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Page:United States Statutes at Large Volume 86.djvu/950

 908

Allen J. Ellender fellowships. Grants to Close Up Foundation, Washington, D.C.

Application.

Payments.

Audit.

"Secondary school."

Appropriation.

PUBLIC LAW 92-506-OCT. 19, 1972

[86

STAT.

Whereas Senator Ellender provided valuable support and encouragement to the Close ITp Foundation, a nonpartisan, nonprofit foundation pi-onioting knowledge and understanding of the Federal Government among young people and their educators; and Whereas it is a fitting and appropriate tribute to the beloved Senator Ellendei' to provide in his name an opportunity for participation, by students of limited economic means and by their teachers, in the program supported by the Close L^p Foundation: Now, therefore, be it Resolved by the Se7iate and House of Representatives of the United States of America In Congress assembled. That (a) the Commissioner of Education (hereinafter referred to as the "Commissioner") is authorized to make grants in accordance with the provisions of this joint resolution to the Close U p Foundation of Washington, District of Columbia, a nonpailisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its program of increasing understanding of the Federal Government among secondary school students, their teachers, and the communities they represent. (b) (xrants received under this joint resolution shall be used only for financial assistance to economically disadvantaged students and their teachers who participate in the program desciibed in subsection (a) of this section. Financial assistance received pursuant to this joint resolution by such students and teachers shall be known as Allen J. Ellender fellowships. SEC. 2. (a) No grant under this joint resolution may be made except upon an application at such time, in such manner, and accompanied by such information as the Commissioner may reasonably require. (b) Each such application shall contain provisions to assure— (1) that not more than one thousand five hundred fellowship grants are made to economically disadvantaged secondary school students, and to secondary school teachers, in any fiscal year; (2) that not more than one secondary school teacher in each such school participating in the program may receive a fellowship grant in any fiscal year; and (3) the proper disbursement of the funds of the United States received under this joint resolution. SEC. 3. (a) Payments under this joint resolution may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayment or overpayment. (b) The Comptroller General of the United States or any of his duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this joint resolution. SEC. 4. For the purpose of this joint resolution, the term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education beyond grade twelve. SEC. 5. There are authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1973^ and for each of the two succeeding fiscal years to carry out the provisions of this joint resolution. Approved October 19, 1972.

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Page:United States Statutes at Large Volume 86.djvu/951

 86 STAT. ]

PUBLIC LAW 92-507-OCT. 19, 1972

909

Public Law 92-507 AN ACT

ToamendtheMerchantMarineAct, 1986, asanieiuled.

October 19, 1972

—[H. R. 9756]—

Be It enacted by the Senate and House of Representat'irea of the United States of America in Congress assembled. Financing A'CT of SECTION 1. Section 1101 of the Merchant Marine Act, 1986, as 1972. amended (46 U.S.C. 1271), is amended by striking out the entire sec- g/itatVoa^s^^' tion and inserting the following: "SEC. 1101. A S used in this title— Definitions. " (a) The term 'mortgage' includes a preferred mortgage as defined Stat. in the Ship Mortgage Act, 1920, as amended, on any vessel of the 4941 _ 4 21000; Stat. _. 4 United States (other than a towboat, barge, scow, lighter, car float, 46 USC 922. canal boat, or tank vessel of less than twenty-five gross tons), and a mortgage on such a vessel which will become a preferred mortgage when recorded and endorsed as required by the Ship Mortgage Act, 1920, as amended: " (b) The term 'vessel' includes all types, whether in existence or under construction, of passenger cargo and combination passengercargo carrying vessels, tankers, tugs, towboats, barges and dredges which are or will be documented under the laws of the United States, fishing vessels whose ownership will meet the citizenship requirements for documenting vessels in the coastwise trade within the meaning of section 2 of the Shipping Act, 1916, as amended, floating drydocks 73'*sta!?597°°^' which have a capacity of thirty-five thousand or more lifting tons and 46 USC 802. a beam of one hundred and twenty-five feet or more between the wing walls and oceanographic research or instruction or pollution treatment, abatement or control vessels owned by citizens of the United States; "(c) The term 'obligation' shall mean any note, bond, debenture, or other evidence of indebtedness (exclusive of notes or other obligations •; . issued by the Secretary of Commerce pursuant to subsection (d) of section 1105 of this title and obligations eligible for investment of POS^ p. 914. funds under section 1102 and subsection (d) of section 1108 of this Pyt. pp. 910, title), issued for one of the purposes specified in subsection (a) of section 1104 of this title; P°S'. P- 9IO. " (d) The term 'obligor' shall mean any party primarily liable for payment of the principal of or interest on any obligation; (e) The term 'obligee' shall mean the holder of an obligation; • ^'^^^'i "(f) The term 'actual cost' of a vessel as of any specified date means the aggregate, as determined by the Secretary of Commerce, of (i) all amounts paid by or for the account of the obligor on or before that date, and (ii) all amounts which the obligor is then obligated to pay from time to time thereafter, for the construction, reconstruction, or reconditioning of such vessel; " (g) The term 'depreciated actual cost' of a vessel means the actual cost of the vessel depreciated on a straightline basis over the useful life of the vessel as determined by the Secretary of Commerce, not to exceed twenty-five years from the date the vessel was delivered by the shipbuilder, or, if the vessel has been reconstructed or reconditioned, the actual cost of the vessel depreciated on a straightline basis from the date the vessel was delivered by the shipbuilder to the date of such reconstruction or reconditioning on the basis of the original useful life of the vessel and from the date of such reconstruction or reconditioning on a straightline basis and on the basis of a useful life of the vessel determined by the Secretary of Commerce, plus all amounts paid or obligated to be paid for the reconstruction or reconditioning depreciated on a straightline basis and on the basis of a useful life of the vessel determined by the Secretary of Commerce; and

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


text: The Eurypterida of New York/Volume 1/Appendix


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Page:United States Statutes at Large Volume 86.djvu/952

 PUBLIC LAW 92-507-OCT. 19, 1972

910

68 Stat. 1268; 73 Stat. 269.

46 USC 1276a.

Obligations, guaranteed payment.

Security interest, conveyance.

Limitation. Infra.

Post,

p. 916.

Guarantee, validity.

Limitation.

Eligibility requirements. Supra.

[86 STAT.

" (h) The terms 'construction', 'reconstruction', or 'reconditioning' shall include, but shall not be limited to, designing, inspecting, outfitting, and equipping." SEC. 2. Section 1102 of the Merchant Marine Act, 1936 (46 U.S.C. 1272) is amended as follows: (1) By striking from the first sentence thereof the words "Federal Ship Mortgage Insurance Fund (hereinafter referred to as the f u n d) " and inserting in lieu thereof the words "Federal Ship Financing Fund (hereinafter referred to as the F u n d) ". (2) By deleting the word "fund" immediately preceding the words "the sum of $1,000,000" and inserting in lieu thereof the word "Fund". (3) By deleting the words "Section 1110 (46 U.S.C. 1279)" at the end of the first sentence thereof and inserting in lieu thereof "Section 1107 (46 U.S.C.) ". (4) By deleting the word "fund" from the last sentence thereof wherever it appears and inserting in lieu thereof the word "Fund". SEC. 3. Sections 1103 through 1109 of the Merchant Marine Act, 1936 (46 U.S.C. 1273-1278) are amended by striking such sections entirely and inserting in lieu thereof the following: "SEC. 1103. (a) The Secretary of Commerce, upon application by a citizen of the United States, is authorized to guarantee, and to enter into commitments to guarantee, the payment of the interest on, and the unpaid balance of the principal of, any obligation which is eligible to be guaranteed under this title. "(b) No obligation shall be guaranteed under this title unless the obligor conveys or agrees to convey to the Secretary of Commerce such security interest, which may include a mortgage or mortgages on a vessel or vessels^ as the Secretary of Commerce may reasonably require to protect the interests of the United States. "(c) The Secretary of Commerce shall not guarantee the principal of obligations in an amount in excess of 75 per centum, or 87VI per centum, whichever is applicable under section 1104 of this title, of the amount, as determined by the Secretary of Commerce which determination shall be conclusive, paid hj or for the account of the obligor for the construction, reconstruction, or reconditioning of a vessel or vessels with respect to which a security interest has been conveyed to the Secretary of Commerce, unless the obligor creates an escrow fund as authorized by section 1108 of this title, in which case the Secretary of Commerce may guarantee 75 per centum or 871/1 per centum, whichever is applicable under section 1104 of this title, of the actual cost of such vessel or vessels. " (d) The full faith and credit of the United States is pledged to the payment of all guarantees made under this title with respect to both principal and interest, including interest, as may be provided for in the guarantee, accruing between the date of default under a guaranteed obligation and the payment in full of the guarantee. "(e) Any guarantee, or commitment to guarantee, made by the Secretary of Commerce under this title shall be conclusive evidence of the eligibility of the obligations for such guarantee, and the validity of any guarantee, or commitment to guarantee, so made shall be incontestable. " (f) The aggregate unpaid principal amount of the obligations guaranteed under this section and outstanding at any one time shall not exceed $3,000,000,000. "SEC. 1104. (a) Pursuant to the authority granted under section 1103(a), the Secretary of Commerce, upon such terms as he shall prescribe, may guarantee or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in—

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Page:United States Statutes at Large Volume 86.djvu/953

 86 STAT. ]

911

PUBLIC LAW 92-507-OCT. 19, 1972

"(1) financing, including reimbursement of an obligor for expenditures previously made for, construction, reconstruction, or reconditioning of a vessel or vessels owned by citizens of the United States which are designed principally for research, or for commercial use (A) in the coastwise or intercoastal trade; (B) on the Great Lakes, or on bays, sounds, rivers, hitrbors, or inland lakes of the United States; (C) in foreign trade as defined in section 905 of this Act for purposes of title V of this Act; (D) in the fishing trade or industry; or (E) with respect to floating drydocks, in the construction, reconstruction, reconditioning, or repair of vessels: Provided, however. That no guarantee shall be entered into pursuant to this paragraph (a)(1) later than one year after delivery, or redelivery in the case of reconstruction or reconditioning of any such vessel unless the proceeds of the obligation are used to finance the construction, reconstruction, or reconditioning of a vessel or vessels, or facilities or equipment pertaining to marine operations; "(2) financing the purchase of vessels theretofore acquired by the Fund under the provisions of section 1105 and reconditioning and reconstructing such vessels; "(3) financing, m whole or in part, the repayment to the United States of any amount of construction-differential subsidy paid with respect to a vessel pursuant to title V of this Act, as amended; or "(4) refinancing existing obligations issued for one of the purposes specified in (1), (2), or (3) whether or not guaranteed under this title, including, but not limited to, short-term obligations incurred for the purpose of obtaining temporary funds with the view to refinancing from time to time. " (b) Obligations guaranteed under this title— "(1) shall have an obligor approved by the Secretary of Commerce as responsible and possessing the ability, experience, financial resources, and other qualifications necessary to the adequate operation and maintenance of the vessel or vessels which serve as security for the guarantee of the Secretary of Commerce; "(2) subject to the provisions of paragraph (1) of subsection (c) of this section, shall be in an aggregate principal amount which does not exceed 75 per centum of the actual cost or depreciated actual cost, as determined by the Secretary of Commerce, of the vessel which is used as security for the guarantee of the Secretary of Commerce: Provided, however, That in the case of a vessel, the size and speed of which are approved by the Secretary of Commerce, and which is or would have been eligible for mortgage aid for construction under section 509 of this Act (or would have been eligible for mortgage aid under section 509 of this Act except that the vessel was built with the aid of constructiondifferential subsidy and said subsidy has been repaid) and in respect of which t^he minimum downpayment by the mortgagor required by that section would be or would have been 121^ per centum of the cost of such vessel, such obligations may be in an amount which does not exceed 87y2 per centum of such actual cost or depreciated actual cost: Provided, further, That the obligations which relate to a barge which is constructed without the aid of construction-difTerential subsidy, or, if so subsidized, on which said subsidy has been repaid, may be in an aggregate principal amount which does not exceed 87i^ per centum of the actual cost or depreciated actual cost thereof; "(3) shall have maturity dates satisfactory to the Secretary of Commerce but, subject to the provisions of paragraph (2) of

52 Stat. 964; 84 Stat. 1034. 46 USC 1244 1151. Limitation.

Post,

p. 914.

Limitations.

^"'^' P- 528.

Maturity dates.

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Page:United States Statutes at Large Volume 86.djvu/954

 912

Standards.

46 USC 1151.

Security.

PUBLIC LAW 92-507-OCT. 19, 1972

[86

STAT.

subsection (c) of this section, not to exceed twenty-five years from the date of the delivery of the vessel which serves as security for the guarantee of the Secretary of Commerce or, if the vessel has been reconstructed or reconditioned, not to exceed the later of (i) twenty-five years from the date of delivery of the vessel and (ii) the remaining years of the useful life of the vessel as determined by the Secretary of Commerce; "(4) shall provide for payments by the obligor satisfactory to the Secretary of Commerce; "(5) shall bear interest (exclusive of charges for the guarantee and service charges, if any) at rates not to exceed such per centum per annum on the unpaid principal as the Secretary of Commerce determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Secretary of Commerce; "(6) shall provide, or a related agreement shall provide, that if the vessel used as security for the guarantee of the Secretary of Commerce is a delivered vessel, the vessel shall be in class A - 1, American Bureau of Shipping, or shall meet such other standards as may be acceptable to the Secretary of Commerce, with all required certificates, including but not limited to, marine inspection certificates of the United States Coast Guard, with all outstanding requirements and recommendations necessary for retention of class accomplished, unless the Secretary of Commerce permits a deferment of such repairs, and shall be tight, stanch, strong, and well and sufficiently tackled, appareled, furnished, and equipped, and in every respect seaworthy and in good running condition and repair, and in all respects fit for service; and "(7) may provide, or a related agreement may provide, if the vessel used as security for the guarantee of the Secretary of Commerce is a passenger vessel having the tonnage, speed, passenger accommodations and other characteristics set forth in title V of this Act, as amended, and if the Secretary of Commerce approves, that the sole recourse against the obligor by the United States for any payments under the guarantee shall be limited to repossession of the vessel and the assignment of insurance claims and that the liability of the obligor for any payments of principal and interest under the guarantee shall be satisfied and discharged by the surrender of the vessel and all right, title, and interest therein to the United States: Provided, That the vessel upon surrender shall be (i) free and clear of all liens and encumbrances whatsoever except the security interest conveyed to the Secretary of Commerce under this title, (ii) in class, and (iii) in as good order and condition, ordinary wear and tear excepted, as when acquired by the obligor, except that any deficiencies with respect to freedom from encumbrances, condition and class may, to the extent covered by valid policies of insurance, be satisfied by the assignment to the Secretary of Commerce of claims of the obligor under such policies. "(c)(1) The security for the guarantee of an obligation by the Secretary of Commerce under this title may relate to more than one vessel and m a j consist of any combination of types of security. The aggregate principal amount of obligations which have more than one vessel as security for the guarantee of the Secretary of Commerce under this title may equal, but not exceed, the sum of the principal amount of obligations permissible with respect to each vessel. "(2) If the security for the guarantee of an obligation by the Sec-

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Page:United States Statutes at Large Volume 86.djvu/955

 86 STAT. ]

PUBLIC LAW 92-507-OCT. 19, 1972

913

retary of Commerce under this title relates to more than one vessel, such obligation may have the latest maturity date permissible under subsection (b) of this section with respect to any of such vessels: Provided, That the Secretary of Commerce may require such payments of principal, prior to maturity, with respect to all related obligations as he deems necessary in order to maintain adequate security for his guarantee. " (d) No commitment to guarantee an obligation shall be made by the Fishing vesSecretary of Commerce unless he finds, at or prior to the time such *^^^" (Commitment is made, that the property or project with respect to which the obligation will be executed will be, in his opinion, economi• • cally sound and in the case of fishing vessels, that the purpose of the financing or refinancing is consistent with the wise use of the fisheries resources and with the development, advancement, management, conservation, and protection of the fisheries resources, and no obligation, unless made pursuant to a prior commitment, shall be guaranteed unless the Secretary of Commerce finds, at or prior to the time the guarantee becomes effective, that the property or project with respect to which the obligation is executed will be, in his opinion, economically sound and in the case of fishing vessels, that the purpose of the financing or refinancing is consistent with the wise use of the fisheries resources and with the development, advancement, management, conservation, and protection of the fisheries resources. "(e) The Secretary of Commerce is authorized to fix a fee for the ^^®' guarantee of an obligation under this title. If the security for the guarantee of an obligation under this title relates to a delivered vessel, such fee shall not be less than one-half of 1 per centum per annum nor more than 1 per centum per annum of the average principal amount of such obligation outstanding, excluding the average amount (except interest) on deposit in an escrow fund created under section 1108 of this Act. If the security for the guarantee of an obligation under this ^°*'' P- 9i6. title relates to a vessel to be constructed, reconstructed, or reconditioned, such fee shall not be less than one-quarter of 1 per centum per annum nor more than one-half of 1 per centum per annum of the average principal amount of such obligation outstanding, excluding the average amount (except interest) on deposit in an escrow fund created under section 1108 of this Act. For purposes of this subsection (e), if the security for the guarantee of an obligation under this title relates both to a delivered vessel or vessels and to a vessel or vessels to be constructed, reconstructed, or reconditioned, the principal amount of such obligation shall be prorated in accordance with regulations prescribed by the Secretary of Commerce. Fee payments shall be made by the r'. > d obligor to the Secretary of Commerce when moneys are first advanced under a guaranteed obligation and at least sixty days prior to each anniversary date thereafter. All fees shall be computed and shall be payable to the Secretary of Commerce under such regulations as the Secretan^ of Commerce may prescribe. "(f) The Secretary of Commerce shall charge and collect from the ^h"^apV'^^*'°"^' charges. obligor such amounts as he may deem reasonable for the investigation of applications for a guarantee, for the appraisal of properties offered as security for a guarantee, for the issuance of commitments, for services in connection with the escrow fund authorized by section 1108 and for the inspection of such properties during construction, reconstruction, or reconditioning: Provided. That such charges shall not aggregate more than one-half of 1 per centum of the original principal amount of the obligations to be guaranteed.

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Page:United States Statutes at Large Volume 86.djvu/956

 914

PUBLIC LAW 92-507-OCT. 19, 1972

[86 STAT.

" (g) All moneys received by the Secretary of Commerce under the Ante. p. 909. provisions of sections 1101-1107 of this title shall be deposited in the Fund. " (h) Obligations guaranteed under this title and agreements relating thereto shall contain such other provisions with respect to the protection of the security interests of the United States (including acceleration and subrogation provisions and the issuance of notes by the obligor to the Secretary of Commerce), liens and releases of liens, payments of taxes, and such other matters as the Secretary of Commerce may, in his discretion, prescribe. °^^^""' "SEC. 1105. (a) In the event of a default, which has continued for thirty days, in any payment by the obligor of principal or interest due under an obligation guaranteed under this title, the obligee or his agent shall have the right to demand, at or before the expiration of such period as may be specified in the guarantee or related agreements, but not later than ninety days from the date of such default, payment by the Secretary of Commerce of the unpaid principal amount of said obligation and of the unpaid interest thereon to the date of payment. Within such period as may be specified in the guarantee or related agreements, but not later than thirty days from the date of such demand, the Secretary of Commerce shall promptly pay to the obligee or his agent the unpaid principal amount of said obligation and unpaid interest thereon to the date of payment: Provided, That the Secretary of Commerce shall not be required to make such payment if prior to the expiration of said period he shall find that there was no default by the obligor in the payment of principal or interest or that such default has been remedied prior to any such demand. "(b) I n the event of a default under a mortgage, loan agreement, or other security agreement between the obligor and the Secretary of Commerce, the Secretary of Commerce may notify the obligee or his agent of such default and the obligee or his agent shall have the right to demand at or before the expiration of such period as may be specified in the guarantee or related agreements, but not later than sixty days from the date of such notice, payment by the Secretary of Commerce of the unpaid principal amount of said obligation and of the unpaid interest thereon. Within such period as may be specified in the guarantee or related agreements, but not later than thirty days from the date of such demand, the Secretary of Commerce shall promptly pay to the obligee or his agent the unpaid principal amount of said obligation and unpaid interest thereon to the date of payment. Security rights, "(^c) In the cveut of any payment by the Secretary of Commerce under subsection (a) or (b) of this section, the Secretary of Commerce shall have all rights in any security held by him relating to his guarantee of such obligations as are conferred upon him under any security agreement with the obligor. Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary of Commerce shall have the right, in his discretion, to complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, or sell any property acquired by him pursuant to a security agreement with the obligor or may place a vessel in the national defense reserve. The terms of the sale shall be as approved by the Secretary of Commerce. Cash payments. " (d) Any amount required to be paid by the Secretary of Commerce pursuant to subsection (a) or (b) of this section, shall be paid in cash. If at any time the moneys in the Fund authorized by section >infe, p. 910. 1102 of this Act are not sufficient to pay any amount the Secretary of Commerce is required to pay by subsection (a) or (b) of this section, the Secretary of Commerce is authorized to issue to the Secretary

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Page:United States Statutes at Large Volume 86.djvu/957

 86

STAT.

]

PUBLIC LAW 92-507-OCT. 19, 1972

of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of Commerce, with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations to be issued hereunder and for such purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Funds borrowed under this section shall be deposited in the Fund and redemptions of such notes and obligations shall be made by the Secretary of Commerce from such Fund. "(e) In the event of a default under any guaranteed obligation or any related agreement, the Secretary of Commerce shall take such action against the obligor or any other parties liable thereunder that, in his discretion, may be required to protect the interests of the United States. Any suit may be brought in the name of the United States or in the name of the obligee and the obligee shall make available to the United States all records and evidence necessary to prosecute any such suit. The Secretary of Commerce shall have the right, in his discretion, to accept a conveyance of title to and possession of property from the obligor or other parties liable to the Secretary of Commerce, and may purchase the property for an amount not greater than the unpaid principal amount of such obligation and interest thereon. In the event the Secretary of Commerce shall receive through the sale of property an amount of cash in excess of any payment made to an obligee under subsection (a) or (b) and the expenses of collection of such amounts, he shall pay such excess to the obligor. "SEC. 1106. Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that an obligation relating to such loan or advance of credit shall be offered to or accepted by the Secretary of Commerce to be guaranteed, or for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage relating to an obligation guaranteed by the said Secretary of Commerce, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or for the purpose of influencing in any way the action of said Secretary of Commerce under this title, makes, passes, utters, or publishes, or causes to be made, passed, uttered, or published any statement, knowing the same to be false, or alters, forges, or counterfeits, or causes or procures to be altered, forged, or counterfeited, any instrument, paper, or document, or utters, publishes, or passes as true, or causes to be uttered, published, or passed as true, any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or willfully overvalues any security, asset, or income shall be guilty of a misdemeanor and punished as provided under the first paragraph of section 806(b) of this Act." '-

'=' ^

^ '

915

interest rate.

V^ fj^ic 774'

offenses and

49 Stat. 2014. 46 USC 1228.

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Page:United States Statutes at Large Volume 86.djvu/958

 PUBLIC LAW 92-507-OCT. 19, 1972

916 Appropriations 68 Stat. 1276; 73 Stat. 269. 73 Stat. 272. 81 Stat. 580. E s c r o w fund.

Ante,

p. 910.

Ante,

p. 910.

[86

STAT.

SEC. 4. Section 1110 of the Merchant Marine Act, 1936 (46 U.S.C. 1279), is redesignated "SEC. 1107." SEC. 5. Sections 1111 through 1112 of the Merchant Marine Act, 1936 (46 U.S.C. 1279a; 1279b) are amended by striking such sections and inserting the following in lieu thereof: "SEC. 1108. (a) If the proceeds of an obligation guaranteed under this title are to be used to finance the construction, reconstruction, or reconditioning of a vessel or vessels which will serve as security for the guarantee of the Secretary of Commerce, the Secretary of Commerce is authorized to accept and hold, in escrow under an escrow agreement with the obligor, a portion of the proceeds of all obligations guaranteed under this title whose proceeds are to be so used which IS equal to: (i) the excess of the principal amount of all obligations whose proceeds are to be so used over 75 per centum, or 87i/^ per centum, whichever is applicable under section 1104 of this title, of the amount paid by or for the account of the obligor for the construction, reconstruction, or reconditioning of the vessel or vessels; (ii) with such interest thereon, if any, as the Secretary of Commerce may require: Provided, That in the event the security for the guarantee of an obligation by the Secretary of Commerce relates both to a vessel or vessels to be constructed, reconstructed or reconditioned and to a delivered vessel or vessels, the principal amount of such obligation shall be prorated for purposes of this subsection (a) under regulations prescribed by the Secretary of Commerce. " (b) The Secretary of Commerce shall, as specified in the escrow agreement, disburse the escrow fund to pay amounts the obligor is obligated to pay as interest on such obligations or for the construction, reconstruction, or reconditioning of the vessel or vessels used as security for the guarantee of the Secretary of Commerce under this title, to redeem such obligations in connection with a refinancing under paragraph (4) of subsection (a) of section 1104 or to pay to the obligor at such times as may be provided for in the escrow agreement any excess interest deposits, except that if payments become due under the guarantee prior to the termination of the escrow agreement, all amounts m the escrow fund at the time such payments become due (including realized income which has not yet been paid to the obligor) shall be aid into the Fund and (i) be credited against any amounts due or to ecome due to the Secretaryjr of Commerce from the obligor with respect to the guaranteed obligations and (ii) to the extent not so required, be paid to the obligor. "(c) If payments under the guarantee have not become due prior to the termination of the escrow agreement, any balance of the escrow fund at the time of such termination shall be disbursed to prepay the excess of the principal of all obligations whose proceeds are to oe used to finance the construction, reconstruction, or reconditioning of the vessel or vessels which serve or will serve as security for such guarantee over 75 per centum or 87V^ per centum, whichever is applicable under section 1104 of this title, of the actual cost of such vessel or vessels to the extent paid, and to pay interest on such prepaid amount of principal, and the remainder of such balance of the escrow fund shall be paid to the obligor. " (d) The Secretary of Commerce may invest and reinvest all or any part of the escrow fund in obligations of the United States with such maturities that the escrow fund will be available as required for purposes of the escrow agreement. "(e) Any income realized on the escrow fund shall, upon receipt, be paid to the obligor. ...., ,.,

E

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 86 STAT. ]

PUBLIC LAW 92-509-OCT. 19, 1972

917

"(f) The escrow agreement shall contain such other terms as the Secretary of Commerce may consider necessary to protect fully the interests of the United States. "SEC. 1109. The Secretary of Commerce is authorized and directed i^f^^J,^/ ^""^ '^^"' to make such rules and regulations as may be deemed necessary or appropriate to carry out the purposes and provisions of this title." SEC. 6. Nothing in this Act shall limit or affect the right of an i^^^^^^^^^^^^l^''^ obligor who maintains a capital reserve fund under section 607 of the "" ' ^^°^' ^' Merchant Marine Act, 1936, to make deposits of the proceeds of J^ ^*|^-1^^^guaranteed obligations into such capital reserve fund as provided in subparagraph (c) of condition (6) of section 1107 of the Merchant Marine Act, 1936, as in effect prior to the effective date of this Act. yJl^ll^*-2i^^^'' SEC. 7. Any citizen of the United States to whom the Secretary of 46 USC uVea. Commerce issued an approval in principle of an application for loan or mortgage insurance or a commitment with respect to such insurance under the provisions of title X I of the Merchant Marine Act, 1936, '*^ ^^^ ^^^*prior to the effective date of this Act may elect, with respect to the vessels covered by such approval or commitment, to be bound either by the provisions of title X I of the Merchant Marine Act, 1936. as in effect prior to the effective date of this Act or by the provisions of this Act. SEC. 8. This Act may be cited as the "Federal Ship Financing Act ^^°''^ *^*^^of 1972." Approved October 19, 1972. •^ Public Law 92-508 JOINT RESOLUTION

October 19, 1972

To authorize and request the President to proclaim the week beginning [s. j. Res. 236] October 15, 1972, as "National Drug Abuse Prevention Week". Resolved by the Senate and Hotcse of Representatives of the United States of America in Congress assembled, That in order to heighten National oing the awareness of the people of the United States with regard to the J^"^^ Prevention national threat of drug abuse, and to provide an opportunity for a Designation period of special emphasis on this problem, the President is authorized authorization. and requested to issue a proclamation designating the week beginning October 15, 1972, as "National Drug Abuse Prevention Week", and / calling upon the people of the United States and interested groups and orgamzations to observe such period with appropriate ceremonies and activities. Approved October 19, 1972. Public Law 92-509 JOINT RESOLUTION

October 19, 1972

To designate the week which begins on the first Sunday in March 1973 as [s. j. Res.2 i] "National Beta Club Week". Resoloed by the Senate and Home of Representatives of the United States of America m Congress assembled, That the President is National Beta authorized and requested to issue a proclamation designating the ^^pesTgni'tion week which begins on the first Sunday in March 1973 as "National authorization. Beta Club Week", to recognize the National Beta Club for its dedication to the positive accomplishments of American youth and to encourage the furthering of its goals to promote honesty, service, and leadership among the higli scliool students in America. Approved October 19, 1972.

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Page:United States Statutes at Large Volume 86.djvu/960

 918

PUBLIC LAW 92-510-OCT. 19, 1972

[86 STAT.

Public Law 92-510 October 19, 1972 [H. R. 10655]

L a s s e n Volcanic Wilderness. Designation.

Map and description, filing with congressional committees.

Administration.

78 Stat. 8 9 0. 16 USC 1131 note.

Reclamation projects, authorization removal.

AN ACT To designate certain lands in the Lassen Volcanic National Park, California, as wilderness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 3(c) of the Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c)), certain lands in the Lassen Volcanic National Park, which comprise, about seventy-eight thousand nine hundred and eighty-two acre^, and which are depicted on the map entitled "Eecommended Wilderness, Lassen Volcanic National Park, California" numbered NP-LV-9013C and dated August 1972, are hereby designated as wilderness. The map and the description of the boundaries of such lands shall be on file and available for public inspection in the offices of the National P a r k Service, Department of the Interior. SEC. 2. As soon as practicable after this Act takes effect, a map of the wilderness area and a description of its boundaries shall be filed with the Interior and Insular Affairs Committee of the United States Senate and House of Representatives, and such m a p and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made. SEC. 3. The wilderness area designated by this Act shall be known as the "Lassen Volcanic Wilderness" and shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act, and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. SEC. 4. Section 1 of the Act of August 9, 1916 (39 Stat. 443; 16 U.S.C. 201) is amended by deleting the words "that the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project" and the semicolon appearing thereafter. Approved October 19, 1972. Public Law 92-511

October 20, 1972 [H. J. R e s. 984]

International 'Protection of Industrial Property, Name change. 22 USC 269f.
 * Bureau for the

21 UST 1583.

JOINT RESOLUTION To amend the joint resolution providing for United States participation in the International Bureau for the Protection of Industrial Property.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembted, That the joint resolution of July 12, 1960 (74 Stat. 381), as amended by the joint resolution of July 19, 1963 (77 Stat. 82) is hereby further amended by (1) striking out the words "International Bureau for the Protection of Industrial Property" and inserting in lieu thereof the words "International Bureau of Intellectual Property", and (2) in subsection (b) thereof, deleting the phrase ", not to exceed $15,000 annually," and the word "thereafter" and inserting after the word "bureau" the phrase "as determined under article 16(4) of the Paris Convention for the Protection of Industrial Property, as revised, except that in no event shall the payment for any year exceed 4.5 per centum of all expenses of the bureau apportioned among countries for that year". Approved October 20, 1972.

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100 If these foolish persons have one jot of sense, it will be easy to convince them with a single word. One hundred and twenty-four thousand prophets more or less, the whole multitude of the saints and all the learned doctors of the law have faithfully followed the Holy Law, have been diligent in their devotions, and with prudent anxiety and dread about the future state, they have endured much pain and suffering. And how does it happen that you, who are so ignorant and stupid, have found out that they were mistaken and in error? What should lead you to prefer your baseless and corrupt fancies to their knowledge and science, and to say that the spirit has no real existence and that it does not continue to live after death? Perhaps you do not even admit that there is any material punishment. Truly the health of your moral being is so corrupted and depraved, that there is no cure for you; you belong to that class of whom God says in his holy word: "Even, when thou shalt call them into the right path, they will never follow in it."

If one of these men should, however, reply: "Indeed I do not know for a certainty, but why should I on account of an uncertainty, pass my precious life in devotional austerities, and forbid myself the delights and pleasures of the world?" We observe in return. According to your principles, the probabilities are balanced as to whether the events spoken of as belonging to the future world will or will not happen. It follows then as a most rational conclusion, that you ought to act in the same way you would do, if you wished to preserve yourself from a great risk and danger. For, if these events should take place, you may thereby be saved from intense torment and obtain eternal felicity; whereas, if they should not occur, you will have suffered no injury from your precautions. We

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Page:United States Statutes at Large Volume 86.djvu/961

 86 STAT.]

PUBLIC LAW 9 2 - 5 1 2 - O C T. 20, 1972

919

Public Law 92-512 AN ACT

October 20, 1972

To provide fiscal assistance to State and local governments, to authorize Federal — [ H. R. 1 4 3 7 0 ] — collection o£ State individual income taxes, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the Federal State revenue sharing.

TITLE I—FISCAL ASSISTANCE TO STATE A N D LOCAL GOVERNMENTS Subtitle A—Allocation and Payment of Funds SEC. 101. SHORT TITLE. Citation of This title may be cited as the "State and Local Fiscal Assistance Act title. of 1972". SEC. 102. PAYMENTS TO STATE AND LOCAL GOVERNMENTS. Except as otherwise provided in this title, the Secretary shall, for each entitlement period, pay out of the Trust Fund to— (1) each State government a total amount equal to the entitlement of such State government determined under section 107 for such period, and (2) each unit of local government a total amount equal to the entitlement of such unit determined under section 108 for such period. I n the case of entitlement periods ending after the date of the enactment of this Act, such payments shall be made in installments, but not less often than once for each quarter, and, in the case of quarters ending after September 80, 1972, shall be paid not later than 5 days after the close of each quarter. Such payments for any entitlement period may be initially made on the basis of estimates. Proper adjustment shall be made in the amount of any payment to a State government or a unit of local government to the extent that the payments previously made to such government under this subtitle were in excess of or less than the amounts required to be paid. SEC. 103. USE OF FUNDS BY LOCAL GOVERNMENTS FOR PRIORITY «^ ^ EXPENDITURES. (a) IN GENERAL.—Funds received by units of local government under this subtitle may be used only for priority expenditures. For expenditures. purposes of this title, the term "priority expenditures^' means only— (1) ordinary and necessary maintenance and operating expenses for— (A) public safety (including law enforcement, fire protection, and building code enforcement), (B) environmental protection (including sewage disposal, sanitation, and pollution abatement), (C) public transportation (including transit systems and streets and roads), (D} health, (E) recreation, (F) libraries, (G) social services for the poor or aged, and (H) financial administration; and (2) ordinary and necessary capital expenditures authorized by law. (b) CERTIFICATES

BY LOCAL

GOVERNMENTS.—The

Secretary is

authorized to accept a certification by the chief executive officer of a unit of local government that the unit of local government has used 82-081 O - 73 - 61

-

^

>

\

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Page:United States Statutes at Large Volume 86.djvu/962

 ^^0

PUBLIC LAW 92-512-OCT. 20, 1972

" ^^)" ! ' * """""'" • "'

[86 STAT.

the funds received by it under this subtitle for an entitlement period only for priority expenditures, unless he determines that such certification is not sufficiently reliable to enable him to carry out his duties under this title. SEC. 104. PROHIBITION ON USE AS MATCHING FUNDS BY STATE OR LOCAL GOVERNMENTS.

(a) IN GENERAL.—No State government or unit of local government .g';fi ':..". jjjg^y ygg^ dlrectly or indirectly, any part of the funds it receives under this subtitle as a contribution for the purpose of obtaining Federal funds under any law of the United States which requires such ^ v e r n ment to make a contribution in order to receive Federal funds. (b) DETERMINATIONS BY SECRETARY or THE TREASURY.—If the Secretary has reason to believe that a State government or unit of local government has used funds received under this subtitle in violation of ' ' ' 'LTj;; subsection (a), he shall give reasonable notice and opportunity for hearing to such government. If, thereafter, the Secretary of the Treasury determines that such government has used funds m violation of subsection (a), he shall notify such government of his determination, and shall request repayment to the United States of an amount equal to the funds so used. To the extent that such government fails to repay such amount, the Secretary shall withhold from subsequent payments to such government under th's subtitle an amount equal to the funds so used. (c) INCREASED STATE OR LOCAL GOVERNMENT REVENUES.—No State government or unit of local government shall be determined to have used funds in violation of subsection (a) with respect to any funds ^ received for any entitlement period to the extent that the net revenues received by it from its own sources during such period exceed the net revenues received by it from its own sources during the one-year period beginning July 1, 1971 (or one-half of such net revenues, in the case of an entitlement period of 6 months). (d) DEPOSITS AND TRANSFERS TO GENERAL FUND.—Any amount repaid by a State government or unit of local government under subsection (b) shall be deposited in the general fund of the Treasury. An amount equal to the reduction in payments to any State government or unit of local government which results from the application of this secPost, p. 935. ^JQj^ (after any judicial review under section 143) shall be transferred from the Trust Fund to the general fund of the Treasury on the day . ,^ ^ on which such reduction becomes final. 'v?3-u.i;uvj'p:

(e) CERTIFICATES BY STATE AND IX>CAL GOVERNMENTS.—The Secre-

tary is authorized to accept a certification by the Governor of a Stat« or the chief executive officer of a unit of local government that the State government or unit of local government has not used any funds received by it under this subtitle for an entitlement period in violation of subsection (a), unless he detennines that such certification is not snfficiently reliable to enable him to carry out his duties under this title. SEC. 105. CREATION OF TRUST FUND; APPROPRIATIONS. (a) TRUST F U N D. —

(1) IN GENERAL.—There is hereby established on the books of the Treasury of the United States a trust fund to be known as the "State and Local Government Fiscal Assistance Trust F u n d " (referred to in this subtitle as the "Trust F u n d "). The Trust F u n d ^^; shall remain availa)ble without fiscal year limitation and shall con" sist of such amounts as may be appropriated to it and deposited
 * , in it as provided in subsection (b). Except as provided in this title,

i-* - Rt ~ o

im-m

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Page:United States Statutes at Large Volume 86.djvu/963

 86 STAT.]

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

amounts in the Trust F u n d may be used only for the payments to State and local governments provided by this subtitle. (2) TRUSTEE.—The Secretary of the Treasury shall be the ^^^P°^*^*° trustee of the Trust F u n d and shall report to the Congress not Congress. later than March 1 of each year on the operation and status of the Trust F u n d during the preceding fiscal year. (b)

APPROPRIATIONS.—

(1) IN GENERAL.—There is appropriated to the Trust Fund, out of amounts in the general fund of the Treasury attributaible to the collections of the Federal individual income taxes not otherwise appropriated— (A) for the period beginning January 1, 1972, and ending June 30, 1972, $2,650,000,000; •-•'"^i ' (B) for the period beginning July 1, 1972, and ending December 31, 1972, $2,650,000,000; (C) for the period beginning January 1, 1973, and ending June 30, 1973, $2,987,500,000; \"''i (D) for the fiscal year beginning July 1, 1973, $6,050,000,000; '"• •• (E) for the fiscal year beginning July 1, 1974, $6,200,000,000; •,iO^~:''r (F) for the fiscal year beginning July 1, 1975, $6,350,000,000; and .f.M<" ^ (G) for the period beginning July 1, 1976, and ending =;T, December 31, 1976, $3,325,000,000. (2)

NONCONTIGUOUS STATES ADJUSTMENT AMOUNTS.—There is

appropriated to the Trust Fund, out of amounts in the general fund of the Treasury attributable to the collections of the Federal individual income taxes not otherwise appropriated— (A) for the period beginning January 1, 1972, and ending June 30, 1972, $2,390,000; (B) for the period beginning July 1, 1972, and ending December 31, 1972^ $2,390,000; > (C) for the period beginning January 1, 1973, and ending June 30, 1973, $2,390,000; (D) for each of the fiscal years beginning July 1, 1973, July 1, 1974, and July 1, 1975, $4,780,000; and (iE) for the period beginning July 1, 1976, and ending December 31, 1976, $2,390,000. (3) DEPOSITS.—Amounts appropriated by paragraph (1) or (2) for any fiscal year or other period shall be deposited in the Trust Fund on the later of (A) the first day of such year or period, or (B) the day after the date of enactment of this Act. (c) TRANSFERS FROM TRUST F U N D TO GENERAL F U N D. — The Secretary shall from time to time transfer from the Trust Fund to the general fund of the Treasury any moneys in the Trust F u n d which he determines will not be needed to make payments to State governments and units of local government under this subtitle. SEC. 106. ALLOCATION AMONG STATES.

(a) IN GENERAL.—There shall be allocated to each State for each entitlement period, out of amounts appropriated under section 105(b) (1) for that entitlement period, an amount which bears the same ratio to the amount appropriated under that section for that period as the amount allocable to that State under subsection (b) bears to the sum of the amounts allocable to all States under subsection (b). (b) DETERMINATION OF ALLOCABLE A M O U N T. —

921

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Page:United States Statutes at Large Volume 86.djvu/964

 PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

(1) I x OENEKAL.—P^or piirposes of subsection (a), the ainoimt allocable to a State under this subsection for any entitlement period shall be determined under paragraph (2), except that such amount shall be determined under paragraph (8) if the amount allocable to it under paragraph (3) is greater than the sum of the amounts allocable to it under paragraph (2) and subsection (c). (2) THREE FACTOR FORMULA.—For purposes of paragraph (1),

the amount allocable to a State under this paragraph for any entitlement period is the amount which bears the same ratio to $5,30,{), as— (A) the population of that State, multiplied by the general tax eirort factor of that State, multiplied by the relative income factor of that State, bears to (B) the sum of the products determined under subparagraph (A) for all States. (8) FIVE FACTOR FORMULA.—For purposes of paragraph (1), the

amount allocable to a State under this paragraph for any entitlement period is the amount to which that State Avoiild be entitled

if— .:: r.'::-M.'

(A) 1/3 of $8,50,0UO,(were allocated among the States on the basis of population, (B) 1/3 of $3,500,00,00 were allocated among the States on the basis of urbanized population, (<^') V3 of $3,50,00,000 were allocated among the States on the basis of population inversely weighted for per capita income, (D) 1/2 of $1,8,0(X),00 were allocated among the States on the basis of income tax collections, and (E) 1/^ of $1,800,000,000 were allocated among the States on the basis of general tax effort.

(c) \XCONTIGUOUS STATES ADJUSTMENT.—

80 Stat. 512.

(1) I x GEXERAL.—In addition to amounts allocated among the States under subsection (a), there shall be allocated for each entitlement period, out of amounts appropriated under section 105(b)(2), an additional amount to any State (A) whose allocation under subsection (b) is determined by the formula set forth in paragraph (2) of that subsection and (B) in which civilian employees of the United States Government receive an allowance ,„j^jgj. section 5941 of title 5, United States Code. (2) DETERMINATION^ OF AMOUNT.—The additional amount allocable to any State under this subsection for any entitlement period is an amount equal to a percentage of the amount allocable to that State under subsection (b)(2) for that period which is the same as the percentage of basic pay received by such employees stationed in that State as an allowance under such section 5941. I f the total amount appropriated under section 105(b)(2) for any entitlement period is not sufficient to pay in full the additional sunounts allocable under this subsection for that period, the Secretary shall reduce proportionately the amounts so allocable. SEC. 107. ENTITLEMENTS OF STATE GOVERNMENTS. (a)

Divisiox BETWEEN STATE AND LOCAL GOVERNMENTS.—The

State government shall be entitled to receive one-third of the amount allocated to that State for each entitlement period. The remaining portion of each State's allocation shall be allocated among the units of local government of that State as provided in section 108. (b) STATE MUST MAINTAIN TRANSFERS TO LOCAL GOVERNMENTS.—

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Page:United States Statutes at Large Volume 86.djvu/965

 86 STAT. ]

PUBLIC LAW 92-512-OCT. 20, 1972

(1) GENERAL RULE.—The entitlement of any State government for any entitlement period beginning on or after July 1, 107'>, shallbereducedby theamomit (if any) by which— (A) the average of the aggregate amounts transferred by the State government (out of its ov^^n sources) during such period and the preceding entitlement period to all units of local government in such State, is less than, (B) the similar aggregate amount for the one-year period beginning July 1, 1971. For purposes of subparagraph (A), the amount of any reduction in the entitlement of a State government under this subsection for any entitlement period shall, for subsequent entitlement periods, be treated as an amount transferred by the State government (out of its own sources) during such period to units of local government in such State. (2) ADJUSTMENT WHERE STATE ASSUMES RESPONsiBiLrrr FOR CATEGORY or EXPENDITURES.—If the State government establishes

to the satisfaction of the Secretary that since June 30, 1972, it has assumed responsibility for a category of expenditures which (before July 1, 1972) Avas the responsibility of local governments located in such State, then, under regulations prescribed by the Secretary, the aggregate amount taken into account under paragraph (1)(B) shall be reduced to the extent that increased State government spending (out of its own sources) for such category has replaced corresponding amounts which for the one-year period beginning July 1, 1971, it transferred to units of local government. (3) ADJUSTMENT WHERE NEW TAXING POWERS ARE CONFERRED

UPON LOCAL GOVERNMENTS.—If a State establishes to the satisfac-

tion of the Secretary that since June 30, 1972, one or more units of local government within such State have had conferred upon them new taxing authority, then, under regulations prescribed by the Secretary, the aggregate amount taken into account under paragraph (1)(B) shall be reduced to the extent of the larger of— (A) an amount equal to the amount of the taxes collected by reason of the exercise of such new taxing authority by such local governments, or (B) an amount equal to the amount of the loss of revenue to the State by reason of such new taxing authority being conferred on such local governments. No amount shall be taken into consideration under subparagraph (A) if such new taxing authority is an increase in the authorized rate of tax under a previously authorized kind of tax, unless the State is determined by the Secretary to have dexjreased a related State tax. (4) SPECIAL RULE FOR PERIOD BEGINNING JULY i, 1973.—In the case of the entitlement period beginning July 1, 1973, the preceding entitlement period for purposes of paragraph (1)(A) shall be treated as being the one-year period beginning July 1, 1972. (5) SPECIAL RUIJ<: FOR PERIOD BEGINNING JULY 1, lOTfi.—In the

case of the entitlement period beginning July 1, 1976, and ending December 31, 1976, the aggregate amount taken into account under paragraph (1)(A) for the preceding entitlement period and the aggregate amount taken into account under paragraph (1) (B) shall be one-half of the amounts which (but for this paragraph) would be taken into account.

923

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Page:United States Statutes at Large Volume 86.djvu/966

 m»

PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

1

Post. p. 935.

(H) REDUCTION IN ENTITLEMENT.—If the Secretary has reason to believe that paragraph (1) requires a reduction in the entitlement of any State government for any entitlement period, he shall give reasonable notice and opportunity for hearing to the State. If. thereafter, he determines that paragraph (1) rex:]uires the reduction of such entitlement, he shall also determine the amount of such reduction and shall notify the Governor of such State of such determinations and shall withhold from subsequent payments to such State government under this subtitle an amount equal to such reduction. (7) TRANSFER TO (iENERAL FUND.—An amount equal to the reduction in the entitlement of any State government which results from the application of this subsection (after any judicial review under section 143) shall be transferred from the Trust Fund to the general fund of the Treasury on the day on which such reduction becomes final. SEC. 108. ENTITLEMENTS OF LOCAL GOVERNMENTS. (a) ALLOCATION AMONG COUNTY AREAS.—The amount to be allocated to the units of local government within a State for any entitlement period shall be allocated among the county areas located in that State so that each county area will receive an amount which bears the same ratio to the total amount to be allocated to the units of local ir«)vernment within that State as— (1) the population of that county area, multiplied by the general tax effort factor of that county area, multiplied by the relative income factor of that county area, bears to (2) the sum of the products determined under paragraph (1) for all county areas within that State. (b) ALLOCATION TO COUNTY (TOVERNMENTS, MUNICIPALITIES, TOWNSHIPS, E T C. —

(1) CouNTT GOVERNMENTS.—The county government shall be allocated that portion of the amount allocated to the county area for the entitlement period under subsection (a) which bears the same ratio to such amount as the adjusted taxes of the county government bear to the adjusted taxes of the county government ' and all other units of local government located in the county area. (2) OTHER UNITS OF LOCAL GOVERNMENT.—The amount remain-

itfi ],jg ffyj. allocation within a county area after the application of a/if paragraph (1) shall be allocated among the units of local government (other than the county government and other than township governments) located in that county area so that each unit of local government will receive an amount which bears the same ratio to the total amount to be allocated to all such units as— (A) the population of that local government, multiplied by the general tax effort factor of that local government, multiplied by the relative income factor of that local government, bears to (B) the sum of the products determined under subparagraph (A) for all such units. (3) TOWNSHIP GOVERNMENTS.—If the county area includes one ov more township governments, then before applying paragraph ' ' * '

(A) there shall be set aside for allocation under subparagraph (B) to such township governments that portion of the amount allocated to the county area for the entitlement period which bears the same ratio to such amount as the sum

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Page:United States Statutes at Large Volume 86.djvu/967

 86 STAT.]

''

PUBLIC LAW 9 2-51 2 - O C T. 20, 1972

,

of the adjusted taxes of all such township governments bears to the aggregate adjusted taxes of the county government, such township governments, and all other units of local gov. ernment located in the county area, and (B) that portion of each amount set aside under subparagraph (A) shall be allocated to each township government on the same basis as amounts are allocated to units of local government under paragraph (2). If this paragraph applies with respect to any county area for any entitlement period, the remaining portion allocated under paragraph (2) to the units of local government located in the county area (other than the county government and the township governments) shall be appropriately reduced to reflect the amounts set aside under subparagraph (A).

^

(4) I N D I A N TRIBES AND A L A S K A N NATIVE VILLAGES.—If w i t h i n a

^

county area there is an Indian tribe or Alaskan native village which has a recognized governing body which performs substantial governmental functions, then before applying paragraph (1) there shall be allocated to such tribe or village a portion of the amount allocated to the county area for the entitlement period which bears the same ratio to such amount as the population of that tribe or village within that county area bears to the population of that county area. If this paragraph applies with respect to any county area for any entitlement period, the amount to be allocated under paragraph (1) shall be appropriately reduced to reflect the amount allocated under the preceding sentence. If the entitlement of any such tribe or village is waived for any entitlement period by the governing body of that tribe or village, then the provisions of this paragraph shall not apply with respect to the amount of such entitlement for such period. (5) RULE FOR SMALL UNITS OF GOVERNMENT.—If the Secretary

determines that in any county area the data available for any entitlement period are not adequate for the application of the formulas set forth in paragraphs (2) and (3)(B) with respect to units of local government (other than a county government) with a population below a number (not more than 500) prescribed for that county area by the Secretary, he may apply paragraph (2) or (3)(B) by allocating for such entitlement period to each such unit located in that county area an amount which bears the same ratio to the total amount to be allocated under paragraph (2) or (3)(B) for such entitlement period as the population of such Tuiit bears to the population of all units of local government in that county area to which allocations are made under such paragraph. If the preceding sentence applies with respect to any county area, the total amount to be allocated under paragraph (2) or (3)(B) to other units of local government in that county area for the entitlement period shall be appropriately reduced to reflect the amounts allocated under the preceding sentence. (6) ENTITLEMENT.—

^ *'

(A) IN GENERAL.—Except as otherwise provided in this paragraph, the entitlement of any unit of local government for any entitlement period shall be the amount allocated to such unit under this subsection (after taking into account any applicable modification under subsection (c)). (B) MAXIMUM AND MINIMUM PER CAPITA ENITTLEMENT.—

Subject to the provisions of subparagraphs (C) and (D), the per capita amount allocated to any county area or any unit of local government (other than a county government) within a

925

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Page:United States Statutes at Large Volume 86.djvu/968

 ^6

PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

State under this section for any entitlement period shall not be less than 20 percent, nor more than 145 percent, of twothirds of the amount allocated to the State under section 106, divided by the population of that State. (C) LIMITATION.—The amount allocated to any unit of local government under this section for any entitlement period shall not exceed 50 percent of the sum of (i) such government's adjusted taxes, and (ii) the intergovernmental transfers of revenue to such government (other than transfers to such government under this subtitle). (D) ENTITLEMENT LESS THAN $200, OR GOVERNING BODY WAIVES ENTITLEMENT.—If (but for this subparagraph) the entitlement of any unit of local government below the level of the county government— (i) would be less than $200 for any entitlement period ($100 for an entitlement period of 6 months), or (ii) is waived for any entitlement period by the governing body of such unit, then the amount of such entitlement for such period shall (in lieu of being paid to such unit) be added to, and shall become a part of, the entitlement for such period of the county government of the county area in which such unit is located.

1;,

(7) ADJUSTMENTo r ENTITLEMENT.—

(A) IN GENERAL.—In adjusting the allocation of any county area or unit of local government, the Secretary shall make any adjustment required under paragraph (6)(B) first, any adustment required under paragraph (6)(C) next, and any adjustment required under paragraph (6)(D) last. (B) ADJUSTMENT FOR APPLICATION OF MAXIMUM OR MINIMUM PER CAPITA ENTITLEMENT.—The Secretary shall adjust the alloca-

tions made under this section to county areas or to units of local governments in any State in order to bring those allocations into compliance with the provisions of paragraph (6)(B). In making such adjustments he shall make any necessary adjustments with respect to county areas before making any necessary adjustments with respect to units of local government. (C) ADJUSTMENT FOR APPLICATION OF LIMITATION.—In any case in which the amount allocated to a unit of local government is reduced under paragraph (6)(C) by the Secretary, the amount of that reduction— (i) in the case of a unit of local government (other than a county government), shall be added to and increase the allocation of the county government of the county area in which it is located, unless (on account of the application of paragraph (6)) that county government may not receive it, in which case the amount of the reduction shall be added to and increase the entitlement of the State government of the State in which that unit of local government is located; and (ii) in the case of a county government, shall be added to and increase the entitlement of the State government of the State in which it is located, (c)

SPECIAL ALLOCATION RULES.— (1) OPTIONAL FORMULA.—A State

may by law provide for the allocation of funds among county areas, or among units of local government (other than county governments), on the basis of the population multiplied by the general tax effort factors of such areas or units of local government, on the basis of the population

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Page:United States Statutes at Large Volume 86.djvu/969

 86 S T A T. ]

PUBLIC LAW 9 2 - 5 1 2 - O C T. 20, 1972

multiplied by the relative income factors of such areas or units of local government, or on the basis of a combination of those two factors. Any State which provides by law for such a variation in the allocation formula provided by subsection (a), or by paragraphs (2) and (3) of subsection (b), shall notify the Secretary of such law not later than 30 days before the beginning of the first entitlement period to which such law is to apply. Any such law shall— (A) provide for allocating 100 percent of the aggregate amount to be allocated under subsection (a), or under paragraphs (2) and (3) of subsection (b); a; . „ (B) apply uniformly throughout the State; and (C) apply during the period beginning on the first day of i<, } the first entitlement period to which it applies and ending on December 31, 1976. (2) CERTIFICATION.—Paragraph (1) shall apply within a State only if the Secretary certifies that the State law complies with the requirements of such paragraph. The Secretary sihall not certify any such law with respect to which he receives notification later than 30 days prior to the first entitlement period during which it is to apply, (d) GOVERNMENTAL DEFINITIONS AND RELATED RULES.—For purposes of this title— (1) U N I T S or LOCAL GOVERNMENT.—The term "unit of local government" means the government of a county, municipality, township, or other unit of government below the State which is a unit of general government (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes). Such term also means, except for purposes of paragraphs (1), (2), (3), (5), (6)(C), and (6)(D) of subsection (b), and, except for purposes of subsection (c), the recognized governing body of an Indian tribe or Alaskan native village which performs substantial governmental functions. (2) CERTAIN AREAS TREATED AS COUNTIES.—In any State in which any unit of local government (other than a county government) constitutes the next level of government below the State government level, then, except as provided in the next sentence, the geographic area of such unit of government shall be ti-eated as a county area (and such unit of government shall be treated as a county government) with respect to that portion of the State's geographic area. I n any State in which any county area is not governed by a county government but contains two or more units of local government, such units shall not be treated as county governments and the geographic areas of such units shall not be treated as county areas. (3) TOWNSHIPS.—The term "township" includes equivalent subdivisions of government having different designations (such as "towais"), and shall be determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes. (4) U N I T S OF LOCAL GOVERNMENT LOCATED I N LUVRGI<:R ENTITY.—A

unit of local government shall be treated as located in a larger entity if part or all of its geographic area is located in the larger entity. (5) O N L Y PART or UNIT LOCATED IN LARGER ENTITY.—If ouly part of a unit of local government is located in a larger entity, such part, shall be treated for allocation purposes as a separate unit of

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 PUBLIC LAW 9 2 - 5 1 2 - O C T. 20, 1972

[86 S T A T.

local goveriimeiit, and a l l c o m p u t a t i o n s s h a l l, except a s otherwise provided i n r e g u l a t i o n s, be m a d e o n the basis of the r a t i o which the estimated p o p u l a t i o n of such p a i t b e a r s to the p o p u l a t i o n of the e n t i r e t y of such unit. (6) BOUNDARY CHANGES, GOVERNMENTAL REORGANIZATION, E T C. —

If, by reason of b o u n d a r y line c h a n g e s, by reason of States t a t u to r y o r constitutional c h a n g e s, by reason of a n n e x a t i o n s o r other government a l reorganizations, o r by reason of other circumi*. stances, the application of any p r o v i s i o n of t h i s section to u n i t s of r, local government does not c a r r y o u t the purposes of t h i s subtitle, the application of such provisions h a l l b e m a d e, under r e g u l a t i o n s prescribed by the Secretary, i n a m a n n e r which is consistent w i t h such purposes. SEC. 109. DEFINITIONS AND SPECIAL RULES FOR APPLICATION OF ALLOCATION FORMULAS. (a) IN GENERAL.—For purposes of t h i s s u b title — (1) P O P U L A T I O N. — P o p u l a t i o n s h a l l b e determined o n the s a m e basis a s resident p o p u l a t i o n i s determined by the B u r e a u of the • ii ( V n s u s for g e n e r a l statistical purposes. 1

(2)

URBANIZED

POPULATION.—Urbanized

population

means

the p o p u l a t i o n of any ar'ea consisting of a c e n t r a l city or- cities of -I 50,000 o r more i n h a b i t a n t s ( and of the s u r r o u n d i n g dlosely settled teri-itoiy for such city o r cities) which i s t r e a t e d a s a n urban i z e d ar-ea by the B u r e a u of the Census for g e n e r a l statistical purposes. (8) I N C O M E. — I n c o m e means to t a l money income received from all sources, as determined by the B u r e a u of the Census for g e n e r a l s statistical purposes. s (4) PERSONAL I N C O M E. — P e r s o n a l income means the income of i? i n d i v i d u a l s, a s determined by the Department of Commerce for national income accounts purposes. (5)

F^

DATES

FOR DETERMINING

ALLOCATIONS

AND

ENTITLE-

M E N T S. — E x c e p t a s provided i n r e g u l a t i o n s, the determination of allocations and entitlements for any entitlement period s h a l l b e m a d e a s of the first d a y of the t h i r d month i m m e d i a t e l y preceding the b e g i n n i n g of such period. (6)

INTERGOVERNMENTAL

TRANSFERS.—The

intergovernmental

transfers of revenue to any government ar-e the a m o u n t s of revenue received by that government from other g o v e r i i m e n t s a s a s h a r e i n Hnancing ( o r as i*eimbur-sement for) the per-formance of g o v e r n mental functions, as determined by the B u r e a u of the Census for general statistical purposes. (7)

3ii

D A T A U S E D; UNIFORM I T Y OF DATA.— (A) GENERAL RULE. — E x c e p t as provided i n subparagraph

\*

(B), the d a t a used shall be the m o s t recently available d a t a provided by the B u r e a u of the ( V n s u s or- the D e p a i t r n e n t of Commerce, a s the case may be.

•'

(B) U S E OF ESTIMATES, ETC.—Wher-e the Secretary detei--

i Si I. ^ (b)

mines that the d a t a r e f e r r e d to in subparagraph (A) are not c u r r v n t e n o u g h o r ar-e not compr-ehensive e n o u g h to p r o v i d e for equitable allocations, h e may use s u c h a d d i t i o n a l d a t a ( i n c l u d i n g d a t a based on estimates) as may be provided for in regulations. I N C O M E T A X A M O I N T OF STATES. — For - pur[X)ses of t h i s s u b -

title—

'i

(1) IN GENERAL. — The income tax a m o u n t of any State for any entitlement period is the income tax a m o u n t of such State a s determined under paragraph s (-2) and (3). -^ '«nr • n.j

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PUBLIC LAW 92-512-OCT. 20, 1972

(2) INCOME TAX AMOUNT.—The income tax amount of any State for any entitlement period is 15 percent of the net amount collected from the State individual income tax of such State during 1972 or (if later) during the last calendar year ending before the beginning of such entitlement period. (3) CEILING AND FLOOR.—The income tax amount of any State for any entitlement period— (A) shall not exceed 6 percent, and (B) shall not be less than 1 percent, of the Federal individual income tax liabilities attributed to such State for taxable years ending during 1971 or (if later) during the last calendar year ending before the beginning of such entitlement period. (4) STATE INDIVIDUAL INCOME TAX.—The individual income tax of any State is the tax imposed upon the income of individuals by such State and described as a State income tax under section 164(a)(3) of the Internal Revenue Code of 1954. (5) FEDERAL INDIVIDUAL INCOME TAX LIABILITIES.—Federal individual income tax liabilities attributed to any State for- any period shall be determined on the same basis as such liabilities are determined for such period by the Internal Revenue Service for general statistical purposes.

929

,. ^

78 stau 40.

(c) GENERAL TAX EFFORT or STATES.—

(1) IN GENERAL.—For purposes of this Subtitle— (A) GENERAL TAX EFFORT FACTOR.—The general tax effort factor of any State for any entitlement period is (i) the net • s'-amount collected from the State and local taxes of such State during the most recent reporting year, divided by (ii) the • ' aggregate personal income (as defined in paragraph (4) of ' subsection (a)) attributed to such State for the same period. (B) GENEILVL TAX EFFORT AMOUNT.—The general tax eifort '-'•--, amount of any State for any entitlement period is the amount determined by multiplying— (i) the net amount collected from the State and local taxes of such State during the most recent reporting year, by ^* (ii) the general tax eifort factor of that State. (2) S T A T E A N D LOCAL TAXES.— (A) TAXES TAKEN INTO ACCOUNT.—The State and local

' '' •

iv -

taxes taken into account under paragraph (1) are the compulsory contributions exacted by the State (or by any unit of local government or other political subdivision of the State) for public purposes (other than employee and employer assessments and contributions to finance retirement and social insurance systems, and other than special assessments for capital outlay), as such contributions are determined by the Bureau of the Census for general statistical purposes. (B) MOST RECENT REPORTING YEAR.—The most recent reporting year vt^ith respect to any entitlement period consists of the years taken into account by the Bureau of the Census in its most recent general determination of State and local taxes made before the close of such period.

(d) (TENERAL TAX EFFORT FACTOR OF COUNTY AREA.—For- purposes

of this subtitle, the general tax effort fact.or of any county area for* any entitlement period is— (1) the adjusted taxes of the county government plus the ad-

•

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Page:United States Statutes at Large Volume 86.djvu/972

 DSO

PUBLIC LAW 9 2 - 5 1 2 - O C T. 20, 1972

[86 STAT.

justed taxes of each other unit of local government within that county area, divided by (2) the aggregate income (as defined in paragraph (3) of subsection (a)) attributed to that county area. (e)

GENERAL TAX EFFORT FACTOR OF U N I T OF IJDCAL GOVERN-

MENT.—For purposes of this subtitle— (1) IN GENERAL.—The general tax effort factor of any unit of local government for any entitlement period is— (A) the adjusted taxes of that unit of local government, divided by (B) the aggregate income (as defined in paragraph (3) of - yi subsection (a)) attributed to that unit of local government. (2) ADJUSTED TAXES.—

r

(A) IN GENERAL.—The adjusted taxes of any unit of local government are— (i) the compulsory contributions exacted by such government for public purposes (other than employee and employer assessments and contributions to finance retirement and social insurance systems, and other than special assessments for capital outlay), as such contrite,.,;,,_, butions are determined by the Bureau of the Census for general statistical purposes, (ii) adjusted (under regulations prescribed by the Secretary) by excluding an amount equal to that portion of such compulsory contributions which is properly allocable to expenses for education. (B) CERTAIN SALES TAXES COLLECTED BY COUNTIES.—In any
 * r,jt

case where— (i) a county government exacts sales taxes within the geographic area of a unit of local government and transfers part or all of such taxes to svich unit without specifying the purposes for which such unit may spend the revenues, and , (ii) the Governor of the State notifies the Secretary that the requirements of this subparagraph have been met with respect to such taxes, then the taxes so transferred shall be treated as the taxes of the unit of local government (and not the taxes of the county government). (f) RELATIVE INCOME FACTOR.—For purposes of this subtitle, the relative income factor is a fraction— (1) in the case of a State, the numerator of which is the per capita income of the United States and the denominator of which is the per capita income of that State; (2) in the case of a county area, the numerator of which is the . J, per capita income of the State in which it is located and the denominator of which is the per capita income of that county area; and (3) in the case of a unit of local government, the numerator of which is the per capita income of the county area in which it is located and the denominator of which is the per capita income of the geographic area of that unit of local government. For purposes of this subsection, per capita income shall be determined on the basis of income as defined in paragraph (3) of subsection (a). (g) ALLOCATION RULES FOR F IV E FACTOR FORMULA.—For purposes

of section 106(b)(3)— (1) ALLOCATION ON BASIS or POPULATION.—Any allocation among the States on the basis of population shall be made by

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Page:Alchemyofhappiness en.djvu/109

Rh have, besides, the inspired word which declares that all these things will take place; and all the prophets (upon whom be peace!) and all the saints and teachers of religion (upon whom may God have mercy!) have testified to the truth of them.

Do you not see that if you were desirous to partake of food and were just stretching forth your hand to take it, and some one should say, "Beware, and do not eat of that food, for it is deadly poison," or "a serpent has vomited upon it," that although there was a doubt in your mind whether what he said was true or false, still you would believe him and refrain from eating the food? You would say to yourself: "If I do not eat it, I have nothing to suffer but to remain hungry for a while longer, but if I eat it, I may kill myself. It is prudent, therefore, for me to refrain from it."

Again, if you were sick, and a person who writes magical phrases and charms, should say to you, "give me a drachm of silver, and I will write for you a well tried charm by means of which you will immediately get well," although you know that there is no relation of fitness between an external charm, and an internal disorder of the stomach for instance, and that there is little probability of your recovering by its means, you are still disposed to take it. And you say, "Come, let me have it, if it act as a medicine, I shall be a gainer by so many drachms of silver, and if it do me no good, I shall only have lost a single drachm. I ought therefore to try it."

Once more, if an astrologer should say to you, "if you will drink this bitter and disagreeable medicine, you will not be attacked with illness during the whole of this coming year, for the moon is in such a station among the heavenly bodies," notwithstanding the lie of the astrologer should be very clear to your mind, and you have no confidence in what he says, you would reply, "well, let me

title: Page:Alchemyofhappiness en.djvu/109


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Page:United States Statutes at Large Volume 86.djvu/973

 86 STAT.]

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

allocating to each State an amount which bears the same ratio to the total amount to be allocated as the population of such State bears to the population of all the States. (2)

ALLOCATION ON BASIS OF URBANIZED POPULATION.—Any

allocation among the States on the basis of urbanized population shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as the urbanized population of such State bears to the urbanized population of all the States. (3)

ALLOCATION ON BASIS or POPULATION INVERSELY WEIGHTED PER CAPITA INCOME.—Any allocation among the States on

•

FOR the basis of population inversely weighted for per capita income shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as— (A) the population of such State, multiplied by a fraction the numerator of which is the per capita income of all the States and the denominator of which is the per capita income of such State, bears to (B) the sum of the products determined under subparagraph (A) for all the States. (4)

ALLOCATION ON BASIS OF INCOME TAX COLLECTIONS.—Any

allocation among the States on the basis of income tax collections shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as the income tax amount of such State bears to the sum of the income tax amounts of all the States. (5) ALLOCATION ON BASIS OF GENERAL TAX EFFORT.—Any allocation among the States on the basis of general tax effort shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as the general tax effort amount of such State bears to the sum of the general tax effort amounts of all the States. Subtitle B—Administrative Provisions SEC. 121. REPORTS ON USE OF FUNDS; PUBLICATION. (a) REPORTS ON U S E OF FUNDS.—Each State government and unit of local government which receives funds under subtitle A shall, after the close of each entitlement period, submit a report to the Secretary setting forth the amounts and purposes for which funds received during such period have been spent or obligated. Such reports shall be in such form and detail and shall be submitted at such time as the Secretary may prescribe. (b) REPORTS ON PLANNED U S E OF FUNDS.—Each State government and unit of local government which expects to receive funds under subtitle A for any entitlement period beginning on or after January 1, 1973, shall submit a report to the Secretary setting forth the amounts and purposes for which it plans to spend or obligate the funds which it expects to receive during such period. Such reports shall be in such form and detail as the Secretary may prescribe and shall be submitted at such time before the beginning of the entitlement period as the Secretary may prescribe. (c) PUBLICATION AND PUBLICITY OF REPORTS.—Each State government and unit of local government shall have a copy of each report submitted by it under siibsection (a) or (b) published in a newspaper which is published within the State and has general circulation within the geographic area of that government. Each State government and unit of local government shall advise the news media of the publication of its reports pursuant to this subsection.

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Page:United States Statutes at Large Volume 86.djvu/974

 PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

SEC. 122. NONDISCRIMINATION PROVISION.

78 Stat. 252.

(a) I x GENERAL.—No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under subtitle A. (b) AUTHORITY OF SECRETARY.—Vhenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) or an applicable regulation, he shall notify the Governor of the State (or, in the case of a unit of local government, the Governor of the State in which such unit is located) of the noncompliance and shall request the Governor to secure compliance. If within a reasonable period of time the Governor fails or refuses to secure compliance, the Secretary is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); or (8) to take such other action as may be provided by law. (c) AUTHORITY OF ATTORNEY GENERAL.—^\Vhen a matter is refeiTed to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or imit of local government is engaged in a pattern or practice in violation of the provisions cf this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. , SEC. 123. MISCELLANEOUS PROVISIONS. (a) ASSURANCES TO THE SECRETARY.—In order to qualify for any payment under subtitle A for any entitlement period beginning on or after January 1, 1973, a State government or unit of local government must establish (in accordance with regulations prescribed by the Secretary, and, with respect to a unit of local government, after an opportunity for review and comment by the Governor of the State in which such unit is located) to the satisfaction of the Secretary that— (1) it will establish a trust fund in which it will deposit all payments it receives under subtitle A; (2) it will use amounts in such trust fund (including any interest earned thereon while in such trust fund) during such reasonable period or periods as may be provided in such regulations; ' (3) in the case of a unit of local government, it will use amounts " in such trust fund (including any interest earned thereon while in ^ such trust fund) only for priority expenditures (as defined in '" section 103(a)), and will pay over to the Secretary (for deposit in the general fund of the Treasury) an amount equal to 110 percent of any amomit expended out of such trust fund in violation of this paragraph, unless such amount is promptly repaid to such trust fund (or the violation is otherwise corrected) after notice and opportunity for corrective action; (4) it will provide for the expenditure of amounts received under subtitle A only in accordance with the laws and procedures applicable to the expenditure of its own revenues; (.5) it will— (A) use fiscal, accounting, and audit procedures which conform to guidelines established therefor by the Secretary (after consultation with the Comptroller General of the United States), (B) provide to the Secretary (and to the Comptroller General of the United States), on reasonable notice, access to, and

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Page:United States Statutes at Large Volume 86.djvu/975

 86 STAT.]

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

the right to examine, such books, documents, paper's, or records as the Secretary may reasonably require for purposes of reviewing compliance with this title (or, in the case of the Comptroller General, as the Comptroller General may reasonably require for purposes of reviewing compliance and operations under subsection (c)(2)), and (C) make such annual and interim reports (other than reports required by section 121) to the Secretary as he may reasonably require; (6) all laborers and mechanics employed by contractor's or subcontractor's in the performance of work on any construction project, 25 percent or more of the costs of which project are paid out of its trust fund established under paragraph (1), will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and that with respect to the labor standards specitied in this paragraph the Secretary of Labor shall act in accordance with Reorganization Plan Numbered 14 of 1950 (15 F.R. 8176; 64 Stat. 1267) and section 2 of the Act of June 18, 1984, as amended (40 U.S.C. 276c); (7) individuals employed by it whose wages are paid in whole or in part out of its trust fund established under paragraph (1) . will be paid wages which ar-e not lower than the prevailing rates ' of pay for persons employed in similar public occupations by the same employer; and (8) in the case of a unit of local government as defined in the second sentence of section 108(d)(1) (relating to governments of Indian tribes and Alaskan native villages), it will expend funds received by it under subtitle A for the benefit of members of the tribe or village residing in the county area from the allocation of which funds are allocated to it under section 108(b)(4). Paragraph (7) shall apply with respect to employees in any category only if 25 percent or more of the wages of all employees of the State government or unit of local government in such category are paid from the trust fund established by it under paragraph (1). (b) WITHHOLDING or PAYMENTS.—If the Secretary determines that a State government or unit of local government has failed to comply substantially with any provision of subsection (a) or any regulations prescribed thereunder, after giving reasonable notice and opportunity for a hearing to the Governor of the State or the chief executive officer of the unit of local government, he shall notify the State government or unit of local government that if it fails to take corrective action within 60 days from the date of receipt of such notification further payments to it will be withheld for the remainder of the entitlement period and for any subsequent entitlement period until such time as the Secretary is satisfied that appropriate corrective action has been taken and that there will no longer be any failure to comply. Until he is satisfied, the Secretary shall make no further payments of such amounts. (c) ACCOUNTING, AUDITING, AND EVALUATION.—

(1) IN GENERAL.—The Secretary shall provide for such accounting and auditing procedures, evaluations, and reviews as may be necessary to insure that the expenditures of funds received under subtitle A by State governments and units of local government comply fully with the requirements of this title. The Secretary is authorized to accept an audit by a State of such expenditures of a

933

Reports,

"^^ ^'^*- ^°^^^ use app. 63 Stat. 108.

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PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

State government or unit of local government if be deteriniiies that such audit and the audit procedures of that State are sufficiently reliable to enable him to carry out his duties under this title. (2)

 * ' -'v

(COMPTROLLER (GENERAL SHALL REVIEW (X)MPL1A^•('E.—Tlu'

Comptroller General of the I"fnited States shall make such reviews of the work as done by the Secretary, the State gOA-ernments, and the units of local government as may be necessary for the Congress to evaluate compliance and operations under this title. Subtitle C—General Provisions SEC. 141. DEFINITIONS AND SPECIAL RULES.

,

-

t

(a) SECRETARY.—For purposes of this title, the term "Secretary means the Secretary of the Treasury or his delegate. The term "Secretary of the Treasury"' means the Secretary of the Treasury personally, not including any delegate. (b) ENTITLEMENT PERIOD.—For purposes of this title, the teini entitlement period" means— (1) The period beginning Januarv 1, 1972, and ending June 30. 1972. (2) The period beginning July 1, 1972, and ending Decem; her 31, 1972. (3) The period beginning Januarv 1, 1973, and ending June 30. 1973. (4) The one-year periods beginning on July 1 of 1973, 1974, and 1975. (5) The period beginning July 1, 1976, and ending December 31, 1976. (c) DISTRICT OF COLUMBIA.— (1) TREATMENT AS STATE AND LOCAL GOVERNMENT.—For pur-

^

^ \

poses of this title, the District of Columbia shall be treated both— (A) as a State (and any reference to the Governor of a State shall, in the case of the District of Columbia, be treated as a reference to the Commissioner of the District of Columbia), and (B) as a county area which has no units of local government (other than itself) within its geographic area. (2) REDUCTION IN CASE or INCOME TAX ON NONRESIDENT iNDiviDlALS.—If there is hereafter enacted a law imposing a tax on income earned in the District of Columbia by individuals who are not residents of the District of Columbia, then the entitlement of the District of Columbia under subtitle A for any entitlement l)eriod shall be reduced by an amount equal to the net collections from such tax during such entitlement period attributable to individuals who are not residents of the District of Columbia. The [) receding sentence shall not apply if— (A) the District of Columbia and Maryland enter into an agreement under which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, and the District of Columbia and Virginia enter into an agreement under which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, or (B) the Congress enacts a law directly imposing a tax on J income earned in the District of Columbia by individuals who are not residents of the District of Columbia.

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