation plan which has been approved by the State legislature and which meets the requirements set forth in section 206(a), and is approved by the Secretary under the provisions of section 206(b). In the event that a State legislature is not scheduled to meet in regular session within three months after the effective date of this title, the Governor of such State shall be authorized to submit an alternative plan

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1055

 PUBLIC LAW 94-369—JULY 22, 1976

90 STAT. 1005

which meets the requirements set forth in section 206(a), and is approved by the Secretary under the provisions of section 206(b). . ., (D) If local unemployment rate data (as defined in paragraph (4)(B) of this subsection without regard to the parenthetical phrase at the end of such definition) for a local government jurisdiction is unavailable to the Secretary for purposes of determining the amount to be set aside for such government under subparagraph (C) then the Secretary shall determine such amount under subparagraph (C) by using the local unemployment rate determined under the parenthetical phrase of subsection (4)(B) for all local governments in such State treated as one jurisdiction under paragraph (A) of this subsection unless better unemployment rate data, certified by the Secretary of Labor, is available. (4) DEriNiTiONS.—For purposes of this subsection— (A) the local excess unemployment percentage is equal to the difference resulting from the subtraction of 4.5 percentage points from the local unemployment rate, but shall not be less than zero; (B) the local unemployment rate is equal to the rate of unemployment in the jurisdiction of the local government during the appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary (in the case of local governments treated as one local government under paragraph (3)(A), the local unemployment rate shall be the unemployment rate of the State adjusted by excluding consideration of unemployment and of the labor force within identifiable local governments, other than county governments, within the jurisdiction of that State); (C) the local revenue sharing amount is the amount determined under section 108 of the State and Local Fiscal Assistance Act of 1972 for the one-year period beginning on July 1, 31 USC 1227. 1975 (and in the case of local governments treated as one local government under paragraph (3)(A), the local revenue sharing amount shall be the sum of the local revenue sharing amounts of all eligible local governments within the State, adjusted by excluding an amount equal to the sum of the local revenue sharing amounts of identifiable local governments within the jurisdiction of that State); (D) the term "identifiable local government" means a unit of general local government for which the Secretary of Labor has made a determination concerning the rate of unemployment for purposes of title II or title VI of the Comprehensive Employment and Training Act of 1973 during the current or 29 USC 841, preceding fiscal year; and 961. (E) the term "local government" means the government of a county, municipality, township, or other unit of government below the State which— (i) is a unit of general government (determined on the basis of the same principles as are used by the Social ., "l •" and Economic Statistics Administration for general statistical purposes), and (ii) performs substantial governmental functions. Such term includes the District of Columbia and also

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1056

 90 STAT. 1006

PUBLIC LAW 94-369—JULY 22, 1976 U

29 USC 961.

includes the recognized governing body of an Indian tribe of Alaskan Native village which performs substantial governmental functions. Such term does not include the government of a township area unless such government performs substantial governmental functions. For the purpose of paragraph (4)(D), the Secretary of Labor shall, notwithstanding any other provision of law, continue to make determinations with respect to the rate of unemployment for the purposes of such title VI. (5) SPECIAL LIMITATION.—If the amount which would be allocated to any unit of local government under this subsection is less than $100, then no amount shall be allocated for such unit of local government under this subsection. USES o r

42 USC 6724.

PAYMENTS

SEC. 204. Each State and local government shall use payments made under this title for the maintenance of basic services customarily provided to persons in that State or in the area under the jurisdiction of that local government, as the case may be. State and local governments may not use emergency support grants made under this title for the acquisition of supplies and materials and for construction unless such supplies and materials or construction are to maintain basic services. STATEMENT OF ASSURANCES

Rules. 42 USC 6725.

 * -,;c;| r

^

,-

Reports, publication.

SEC. 205. Each State and unit of local government may receive payments under this title only upon filing with the Secretary, at such time and in such manner as the Secretary prescribes by rule, a statement of assurances. Such rules shall be prescribed by the Secretary not later than ninety days after the effective date of this title. The Secretary may not require any State or local government to file more than one such statement during each fiscal year. Each such statement shall contain— (1) an assurance that payments made under this title to the State or local government will be used for the maintenance, to the extent practical, of levels of public employment and of basic services customarily provided to persons in that State or in the area under the jurisdiction of that unit of local government which is consistent with the provisions of section 204; (2) an assurance that the State or unit of local government will— (A) use fiscal, accounting, and audit procedures which conform to guidelines established therefor by the Secretary (after consultation with the Comptroller General of the United States), and (B) provide to the Secretary (and to the Comptroller General of the United States), on reasonable notice, access to, and the right to examine, such books, documents, papers, or records as the Secretary may reasonably require for purposes of reviewing compliance with this title; (3) an assurance that reasonable reports will be furnished to the Secretary in such form and containing such information as the Secretary may reasonably require to carry out the purposes of this title and that such report shall be published in a newspaper of general circulation in the jurisdiction of such government unless the cost of such publication is excessive in relation to the amount of the payments received by such government under

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1057

 PUBLIC LAW 9 4 - 3 6 9 — J U L Y 22, 1976

90 STAT. 1007

this title or other means of publicizing such report is more appropriate, in which case such report shall be publicized pursuant to rules prescribed by the Secretary; (4) an assurance that the requirements of section 207 will be complied w i t h; (5) an assurance that the requirements of section 208 will be complied w i t h; (6) an assurance that the requirements of section 209 will be complied w i t h; (7) an assurance that the State or unit of local government will spend any payment it receives under this title before the end of the six-calendar-month period which begins on the day after the date on which such State or local government receives such payment; and (8) an assurance that the State or unit of local government will spend amounts received under this title only in accordance with the laws and procedures applicable to the expenditure of its own revenues. OPTIONAL ALLOCATION PLANS SEC.

206.

(a)

STATE ALLOCATION P L A N S FOR PURPOSES OF SECTION

Rules.

203 (c)(3).—A State may file an allocation plan with the Secretary for 42 USC 6726. purposes of section 203(c)(3)(C) (ii) at such time, in such manner, and containing such information as the Secretary may require by rule. Such rules shall be provided by the Secretary not later than sixty days of the effective date of this title. Such allocation plan shall meet the following requirements: (1) the criteria for allocation of amounts among the local governments within the State shall be consistent with the allocation formula for local governments under section 203(c)(2); (2) the plan shall use— (A) the best available unemployment rate data for such government if such data is determined in a manner which is substantially consistent with the manner in which local unemployment rate data is determined, or (B) if no consistent unemployment rate data is available, the local imemployment rate data for the smallest unit of identifiable local government in the jurisdiction of which ' ' * such government is located, (3) the allocation criteria must be specified in the plan, and (4) the plan must be developed after consultation with appropriate officials of local governments within the State other than identifiable local governments. (b) APPROVAL,—The Secretary shall approve any allocation plan that meets the requirements of subsection (a) within thirty days after ^ ^' he receives such allocation plan, and shall not finally disapprove, in whole or in part, any allocation plan for payments under this title without first affording the State or local governments involved reasonable notice and an opportunity for a hearing. NONDISCRIMINATION

SEC. 207. (a) IN GENERAL.—NO person in the United States shall, 42 USC 6727. on the grounds of race, religion, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part w i t h funds made available under this title. ,

-194 O—78—pt. 1

67

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1058

 90 STAT. 1008

42 USC 2000d.

PUBLIC LAW 94-369—JULY 22, 1976

(b) AUTHORITY OF THE SECRETARY.—Whenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) or an applicable regulation, he shall, within ten days, notify the Governor of the State (or, in the case of a unit of local government the Governor of the State in which such unit is located, and the chief elected official of the unit) of the noncompliance. If within thirty days of the notification compliance is not achieved, the Secretary shall within ten days thereafter— (1) exercise all the powers and functions provided by title VI of the Civil Eights Act of 1964 (42 U.S.C. 2000e); (2) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (3) take such other action as may be provided by law. (c) ENFORCEMENT.—Upon his determination of discrimination under subsection (b), the Secretary shall have the full authority to withhold or temporarily suspend any payment under this title, or otherwise exercise any authority contamed in title VI of the Civil Rights Act of 1964, to assure compliance with the requirement of nondiscrimination in federally assisted programs funded, in whole or in part, under this title.

_ ^^

(d)

'

!

APPLICABILITY OF CERTAIN CIVIL RIGHTS ACTS.—

(1) Any party who is injured or deprived within the meaning of section 1979 of the Revised Statutes (42 U.S.C. 1983) or of section 1980 of the Revised Statutes (42 U.S.C. 1985) by any person, or two or more persons in the case of such section 1980, in connection with the administration of a payment under this title may bring a civil action under such section 1979 or 1980, as applicable, subject to the terms and conditions of those sections. (2) Any person who is aggrieved by an unlawful employment practice within the meaning of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by any employer in connection with the administration of a payment under this title may bring a civil action under section 706(f)(1) of such Act (42 U.S.C. 2000e-5(f)(1)) subject to the terms and conditions of such title. LABOR STANDARDS

42 USC 6728.

5 USC app. I.

SEC. 208. All laborers and mechanics employed by contractors on all construction projects funded in whole or in part by payments under this title shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 C.F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). SPECIAL REPORTS

42 USC 6729. •' "" •"

SEC. 209. Each State and unit of local government which receives a payment under the provisions of this title shall report to the Secretary any increase or decrease in any tax which it imposes and any substantial reduction in the number of individuals it employs or in services which such State or local government provides. Each State which receives a payment under the provisions of this title shall report to the Secretary any decrease in the amount of financial assistance which the State provides to the units of local governments during the twelve-

�