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935

SEC. 142. REGULATIONS. (a) GENERAL RULE.—The Secretary shall prescribe such regulations

as may be necessary or appropriate to carry out the provisions of this title. (b) ADMINISTRATIVE PROCEDURE ACT To APPLY.—The rulemaking provisions of subchapter II of chapter 5 of title 5 of the United States Code shall apply to the regulations prescribed under this title for entitlement periods beginning on or after January 1, 1973.

80 Stat. 381. 5 USC 551.

SEC. 143. JUDICIAL REVIEW. (a) PETITIONS FOR REVIEW.—Any State which receives a notice of

reduction in entitlement under section 107(b), and any State or unit of local government which receives a notice of withholding of payments under section 104(b) or 123(b), may, within 60 days after . • ^v' receiving such notice, file with the United States court of appeals for -•=;. the circuit in which such State or unit of local government is located a petition for review of the action of the Secretary. A copy of the petition shall forthwith be transmitted to the Secretary; a copy shall also forthwith be transmitted to the Attorney General. (b) RECORD.—The Secretary shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Jl.H^^^^^V" Secretary shall be considered by the court unless such objection has been urged before the Secretary. (c) JURISDICTION OF COURT.—The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence contained in the record, shall be conclusive. However, if any finding is not supported by substantial evidence contained in the record, the court may remand the case to the Secretary to take > further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous actions. H e shall certify to the court the record of any further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence contained in the record. (d) REVIEW BY SUPREME COURT.—The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. 62 Stat. 928. SEC. 144. AUTHORITY TO REQUIRE INFORMATION ON INCOME TAX RETURNS. (a) GENERAL RULE. — (1) INFORMATION WITH RESPECT TO PLACE OF RESIDENCE.—Sub-

part B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1954 (relating to income tax returns) is amended by adding at the end thereof the following new section:

68A Stat. 7 3 1. 26 USC 6 0 0 1.

"SEC. 6017A. PLACE OF RESIDENCE.

" I n the case of an individual, the information required on any return with respect to the taxes imposed by chapter 1 for any period shall include information as to the State, county, municipality, and any other unit of local government in which the taxpayer (and any other individual with respect to whom an exemption is claimed on such return) resided on one or more dates (determined in the manner provided by regulations prescribed by the Secretary or his delegate) during such period," (2) CLERICAL AMENDMENT.—The table of sections for such subpart B is amended by adding at the end thereof the following: 82-081 O - 73 - 62

^^ "^^ ^ •

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 936

PUBLIC LAW 92-512-OCT. 20, 1972 "Sec. 6017A. Place of residence." (b) CIVIL PENALTY.—

68A Stat. 828; 55 Stat. 551. 26 USC 6651.

[86 STAT. ')fi8

(1) IN GENERAL.—Subchapter B of chapter 68 of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new section: "SEC. 6687. FAILURE TO SUPPLY INFORMATION WITH RESPECT TO PLACE OF RESIDENCE. " (a) CIVIL PENALTY.—If any pereon fails to include on his return

any information required under section 6017A with respect to his place of residence, he shall pay a penalty of $5 for each such failure, unless it is shown that such failure is due to reasonable cause. " (b) DEFICIENCY PROCEDURES NOT To APPLY.—Subchapter B of 26 USC 6211. 26 USC 4940.

chapter 63 (relating to deficiency pi-ocedures for income, estat«^, gift, and chapter 42 taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).'' (2) CLERICAL AMENDMENT.—The table of sections for such subchapter B is amended by adding at the end thereof the following: "Sec. 6687. Failure to supply information with respect to place of residence."

TITLE II-^FEDERAL COLLECTION OF STATE INDIVIDUAL INCOME T A X E S Citation of title,

SEC. 201. SHORT TITLE. This title may be cited as the "Federal-State Tax (Collection Act of 1972". SEC. 202. COLLECTION PROVISIONS. (a) AMENDMENT OF CHAPTER 64.—Chapter 64 of the Internal Rev-

26 USC 6301.

enue Code of 1954 (relating to collection) is amended by adding at the end thereof the following new subchapter: "Subchapter E—Collection of State Individual Income Taxes "Sec. 6361. General rules. .t •"Sec. 6362. Qualified State individual income taxes. "Sec. 6363. State agreements; other procedures. . "Sec. 6364. Begulations. ' ' '*' •"''•'['• " "Sec. 6365. Definitions and special rules.

"SEC. 6361. GENERAL RULES. " (a) COLLECTION AND ADMINISTRATION.—In the case of any State

which has in effect an agreement with the Secretary entered into under section 6363, the Secretary or his delegate shall collect and administer the qualified State individual income taxes of such State. All provisions 26 USC 8001, of this subtitle, subtitle G, and chapter 24 relating to the collection and 3401. administration of the taxes imposed by chapter 1 on the incomes of 26 USC 1. individuals (and all civil and criminal sanctions provided by this 18 USC 1 etseq. subtitle or by title 18 of the United States Code with respect to such collection and administration) shall apply to the collection and administration of qualified State individual income taxes as if such taxes were imposed by chapter 1, except to the extent that their application is modified by the Secretary or his delegate by regulations necessary or appropriate to reflect the provisions of this subchapter, or to reflect differences in the taxes or differences in the situations in which liability for such taxes arises, "(b) CIVIL PROCEEDINGS.—Any person shall have, with respect to a qualified State individual income tax (including the current collection thereof), the same right to bring or contest a civil action and pbtain review thereof, in the same court or courts and subject to the

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PUBLIC LAW 92-512-OCT. 20, 1972

same requirements and procedures, as he would have under chapter 76, and under title 28 of the United States Code, if the tax were imposed by section 1 (or were for the current collection of the tax imposed by section 1). To the extent that the preceding sentence provides judicial procedures (including review procedures) with respect to any matter, such procedures shall replace judicial procedures under State law, except that nothing in this subchapter shall be construed in any way to affect the right or power of a State court to pass on matters involving the constitution of that State.

937

26 USC r74oi^' 28 USC i et s'eq.

" (c) TRANSFERS TO STATES.— " (1) PROMPT TRANSFERS.—Any

amount collected under this subchapter which is apportioned to a qualified State individual income tax shall be promptly transferred to the State on the basis of estimates by the Secretary or his delegate. I n the case of amounts collected under chapter 24, the estimated amount due the State shall be transferred to the State not later than the close of the third business day after the amount is deposited in a Federal Reserve bank. I n the case of amounts collected pursuant to a return, a declaration of estimated tax, an amendment of such a declaration, or otherwise, the estimated amount due the State shall be transferred to the State not later than the close of the 30th day after the amount is received by the Secretary or his delegate. " (2) ADJUSTMENTS.—Not less often than once each fiscal year the difference between collections (adjusted for credits and refunds) made under this subchapter during the preceding fiscal year and the transfers to the States made on account of estimates of such collections shall be determined, and such difference shall be a charge against, or an addition to, the amounts otherwise payable.

" (d) SPECIAL RULES.— " (1) UNITED STATES TO REPRESENT STATE INTEREST.— " (A) GENERAL RULE.—In all administrative proceedings,

, {

and in all judicial proceedings (whether civil or criminal), relating to the administration and collection of a State qualified individual income tax the interests of the State imposing such tax shall be represented by the United States in the same manner in which the interests of the United States are represented in corresponding proceedings involving the taxes imposed by chapter 1. " (B) EXCEPTIONS.—Subparagraph (A) shall not apply to— "(i) proceedings in a State court involving the constitution of that State, and "(ii) proceedings involving the relationship between the United States and the State. " (2) ALLOCATION OF O\':ERPAYMENTS AND UNDERPAYMENTS.—If

the combined amount collected in respect of a qualified State individual income tax for any period and the taxes imposed by chapter 1 for such period with respect to the income of any individual is greater or less than the combined amount required to be paid for such period, the collected amount shall be divided between the accounts for such taxes on the basis of the respective amounts required to be paid. " (3) FINALITY OF ADMINISTRATIVE DETERMINATIONS.—Adminis-

trative determinations of the Secretary or his delegate as to tax liabilities of, or refunds owing to, individuals with respect to qualified State individual income taxes shall not be reviewed by or enforced by any officer or employee of any State or political subdivision of a State.

26 USC 3401.

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Page:United States Statutes at Large Volume 86.djvu/980

 PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

"SEC. 6362. QUALIFIED STATE INDIVIDUAL INCOME TAXES. " (a) QUALIFIED STATE INDIVIDUAL INCOME TAXES DEFINED.—For

,

,r:! ^-

purposes of this subchapter— " (1) IN GENERAL.—The term 'qualified State individual income tax' means— " (A) a qualified resident tax, and " (B) a qualified nonresident tax. "(2) QUALIFIED RESIDENT TAX.—The term 'qualified resident tax' means a tax imposed by a State on the income of individuals who are residents of such State which is either— "(A,) a tax based on taxable income which meets the requirements of subsection (b), or " (B) a tax which is a percentage of the Federal tax which meets the requirements of subsection (c), and which, in addition, meets the requirements of subsections (e) and (f). "(3) QUALIFIED NONRESIDENT TAX.—The term 'qualified nonresident tax' means a tax which is imposed by a State on the wage and other business income of individuals who are not residents of such State and which meets the requirements of subsections (d),(e),and(f). " (b) QUALIFIED RESIDENT TAX BASED ON TAXABIE INCOME.—

^f'To^*;,^*' 26 USC 63.

JB3 Stat.^5^80; 85 Stat. 558.

78 Stat. 40.

" (1) IN GENERAL.—A tax meets the requirements of this subsection only if it is imposed on an amount equal to the individual's taxable income (as defined in section 63) for the taxable year, T

, 1

^

'

»'

'

adjusted— " (A) by subtracting an amount equal to the amount of his interest on obligations of the United States which was included in his gross income for the year, " (B) by adding an amount equal to his net State income tax deduction for the year, and " (C) by adding an amount equal to his net tax-exempt income for the year. "(2) PERMITTED ADJUSTMENTS.—A tax which otherwise meets the requirements of paragraph (1) shall not be deemed to fail to meet such requirements solely because it provides for one or more of the following adjustments: " (A) There is imposed a tax on the amount taxed under section 56 (relating to the minimum tax for tax preferences). " (B) A credit determined under rules prescribed by the Secretary or his delegate is allowed against such tax for income tax paid to another State or a political subdivision thereof. "(3) N E T STATE INCOME TAX DEDUCTION.—For purposes of this subsection and subsection (c), the term 'net State income tax deduction' means the excess (if any) of (A) the amount deducted from income under section 164(a)(3) as taxes paid to a State or a political subdivision thereof, over (B) amounts included in income as recoveries of prior income taxes paid to a State or a political subdivision thereof which had been deducted under section 164(a)(3). "(4) N E T TAX-EXEMPT INCOME.—For purposes of this subsection and subsection (c), the term 'net tax-exempt income' means the excess (if any) of— " (A) the interest on obligations described in section 103 (a)(1) other than obligations of the State and its political subdivisions, and

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PUBLIC LAW 92-51 2 - O C T. 20, 1972

939

" (B) the interest on obligations described in such section, of the State and its political subdivision which under the law of the State is subject to the individual income tax imposed by the State, over the sum of the amount of deductions allocable to such interest which is disallowed by application of section 265, and the amount yg^stlt^se*. ^^' of the proper adjustment to basis allocable to such obligations 26 USC 256. which is required to be made for the taxable year under section 1016(a)(5) or (6). "(c) QUALIFIED KESIDENT TAX W H I C H Is A PERCENTAGE OF THE FEDERAL T A X. —

"(1) IN GENERAL.—A tax meets the requirements of this subsection only if it is imposed as a specified percentage of the excess of the taxes imposed by chapter 1 over the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable by sections 31 and 39). "(2) REQUIRED ADJUSTMENT.—^A tax meets the requirements of this subsection only if the liability for tax is decreased by the decrease in such liaoility which would result from excluding from gross income an amount equal to the interest on obligations of the United States which was included in gross income for such year. "(3) PERMITTED ADJUSTMENTS.—A tax which otherwise meets the requirements of paragraphs (1) and (2) shall not be deemed to fail to meet such requirements solely because it provides for both of the following adjustments: " (A) the liability for tax is increased by the increase in such liability which would result from including as an item of gross income an amount equal to the net tax-exempt income for the year, and " (B) the liability for tax is increased by the increase in such liability which would result from including as an item of gross income an amount equal to the net State income tax deduction for the year. "(4) FURTHER PERMITTED ADJUSTMENT.—^A tax which otherwise meets the requirements of paragraphs (1) and (2) shall not be deemed to fail to meet such requirements solely because a credit determined under rules prescribed by the Secretary or his delegate is allowed against such tax for income tax paid to another State or a political subdivision thereof. "(d)

QUALIFIED NONRESIDENT T A X. —

"(1) IN GENERAL.—A tax imposed by a State meets the requirements of this subsection only if it has the following characteristics— " (A) such tax is imposed by the State on the wage and other business income of individuals who are not residents of such State, " (B) such tax applies only with respect to wage and other business income derived from sources within such State, " (C) such tax applies only if 25 percent or more of the individual's wage and other business income for the taxable year is derived from sources within such State, " (D) the amount of such tax imposed with respect to any individual who is not a resident does not exceed the amount of tax for which he would be liable under such State's qualified resident tax if he were a resident of such State and if his taxable income were an amount equal to the excess of— " (i) the amount of his wage and other business income derived from sources within such State, over

^^ '^^^ ' • ^e use 31.

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PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

"(ii) that portion of the nonbusiness deductions taken into account for purposes of the State's qualified resident, '-zs:'-,. tax which bears the same ratio to the amount of such deductions as the income referred to in clause (i) bears to his adjusted gross income, and ' t^^-B^y'^" (E) the State has in effect for the same period a qualified , Jt 'iz-j r. resident tax. "(2) WAGE AND OTHER BUSINESS INCOME.—The term 'wage and other business income' means— ^e'use * 340^1* " ( ^) wages, as defined in section 3401(a), " (B) net earnings from self-employment (within the si^lfauVif"' meaning of section 1402(a)), and " (C) the distributive share of income of any trade or business carried on by a trust, estate, or electing small business 72 Stat. 1650. corporation (within the meaning of section 1371(a)) to the extent such share (i) is includible in the gross income of the 'fr; individual for the taxable year, and (ii) would constitute net earnings from self-employment (within the meaning of section 1402(a)) if such trade or business were carried on by a partnership. "(e) REQUIREMENTS RELATING TO RESIDENCE.—A tax imposed by a State meets the requirements of this subsection only if for purposes of such tax— "(1) RESIDENT INDIVIDUAL.—An individual (other than a trust 'Tf or estate) is treated as a resident of such State with respect to a taxable year only if— .fi " (A) his principal place of residence has been within such State for a period of at least 135 consecutive days and at least 30 days of such period are in such taxable year, or " (B) in the case of a citizen or resident of the United States •u ' who is not a resident (determined in the manner provided in subparagraph (A)) of any State with respect to such taxable year, such individual is domiciled in such State for at least 30 days during such taxable year. Nothing in this subchapter shall be construed to require or authorize the treatment of a Senator, Representative, Delegate, or Resident Commissioner as a resident of a State other than the State which he represents in Congress. -ft " (2) ESTATE.—An estate of an individual is treated as a resident of the last State of which such individual was a resident (within the meaning of paragraph (1)) before his death, r

,

" (3) TRUSTS.— " (A) TESTAMENTARY TRUST.—^A

trust with respect to which a deceased individual is the principal contributor by j, ' reason of property passing on his death is treated as a resif...i' J i dent of the last State of which such individual was a resident (within the meaning of paragraph (1)) before his death. 'i^ " (B) NONTESTAMENTARY TRUST.—A trust (other than a trust described in subparagraph (A)) is treated as a resident '?•'' of such State with respect to a taxable year only if the prin:Ux>:.y cipal contributor to the trust, during the 3-year period ending on the date of the creation of the trust, resided in the State for an aggregate number of days longer than the aggregate number of days he resided in any other State. " (C) SPECIAL RULES.—For purposes of this paragraph— " " (i) If on any day before the close of the taxable year - ; • an existing trust received assets having a value greater

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PUBLIC LAW 92-512-OCT. 20, 1972

than the aggregate value of all assets theretofore contributed to the trust, such trust shall be treated as created on such day. For purposes of this subparagraph, the value of any asset taken into account shall be its fair market value on the day it is contributed to the trust. !";:-•: f-j. • " (ii) The principal contributor to the trust is the individual who contributed more (in value) of the assets contributed on the date of the creation of the trust (determined after applying clause (i)) than any other individual.  -' ' "(iii) If 'the foregoing rules would create more than -•'i =, • '. one State of residence (or no State of residence) for a trust, such trust shall be treated as a resident of the '; '• State determined under similar principles prescribed by the Secretary or his delegate by regulations. '' (4) LIABILITY FOR TAX ON CHANGE OF RESIDENCE.—With respect . to a taxable year, in the case of an individual (other than an individual who comes into being or ceases to exist) who becomes a resident, or ceases to be a resident, of the State, his liability to such State for the resident tax is determined by multiplying the amount which would be his liability for tax (after the nonrefundable credits allowed against such tax) if he had been a resident of such State for the entire taxable year by a fraction the numerator of which is the number of days he was a resident of such State and the denominator of which is the total number of days in the taxable year. I n the case of an individual who is treated as a resident of a State with respect to a taxable year by reason of paragraph (1)(B), the preceding sentence shall be applied by substituting days of domicile for days of residence. " (5) CURRENT COLLECTION OF TAX.—In applying chapter 24

(relating to witholding) and section 6015 and other provisions relating to declarations of estimated income (and amendments thereto) — " (A) in the case of a resident tax, an individual is treated as subject to the tax if he reasonably expects to reside in the State for 30 days or more or if such individual is a resident of the State (within the meaning of paragraph (1), (2), or (3)), and " (B) in the case of a nonresident tax, an individual is treated as subject to the tax if he reasonably expects to receive wage and other business income (within the meaning of subsection (d)(2)) for 30 days or more during the taxable year. ''(f) ADDITIONAL EEQIJIREMENTS.—A tax imposed by a State shall me^t the requirements of this subsection only if—

69 Stat. 6 1 6. 26 USC 3401.

68A Stat. 737 85 Stat. 517.

^,„, ^ ViV")?

" (1) STATE AGREEMENT MUST BE I N EFFECT FOR PERIOD CON-

CERNED.—A State agreement entered into under section 6363 is in effect with respect to such tax for the taxable period in question. " (2) STATE LAWS MUST CONTAIN CERTAIN PROVISIONS.—Under

the laws of such State— " (A) the provisions of this subchapter (and of the regulations prescribed thereunder) as in effect from time to time .Q are made applicable for the period for which the State agreement is in effect, and " (B) any change made by the State in the tax imposed by the State will not apply to taxable years beginning in any calendar year for which the State agreement is in effect unless such change is enacted before NoA^ember 1 of such calendar year.

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102 drink it and see; if it do me no good, it will do me no harm." And with the fancied hope of advantage from it, you swallow down the bitter and unpalatable potion as if it were sugar.

Now come and be candid with yourself; you give credit to a false physician, to a false writer of charms and to a false astrologer, for the sake of being delivered from a day or two of illness in this world, and you even undergo suffering for the sake of it. But the learned in religion, for the sake of saving you from the malady of stupidity and rebellion and bringing you to everlasting health and felicity, have exerted themselves to make the verses of the Koran and the holy traditions to serve as a medicine to deliver you from bitter torment. Still you attach no credit to their words. You treat the Koran and the traditions with entire disregard, neither clinging to the commandments of God, nor avoiding forbidden things. You follow the bent of your own inclinations, instead of following the example and law of the prophet of God, and you indulge in many acts of transgression. Nor do you call to mind what will be your condition in the end of it all, nor how long a time you have yet to live in the world, nor what eternity is compared with this world. Do you not know that by choosing a very little pain in the business of religion during this short life and in this worthless world, you may gain eternal felicity, and riches that cannot be taken from you? The pain which we may suffer in this world, however severe, yet does not weigh the amount of an atom in comparison with the pains and torment of the other world. This world is a fading shadow, but the future world is abiding and eternal.

The following is an illustration of the duration of eternity, so far as the human mind can comprehend it. If the space from between the empyreal heaven to the regions below the earth, embracing the whole universe, should be filled up with grains of mustard seed, and if a crow should

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Page:United States Statutes at Large Volume 86.djvu/984

 942

PUBLIC LAW 92-512~OCT. 20, 1972 "(3)

Ante, p. 936.

"(7)

72 Stat. 1650.

,^58 Stat. 722; 76 Stat. 768.

STATE LAWS TAXING INCOME OF INDIVIDUALS CAN ONLY BE

OF CERTAIN KINDS.—The State does not impose any tax on the income of individuals other than— " (A) a qualified resident tax, "^B) a qualified nonresident tax, and " (C) a separate tax on income which is not wage and other business income and which is received or accrued by individuals who are domiciled in the State but who are not residents of the State within the meaning of subsection ^ (e)(1). ^ " (4) TAXABLE YEARS MUST COINCIDE.—The taxable years of individuals under such tax coincide with taxable years for purposes of the taxes imposed by chapter 1. "(5) MARRIED INDIVIDUALS.—A married individual (within the meaninff of section 143)— " (A) who files a joint return for purposes of the taxes imposed by chapter 1 shall not file a separate return for purposes ol such State tax, and " (B) who files a separate return for purposes of the taxes imposed by chapter 1, shall not file a joint return for purposes of such State tax. " (6) No DOUBLE JEOPARDY UNDER STATE LAW.—The laws of such State do not provide criminal or civil sanctions for an act (or omission to act) with respect to a qualified resident tax or qualified nonresident tax other than the criminal or civil sanctions to which ^^ individual is subjected by reason of section 6361.

68A Stat. 3. ^^ "^^ ^* 83 Stat. 677. 26 USC 143.

.

[86 STAT.

f

PARTNERSHIPS, TRUSTS, SUBCHAPTER S CORPORATIONS, AND CONDUIT ENTITIES.—Under the State law the tax treat-

OTHER ment of— " (A) partnerships and partners, " (B) trusts and their beneficiaries, " (C) estates and their beneficiaries, " (D) electing small business corporations (within the meaning of section 1371(a)) and their shareholders, and " (E) any other entity and the individuals having beneficial interests therein, to the extent that such entity is treated as a conduit for purposes of the taxes imposed by chapter 1, shall correspond to the tax treatment provided therefor in the case of the taxes imposed by chapter 1. "(8) MEMBERS OF ARMED FORCES.—The relief provided to any member of the Armed Forces of the United States by section 514 of the Soldiers' and Sailors' Civil Relief Act (50 U.S.C. A p p. gg^ 574) jg j ^ no way diminished. ,,,^^ '.^ir (9) W I T H H O L D I N G O N COMPENSATION OF EMPLOYEES OF RAILROADS, MOTOR CARRIERS, AIRLINES, AND WATER CARRIERS. The r e i s

49 USC* 26a ^' 325a, 922b. ^' 49 USC 1512.

no contravention of the provisions of section 26, 226A, or 324 of ^^^ Interstate Commerce Act or of section 1112 of the Federal Aviation Act of 1958 with respect to the withholding of compensation to which such sections apply for purposes of the nonresident tax. "SEC. 6363. STATE AGREEMENTS; OTHER PROCEDURES. " (a) STATE AGREEMENT.—If a State elects to enter into an agreement with the United States to have its individual income taxes collected and administered as provided in this subchapter, it shall file notice of such election in such manner and with such supporting information as the Secretary or his delegate may prescribe by regulations. The Secretary shall enter into an agreement with such State unless the Secretary notifies the Goyemor of the State within 90 days

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Page:United States Statutes at Large Volume 86.djvu/985

 86 STAT.]

PUBLIC L A W 9 2 - 5 1 2 - O C T. 20, 1972

after the date of the filing of the notice of the election that the State does not have a qualified State individual income tax (deteimined without regard to section 8Hi2(f)(1)). The provisions of this subchapter shall apply on and after the date (not earlier than the first .fanuary 1 which is more than H months after- the date of the notice) specified for this purpose in the agreement. "(b)

-943

^"'e, p. 938.

WITHDRAWAL.— "(1) BY NOTIFK ATION.—If

a State wishes to withdraw from the agreement, it shall notify the Secretary oi- his delegate of its intention to withdraw in such manner as the Secretary or his delegate may prescribe by regulations. The provisions of this subchapter (other than this section) shall not apply on oi- after the date specified for this purpose in the notification. Except as provided in regulations, the date so specified shall not be earlieithan the first January 1 which is moie than fi months after the date on which the Secretary or his delegate is so notified. "(2) By CHANGE IN STATE LAW.—Any change in State law which would (but for this subchapter) have the effect of causing a tax to cease to be a qualified State individual income tax shall be treated as an intention to withdraw from the agieement. Xotitication by the Secretary to the Governor- of such State that rhe change in State law will be treated as an intention to withdraw shall be made by the Secretary in such manner as the Secretary or his delegate shall by regulations prescribe. Such notification shall have the same effect as a notice under- paragraph (1) of an intention to withdraw from the agreement r-eceived on the effective date of the change in State law.

.a:* -i«" '^

" (c) TRANSITION YEARS.— "(1) SUBCHAPTER CEASES TO APPLY DURINCI TAXPAYER'S YEAR.—

If the provisions of this subchapter cease to apply on a day otherthan the last day of the taxpayer's taxable year, then amounts previously paid to the United States on account of the State's qualified individual income tax for that taxable year (whether paid by withholding, estimated tax, crexiit in lieu of refund, orotherwise) shall be treated as having been paid on account of the State's individual income tax law for that taxable year. 'Such amounts shall be transferred to the State as though the State had not withdraw-n from the agreement. Returns, applications, elections, and other forms previously filed with the Secretary or his tlelegate for that taxable year, which are thereafter requir-ed to be filed with the appropriate State official shall be treated as having been filed with the appropriate State official. " (2)

PREVENTION OF UNINTENDED HARDSHIPS OR BENEFITS.—Thei

State may by law pi-ovide for the transition to a qualified State individual income tax or from such a tax to the extent necessary to prevent double taxation or other unintended hardships, or to prevent unintended benefits, under State law. subsection shall be administered by the Secretary or- his delegate, by the State, or- jointly, to the exteait 2>r'OAided in regulations pre-scribed by the Secretary or- his delegate, " (d) JuDioiAL R E VI E W. —
 * '(8) ADMINISTRATION OF SUBSECTION.—The provisions of this

"(1) IN GENERAL.—Whenever under- tiiis section the Secretary or his delegate determines that a State does not have a qualified State individual income tax, such State may, within 60 days after* the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located, or with the United States Court of Appeals for- the District of Columbia, a petition for it^view of such action.

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PUBLIC LAW 92-512-OCT. 20, 1972

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72 Stat. 941: 80 Stat. 1323.

62 Stat. 928.

[86

STAT.

A copy of the petition shall be forthwith transmitted by the clerk of the couit to the Secretary or his delegate. The Secretary or his delegate thereupon shall file in the court the record of the proceedings on which he based his action as provided in section ., 2112 of title 28, United States Code. u^2) JURISDICTION OF COURT; REVIEW.—The court shall have jurisdiction to affirm the action of the Secretary or his delegate or to set it aside in whole or in part and to issue such other orders as may be appropriate with regard to taxable years which include any part of the period of litigation. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(3) STAY OF DECISION.—

69 Stat. 616.

" (A) If judgment on a petition to review a determination under subsection (a) includes a determination that the State has a qualified State individual income tax, then the provisions of this subchapter shall apply on and after the first January 1 which is more than 6 months after the date of the L judgment. " (B) If judgment on a petition to review a determination by the Secretary under subsection (b)(2) includes a determination that the State does not have a qualified State indi... vidual income tax, then the provisions of this subchapter ii' (other than this section) shall not apply on and after the first January 1 which is more than 6 months after the date of the judgment. " (4) PREFERENCE.—Any judicial proceedings under this section ~ shall be entitled to, and, upon request of the Secretary or the State, i shall receive a preference and shall be heard and determined as expeditiously as possible. "SEC. 6364. REGULATIONS. "The Secretary or his delegate shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subchapter. «SEC. 6365. DEFINITIONS AND SPECIAL RULES. " (a) STATE.—For purposes of this subchapter, the term 'State' includes the District of Columbia. " (b) GOVERNOR.—For purposes of this subchapter, the term 'Governor' includes the Commissioner of the District of Columbia. "(c) APPLICATION OF SUBCHAPTER.—Whenever this subchapter begins to apply, or ceases to apply, to any State tax on any January 1— "(1) except as provided in paragraph (2), such change shall apply to taxable years beginning on or after such date, and "(2) for puTposcs of chapter 24, such change shall apply to wages paid on or after such date." (b) CLERICAL AMENDMENT.—The table of subchapters for chapter (>4 of such Code is amended by adding at the end thereof the following: "SUBCHAPTER E. Collection of State individual income taxes." SEC. 203. CONFORMING AMENDMENTS. (a) LARGE REFUNDS.—Section 6405 of the Internal Revenue Code

Ante, p. 657.

Ante, p. 936.

gf 1954 (relating to reports of refunds and credits) is amended by adding at the end thereof the following new subsection: "(e) QUALIFIED STATE INDIVIDUAL INCOME TAXES.—For purposes of this section, a refund or credit made under subchapter E of chapter ^^ (relating to Federal collection of qualified State individual income

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Page:The Eurypterida of New York Volume 1.pdf/426

 there is plenty of evidence that the eurypterids in these waters of the Shawangunk sea reached considerable size and occurred in great profusion.

The best specimens are identical or very closely related to the following species from Otisville:

1  Clarke. A number of carapaces with the characteristic subtrapezoidal outline. Three of these, at least, show the position of the compound or lateral eyes and the marginal doublures.

2  Clarke. Carapaces with the very uniformly rounded outline of that species but not exhibiting the eyes.

3  cf. Clarke. Its presence is suggested by a patch of integument with the peculiar sculpture of that species. The sculpture resembles especially that of plate 53, figure 2.

4  Clarke. A segment with the characteristic linear sculpture. Also several carapaces are referable to this species.

5  cf. Clarke & Ruedemann. A very small somewhat distorted carapace of a Pterygotus may well represent this species.

Professor van Ingen has also succeeded in discovering still another eurypterid fauna southwest of the Delaware Water Gap, at the Swatara Gap, Lebanon co., Pa. The interesting feature of this fauna is that it occurs in association with marine fossils suggesting horizons lower than the Salina and corresponding to parts of the Niagaran, possibly as low as the Clinton.

Eurypterid remains were encountered in three beds distinguished as: 182 B 16h, 182 B 23 and 182 C 4x.

182 B 16h, an olive gray sandy shale, has furnished:

1 Small carapaces, belonging to species closely related or identical with,   and


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Page:United States Statutes at Large Volume 86.djvu/987

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PUBLIC LAW 92-512-OCT. 20, 1972

taxes) for a taxable year shall be treated as a poition of a refund or credit of the income tax for that taxable year." (b)

945

'

TAX COURT SMALL CLAIMS.—

(1) Section 7463 of such code (relating to disputes involving $1,000 or less) is amended by adding at the end thereof the following new subsection: "(f) QUALIFIED STATE INDIVIDUAL INCOME TAXES.—For purposes of this section, a deficiency placed in dispute or claimed overpayment with regard to a qualified State individual income tax to which subchapter E of chapter 64 applies, for a taxable year, shall be treated as a portion of a deficiency placed in dispute or claimed overpayment of the income tax for that taxable year.'' (2) Section 7463 of such Code is amended by striking out "$1,000" in the heading and each place it appears in subsection i (a) thereof and inserting in lieu thereof "$1,500". (3) The table of sections for part II of subchapter C of chapter 76 of such Code is amended by striking out "$1,000" in the item relating to section 7463 and inserting in lieu thereof "$1,500".

^^ ^^^^'^^^^a^*

^"^^' P* ^^^'

SEC. 204. EFFECTIVE DATE. (a) GENERAL RULE.—Except as provided in subsections (b) and

(c), the provisions of this title (and the amendments made thereby) shall take effect on the date of the enactment of this Act. (b) COLLECTION AND ADMINISTRATION or STATE TAXES BY THE UNITED STATES M A Y NOT BEGIN BEFORE JANUARY 1, 1974.—Section

6361 of the Internal Revenue Code of 1954 (as added by section 202(a) of this Act) shall take effect on whichever of the following is the later: (1) January 1, 1974, or (2) the first January 1 which is more than one year after the first date on which at least 2 States having residents who in the aggregate filed 5 percent or more of the Federal individual income tax returns filed during 1972 have notified the Secretary '" of the Treasury or his delegate of an election to enter into an agreement under section 6363 of such Code. ^"'^' P* ^'^^' (c) JURISDICTION OF TAX COURT I N DISPUTES INVOLVING $1,500 OR Effective date. LESS.—The amendments made by paragraphs (2) and (3) of section 203 (b) of this Act shall take effect on January 1, 1974. TITLE III—LIMITATION ON GRANTS FOR SOCIAL SERVICES UNDER PUBLIC ASSISTANCE PROGRAMS SEC. 301. (a) Title X I of the Social Security Act is amended by 8i^stat?9*2o?' adding at the end thereof the following new section: 42 USC 13*01. "LIMITATION ON FUNDS FOR CERTAIN SOCIAL SERVICES

"SEC. 1130. (a) Notwithstanding the provisions of section 3(a)(4) and (5),403(a)(3), 1003(a)(3) and (4), 1403(a)(3) and (4), o r 1603 (a)(4) and (5), amounts payable for any fiscal year (commencing 42 USC 303, with the fiscal year beginning July 1, 1972) under such section (as ^3^^^^°^* ^^^^' determined without regard to this section) to any State with respect to expenditures made after June 30, 1972, for services referred to in t.^ s* such section (other than the services provided pursuant to section 402 (a) (19)(G)), shall be reduced by such amounts as may be necessary ^2 USC 602. to assure that— "(1) the total amount paid to such State (under all of such sections) for such fiscal year for such services does not exceed the allotment of such State (as determined under subsection (b)); and

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Page:United States Statutes at Large Volume 86.djvu/988

 946

PUBLIC LAW 92-512-OCT. 20, 1972 i«^

[86 STAT.

"(2) of the amounts paid (under all of such sections) to such State for such fiscal year with respect to such expenditures, other than expenditures for—, " (A) services provided to meet the needs of a child for > ^ personal care, protection, and supervision, but only in the case of a child where the provision of such services is needed (i) in order to enable a member of such child's family to accept or continue in employment or to participate in training to prepare such member for employment, or (ii) because of the death, continued absence from the home, or incapacity of the child's mother and the inability of any member of such child's family to provide adequate care and supervision ' • for such child; = • •' " (B) family planning services; " (C) services provided to a mentally retarded individual (whether a child or an adult), but only if such services are needed (as determined in accordance with criteria prescribed by the Secretary) by such individual by reason of his condition of being mentally retarded; i,fr; " (D) services provided to an individual who is a drug f; f addict or an alcoholic, but only if such services are needed . (as determined in accordance with criteria prescribed by the Secretary) by such individual as part of a program of active treatment of his condition as a drug addict or an alcoholic; and " (E) services provided to a child who is under foster care 75 Stat. 76. in a foster family home (as defined in section 408) or in a child-care institution (as defined in such section), or while ,}i ^ awaiting placement in such a home or institution, but only if such services are needed (as determined in accordance with criteria prescribed by the Secretary) by such child because he is under foster care, not more than 10 per centum thereof are paid with respect to expenditures incurred in providing services to individuals who are not recipients of aid or assistance (under State plans approved i2ol"iT5i?l38i. ^nder titles I, X, X IV, X y i, or part A of title IV), or applicants 601.' ' ' (as defined under regulations of the Secretary) for such aid or assistance. state allotment. " (b)(1) For each fiscal year (commencing with the fiscal year beginning July 1, 1972) the Secretary shall allot to each State an amount which bears the same ratio to $2,500,000,000 as the population of such State bears to the population of all the States. "(2) The allotment for each State shall be promulgated for each fiscal year by the Secretary between July 1 and August 31 of the calendar year immediately preceding such fiscal year on the basis of the population of each State and of all of the States as determined from the most recent satisfactory data available from the Department of Commerce at such time; except that the allotment for each State for the fiscal year beginning July 1, 1972, and the following fiscal year shall be promulgated at the earliest practicable date after the enactment of this section but not later than January 1, 1973. 'State' " (c) For purposes of this section, the term 'State' means any one of the fifty States or the District of Columbia," (b) Sections 3(a)(4)(E), 4 0 3 (a)(3)(D), 1 0 0 3 (a)(3)(E), 1403 6^3 Yfo'^s ^uss 0*^ (a)(3)(E), and 1603(a)(4)(E) of such Act are amended by striking 1383. ' ' out "subject to limitations" and inserting in lieu thereof "under conditions which shall be".

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PUBLIC LAW92-513-OCT. 20, 1972

(c) Section 403(a)(5) of such Act is amended to read as follows: " (5) in the case of any State, an amount equal to 50 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children." (d) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a), of such Act are amended, in the matter preceding paragraph (1) of each such section, by striking out "shall pay" and inserting in lieu thereof "shall (subject to section 1130) pay". (e) The amendments made by this section (other than by subsection (b)) shall be effective July 1, 1972, and the amendments made by subsection (b) shall be effective January 1, 1973. Approved October 20, 1972.

947 81 Stat. 893. 42 USC 603.

42 USC 303, 1203, 1353, 1383, Ante, p. 945. Effective dates..

Public Law 92-513 AN ACT October 20, 1972 [S. 976] To promote competition among motor vehicle manufacturers in the design and production of safe motor vehicles having greater resistance to damage, 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 J^ot""" vehicle be cited as the "Motor Velhicle Information and Cost Savings Act". e"ost'savhl^gs'Act. DEFINITIONS

SEC. 2. For the purpose of this Act: (1) The term "passenger motor vehicle'* means a motor vehicle with motive power, designed for carrying twelve persons or less, except (A) a motorcycle or (B) a truck not designed primarily to carry its operator or passengers. (2) The term "multipurpose passenger vehicle" means a passenger motor vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation. (3) The term "passenger motor vehicle equipment" means (A) any system, part or component of a passenger motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as an accessory, or addition to a passenger motor vehicle, or (B) a towing device. (4) The term "towing device" means any device manufactured or sold for use in towing a passenger motor vehicle. (5) The term "property loss reduction standard" means a minimum performance standard established for the purpose of increasing the resistance of passenger motor vehicles or passenger motor vehicle equipment to damage resulting from motor vehicle accidents or for the purpose of reducing the cost of repairing such vehicles or such equipment damaged as a result of such accidents. (6) The term "bumper standard" means any property loss reduction standard the purpose of which is (A) to eliminate or reduce substantially physical damage to the front or rear ends (or both) of a passenger motor vehicle resulting from (i) a lowspeed collision (including but not limited to a low-speed collision

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Page:United States Statutes at Large Volume 86.djvu/990

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PUBLIC LAW 92-513-OCT. 20, 1972

[86 STAT.

 * '•'" ' - '-j^

"^' ' ' ^ '

with a fixed barrier) or (ii) from the towing of such vehicle, or (B) to reduce substantially the cost of repair of the front or rear ends (or both) of such a vehicle when damaged (i) in such a colli\ sion or (ii) as a result of being towed; but such a standard may not specify a specific dollar amount for the cost of repair of a .'= -''^y I • vehicle when so damaged. '^ " '^ t'>' (7) The term "manufacturer" means any person engaged in the J.manufacturing or assembling of passenger motor vehicles or '• .t passenger motor vehicle equipment including any person importy^t^' ing motor vehicles or motor vehicle equipment for resale. (8) The term "make" when used in describing a passenger motor vehicle means the trade name of the manufacturer of that vehicle. (9) The term "model" when used in describing a passenger motor vehicle means a category of passenger motor vehicle based upon the size, style, and type of any make of passenger motor ^1 vehicle. . ', '' (10) The term "motor vehicle accident" means an accident aris- ~ "" ing out of the operation, maintenance, or use of a passenger motor vehicle or passenger motor vehicle equipment. (11) The term "Secretary" means the Secretary of Transportation. ' ""' ' ' '' ' (12) The term "insurer of passenger motor vehicles" means any person engaged in the business of issuing (or reinsuring, in whole or part) passenger motor vehicle insurance policies. (13) The term "damage susceptibility" means susceptibility to physical damage incurred by a passenger motor vehicle involved in a motor vehicle accident. , (14) The term "crashworthiness" means the protection that a " passenger motor vehicle affords its passengers against personal injury or death as a result of a motor vehicle accident. (15) The term "motor vehicle" means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle oper/ ated exclusively on a rail or rails. g (16) The term "State" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. ", (17) The term "interstate commerce" means commerce between any place in a State and any place in another State, or between i places in the same State through another State. (18) The term "United States district courts" means the Fed, eral district courts of the United States and the United States ? courts of the Commonwealth of Puerto Rico, Guam, the Virgin s Islands, the Canal Zone, and American Samoa. !

TITLE I—BUMPER STANDARDS F I N D I N G S A N D PURPOSE

'

?

•

•

SEC. 101. (a) The Congress finds that it is necessary to reduce the economic loss resulting from damage to passenger motor vehicles involved in motor vehicle accidents.

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PUBLIC LAW 92-513-OCT. 20, 1972

(b) I t is the purpose of this title to reduce the extent of such economic loss by providing for the promulgation and enforcement of bumper standards.

949

.sww.^a li.-a

SETTING OF STANDARDS

SEC. 102. (a) Subject to subsections (b) through (e) of this section, the Secretary by rule— (1) shall promulgate bumper standards applicable to all passenger motor vehicles manufactured in or imported into the .sn.«;j United States, and (2) may promulgate bumper standards applicable to any item of passenger motor vehicle equipment so manufactured or imported, except that such a rule shall not apply to any vehicle or item of passenger motor vehicle equipment which is intended solely for export (and is so labeled or tagged on the vehicle or equipment itself and on the outside of the container, if any) and which is exported. (b)(1) Any standard under subsection (a) shall seek to obtain the maximum feasible reduction of costs to the public and to the consumer, taking into account: (A) the cost of implementing the standard and the benefits attainable as the result of implementation of the standard; (B) the effect of implementation of the standard on the cost of ,. insurance and prospective legal fees and costs; (C) savings in terms of consumer time and inconvenience; and • VJ^rV r t s V ' (D) considerations of health and safety, including emission standards. (2) Bumper standards under this title shall not conflict with motor vehicle safety standards promulgated under title I of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.). ^2%!!%'^^^'' (c)(1) I n promulgating any bumper standard under this title the Exemptions. Secretary may for good cause shown— (A) exempt partially or completely any multipurpose passenger motor vehicle; or (B) exempt partially or completely any make, model, or class of passenger motor vehicle manufactured for a special use, if such standard would unreasonably interfere with the special use of such vehicle. (2) To the maximum extent practicable, a bumper standard promulgated by the Secretary shall not preclude the attachment of detachable hitches. (d) The Secretary shall establish the effective date of any bumper Effective date, standard when finally promulgating the standard, and such standard shall apply only to passenger motor vehicles or passenger motor vehicle equipment manufactured on or after such effective date. Such effec'-' -'* ^ tive date shall not be— (1) earlier than the date on which such standard is finally promulgated, or (2) later than eighteen months after final promulgation of the standard unless the Secretary presents to Congress and publishes a detailed explanation of the reasons for such later effective date.

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Page:United States Statutes at Large Volume 86.djvu/992

 PUBLIC LAW 92-513-OCT. 20, 1972

[86 STAT.

I n no event shall the Secretary establish an effective date which is ' earlier than July 1, 1973. ^^^ ^ ^ j^]^ Fules establisMng, amending, or revoking a bumper standard under this title shall be issued pursuant to section 553 of title 5 of the United States Code, except that the Secretary shall give interested persons an opportunity for oral presentation of data, views, or arguments, and the opportunity to make written submissions. A transcript shall be kept of any oral presentation. ^2) The Secretary may also conduct a hearing in accordance with such conditions or limitations as he may make applicable thereto, for the purpose of resolving any issue of fact material to the establishing, amending, or revoking of a bumper standard.

Rulemaking, 80 Stat, 383,

Hearing.

JUDICIAL

REVIEW

SEC. 103. (a) Any person who may be adversely affected by any rule issued under section 102 of this title may at any time prior to sixty days after such rule is issued file a petition with the United States Court of Appeals for the District of Columbia, or any circuit wherein such person resides or has his principal place of business, for judicial review of such rule. A copy o i the petition shall be forthwith transmitted by the clerk of the court to the Secretary or his delegate. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his rule, as provided in section 2112 of title 28, United States Code. (b) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced in a hearing, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new finding-s, and his recommendation, if any, for the modification or setting aside of his rule, with the return of such additional evidence. (c) Upon the filing of the petition referred to in subsection (a) of this section, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief as provided in such chapter. (d) The judgment of the court affirming or setting aside, in whole or in part, any such rule of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (e) The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law.

72 Stat. 941; 80 Stat. 1323.

80 Stat. 392. 5 USC 701.

62 Stat. 928.

9s*' '

'

'

POWERS OF THE

SECRETARY

SEC. 104. (a)(1) For the purpose of carrying out the provisions of this title, the Secretary, or on the authorization of the Secretary, any officer or employee of the Department of Transportation may hold

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PUBLIC LAW 92-513-OCT. 20, 1972

9iSl

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) In 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 copj^, any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title. (3) 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 made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe. (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 emploj^ee issueid under paragraph (1) or paragraph (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 that are paid witnesses in the courts of the United States. (b) All information reported to or otherwise obtained by the Secre-. confidential tary or his representative under this title which information contains c'ios'il^e!*°"' 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 62 Stat. 791. 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. (c)(1) The Secretary is authorized to request from any department, agency, or instrumentality of the Government any information he deems necessary to carry out his functions under this title; and each such department, agency, or instrumentality is authorized and directed to cooperate with the Secretary and to furnish such information to the Department of Transportation upon request made by the Secretary. Personnel (2) The head of any Federal department, agency, or instrumental- detail. ity is authorized to detail, on a reimbursable basis, any personnel of such department, agency, or instrumentality to assist in carrying out the duties of the Secretary under this title. (d) The Secretary shall conduct such research as is necessary for him to carry out his functions under this title.

82-081 O - 73 - 63

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Page:United States Statutes at Large Volume 86.djvu/994

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PUBLIC LAW 92-513-OCT 20, 1972 INSPECTION

Test vehicles, availability, cost limitation.

Compliance certification.

Exports, nonapplicability.

AND

[86

STAT.

CERTIFICATION

SEC. 105. (a) Every manufacturer of passenger motor vehicles or of passenger motor vehicle equipment shall establish and maintain such records, make such reports, and provide such items and information (including the supplying of vehicles or equipment for testing) as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and bumper standards prescribed pursuant to this title and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect vehicles and appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and bumper standards prescribed pursuant to this title. Such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe. Vehicles and equipment for testing shall be made available under this subsection at a negotiated price that does not exceed the manufacturer's cost. (b) For purposes of enforcement of this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter any factory, warehouse, or establishment in which passenger motor vehicles or passenger motor vehicle equipment is manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect such factory, warehouse, or establishment. Each such inspection shall be conducted at reasonable times and in a reasonable manner and shall be commenced and completed with reasonable promptness. (c)(1) Every manufacturer or distributor of a passenger motor vehicle subject to a Federal bumper standard under this title, or an item of passenger motor vehicle equipment subject to such a standard, shall furnish to the distributor or dealer at the time of delivery of such vehicle or item of equipment hj such manufacturer or distributor a certification that each such vehicle or item of equipment conforms to applicable Federal bumper standards. The Secretary is authorized to issue rules prescribing the manner and form of such certification. (2) Paragraph (1) of this subsection shall not apply to any passenger motor vehicle or item of passenger motor vehicle equipment which is intended solely for export (and is so labeled or tagged on the vehicle or equipment itself and on the outside of the container, if any) and which is exported. PROHIBITED ACTS

SEC. 106. (a) No person shall— (1) manufacture for sale, sell, ojffer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date any applicable Federal bumper standard takes effect under this title unless it is in conformity with such standard;

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PUBLIC LAW 92-513-OCT. 20, 1972

953

(2) fail to comply with any rule prescribed by the Secretary under this title; (3) fail to keep specified records or refuse access to or copying of records, or fail to make reports or provide items or information, or fail or refuse to permit entry or inspection, as required under this title or any rule issued thereunder; or (4)(A) fail to furnish a certificate required by section 105(c), or (B) issue a certificate required by such subsection to the effect that a passenger motor vehicle or passenger motor vehicle equipment conforms to all applicable bumper standards, if such person knows, or in the exercise of due care has reason to know, that such certificate is false or misleading in a material respect. (b)(1) Paragraph (1) of subsection (a) Shall not apply to the sale, Exemptions, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any passenger motor vehicle or any passenger motor vehicle equipment after the first purchase of it in good faith for purposes other than resale. Nothing contained in this paragraph shall be construed as prohibiting the Secretary from promulgating any standard which requires vehicles or equipment to be manufactured so as to perform in accordance with the standard over a specified period of operation or use. (2) Paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that the vehicle or item of equipment is not in conformity with applicable bumper standards or to any person who, prior to such first purchase, holds a certificate issued under section 105(c) to the effect that the vehicle or item of equipment conforms to all applicable Federal bumper standards, unless such person knows that such vehicle or such equipment does not so conform. (3) A passenger motor vehicle or passenger motor vehicle equip-. Nonconforming ment offered for importation in violation of paragraph (1) of sub- ^'"P""'*^'""^'"t'"*"*' section (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary; except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such vehicle or equipment into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such vehicle or such equipment will be brought into conformity with any applicable Federal bumper standard prescribed under this title, or will be exported or abandoned to the United States. (4) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any passenger motor vehicle or passenger motor vehicle equipment after the first purchase of it in ^,j, ^ ^^^ good faith for purposes other than resale. (c) Compliance with any Federal bumper standard issued under this title does not exempt any person from any liability under statutory or common law. ENFORCEMENT

SEa 107. (a^ Whoever violates subsection (a) of section 106 may be assessed a civil penalty of not to exceed $1,000 for each violation. Such penalty shall be assessed by the Secretary and collected in a civil action

^^ penalties,

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U.S. district courts, jurisdiction. 28 USC app.

Notice, hearing opportunity.

Criminal contempt proceedings.

18 USC app.

PUBLIC LAW 92-513-OCT. 20, 1972

[86 STAT.

brought by the Attorney General or by the Secretary (with the concurrence of the Attorney General) by any of the Secretary's attorneys designated by the Secretary for such purpose. With respect to violations of paragraph (1) or (4) of subsection (a) of section 106, a separate violation is committed with respect to each passenger motor vehicle or each item of passenger motor vehicle equipment which fails to conform to an applicable bumper standard or for which a certificate is not furnished or for which a misleading or false certificate is issued; except that the maximum civil penalty shall not exceed $800,000 for any related series of violations. (b)(1) Any person who knowingly and willfully violates section 106(a)(1) after having received notice of noncompliance from the Secretary shall be fined not more than $50,000 or be imprisoned not more than one year, or both. (2) If a corporation violates section 106(a)(1) after having received notice of noncompliance from the Secretary, any individual director, officer, or agent of such corporation who knowingly and willfully authorized, ordered, or performed any of the acts or practices con^ stituting in whole or in part such violation and who had knowledge of such notice from the Secretary shall be subject to penalties under this section in addition to the corporation. (c)(1) Upon petition by the Secretary or by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title, or to restrain the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce, or the importation into the United States, of any passenger motor vehicle or passenger motor vehicle equipment which is determined, prior to the first purchase of such vehicle or such equipment in good faith for purposes other than resale, not to conform to applicable bumper standards prescribed pursuant to this title. Whenever pi-acticable, the Secretary shall give notice to any person against whom an action for injuctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (2) I n any proceeding for criminal contempt for violation of an injunction or restraining order issued under this subsection, which violation also constitutes a violation of this title, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (3) Actions under paragraph (1) of this subsection and under subsection (a) of this section may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.

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(4) I n any actions brought under paragraph (1) of this subsection and under subsection (a) of this section, subpenas for witnesses who are required to attend a United States district court may run into any other district. CIVIL ACTION

SEC. 108. (a) Any owner of a passenger motor vehicle who sustains damages as a result of a motor vehicle accident because such vehicle did not comply with any applicable Federal bumper standard under this title may bring a civil action against the manufacturer of that vehicle in the United States District Court for the District of Columbia, or in the United States district court for the judicial district in which that owner resides, to recover the amount of those damages, and in the case of any such successful action to recover that amount, costs and reasonable attorneys' fees shall be awarded to that owner. (b) Any such axjtion shall be brought within three years of the date of the motor vehicle accident.

statute of limitation.

P U B L I C ACCESS TO INFORMATION

SEC. 109. Subject to section 104(b), copies of any communications, documents, reports, or other information sent or received by the Secretary in connection with his duties under this title shall be made available to any member of the public, upon request, at cost. E T F E C TO N STATE L A W S

SEC. 110. (a) Except as provided in subsection (b) of this section, no State or political subdivision thereof shall have any authority to establish or enforce with respect to any passenger motor vehicle or passenger motor vehicle equipment offered for sale any bumper standard which is not identical to a Federal bumper standard. (b)(1) Until a Federal bumper standard takes effect with respect to an aspect of performance of a passenger motor vehicle or of an item of passenger motor vehicle equipment, neither this Act nor the National 80 Stat. 7 1 8 Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.) Is use Issi. shall affect the authority of a State to continue to enforce any bumper "°testandard which is applicable to the same aspect of performance of such vehicle or item of equipment, which is not in conflict with any Federal standard promulgated under title 1 of the National Traffic and Motor Vehicle Safety Act of 1966, and which was in effect or had been promulgated on the date of enactment of this Act. Government(2) The Federal Government or the government of any State or ^^^^^^ ^^,h i c l e s. owned v e political subdivision thereof may establish a bumper standard appli- st^andar/s cable to vehicles or equipment procured for its own use which is not identical to the Federal standard under section 102 if such requirement imposes an additional or higher standard of performance. AUTHORIZATION

SEC. 111. There is authorized to be appropriated to carry out this title $5,000,000 for fiscal year ending June 30, 1973; $9,000,000 for the fiscal year ending June 30, 1974; and $10,000,000 for the fiscal year ending June 30, 1975. REPORTS

SEC. 112. The Secretary shall report to the Congress and to the President not later than March 31 of each year on the progress in carrying out the purposes of this title. Each such report shall contain a statement of the cost savings that have resulted from the administra-

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Rh make use of them as food and come but once in a thousand years and take but a single grain away, so that with the lapse of time there should not remain a single grain, still at the end of that time not the amount of a grain of mustard seed would have been diminished from the duration of eternity.

Beware, therefore, beloved of exposing yourself to eternal torments; call to mind the great risk and danger you are to encounter in the future world: address to your soul serious admonitions, before you come to be ashamed and fall into captivity and chastisement: ask your soul, saying, "O rebellious soul, how much misery thou dost undergo for the sake of gaining the world! What long and distant journeys thou dost undertake, how often dost thou remain hungry and thirsty, notwithstanding thou are both transitory thyself and all thou dost gain is transitory; and yet all this time God himself has engaged to supply all your needs. But on the other hand what hast thou done to secure eternal salvation in the mansions of the future world, to be delivered from misery and reach unchanging felicity? If thou art not able to endure the least pain or toil for religion in this world, how wilt thou be able to bear in the future world both material and spiritual torments, together with the torments of the imagination?"

Every man ought to take as the subject of his thoughts, the things which concern the future state,—the pains of its torments, the joys of its felicity, the delight and ecstasy of the vision of the beauty of the Lord, and finally the fact that these states are eternal. Now, is it not strange folly and sottishness to be proud of the transitory pleasures of the world in a life which lasts but for one or two days, and to turn our backs upon future eternal joys? If you are wise you will acknowledge the frailly and errors of your soul, and with an understanding of the purpose for which it was created, you will meditate upon your soul, and upon

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[86 STAT.

tion of this title, and include such recommendations for further legislative or other action as the Secretary determines may be appropriate. TITLE II — A U TO M O B I L E CONSUMER INFORMATION STUDY CONSUMER INFORMATION

Dissemination.

Insurance premium rate parisons.

SEC. 201. (a) During the first year after enactment of this Act the Secretary shall conduct a comprehensive study and investigation of the methods for determining the following characteristics of passenger motor vehicles: ^ 1) The damage susceptibility of such vehicles. (2^ The degree of crash worthiness of such vehicles. (3) The characteristics of such vehicles with respect to the ease of diagnosis and repair of mechanical and electrical systems which fail during use or which are damaged in motor vehicle accidents. (b) After reviewing the methods for determining the characteristics enumerated in subsection (a), the Secretary shall make specific recommendations for the further development of existing methods or for the development of new methods. (c) After the study has been completed the Secretary is authorized and directed to devise specific ways in which existing information and information to be developed relating to (1) the characteristics of passenger motor vehjcles enumerated in subsection (a), or (2) vehicle operating costs dependent upon those characteristics (including information obtained pursuant to section 205 of this title), can be communicated to consumers so as to be of benefit in their passenger motor vehicle purchasing decisions. (d) The Secretary shall compile the information described in subsection (c) and furnish it to the public in a simple and readily understandable form in order to facilitate comparison among the various makes and models of passenger motor vehides with respect to the characteristics enumerated in subsection (a). (e) The Secretary, not later than February 1, 1975, shall by rule establish procedures requiring automobile dealers to distribute to prospective purchasers information developed by the Secretary and provided to the dealer which compares differences in insurance costs for different makes and models of passenger motor vehicles based upon differences in damage susceptibility and crashworthiness. ADMINISTRATIVE POWERS

80 Stat. 378. 5 USC 101 et seq, 5 USC 5101, 5331. 80 Stat. 416.

SEC. 202. I n order to carry out his functions under this title the Secretary is authorized to— (1) appoint and fix the compensation of such employees as he deems necessary without regard to the provisions of title 5, United States Code, governing appointment in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (2) obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed $100 per diem; (3) contract with any person for the conduct of research and surveys and the preparation of reports; and (4) appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive services,

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such advisory committees, representative of the divergent interests involved, as he deems appropriate for the purposes of consultation with and advice to the Secretary. Members of advisory committees appointed under paragraph (4) of this section, other than those regularly employed by the Federal Government, while attending meetings of such committees or otherwise serving at the request of the Secretary, may be compensated at rates to be j&xed by the Secretary but not exceeding $100 per day, and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. Members of such advisory committees shall, for the purposes of chapter 11, title 18, United States Code, be deemed to be special Government employees.

957

so Stat. 499; 83 Stat. 190. 76 Stat. 1119; 78 Stat. 203; 80 Stat. 249.

COOPERATION OF FEDERAL AGENCIES

SEC. 203. (a) The Secretary may request from any department, agency, or independent instrumentality of the Government any information he deems necessary to carry out his functions under this title; and eadh such department, agency, or independent instrumentality is authorized and directed to cooperate with the Secretary and furnish such information to the Department of Transportation upon request made by the Secretary. (b) The head of any Federal department, agency, or independent instrumentality may detail, on a reimbursable basis, any personnel of such department, agency, or independent instrumentality to assist in carrying out the duties of the Secretary under this title. HEARINGS AND PRODUCTION OF DOCUMENTARY EVIDENCE

SEC. 204. (a) For the purpose of carrying out the provisions of this title, the Secretary, or on 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. (b) In 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 the study authorized by this title. (c) The Secretary may 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 made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe. (d) Any.United States district court 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 subsection (a) or subsection (c) of this section, 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.

18 USC 201.

Personnel detail.

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in?ormafronVd\sclosure. ' 62 Stat. 791.

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[86 STAT.

(e) Witnesses summoned pursuant to this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (^) ^^7 Information which is reported to or otherwise obtained by the Secretary or such officer or employee under this section and which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall not be disclosed except to other officers or employees of the Federal Government for their use in carrying out this title. Nothing in the preceding sentence 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. INSURANCE INFORMATION

SEC. 205. (a) Insurers of passenger motor vehicles, or their designated agents, shall, upon request by the Secretary, make such reports and furnish such information as the Secretary may reasonably require to enable him to carry out the purposes of this title. (b) Such reports and information may include, but shall not be limited to— (1] accident claim data relating to the type and extent of physical damage and the cost of remedying the damage axicording to make, model, and model year of passenger motor vehicle, and (2) accident claim data relating to the type and extent of personal injury according to make, model, and model year of passenger motor vehicle. (c) I n determining the reports and information to be furnished pursuant to subsections (a) and (b) of this section, the Secretary shall— (1) consider the cost of preparing and furnishing such reports and information; (2) consider the extent to which such reports and information will contribute to carrying out the purposes of this title; and (3) consult with such State and insurance regulatory agencies and other agencies and associations, both public and private, as he deems appropriate. (d) The Secretary shall, to the extent possible, obtain such reports and information from the insurers of passenger motor vehicles on a voluntary basis. (e) Every insurer of passenger motor vehicles shall, upon request by the Secretary, furnish him a description of the extent to which the insurance rates or premiums charged by the insurer for passenger motor vehicles are affected by the damage susceptibility, crashworthiness, and cost of damage repair and personal injury involved relating to each of the various makes and models of passenger motor vehicles. Such insurer shall also furnish the Secretary upon request such information as may be available to such insurer reflecting the effect of the damage susceptibility, crashworthiness, and cost of damage repair and personal injury involved relating to each of the various makes and models of passenger motor vehicles upon risk incurred by insuring each such make and model. (f) The Secretary Shall not, in disseminating any information received pursuant to this section, disclose the name of, or other identifying information about, any person who may be an insured, a claimant, a passenger, an owner, a driver, an injured person, a witness, or otherwise involved in ajiy motor vehicle crash or collision unless the Secretary has the consent of the persons so named or otherwisei identified.

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(g) The information required by this section shall be furnished at such times and in such manner as the Secretary shall prescribe by regulation or otherwise. P R O H I B I T E D ACT

SEC. 206. No person shall fail or refuse (1) to furnish the Secretary with the data or information requested by him under this title, or (2) to comply with rules prescribed by the Secretary under this title. I N J U N C T IV E RELIEF

SEC. 207. Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of section 206. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and shall afford him reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. Paragraphs (3) and (4) of section 107(b) shall apply to any action under this section in the same manner as they apply to actions under section 107. CIVEL P E N A L T Y

SEC. 208. (a) Whoever violates section 206 shall be subject to a civil penalty of not to exceed $1,000 for each violation. A violation of section 206 shall constitute a separate violation with respect to each failure or refusal to comply with a requirement thereunder; except that the maximum civil penalty under this subsection shall not exceed $400,000 for any related series of violations. (b) Any civil penalty under this section may be compromised by the Secretary. I n determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. (c) Paragraphs (3) and (4) of section 107(b) shall apply to any action under this section in the same manner as they apply to actions under section 107. APPROPRIATIONS

AUTHORIZED

SEC. 209. There are hereby authorized to be appropriated to carry out the provisions of this title $3,000,000 per fiscal year for the fiscal year ending June 30, 1973, and for each of the two succeeding fiscal years. TITLE III—DIAGNOSTIC INSPECTION DEMONSTRATION PROJECTS POWERS A N D D U T I E S

SEC. 301. (a) The Secretary shall establish motor vehicle diagnostic inspection demonstration projects, inspections under which shall commence not later than January 1, 1974. (b) To carry out the program under this title, the Secretary shall—

28 USC app.

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 900 Grants to States.

Limitation.

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[86 STAT.

(1) make grants in accordance with subsection (c) and furnish technical assistance to States; and (2) consult with the Administrator of the Environmental Protection Agency. (c)(1) Any demonstration project underthis title shall be conducted by, or under supervision of, a State in accordance with the application of the State submitted under section 303, and may provide for the performance of diagnostic inspection services either by public agencies or by private organizations, but no person may perform diagnostic inspection services for profit under any such program. (2) Not less than five nor more than ten demonstration projects may be assisted by the Secretary under this title. No more than 50 per centum of the projects so assisted may permit diagnostic inspection services to be performed under the project by any person who also provides automobile repair services or who is affiliated with, controls, is controlled by, or IS under common control with, any person who provides automobile repair services. ELIGIBILITY AND CRITERIA

Safety and emission inspections.

SEC. 302. (a) A State may be eligible for grants or other assistance under this title if the Secretary determines on the basis of an application by such State that such State will undertake a motor vehicle diagnostic inspection demonstration project which meets the requirements of subsection (b) of this section. (b)(1) A motor vehicle diagnostic inspection demonstration project shall be designed, established, and operated to conduct periodic safety inspections of motor vehicles pursuant to criteria established by the Secretary by regulation and emission inspections pursuant to criteria established by flie Secretary by regulation in consultation with the Administrator of the Environmental Protection Agency. (2) Such project shall require an additional inspection of any motor vehicle subject to the demonstration project (as determined by the Secretary)— (A) whenever the title to such motor vehicle is transferred to another person unless the transfer is for the purpose of resale; and (B) whenever such motor vehicle sustains substantial damage to any safety-related or emission-related system or subsystem, as prescribed by the Secretary. (3) To the greatest extent practicable, such inspections shall be conducted so as to provide specific technical diagnoses of each motor vehicle inspected in order to facilitate correction of any component failing inspection. (4) A demonstration project shall provide for reinspection of vehicles which initially fail to meet the safety and emission standards established for the project after repair. (5) Each project shall provide to the Secretary information and data relating to the development of diagnostic testing equipment designed to maximize the interchangeability and interface capability of test equipment and vehicles, and information, and data relating to the costs and benefits of such projects, including information and data relating to vehicle-in-use standards, vehicle designs which facilitate or hinder

41-BklE \j.B-i3i'MiB oA-i,alib BHI^ itil)<u) iiurre.''

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inspection and repair, the standardization of diagnostic systems and test equipment, the capability of the motor vehicle repair industry to correct diagnosed deficiencies or malfunctions and the costs of such repairs, the relative costs and benefits of the project, the efficiency of facility designs employed^ recommendations as to feasible reject levels which may be employed, m any such project and such other information and data as the Secretary may require. APPLICATIONS AND ASSISTANCE

SEC. 303. (a) A grant or other assistance under this title may be obtained upon an application by a State at such time, in such manner, and containing such information as the Secretary prescribes, including information respecting categories of expenditures by the State from financial assistance under this title. (b) Upon the approval of any such application, the Secretary may make a grant to the State to pay each fiscal year an amount not in excess of 90 per centum of those categories of expenditures for establishing and operating its project which the Secretary approves. Federal financial assistance under this title shall not be available with respect to costs of inspections carried out after June 30, 1976, under such a project. Any equipment purchased with Federal funds may be retained by a State for its inspection activities following the demonstration project with the approval of the Secretary. Payments under this subsection may be made in advance, in installments, or by way of reimbursement. AUTHORIZATION

SEC. 304. There is authorized to be appropriated to carry out this title $15,000,000 for the fiscal year ending June 30, 1973; $25,000,000 for the fiscal year ending June 30, 1974; and $35,000,000 for the fiscal year ending June 30, 1975. Not more than 20 percent of the amount appropriated under this section for any fiscal year may be granted for projects in any one State. TITLE IV—ODOMETER REQUIREMENTS FINDINGS AND PURPOSE

SEC. 401. The Congress hereby finds that purchasers, when buying motor vehicles, rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; that an accurate indication of the mileage traveled by a motor vehicle assists the purchaser in determining its safety and reliability; and that motor vehicles move in the current of interstate and foreign commerce or affect such commerce. It is therefore the purpose of this title to prohibit tampering with odometers on motor vehicles and to establish certain safeguards for the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers. DEFINITIONS

SEC. 402. As used in this title— (1) The term "odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while

Limitation.

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in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips. (2) The term "repair and replacement" means to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative. (3) The term "transfer" means to change ownership by purchase, gift, or any other means. U N L A W F U L DEVICES

True mileage

SEC. 403. I t is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed, any device which causes an odoing^^p ^Q register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. U N L A W F U L CHANGE OF MILEAGE

SEC. 404. I t is unlawful for any person or his agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to ch ange the number of miles indicated thereon. OPERATION W I T H I N T E N T TO DEFRAUD

SEC. 405. I t is unlawful for any person with the intent to defraud to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional. CONSPIRACY

SEC. 406. No person shall conspire with any other person to violate section 403,404,405,407, or 408. L A W F U L SERVICE, REPAIR, OR REPLACEMENT

SEC. 407. Nothing in this title shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed shall be unlawful. DISCLOSURE REQUIREMENTS

SEC. 408. (a) Not later than 90 days after the date of enactment of this Act, the Secretary shall prescribe rules requiring any transferor to give the following written disclosure to the transferee in connection with the transfer of ownership of a motor vehicle: (1) Disclosure of the cumulative mileage registered on the odometer. (2) Disclosure that the actual mileage is unkown, if the odometer reading is known to the transferor to be different from the number of miles the vehicle has actually traveled.

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 2 A patch of integument with finely preserved sculpture, identical with that ascribed here to  sp. a and represented on plate 53, figures 10-12

3  cf. . Fragmentary medium sized carapace

4 Coxa, probably belonging to Hughmilleria

5 Small telson of an Erettopterus

182 B 23 has afforded a carapace showing the position of the eyes, and not distinguishable from. 182 C 4x contains:

1 . Large and small carapaces

2  cf. . Medium sized carapace

3 . Large and small carapaces

4 . Large carapace

5  cf. . Small carapace

6 Swimming leg of a Pterygotus or Hughmilleria

These faunules are so similar in their aspect and composition to that of the Shawangunk grit at Otisville, that, although they are too fragmentary for a conclusive identification, it seems proper to infer that they belong to the same or an approximate horizon. It is, therefore, of much interest that Professor van Ingen has in the Swatara Gap section obtained good evidence that these beds which also correspond to the Shawangunk grit in lithology and stratigraphy, contain marine fossils of much greater age than the Salina. Professor van Ingen states that B8x of his section carries an apparently Clinton fauna, and B19x a Rochester (or Lockport) fauna, while 182 C 4x contains  cf. Conrad. It will be noticed that the fairly good Shawangunk grit fauna, cited from B16h, comes from an horizon between these beds.

Alternative hypotheses are suggested by this recent work; either that the Shawangunk grit is older than Salina age; or in view of the vast thickness of beds of like lithologic character in central Pennsylvania containing the eurypterid fauna of Otisville aspect, these rocks may represent