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PUBLIC LAW 93-17-APR. 10, 1973

"SEC. 6689. FAILURE BY CERTAIN FOREIGN ISSUERS AND OBLIGORS TO COMPLY WITH UNITED STATES INVESTMENT EQUALIZATION TAX REQUIREMENTS. " I n addition to any other penalties imposed by law, any foreign issuer or obligor with respect to an original or new issue of whose stock or debt obligations an exclusion from tax under section 4922 applied, but who fails to comply with any of the applicable requirements enumerated in or made applicable to such issuer or obligor under subsection (b) of such section and (under section 4922(c)) incurs liability for the tax imposed by section 4911 as a result thereof, shall, unless it is shown that such failure to comply is due to reasonable cause and not due to willful neglect, be liable (in addition to the liability for tax so incurred) for a penalty equal to 25 percent of the total amount of such tax."

17

Ante,

p. 15.

78 Stat. 809. ^^ use 4911.

(3) CONFORMING AMENDMENTS.—

(A) The table of sections for subchapter A of chapter 41 is amended by adding at the end thereof the following new item: "Sec. 4922. Exclusion for certain issues to finance new or additional direct investment in the United States.". (B) The table of sections for subchapter B of chapter 68 is amended by adding at the end thereof the following new item: "Sec. 6689. Failure by certain foreign issuers and obligors to comply with United States investment equalization tax requirements.". (e)

CORPORATIONS FORMED To ACQUIRE FOREIGN SECURITIES.—Sec-

tion 4912(b)(3) (relating to acquisitions from domestic corporation or partnership formed or availed of to obtain funds for foreign issuer or obligor) is amended by adding at the end thereof the following: "The preceding sentence shall not apply to the acquisition of stock or a debt obligation of a domestic corporation all of whose acquisitions of stock or debt obligations of foreign issuers or obligors are either subject to the tax imposed by section 4911 or without liability for payment of such tax under section 4916, 4917, 4918, or 4920(b). An acquisition to which section 4914(c) applies shall not be taken into consideration in determining whether a domestic corporation or partnership is formed or availed of for the purpose of obtaining funds (directly or indirectly) for a foreign issuer or obligor." (f)

78 Stat. 810.

78 Stat. 827 79 Itat'. 963 Post, p. 18.

EXPORT FINANCING.— (1) SALE OR LEASE OF UNITED STATES PROPERTY OR SERVICES.—

Section 4914(c)(1) (relating to export credit, etc., transactions) ^^ ^*^'- ^^^ is amended to read as follows: ^^ ^*^*- ^^^• "(1) IN GENERAL.—The tax imposed by section 4911 shall not apply to the acquisition of a debt obligation arising out of the sale or lease of tangible personal property or services, or both, if— " (A) payment of such debt obligation (or of any related debt obligation arising out of such sale or lease) is guaranteed or insured, in whole or in part, by an agency or wholly owned instrumentality of the United States; or " (B)(i) not less than 85 percent of the amount of the loan or the amount paid or other consideration given to acquire such debt obligation is attributable to the sale or lease of property manufactured, produced, grown, or extracted in the United States, or to the performance of services by United States persons, or to both, and " (ii) the extension of credit and the acquisition of the debt obligation related thereto are reasonably necessary to accomplish the sale or lease of property or services out ^ i which the debt obligation arises, and the terms of the 22-150 O - 75 - 4

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"Services."

debt obligation are not unreasonable in light of credit practices in the business in which the person selling or leasing such property or services is engaged. rpj^^ term 'services' as used in this paragraph and paragraph (2), shall not be construed to include functions performed as an underwriter." (2)

s/statVss^^' 26 USC 4914.

REFUNDING OR REFINANCING CERTAIN DEBT OBLIGATIONS.—

Section 4914(c) is amended by redesignating paragraph (8) as (9), and by inserting after paragraph (7) the following new paragraph: "(8)

78 Stat. 809.

[87 STAT.

REFUNDING OR REFINANCING CERTAIN DEBT OBLIGATIONS.—

The tax imposed by section 4911 shall not apply to the acquisition of a debt obligation issued for the purpose of refunding or refinancing a new or original debt obligation if— (A) the purpose for which and circumstances under which the new or original debt obligation was issued are such that, were such debt obligation issued on the date on which the refunding or refinancing debt obligation is issued, the acquisition of that new or original debt obligation would not be subject to tax under section 4911, and " (B) the terms of the refunding or refinancing debt obligation are not unreasonable in light of credit practices in the business in which the person acquiring the debt obligation is engaged and the refunding or refinancing of the new or original debt obligation is customary in transactions of the type out of which it arose." (g)(1) EXCLUSION FOR ACQUISITIONS BY QLFC'S TO FINANCE EXPORTS.—

85 Stat. 17.

85 Stat. 18.

Section 4915(e)(1)(A) is amended to read as follows: " (A)(i) the amounts received by the corporation as a result of the acquisition will not be used to acquire stock of foreign issuers or debt obligations of foreign obligors (other than stock or debt obligations the acquisition of which is not subject to the tax imposed by section 4911 on account of section 4914(c)), or utilized in any way outside of the United States other than for the acquisition of tangible personal property for leasing which is manufactured or produced in the United States, or (ii) the funds used for such acquisition were obtained from sources outside the United States; and". ^2) DEFINITION OF QLFC AMENDED.—Section 4920(d)(2) is amended by striking out everything preceding subparagraph (A) and inserting in lieu thereof the following: "(2) all debt obligations of foreign obligors (other than debt obligations the acquisition of which is not subject to the tax imposed by section 4911 on account of section 4914(c)) acquired by such corporation, and all tangible personal property not manufactured or produced in the United States acquired by such corporation for leasing, are acquired and carried solely out of—". (h)(1)

^^81 Stat. 148,

PARTICIPATING FIRMS TRADING FOR THEIR OWN ACCOUNTS.—

Section 4918(e) (relating to sales effected by participating firms in connection with exempt acquisitions) is amended by— (A) striking "or" at the end of paragraph (7), (B) redesignating paragraph (8) as (9), and (C) inserting after paragraph (7) the following new paragraph: "(8) sells for its own account and pays the tax imposed under section 4911 on its acquisition of such stock or debt obligation not later than the time it would be required to pay over such tax to the Secretary or his delegate if such tax were withheld under paragraph (7); or".

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Summa Theologiae/Second Part of the Second Part/Question 125

Treatise on Fortitude and Temperance
=== Question. 125 - OF FEAR* (FOUR ARTICLES) [*St. Thomas calls this vice indifferently 'fear' or 'timidity.' The translation requires one to adhere to these terms on account of the connection with the passion of fear. Otherwise 'cowardice' would be a better rendering.]===

We must now consider the vices opposed to fortitude: (1) Fear; (2) Fearlessness; (3) Daring.

Under the first head there are four points of inquiry:

(1) Whether fear is a sin?

(2) Whether it is opposed to fortitude?

(3) Whether it is a mortal sin?

(4) Whether it excuses from sin, or diminishes it?

Art. 1 - Whether fear is a sin?
Objection 1: It seems that fear is not a sin. For fear is a passion, as stated above (FS, Q[23], A[4]; Q[42]). Now we are neither praised nor blamed for passions, as stated in Ethic. ii. Since then every sin is blameworthy, it seems that fear is not a sin.

Objection 2: Further, nothing that is commanded in the Divine Law is a sin: since the "law of the Lord is unspotted" (Ps. 18:8). Yet fear is commanded in God's law, for it is written (Eph. 6:5): "Servants, be obedient to them that are your lords according to the flesh, with fear and trembling." Therefore fear is not a sin.

Objection 3: Further, nothing that is naturally in man is a sin, for sin is contrary to nature according to Damascene (De Fide Orth. iii). Now fear is natural to man: wherefore the Philosopher says (Ethic. iii, 7) that "a man would be insane or insensible to pain, if nothing, not even earthquakes nor deluges, inspired him with fear." Therefore fear is not a sin. .

On the contrary, our Lord said (Mat. 10:28): "Fear ye not them that kill the body," and it is written (Ezech. 2:6): "Fear not, neither be thou afraid of their words."

I answer that, A human act is said to be a sin on account of its being inordinate, because the good of a human act consists in order, as stated above (Q[109], A[2]; Q[114], A[1]). Now this due order requires that the appetite be subject to the ruling of reason. And reason dictates that certain things should be shunned and some sought after. Among things to be shunned, it dictates that some are to be shunned more than others; and among things to be sought after, that some are to be sought after more than others. Moreover, the more a good is to be sought after, the more is the opposite evil to be shunned. The result is that reason dictates that certain goods are to be sought after more than certain evils are to be avoided. Accordingly when the appetite shuns what the reason dictates that we should endure rather than forfeit others that we should rather seek for, fear is inordinate and sinful. On the other hand, when the appetite fears so as to shun what reason requires to be shunned, the appetite is neither inordinate nor sinful.

Reply to Objection 1: Fear in its generic acceptation denotes avoidance in general. Hence in this way it does not include the notion of good or evil: and the same applies to every other passion. Wherefore the Philosopher says that passions call for neither praise nor blame, because, to wit, we neither praise nor blame those who are angry or afraid, but only those who behave thus in an ordinate or inordinate manner.

Reply to Objection 2: The fear which the Apostle inculcates is in accordance with reason, namely that servants should fear lest they be lacking in the service they owe their masters.

Reply to Objection 3: Reason dictates that we should shun the evils that we cannot withstand, and the endurance of which profits us nothing. Hence there is no sin in fearing them.

Art. 2 - Whether the sin of fear is contrary to fortitude?
Objection 1: It seems that the sin of fear is not contrary to fortitude: because fortitude is about dangers of death, as stated above (Q[123], AA[4],5). But the sin of fear is not always connected with dangers of death, for a gloss on Ps. 127:1, "Blessed are all they that fear the Lord," says that "it is human fear whereby we dread to suffer carnal dangers, or to lose worldly goods." Again a gloss on Mat. 27:44, "He prayed the third time, saying the selfsame word," says that "evil fear is threefold, fear of death, fear of pain, and fear of contempt." Therefore the sin of fear is not contrary to fortitude.

Objection 2: Further, the chief reason why a man is commended for fortitude is that he exposes himself to the danger of death. Now sometimes a man exposes himself to death through fear of slavery or shame. Thus Augustine relates (De Civ. Dei i) that Cato, in order not to be Caesar's slave, gave himself up to death. Therefore the sin of fear bears a certain likeness to fortitude instead of being opposed thereto.

Objection 3: Further, all despair arises from fear. But despair is opposed not to fortitude but to hope, as stated above (Q[20], A[1]; FS, Q[40], A[4]). Neither therefore is the sin of fear opposed to fortitude.

On the contrary, The Philosopher (Ethic. ii, 7; iii, 7) states that timidity is opposed to fortitude.

I answer that, As stated above (Q[19], A[3]; FS, Q[43], A[1]), all fear arises from love; since no one fears save what is contrary to something he loves. Now love is not confined to any particular kind of virtue or vice: but ordinate love is included in every virtue, since every virtuous man loves the good proper to his virtue; while inordinate love is included in every sin, because inordinate love gives use to inordinate desire. Hence in like manner inordinate fear is included in every sin; thus the covetous man fears the loss of money, the intemperate man the loss of pleasure, and so on. But the greatest fear of all is that which has the danger of death for its object, as we find proved in Ethic. iii, 6. Wherefore the inordinateness of this fear is opposed to fortitude which regards dangers of death. For this reason timidity is said to be antonomastically* opposed to fortitude. [*Antonomasia is the figure of speech whereby we substitute the general for the individual term; e.g. The Philosopher for Aristotle: and so timidity, which is inordinate fear of any evil, is employed to denote inordinate fear of the danger of death.]

Reply to Objection 1: The passages quoted refer to inordinate fear in its generic acceptation, which can be opposed to various virtues.

Reply to Objection 2: Human acts are estimated chiefly with reference to the end, as stated above (FS, Q[1], A[3]; FS, Q[18], A[6]): and it belongs to a brave man to expose himself to danger of death for the sake of a good. But a man who exposes himself to danger of death in order to escape from slavery or hardships is overcome by fear, which is contrary to fortitude. Hence the Philosopher says (Ethic. iii, 7), that "to die in order to escape poverty, lust, or something disagreeable is an act not of fortitude but of cowardice: for to shun hardships is a mark of effeminacy."

Reply to Objection 3: As stated above (FS, Q[45], A[2]), fear is the beginning of despair even as hope is the beginning of daring. Wherefore, just as fortitude which employs daring in moderation presupposes hope, so on the other hand despair proceeds from some kind of fear. It does not follow, however, that any kind of despair results from any kind of fear, but that only from fear of the same kind. Now the despair that is opposed to hope is referred to another kind, namely to Divine things; whereas the fear that is opposed to fortitude regards dangers of death. Hence the argument does not prove.

Art. 3 - Whether fear is a mortal sin?
Objection 1: It seems that fear is not a mortal sin. For, as stated above (FS, Q[23], A[1]), fear is in the irascible faculty which is a part of the sensuality. Now there is none but venial sin in the sensuality, as stated above (FS, Q[74], A[4]). Therefore fear is not a mortal sin.

Objection 2: Further, every mortal sin turns the heart wholly from God. But fear does not this, for a gloss on Judges 7:3, "Whosoever is fearful," etc., says that "a man is fearful when he trembles at the very thought of conflict; yet he is not so wholly terrified at heart, but that he can rally and take courage." Therefore fear is not a mortal sin.

Objection 3: Further, mortal sin is a lapse not only from perfection but also from a precept. But fear does not make one lapse from a precept, but only from perfection; for a gloss on Dt. 20:8, "What man is there that is fearful and fainthearted?" says: "We learn from this that no man can take up the profession of contemplation or spiritual warfare, if he still fears to be despoiled of earthly riches." Therefore fear is not a mortal sin.

On the contrary, For mortal sin alone is the pain of hell due: and yet this is due to the fearful, according to Apoc. 21:8, "But the fearful and unbelieving and the abominable," etc., "shall have their portion in the pool burning with fire and brimstone which is the second death." Therefore fear is a mortal sin.

I answer that, As stated above (A[1]), fear is a sin through being inordinate, that is to say, through shunning what ought not to be shunned according to reason. Now sometimes this inordinateness of fear is confined to the sensitive appetites, without the accession of the rational appetite's consent: and then it cannot be a mortal, but only a venial sin. But sometimes this inordinateness of fear reaches to the rational appetite which is called the will, which deliberately shuns something against the dictate of reason: and this inordinateness of fear is sometimes a mortal, sometimes a venial sin. For if a man through fear of the danger of death or of any other temporal evil is so disposed as to do what is forbidden, or to omit what is commanded by the Divine law, such fear is a mortal sin: otherwise it is a venial sin.

Reply to Objection 1: This argument considers fear as confined to the sensuality.

Reply to Objection 2: This gloss also can be understood as referring to the fear that is confined within the sensuality. Or better still we may reply that a man is terrified with his whole heart when fear banishes his courage beyond remedy. Now even when fear is a mortal sin, it may happen nevertheless that one is not so wilfully terrified that one cannot be persuaded to put fear aside: thus sometimes a man sins mortally by consenting to concupiscence, and is turned aside from accomplishing what he purposed doing.

Reply to Objection 3: This gloss speaks of the fear that turns man aside from a good that is necessary, not for the fulfilment of a precept, but for the perfection of a counsel. Such like fear is not a mortal sin, but is sometimes venial: and sometimes it is not a sin, for instance when one has a reasonable cause for fear.

Art. 4 - Whether fear excuses from sin?
Objection 1: It seems that fear does not excuse from sin. For fear is a sin, as stated above (A[1]). But sin does not excuse from sin, rather does it aggravate it. Therefore fear does not excuse from sin.

Objection 2: Further, if any fear excuses from sin, most of all would this be true of the fear of death, to which, as the saying is, a courageous man is subject. Yet this fear, seemingly, is no excuse, because, since death comes, of necessity, to all, it does not seem to be an object of fear. Therefore fear does not excuse from sin.

Objection 3: Further, all fear is of evil, either temporal or spiritual. Now fear of spiritual evil cannot excuse sin, because instead of inducing one to sin, it withdraws one from sin: and fear of temporal evil does not excuse from sin, because according to the Philosopher (Ethic. iii, 6), "one should not fear poverty, nor sickness, nor anything that is not a result of one's own wickedness." Therefore it seems that in no sense does fear excuse from sin.

On the contrary, It is stated in the Decretals (I, Q[1], Cap. Constat.): "A man who has been forcibly and unwillingly ordained by heretics, has an ostensible excuse."

I answer that, As stated above (A[3]), fear is sinful in so far as it runs counter to the order of reason. Now reason judges certain evils to be shunned rather than others. Wherefore it is no sin not to shun what is less to be shunned in order to avoid what reason judges to be more avoided: thus death of the body is more to be avoided than the loss of temporal goods. Hence a man would be excused from sin if through fear of death he were to promise or give something to a robber, and yet he would be guilty of sin were he to give to sinners, rather than to the good to whom he should give in preference. On the other hand, if through fear a man were to avoid evils which according to reason are less to be avoided, and so incur evils which according to reason are more to be avoided, he could not be wholly excused from sin, because such like fear would be inordinate. Now the evils of the soul are more to be feared than the evils of the body. and evils of the body more than evils of external things. Wherefore if one were to incur evils of the soul, namely sins, in order to avoid evils of the body, such as blows or death, or evils of external things, such as loss of money; or if one were to endure evils of the body in order to avoid loss of money, one would not be wholly excused from sin. Yet one's sin would be extenuated somewhat, for what is done through fear is less voluntary, because when fear lays hold of a man he is under a certain necessity of doing a certain thing. Hence the Philosopher (Ethic. iii, 1) says that these things that are done through fear are not simply voluntary, but a mixture of voluntary and involuntary.

Reply to Objection 1: Fear excuses, not in the point of its sinfulness, but in the point of its involuntariness.

Reply to Objection 2: Although death comes, of necessity, to all, yet the shortening of temporal life is an evil and consequently an object of fear.

Reply to Objection 3: According to the opinion of Stoics, who held temporal goods not to be man's goods, it follows in consequence that temporal evils are not man's evils, and that therefore they are nowise to be feared. But according to Augustine (De Lib. Arb. ii) these temporal things are goods of the least account, and this was also the opinion of the Peripatetics. Hence their contraries are indeed to be feared; but not so much that one ought for their sake to renounce that which is good according to virtue.


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(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to acquisitions of stock or debt obligations made on or after July 15, 1967. (i)(l) INTEREST EQUALIZATION TAX REFUNDS.—Section 4919(a) (relating to credit or refund) is amended by striking out "credit or refund (without interest)" and inserting in lieu thereof "credit (without interest) or refund". (2) GRACE PERIOD FOR PROMPT REFUNDS.—Section 6611 (relating to

interest on overpayments) is amended by redesignating subsection (h) as (i), and by inserting after subsection (g) the following new subsection:

78 Stat. 833; 85 Stat. 2 0. 26 USC 4919.

68A Stat. 819; 72 Stat. 1640.

" (h) REFUND W I T H I N 45 D A T S AFTER F I L I N G CLAIM FOR REFUND OF INTEREST EQUALIZATION T A X PAID ON SECURITIES SOLD TO FOR-

EIGNERS.—No interest shall be allowed under subsection (a) on any overpayment of the tax imposed by section 4911, arising by reason of section 4919(a), if the overpayment is refunded within 45 days after the filing of a claim for refund for that overpayment of tax with respect to a prior quarter." (j)

CHANGES I N DEFINITIONS AND SPECIAL RULES. — (1) FOREIGN LENDING OR FINANCE BUSINESSES.—Section

78 Stat. 809. Supra.

4920

(a) (3A) is amended by— (A) amending subparagraph (A) to read as follows: " (A) the term 'lending or finance business' has the meaning given to it by section 542(d)(1), except that the portion of subparagraph (B)(i) of such section following '60 months' shall be disregarded;" and (B) adding at the end of such section the following sentence: " For purposes of determining whether a domestic corporation is primarily engaged in the lending or finance business, ownership of stock of an affiliated corporation which satisfies the requirements of clause (i) and (ii) of paragraph (3)(C) shall be disregarded."

81 Stat. 161, "Lending or finance b u s i n e s s. " 78 Stat. 80.

(2) FUNDING OF STOCK OPTIONS AND OTHER ISSUES OF STOCK.—

Section 4920(b)(2) (relating to class of stock defined) is amended by— (A) striking "or" at the end of subparagraph (C), (B) redesignating subparagraph (D) as (E). (C) inserting after subparagraph (C) the following new Lg lo subparagraph; " (D) issued after November 10, 1964, and prior to January 30, 1973, upon exercise of a stock option granted to an individual, in connection with his employment by the employer corporation, or its parent or subsidiary corporation, to purchase stock of any such corporations if the tax imposed by section 4911 has been paid;", (D) amending clause (ii) of subparagraph (E) (as redesignated by subparagraph (B) of this paragraph) by inserting before the semicolon the following: ", or on the latest record date before the issuance of such additional shares", (E) amending clause (iv) of such subparagraph (E) by inserting after 4917," the following: "or are shares issued after January 29, 1973, upon exercise of an option described in section 4914(a)(8) (determined without regard to whether or not the optionee is a United States person) granted to an employee who immediately after such option is granted is an individual described in section 422(b)(7) (provided that the aggregate number of shares of such class subject to all options described in section 4914(a)(8) (determined without regard to whether or not the optionee is a United States person) that are granted during one calendar year does not

79 Stat. 963; 85 Stat. 2 0.

78 Stat. 813,,

78 Stat. 64.

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^"'^' ^' ^^'

^

exceed one percent of the total number of outstanding shares of such class on the first day of such calendar year) /', (F) striking the period at the end of clause (v) of such subparagraph (E) and inserting a semicolon and "or", (G) inserting after such subparagraph (E) the following new subparagraph: " (F) issued after March 31, 1973, as consideration for, or upon conversion (or in connection with the prior conversion) of debt obligations which were the consideration for, the acquisition of stock of a foreign corporation, if immediately after such acquisition the acquiring corporation owns (directly or indirectly) more than 50 percent of the total combined voting power of all classes of stock of such foreign corporation, or the acquisition of more than 50 percent (in value) of the assets of a foreign corporation, if— " (i) such corporation satisfied the requirements of sections 4 9 2 0 (b)(2)(E)(i), (ii), and ( i i i); "(ii) shares of such class were held of record by more than 5,000 persons on such corporation's latest record date before January 1, 1973; "(iii) during the period beginning on January 1, 1973, and running through the date of issuance of such shares, shares of such class were listed for trading on one or more national securities exchanges registered with the Securities and Exchange Commission; "(iv) during the period beginning on January 1, 1973, and running through the date of the issuance of the additional shares such corporation has maintained its principal oJfRce in the United States; " (v) during the period beginning on January 1, 1973, and running through the date of issuance of the additional shares such corporation has been engaged in trade or business in the United States; "(vi) during the 5-year period immediately preceding the date of issuance, the aggregate number of additional shares (other than additional shares issued under subparagraph (B), (C), (D), o r (E) of this subsection) does not exceed 5 percent of the total number of outstanding shares of such class on the first day of such 5-year period, and " (vii) the acquired foreign corporation was engaged in the active conduct of a trade or business (other than as a dealer in securities) immediately before the date of such acquisition.", and (H) striking "subparagraph (D) " wherever it appears in the text of such section 4920(b)(2) after subparagraph (F) (added by subparagraph (G) of this paragraph) and inserting in lieu thereof "subparagraph (E) ", (3)

85 Stat. 18.

[87 STAT.

FOREIGN SOURCE BORROWING BY QLFC FROM RELATED CORPO-

RATIONS.—Section 4920(d)(2)(A) (iii) is amended to read as

26 USC 4920.

follows: "(iii) a foreign corporation (not including a qualified lending or financing corporation or a foreign corporation engaged in the commercial banking business which acquires such debt obligations in the ordinary course of such commercial banking business), if such corporation

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(or one or more includible corporations in an affiliated g-ronp, as defined in section 1504, of which such corporation is a member) owns directly or indirectly (within the meanino- of section 4015(a)(1)) 10 percent or more of the total combined votin<2: })Ower of all classes of stock of such foreign corporation, except to the extent such foreign corporation has, after having given advance notice to the Secretary or his delegate, sold its debt obligations to persons other than persons described in clauses (i) and (ii) and this clause and is using the proceeds of the sales of such debt obligations to acquire the debt obligations of such corporation (or such other domestic corporation),"'. (4)

PERCENTAGE OF STOCK CHVXED BY PAPVEXT COPXPORATIOX or

QLFC—Section 4920(d)(2) (1^) is amended by striking out "by one or more members of a controlled group (as defined in section 48(c)(3)(C)) of which such corporation is a member (or by a corporation which would be such a member if it were a domestic corporation)" and inserting "by a corporation owning directly or indirectly (within the meaning of section 4915(a)(1)) 10 percent or more of the total combined voting power of all classes of stock of such corporation". (5) SOURCE OP^ FUNDS FOR QLFC'S,—Section 4920(d)(2) is amended by— (A) striking "or*' at the end of subparagraph (C), (B) striking the semicolon at the end of subparagraph (I)) and inserting in lieu thereof a connna and "or", and (C) adding at the end thereof the following new subparagraph: (E) the proceeds of the sale of debt obligations (by a domestic corporation which has made an election under section 4912(c) with respect to such debt obligatioiis) to a person other than a person described in clause (i), (ii), or (iii) of subparagraph (A) if the proceeds are transferred directly from the lender to such corporation;"'. (6) Egurry INVESTMENTS OF QLFC"S.—Section 4920(d)(3) is amended to read as follows: "(3) which does not acipiire oi' own any stock of foreign issuers or of domestic corporations oi' domestic partnerships other than— "(xV) stock of one or more members of a controlled group (as defined in section 48(c)(3)(C)) of which such corporation is a membei- (or of a corporation which would be a member if it were a domestic corporation) acquired as payment for stock, or as a contribution to capital, of such corporation, " (B)(i) stock of a corporation described in section 4915(e) (2)(C) ]• section 4920(a) (3B), if 10 percent or more of the total combined voting power of all classes of such stock is owned (directly or indirectly) by the acquiring corporation, or "(ii) stock of a partnership which meets the requirements of section 4920((1)(1) and (2) under regulations pronudgated by the Secretary or his delegate, if immediately following the acquisition such corporation owns (directly or indirectly) 10 percent or more of the profits interest in such partnership,

68A Stat. 369. 26 USC 15 04.

78 Stat. 824.

•

^s Stat. is. ^3 Stat. 603.

ss Stat. M.

^s Stat. 17, 1

^"(e, p. 20.

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PUBLIC LAW 93-18-APR. 14, 1973

[87 STAT.

" (C) stock acquired by such corporation through foreclosure, where such stock was held by such corporation as security for loans or leases described' in paragraph (1) if such stock is disposed of within a 90-day period beginning on the day after the date of such foreclosure (including any additional 90-day periods reasonably necessary to dispose of such stock that the Secretary or his delegate may allow), or " (D) stock of a foreign corporation acquired in connection with and incidental to an acquisition of a debt obligation in a transaction described in paragraph (1) if (i) at the time of the acquisition of the debt obligation the value of such stock does not exceed 10 percent of the value of the debt obligation, and (ii) the terms of the debt obligation are not unreasonable in light of credit practices in the business in which the corporation acquiring such debt obligation is engaged; and". (7) 85 Stat. 2 1. 26 USC 4920. 68A Stat. 2 71; 83 Stat. 63 7.

STOCK DIVTOENDS BY CERTAIN

MUTUAL EUNDS.—Section

4920(e) (relating to certain mutual funds) is amended by inserting before the period ", except stock issued as a capital gain dividend, as defined in section 852(b)(3)(C) ".

SEC. 4 REPORT BY SECRETARY OF TREASURY. . 78 Stat. 830; 79 Stat. 960. 26 USC 4911, Report to Congress.

The Secretary of the Treasury shall study the effect on international monetary stability of the exemption granted under the authority of section 4917 of the Internal Revenue Code of 1954 (relating to exclusion for original or new issues where required for international monetary stability) from the tax imposed by chapter 41 of such Code (relating to interest equalization tax) of new issues of Canadian stock or debt obligations. The Secretary shall report to the Congress, not later than September 30, 1973, the results of such study and his conclusions as to whether the termination of such exemption will have such consequences for Canada as to imperil or threaten to imperil the stability of the international monetary system, together with any recommendations, including recommendations for legislation, he may have. Approved April 10, 1973.

Public Law 93-18 April 14, 1973 [H. J. R e s. 437]

National Clean Water Week. Designation authorization.

JOINT RESOLUTION To authorize the I'resident to designate the period beginning April l;j, 1973, as "National Clean Water Week".

Resolved by the Senate and House of Representatives of the United States of Ainerlca in Congress assembled. That, to emphasize the importance of intelligently planned use and distribution of thei Nation's water resources, and in recognition of the highly developed professional and industrial techniques which jjrovide the American people with a constant supply of clean water for use in home, office, school, factory, hospital, and wherever else such clean water is needed, the President is hereby authorized and requested to issue a proclamation designating the period beginning April 15, 1973, and ending April 22, 1973, as "National Clean Water Week", calling upon interested groups and organizations to observe such week with appropriate ceremonies and activities. Approved April 14, 1973.

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Page:United States Statutes at Large Volume 87.djvu/55

 87

STAT.]

23

PUBLIC LAW 93-21-APR. 20, 1973

Public Law 93-19 JOINT RESOLUTION

^..,., n., April 16, 1973

To authorize the President to proclaim April 16, 1973, as "Jim Thorpe Day", Resolved by the Senate and House of Representatives of the United States of America in Congress assejnhJed, That, (1) in recognition of J i m Thorpe having been chosen the greatest athlete in the first half of the twentieth century by the Associated Press, (2) in appreciation for the standards of excellence set by J i m Thorpe which have taught all Americans to recognize the innate dignity of their fellow citizen, the American Indian. (3) in recognition of J i m Thorpe's example of overcoming social and economic barriers to achieve excellence, and blazing a trail for other talented minority Americans, and (4) in honor of the recognition J i m Thorpe brought to all Americans with his triumph at the 1912 Olympics, the President is authorized and requested to issue a proclamation designating April 16, 1973, as "Jim Thorpe Day-", and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved April 16, 1973.

[s. j. Res. 73] Jim Thorpe Day, Designation authorization.

Public Law 93-20 JOINT RESOLUTION April 20, 1973 To authorize ami request the Tresident to proclaim Aiiril 29, 1973, as a clay [H. J. Res. 303] of observance of the thirtieth anniversary of the Warsaw ghetto uprising. ' Resolved by the Senate and House of Representatives of the United States of America in Coiwress assembled. That the 29th day of April Warsaw ghetto 1973 is hereby marked in commemoration of the thirtieth anniversary 30th anniverof the uprising against the Nazi occupation forces by the beleaguered ^ary. _ and outnumbered Jews of the Warsaw ghetto who, by their heroic authoruaUon? struggle, reaffirmed the ineradicable determination of mankind to fight for freedom fiom oppression and symbolized the indestructible spirit of libert}'. The President is authorized and requested to issue a proclamation inviting the people of the United States to observe such day with appropriate ceiemonies and a<'tivities. Approved April 20, 1973.

Public Law 93-21 JOINT RESOLUTION To authorize the President to issue a proclamation designating the month of May, 1973, as "National Arthritis Month". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation (1) designating the month of May 1973 as "National Arthritis Month", (2) inviting the Governors of the several States to issue proclamations for like purposes, and (3) urging the people of the United States, and educational, philanthropic, scientific, medical, and health care professions and organizations to provide the necessary assistance and resources to discover the causes and cures of arthritis and rheumatic diseases and to alleviate the suffering of persons struck by these diseases. Approved April 20, 1973.

April 20, 1973 [H. J. R e s. 275]

National Arthiit i s Month. Designation i authorizatic ion.

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Page:United States Statutes at Large Volume 87.djvu/56

 24

PUBLIC LAW 93-22-APR. 20, 1973

[87 STAT.

Public Law 93-22 April 20, 1973 [S.1315]

People's Republic of China Liaison Office. Diplomatic privi l e g e s, immunities; extension.

AN ACT To extend diplomatic privileges and immunities to the Liaison OfBce of the People's Republic of China and to members thereof, and for other purposes. Be it enacted by the Senate and House of 'Representatives of the United States of America in Congress assembled, That, under such terms and conditions as he shall determine and consonant with the purposes of this Act, the President is authorized to extend to the Liaison Office of the People's Republic of China in Washington and to the members thereof the same privileges and immunities subject to corresponding conditions and obligations as are enjoyed by diplomatic missions accredited to the United States and by members thereof. Approved April 20, 1973.

Public Law 93-23 April 20, 1973 [H. J. R e s. 210]

National Hunting and F i s h i n g Day. Designation authorization.

JOINT RESOLUTION Asking the President of the United States to declare the fourth Saturday of September, 1973, "National Hunting and Fishing Day". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the United States declare the fourth Saturday of September, 197o, as "National Hunting and Fishing Day'' to provide that deserved national lecognition, to recognize the esthetic, health, and recreational virtues of hunting and fishing, to dramatize the continued need for gun and boat safety, and to rededicate ourselves to the conservation and respectful use of our wildlife and natural resources. Approved April 20, 1973.

Public Law 93-24 April 20, 1973 [H. R. 1975]

AN ACT To amend the emergency loan program under the Consolidated Farm and Rural Development Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Emergency farm United States of America in Congress assembled, That subsections (a), (b), (c), (d), (e), and (f) of section 328 of the Consolidated F a r m S6 Stat. 557 and Rural Development Act, as amended by Public Law 92-385, are 7 USC 1969. repealed. SEC. 2. Subsection (a) of section 321 of the Consolidated F a r m and 75 Stat. 311 Rural Development Act is amended by striking out all of the language 7 USC 1961 M'ithin the parentheses and inserting the following: "(including loans the Secretary is authorized to make or insure under subtitles A and B 7 USC 1922, of this title or any other Act of Congress)". 1941. S E C 3. Subsection (b) of section 321 of the Consolidated F a r m and Rural Development Act is amended by deleting said subsection in its entirety and substituting in lieu thereof: "(b) The Secretary shall make loans in any such area designated by the Secretary in accordance with subsection (a) hereof and in any area designated as a major disaster by the President pursuant to the pro84 Stat. 1 744 visions of the Disaster Relief Act of 1970, as amended, (1) to estab42 USC 4401 lished farmers, ranchers, or oyster planters who are citizens of the note. United States and (2) to private domestic corporations or partnerships engaged primarily in farming, ranching, or oyster planting:

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Page:Tom Swift and His Airship.djvu/69

Rh, and I trust you will profit by what she tells you. Meanwhile I wish to have some conversation concerning damages with the persons who so unceremoniously visited us. It is a shame that the pupils of the Rocksmond Seminary should be disturbed at their studies. Sir, I wish to talk with you," and the principal pointed a long, straight finger at Mr. Sharp.

"Young ladies, attention!" called Miss Delafield. "You will observe the large red body at the top, that is"

"I'd rather have you explain it," whispered Mary Nestor to Tom. "Come on, slip around to the other side. May I bring a few of my friends with me? I can't bear Miss Delafield. She thinks she knows everything. She won't see us if we slip around."

"I shall be delighted," replied Tom, "only I fear I may have to help Mr. Sharp out of this trouble."

"Don't worry about me, Tom," said the balloonist, who overheard him. "Let me do the explaining. I'm an old hand at it. Been in trouble before. Many a time I've had to pay damages for coming down in a farmer's corn field. I'll attend to the lady principal, and you can explain things to the young ones," and, with a wink, the jolly aeronaut stepped over to where Miss

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Page:United States Statutes at Large Volume 87.djvu/57

 87 STAT. ]

PUBLIC LAW 93-25-APR. 26, 1973

25

Provided, That they have experience and resources necessary to assure a reasonable prospect for successful operation with the assistance of such loan, and are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time." SEC. 4. Section 324 of the Consolidated F a r m and Rural Development Act is amended by striking out "3 per centum" and inserting in

interest rate. ^s Stat. 311.

V

7 USC

,1

J.44K

1.

ll

^

lieu thereoi 5 per centum. SEC. 5. Section 328 of the Consolidated F a r m and Rural Development Act, as amended by Public Law 92-173, is further amended by striking out "$100,000,000" and inserting "$500,000,000". SEC. 6. Section 321(a) of the Consolidated F a r m and Rural Development Act is amended by striking the word "may" and inserting in lieu thereof the word "shall". SEC. 7. Section 232 of Public Law 91-606 is repealed. _ SEC. 8. Notwithstanding the repeal herein of section 5 of Public Law 92-385, and notwithstanding any other provision of law, the Secretary of Agriculture shall make loans in accordance with the provisions of section 5 of Public Law 92-385 to eligible applicants in natural disaster areas determined or designated by the Secretary of Agriculture where such determination or designation had been made after January 1, 1972 and prior to December 27, 1972. The authority to accept applications for such loans shall expire 18 days after the effective date of this Act. SEC. 9. Notwithstanding the provisions of any other law, any loan made by the Small Business Administration in connection with any disaster occurring on or after the date of enactment of this Act under sections 7(b)(1), (2), or (4) of the Small Business Act (15 U.S.C. 636(b)(1), (2), or (4)) shall bear interest at the rate determined under section 324 of the Consolidated F a r m and Rural Development Act, as amended by section 4 of this Act. No portion of any such loan shall be subject to cancellation under the provisions of any law. Approved April 20. 1973.

1964.

^^^^^^^ i°«"^ss Stat. 491. ' "^^ ^^^*-

?4 s^ta!' 1 42 Jsc 44^5^2^.' Exception. T^rs'c'igeJ.'

72 Stat. 387; 78 Stat. 7.

Public Law 93-25 JOINT RESOLUTION Making supplemental appropriations for the fiscal year ending June 30, 1978. for the Civil Aeronautics Board and the Veterans Administration, and for other purposes.

April 26, 1973 [H. J. Res. 496]

Resolved by the Senate and HoU^e of Representatives of the United States of America in Congress Assembled^ That the following sums supplemental are appropriated, out of any money in the Treasury not otherwise a p p r o p r i a t i o n s, \\ appropriated, for the fiscal year ending June 30, 1973, namely: CIVIL. AERONAUTICS BOARD P A Y M E N T S TO A I R CARRIERS

For an additional amount for "Payments to air carriers"', $26,800,000, to remain available until expended. VETERANS ADMINISTRATION READJUSTMENT BENEFITS

For an additional amount for "Readjustment benefits", $468,000,000, to remain available until expended.

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Page:United States Statutes at Large Volume 87.djvu/58

 26

PUBLIC LAW 93-26-APR. 27, 1973

[87 STAT.

DEPARTMENT OF H E A L T H, E D IX A T I O X, AXD WELFARE OFFICE OF EDUCATIOX HIGHER

86 Stat. 2 4 8. 20 USC 1070a, 1070b. 82 Stat. 102 8. 86 Stat. 2 7 2. 42 USC 2 751; 20 USC 1087aa.

EDUCATION

For carrying out, to the extent not otherwise provided. Subparts 1 and 2 of Part A ($332,400,000), Part C ($270,200,000), and Part E ($269,400,000) of Title IV of the Higher Education Act of 1965, as amended, $872,000,000 to remain available until June 30, 1974: Provided, That of the sums herein appropriated for Subparts 1 and 2 of Part A, not to exceed $122,100,000 (including $11,500,000 for administrative expenses) may be used for Subpart 1. SCHOOL ASSISTANCE I N FEDERALLY AFFECTED AREAS

86 Stat. 4 0 2. Ante, p. 7. 64 Stat. 1100. 20 USC 236. 20 USC 2 3 8.

Xone of the funds made available by the Continuing Resolution as amended (Public Law 92-334, Public Law 93-9) for carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C. ch. 13), shall be available to pay any local educational agency in excess of 54 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(b) of said title I and none of the funds shall be available to pay any local educational agency in excess of 90 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(a) of said title I if the number of children in average daily attendance in schools of that agency eligible under said section 3(a) is less than 25 per centum of the total number of children in such schools. GENERAL SERVICES ADMINISTRATION PROPERTY MANAGEMENT AND DISPOSAL SERVICE OPERATING E X P E N S E S

62 Stat. 1225,

For an additional amount for "Operating expenses" for the national reserve established by the National Industrial Reserve Act of 1948 (50 LLS.C. 451-462), $1,800,000, to remain available until expended. Approved April 26, 1973. Public Law 93-26

April 27, 1973 [S.1493]

Uniformed services. Missing s t a t u s, promotions, 86 Stat. 796. 70A Stat. 116. 80 Stat. 629. Effective dates 38 USC 4 0 1.

AN ACT To jimeiid title 37. United States Code, relating to promotion of members of the uniformed services who are in a missing status.

Be it enacted by the Senate and House of Representatives of the rnited States of America in Congress assembled, That section 552(a) of title 37. United States Code, is amended by adding the following sentence at the end thereof: "Notwithstanding section 1523 of title 10 or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes, even though the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made." SEC. 2. For the purposes of chapter 13 of title 38, United States Code, this Act becomes effective as of November 24, 1971. For all other purposes this Act becomes effective as of February 28, 1961. Approved April 27, 1973.

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Summa Theologiae/Second Part of the Second Part/Question 126

Question. 126 - OF FEARLESSNESS (TWO ARTICLES)
We must now consider the vice of fearlessness: under which head there are two points of inquiry:

(1) Whether it is a sin to be fearless?

(2) Whether it is opposed to fortitude?

Art. 1 - Whether fearlessness is a sin?
Objection 1: It seems that fearlessness is not a sin. For that which is reckoned to the praise of a just man is not a sin. Now it is written in praise of the just man (Prov. 28:1): "The just, bold as a lion, shall be without dread." Therefore it is not a sin to be without fear.

Objection 2: Further, nothing is so fearful as death, according to the Philosopher (Ethic. iii, 6). Yet one ought not to fear even death, according to Mat. 10:28, "Fear ye not them that kill the body," etc., nor anything that can be inflicted by man, according to Is. 51:12, "Who art thou, that thou shouldst be afraid of a mortal man?" Therefore it is not a sin to be fearless.

Objection 3: Further, fear is born of love, as stated above (Q[125], A[2]). Now it belongs to the perfection of virtue to love nothing earthly, since according to Augustine (De Civ. Dei xiv), "the love of God to the abasement of self makes us citizens of the heavenly city." Therefore it is seemingly not a sin to fear nothing earthly.

On the contrary, It is said of the unjust judge (Lk. 18:2) that "he feared not God nor regarded man."

I answer that, Since fear is born of love, we must seemingly judge alike of love and fear. Now it is here a question of that fear whereby one dreads temporal evils, and which results from the love of temporal goods. And every man has it instilled in him by nature to love his own life and whatever is directed thereto; and to do so in due measure, that is, to love these things not as placing his end therein, but as things to be used for the sake of his last end. Hence it is contrary to the natural inclination, and therefore a sin, to fall short of loving them in due measure. Nevertheless, one never lapses entirely from this love: since what is natural cannot be wholly lost: for which reason the Apostle says (Eph. 5:29): "No man ever hated his own flesh." Wherefore even those that slay themselves do so from love of their own flesh, which they desire to free from present stress. Hence it may happen that a man fears death and other temporal evils less than he ought, for the reason that he loves them* less than he ought. [*Viz. the contrary goods. One would expect 'se' instead of 'ea.' We should then read: For the reason that he loves himself less than he ought.] But that he fear none of these things cannot result from an entire lack of love, but only from the fact that he thinks it impossible for him to be afflicted by the evils contrary to the goods he loves. This is sometimes the result of pride of soul presuming on self and despising others, according to the saying of Job 41:24,25: "He [Vulg.: 'who'] was made to fear no one, he beholdeth every high thing": and sometimes it happens through a defect in the reason; thus the Philosopher says (Ethic. iii, 7) that the "Celts, through lack of intelligence, fear nothing." [*"A man would deserve to be called insane and senseless if there were nothing that he feared, not even an earthquake nor a storm at sea, as is said to be the case with the Celts."] It is therefore evident that fearlessness is a vice, whether it result from lack of love, pride of soul, or dullness of understanding: yet the latter is excused from sin if it be invincible.

Reply to Objection 1: The just man is praised for being without fear that withdraws him from good; not that he is altogether fearless, for it is written (Ecclus. 1:28): "He that is without fear cannot be justified."

Reply to Objection 2: Death and whatever else can be inflicted by mortal man are not to be feared so that they make us forsake justice: but they are to be feared as hindering man in acts of virtue, either as regards himself, or as regards the progress he may cause in others. Hence it is written (Prov. 14:16): "A wise man feareth and declineth from evil."

Reply to Objection 3: Temporal goods are to be despised as hindering us from loving and serving God, and on the same score they are not to be feared; wherefore it is written (Ecclus. 34:16): "He that feareth the Lord shall tremble at nothing." But temporal goods are not to be despised, in so far as they are helping us instrumentally to attain those things that pertain to Divine fear and love.

Art. 2 - Whether fearlessness is opposed to fortitude?
Objection 1: It seems that fearlessness is not opposed to fortitude. For we judge of habits by their acts. Now no act of fortitude is hindered by a man being fearless: since if fear be removed, one is both brave to endure, and daring to attack. Therefore fearlessness is not opposed to fortitude.

Objection 2: Further, fearlessness is a vice, either through lack of due love, or on account of pride, or by reason of folly. Now lack of due love is opposed to charity, pride is contrary to humility, and folly to prudence or wisdom. Therefore the vice of fearlessness is not opposed to fortitude.

Objection 3: Further, vices are opposed to virtue and extremes to the mean. But one mean has only one extreme on the one side. Since then fortitude has fear opposed to it on the one side and daring on the other, it seems that fearlessness is not opposed thereto.

On the contrary, The Philosopher (Ethic. iii) reckons fearlessness to be opposed to fortitude.

I answer that, As stated above (Q[123], A[3]), fortitude is concerned about fear and daring. Now every moral virtue observes the rational mean in the matter about which it is concerned. Hence it belongs to fortitude that man should moderate his fear according to reason, namely that he should fear what he ought, and when he ought, and so forth. Now this mode of reason may be corrupted either by excess or by deficiency. Wherefore just as timidity is opposed to fortitude by excess of fear, in so far as a man fears what he ought not, and as he ought not, so too fearlessness is opposed thereto by deficiency of fear, in so far as a man fears not what he ought to fear.

Reply to Objection 1: The act of fortitude is to endure death without fear, and to be aggressive, not anyhow, but according to reason: this the fearless man does not do.

Reply to Objection 2: Fearlessness by its specific nature corrupts the mean of fortitude, wherefore it is opposed to fortitude directly. But in respect of its causes nothing hinders it from being opposed to other virtues.

Reply to Objection 3: The vice of daring is opposed to fortitude by excess of daring, and fearlessness by deficiency of fear. Fortitude imposes the mean on each passion. Hence there is nothing unreasonable in its having different extremes in different respects.


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 87 STAT. ]

PUBLIC LAW 93-28-APR. 30, 1973

27

Public Law 93-27 AN ACT To amend the Agricultural Adjustment Act of 1938 with respect to rice.

April 27, 1973 [H. R. 6883]

Be it enacted by the Senate and House of Representatives of the Uiiited States'of America in Congress assembled. That section 353 of ^^''^' the Agricultural Adjustment Act of 1938 be amended by adding a new metu^.^rarTsfe"." subsection (g) to read as follows: 63 Stat. 1059; " (g) Notwithstanding any other provision of this Act, if the Secre- ^^7%^*^^i3'53. tary determines for 1973 that because of a natural disaster a portion of the farm rice acreage allotments in a county cannot be timely planted or replanted in such year, he may authorize for such year the transfer of all or a part of the rice acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made wall be engaged in the production of rice and w411 share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be released acreage for the purpose of acreage history credits under subsection (e) of this section and section 377 of this Act: Provided, That, notwith- ^^ |tat. 45^ standing the provisions of subsection (e) of this section, the transfer 7 USC 1377. of any farm allotment under this subsection shall operate to make the farm from which the allotment was transferred eligible for an allotment as having rice planted thereon during the five-year base period." Approved April 27, 1973.

Public Law 93-28 AN ACT April 30, 1973

To extend and amend the Economic Stal.ilizati(m Act of 1970. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be ,

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Cited as the "Lconomic stabilization Act Amendments ot 1973.

[s. 398] O.^WM"""!^*^ A. S t a b i l i z a t i o n Act 1973. Amendments of

AUTHORITY TO ALLOCATE P E T R O L E U M PRODUCTS

SEC. 2. (a) The first sentence of section 202 of the Economic Stabilization Act of 1970 is amended by striking out the period at the end ^^ sta^. 744^. 12 thereof and inserting in lieu thereof the following: ", and that in order note. u s e 1904 to maintain and promote competition in the petroleum industry and assure sufficient supplies of petroleum products to meet the essential needs of various sections of the Nation, it is necessary to provide for the rational and equitable distribution of those products." (b) The first sentence of section 203(a) of such Act is amended— (1) by striking out "and" at the end of clause (1); (2) by striking out the period at the end of clause (2) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof a new clause as follows: "(3) provide after public hearing, conducted with such notice, under such regulations and subject to such review as the exigencies

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Page:United States Statutes at Large Volume 87.djvu/60

 28

PUBLIC LAW 93-28-APR. 30, 1973

[87 STAT.

of the case may, in his judgment, make appropriate for the establishment of priorities of use and for systematic allocation of supplies of petroleum products including crude oil in order to meet the essential needs of various sections of the Nation and to prevent anticompetitive effects resulting from shortages of such products."' DEFINITION OF SUBSTANDARD

85 Stat.^744. note.

EARNINGS

^g^. -^ Section 203(d) of the Economic Stabilization Act of 1970 is amended by adding at the end thereof the following new sentence: "The President shall prescribe regulations defining for the purposes of this subsection the term 'substandard earnings', but in no case shall such term be defined to mean earnings less than those resulting from a wage or salary rate which yields $3.50 per hour or less." CLARIFICATION OF AUTHORITY CONFERRED BY ACT

SEC. 4. Section 203 of the Economic Stabilization Act of 1970 is . amended by adding at the end thereof the following new subsection: "(j) Nothing in this title may be construed to authorize or require the withholding or reservation of any obligational authority provided by law 01- of any funds appropriated under such authority.'' DEFINITION OF WAGES A N D SALARIES

404^, "oT. ^°^'

SEC. 5. Section 203(g) of the Economic Stabilization Act of 1970 is amended to read as follows: " (g) For the purposes of this title, the term 'wages' and 'salaries' do not include reasonable contributions by any employer pursuant to a compensation adjustment for— "(1) any pension, profit sharing, or annuity and savings plan which meets the requirements of section 401(a), 404(a)(2), or ^03 (b) of the Internal Revenue Code of 1954; " (2) any group insurance plan; or "(3) any disability and health plan: unless the President determines that the contributions for such purposes made by any such employer are unreasonably inconsistent with the standards for wage, salary, and price increases issued under subsection (b) or under any other provision of this title. Employees in all industries subject to controls under this title shall be treated equally for purposes of this title." r U B L I C DISCLOSURE

85 Stat. 747.

SEC, 6. Section 205 of the Economic Stabilization Act of 1970 is amended— (1) by striking "All" and inserting in lieu thereof " (a) Except as provided in subsection (b), all"; and (2) by adding at the end thereof the following new subsection: "(b)(1) Any business enterprise subject to the reporting requirements under section 130.21 (b) of the regulations of the Cost of Living Council in effect on January 11, 1973, shall make public any report

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 87 STAT. ]

PUBLIC LAW 93-28-APR. 30, 1973

29

(except for matter excluded in accordance with paragraph (2)) so required which covers a period during which that business enterprise charges a price for a substantial product which exceeds by more than 1.5 per centum the price lawfully in effect for such product on January 10, 1973, or on the date twelve months preceding the end of such period, whichever is later. As used in this subsection, the term "Substantial •substantial product' means any single product or service which ^'^° "'^ ' accounted for 5 per centum or more of the gross sales or revenues of a business enterprise in its most recent full fiscal year. "(2) A business enterprise may exclude from any report made public pursuant to paragraph (1) any information or data reported to the Cost of Living Council, proprietary in nature, which concerns or relates to the amount or sources of its income, profits, losses, costs, oiexpenditures but may not exclude from such report, data, or information, so reported, which concerns or relates to its prices for goods and services. "(3) Immediately upon enactment of this subsection, the President or his delegate shall issue regulations defining for the purpose of this subsection what information or data are proprietary in nature and ' - ;.; therefore excludable under paragraph (2), except that such regula' " tions may not define as excludable any information or data which cannot currently be excluded from public annual reports to the Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 by a business enterprise is use 78m, exclusively engaged in the manufacture or sale of a substantial product ^*^' as defined in paragraph (1). Such regulations shall define as excludable any information or data which concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of the business enterprise." AGENCY HEARINGS

SEC. 7. Section 207(b) of the Economic Stabilization Act of 1970 is ^s stau ^74j^. amended by striking out the period at the end thereof and inserting note, the following in lieu thereof: ": Provided, That such agency shall issue no order which has the effect of reducing wages, or salaries m .j.,_- .. effect, or proposed to be put into effect, in an appropriate employee unit unless such order is made on the record after opportunity for a hearing. Not less than thirty days after issuance of such an order a statement of explanation shall be directed to the affected parties and made available to the public. Such statement shall include a full explanation of the reasons why the existing wage or salary, or pro,.,. posed wage or salary adjustment, does not meet the requirements of ' * or the standards established by the regulations prescribed by the agency." EXTENSION OF ACT

SEC. 8. Section 218 of the Economic Stabilization Act of 1970 is amended by striking out "April 30, 1973" and "May 1, 1973" and inserting in lieu thereof "April 30, 1974" and "May 1, 1974", respectively. Approved April 30, 1973.

^^ ^*^*- ^^2.

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 30

PUBLIC LAW 93-29-MAY 3, 1973

[87 STAT.

Public Law 93-29 May 3, 1973 1^^' ^^^ -

AN ACT To strengthen and improve the Older Americans Act of 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Older Americans United States of America in Congress assembled, That this Act may be se°rvrcesAme''i^d- citcd Rs the "Older Americans Comprehensive Services Amendments ments of 1973.

of 1973".

TITLE I—DECLARATION OF OBJECTIVES riNDIXGS AND PURPOSES

79 sta^- ^218.

42 USC 3001 note

42 USC 3001.

SEC. 101. The Congress finds that millions of older citizens in this Nation are sutiering unnecessary harm from the lack of adequate services. I t is therefore the purpose of this Act, in support of the objectives of the Older Americans Act of 1965, to— (1) make available comprehensive programs which include a full range of health, education, and social services to our older citizens who need them, (2) give full and special consideration to older citizens with special needs in planning such programs, and, pending the availability of such programs for all older citizens, give priority to the elderly with the greatest economic and social need, (3) provide comprehensive programs which will assure the coordinated delivery of a full range of essential services to our older citizens, and, where applicable, also furnish meaningful employment opportunities for many individuals, including older persons, young persons, and volunteers from the community, and (4) insure that the planning and operation of such programs will be undertaken as a partnership of older citizens, community agencies, and State and local governments, with appropriate assistance from the Federal Government. gj;c. 102. Section 101(8) of the Older Americans Act of 1965 is amended by inserting after "services" the following: ", including access to low-cost transportation,". TITLE II — ADMINISTRATION ON A G I N G

42 USC 3011.

g^c. 201. (a) Section 201 of the Older Americans Act of 1965 is amended to read as follows: "ESTABLISHMENT OF ADMINISTRATION ON AGING

"SEC. 201. (a) There is established in the Office of the Secretary an Administration on Aging (hereinafter in this Act referred to as the 'Administration') which shall be headed by a Commissioner on Aging (hereinafter in this Act referred to as the 'Commissioner'). Except for title VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973, the Administration shall be the principal agency for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Office of the. Secretary. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the Congress. Such delegation is effective at the end of the first period of sixty calen-

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31

dar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to i t: Provided, Jioivever, That within thirty days of such transmittal, the Secretary shall consult with tile Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. Under provisions contained in a reorganization plan, a provision of the plan may be effective. Presidential " (b) The Commissioner shall be appointed by the President by appointment. and with the advice and consent of the Senate." (b)(1) Section 202(4) of the Older Americans Act of 1965 is ^^si^^°2io amended to read as follows: 42 USC" 3 012 "(4) develop plans, conduct and arrange for research in the field of aging, and assist in the establishment of and carry out ' programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services;" (2) Section 202 of the Older Americans Act of 1965 is amended by striking out "and" at the end of paragraph (7), by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraphs: "(9) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this Act; "(10) provide for the coordination of Federal programs and '" activities related to such purposes; "(11) coordinate, and assist in, the planning and development by public (including Federal, State, and local agencies) and nonprofit private organizations of programs for older persons, with a view to the establishment of a nationwide network of comprehensive, coordinated services and opportunities for such persons; "(12) convene conferences of such authorities and officials of public (including Federal, State, and local agencies) and nonprofit private organizations concerned with the development and operation of programs for older persons as the Commissioner deems necessary or proper for the development and implementation of policies related to the purposes of this Act; "(13) develop and operate programs providing services and opportunities as authorized by this Act which are not otherwise provided by existing programs for older persons; "(14) carry on a continuing evaluation of the programs and activities related to the purposes of this Act, with particular attention to the impact of medicare and medicaid, the Age Dis81 Stat. 602. crimination Act of 1967, and the programs of the National Hous29 ing Act relating to housing for the elderly and the setting of note. u s e 621 standards for the licensing of nursing homes, intermediate care 48 Stat. 124 6 12 USC 1701 homes, and other facilities providing care for older people; and note. "(15) provide information and assistance to private nonprofit organizations for the establishment and operation by them of programs and activities related to the purposes of this Act; and "(16) develop, in coordination with other agencies, a national plan for meeting the needs for trained personnel in the field of

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Ante, p. 31.

79 Stat. 220. 42 USC 3011,

[87 STAT.

aging, and for training persons for carrying out programs related to the purposes of this Act, and conduct and provide for the conducting of such training." (3) Section 202 of the Act (as amended by the preceding provisions of this subsection) is further amended by inserting ' ' (a) " after "SEC. 202."', and by adding at the end thereof the following new subsection: "(b) I n executing his duties and functions under this Act and carrying out the programs and activities provided for by this Act, the Commissioner, in consultation with the Director of Action, shall take all possible steps to encourage and permit voluntary groups active in social services, including youth organizations active at the high school or college levels, to participate and be involved individually or through representative groups in such programs or activities to the maximum extent feasible, through the performance of advisory or consultative functions, and in other appropriate ways." (c) Title II of the Older Americans Act of 1965 is further amended by adding at the end thereof the following new sections: U

FEDERAL AGENCY COOPERATION

"SEC. 203. Federal agencies proposing to establish programs substantially related to the purposes of this Act shall consult with the Administration on Aging prior to the establishment of such services, and Federal agencies administering such programs shall cooperate with the Administration on Aging in carrying out such services. " THE N A T I O N A L INFORMATION A N D R E S O U R C E CLEARING HOUSE FOR

THE AGING

Establishment.

Post, p. 38.

Post. p. 41.

"SEC. 204. (a) The Commissioner is authorized and directed to establish and operate a National Information and Resource Clearing House for the Aging which shall— "(1) collect, analyze, prepare, and disseminate information related to the needs and interests of older persons; "(2) obtain information concerning older persons from public and private agencies and other organizations serving the needs and interests of older persons and furnish, upon request, information to such agencies and organizations, including information developed by Federal, State, and local public agencies with respect to programs of such agencies designed to serve the needs and interests of older persons; "(3) encourage the establishment of State and local information centers and provide technical assistance to such centers, including sources established under section 304(c)(3) and section 305(a)(7), to assist older persons to have ready access to information; and "(4) carry out a special program for the collection and dissemination of information relevant to consumer interests of older* persons in order that such older persons may more readily obtain information concerning goods and services needed by them. " (b) The Commissioner shall take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with lespect to the collection, preparation, and dissemination of information relevant to older persons. To the extent practicable, the Commissioner shall carry out his functions under this subsection through the National Information and Resource Clearing House for the Aging.

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"(c) There are authorized to be appropiiated to carry out the purposes of this section during the fiscal year ending June 80, 1973, the fiscal year endin<»; June 30, 1974, and the fiscal year ending June 30, 1975, such sums as may be necessary.

33 Appropriation.

FEDERAL C O U N C I L ON T J I E AGING

"SEC. 205. (a) There is established a Federal Council on the Aging to be composed of fifteen member's appointed by the President with the advice and consent of the Senate for terms of three years without regard to the provisions of title 5, United States Code. Members shall be appointed so as to be representative of older xVmericans, national organizations with an interest in aging, business, labor, and the general public. At least five of the members shall themselves be older persons. " (b)(1) Of the members first appointed, five shall be appointed for a term of one year, five shall be appointed tor a term of two yeai"S, and five shall be appointed for a term of three years, as designated by the President at the time of appointment. " (2) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have taken office. "(3) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner by which the original appointment was made. "(4) Members of the Council shall, while serving on business of the Council, be entitled to receive compensation at a rate not to exceed the daily rate specified for grade GS-18 in section 5332 of title 5, United States Code, including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 570'3 (b) of title 5, United States Code, for persons in the Government service employed intermittently. "(c) The President shall designate the Chairman from among the members appointed to the Council. The Council shall meet at the call of the Chairman but not less often than four times a year. The Secretary and the Commissioner on Aging shall be ex officio members of the Council. " (d) The Council shall— "(1) advise and assist the President on matters relating to the special needs of older Americans; "(2) assist the Commissioner in making the appraisal of needs required by section 402; " (3) review and evaluate, on a continuing basis. Federal policies regarding the aging and programs and other activities affecting the aging conducted or assisted by all Federal departments and agencies for the purpose of appraising their value and their impact on the lives of older Americans; and "(4) serve as a spokesman on behalf of older Americans by making recommendations to the President, to the Secretary, the Commissioner, and to the Congress with respect to Federal policies regarding the aging and federally conducted or assisted programs and other activities relating to or affecting them; "(5) inform the public about the problems and needs of the aging, in consultation with the National Information and Resource 22-150 0 - 7 5 - 5

Establishment; membership.

80 Stat. 3 7 8. 5 USC 101 et seq.

Appointments.

Vacancies.

Compensation, travel e x p e n s e s.

5 USC 5332 note.

80 Stat. 499; 83 Stat. 190. Chairman. Meetings.

Duties.

Post,

p. 45.

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Information, availability. Report to P r e s i dent, transmittal to C o n g r e s s.

Benefit programs, study. Report to Congre s s.

Tax impact on elderly, study. Report to Cong r e s s and States.

State allotment formulae, study. Post, p. 37. Post, p. 3 6. Report to HEW and c o n g r e s s i o n a l committees.

PUBLIC LAW 93-29-MAY 3, 1973

[87 STAT.

Clearing House for the Aging, by collecting and disseminating information, conducting or commissioning studies and pub]ishing the results thereof, and by issuing jmblications and I'eports; and "(6) provide public forums for discussing-and publicizing the problems and needs of the aging and obtaining information relating thereto by conducting public hearings, and by conducting or sponsoring conferences, workshops, and other such meetings. "(e) The Secretary and the Commissioner shall make available to the Council such staff, information, and other assistance as it may I'equire to c any out its activities. "(f) J^eginning with the year- 1974 the Council shall make such interim reports as it deems advisable and an annual report of its findings and recommendations to the President not later than March 31 of each year. The President shall transmit each such report to the Congress together with his comments and recommendations. " (g) The Council shall undertake a study of the interrelationships of benefit programs for the elderly operated by Federal, State, and local government agencies. Following the completion of this study, but no later than eighteen months after enactment of this Act, the President shall submit to Congress recommendations for bringing about greater uniformity of eligibility standards, and for eliminating the negative impact that one program's standards may have on another. " (h) The Council shall undertake a study of the combined impact of all taxes on the elderly—including but not limited to income, property, sales, social security taxes. Upon completion of this study, but no later than eighteen months after enactment of this Act, the President shall submit to Congress, and to the Governor and legislatures of the States, the results thereof and such recommendations as he deems necessary. " (i) The Council shall undertake a study or studies concerning the effects of the formulae specified in section 303 for allotment among the States of sums appropriated for area planning and social service programs authorized under title III of this Act. Upon completion of this study, but no later than January 1, 1975, the results of such study, together with recommendations for such changes, if any, in such formulae as may be determined to be desirable, and the justification for any changes recommended, shall be submitted to the Commissioner, the Secretary of Health, Education, and Welfare, the Committee on Labor and Public Welfare of the Senate, and the Committee on Education and Labor of the House of Representatives. nADMINISTRATION

OF THE

ACT

"SEC. 206. (a) In carrying out the purposes of this Act, the Commissioner is authorized to: "(1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations; "(2) provide short-term training and technical instruction; " (3) conduct research and demonstrations; "(4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this Act; and "(5) provide staff and other technical assistance to the Federal Council on the Aging. " (b) In administering his functions under this Act, the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and is authorized to pay therefor, in

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advance or by way of reimbursement, as may be provided in the agreement. "(c) For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.

35

Appropriation,,

"EVALUATION

"SEC. 207. (a) The Secretary shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. " (b) The Secretary may not make grants or contracts under section 308 or title IV of this Act until he has developed and published general standards to be used by him in evaluating the programs and projects assisted under such section or title. Results of evaluations conducted pursuant to such standards shall be included in the reports required by section 208. "(c) I n carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects. " (d) The Secretary shall annually publish summaries of the results of evaluative research and evaluation of program and project impact and effectiveness, the full contents of which shall be available to Congress and the public. "(e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. "(f) Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the executive branch. " (g) The Secretary is authorized to use such sums as may be required, but not to exceed 1 per centum of the funds appropriated under this Act, or $1,000,000 whichever is greater, to conduct program and project evaluations (directly, or by grants or contracts) as reqiiired by this title. I n the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriated therefor) shall be reduced accordingly.

Post, 45.

p p. 44,

"REPORTS

'208. Not later than one hundred and twenty days after the Report to Pre siclose of each fiscal year, the Commissioner shall prepare and submit to f ®'^' ""ansmittai the President for transmittal to the Congress a full and complete report on the activities carried out under this Act. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year. "'SEC.

u JOINT F U N D I N G OF PROJECTS

"SEC. 209. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in

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[87 STAT.

administering the funds provided. I n such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. "ADVANCE FUNDING

86 s^a!: 88. 42 USC 3051.

"SEC. 210. (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. " (b) I n order to effect a transition to the advance funding method of timing appropriation action, the amendment made by subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year." SEC. 202. Title VIII of the Older Americans Act of 1965 is hereby repealed. TITLE III—GRANTS FOR S T A T E AND A R E A P R O G R A M S

^L^^^\'no^''

83> o t s t * I U8« 42 USC 3 021

SEC. 301. The Older Americans Act of 1965 is amended by striking <^ut title III and inserting in lieu thereof the following new title: ^

" TITLE III—GRANTS FOR S T A T E A N D COMMUNITY P R O G R A M S ON A G I N G PURPOSE

"SEC. 301. I t is the purpose of this title to encourage and assist State and local agencies to concentrate resources in order to develop greater capacity and foster the development of comprehensive and coordinated service systems to serve older persons by entering into new cooperative arrangements with each other and with providers of social services for planning for the provision of, and providing, social services and, where necessary, to reorganize or reassign functions, in order to— "(1) secure and maintain maximum independence and dignity in a home environment for older persons capable of self-care with appropriate supportive services; and " (2) remove individual and social barriers to economic and personal independence for older persons. uDEFINITIONS

"SEC. 302. For purposes of this title— " (1) The term 'social services' means any of the following services which meet such standards as the Commissioner may prescribe: " (A) health, continuing education, welfare, informational, recreational, homemaker, counseling, or referral services; " (B) transportation services where necessary to facilitate access to social services; " (C) services designed to encourage and assist older persons to use the facilities and services available to them; " (D) services designed to assist older persons to obtain adequate housing;

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Summa Theologiae/Second Part of the Second Part/Question 127

Question. 127 - OF DARING [*Excessive daring or foolhardiness] (TWO ARTICLES)
We must now consider daring; and under this head there are two points of inquiry:

(1) Whether daring is a sin?

(2) Whether it is opposed to fortitude?

Art. 1 - Whether daring is a sin?
Objection 1: It seems that daring is not a sin. For it is written (Job 39:21) concerning the horse, by which according to Gregory (Moral. xxxi) the godly preacher is denoted, that "he goeth forth boldly to meet armed men [*Vulg.: 'he pranceth boldly, he goeth forth to meet armed men']." But no vice redounds to a man's praise. Therefore it is not a sin to be daring.

Objection 2: Further, according to the Philosopher (Ethic. vi, 9), "one should take counsel in thought, and do quickly what has been counseled." But daring helps this quickness in doing. Therefore daring is not sinful but praiseworthy.

Objection 3: Further, daring is a passion caused by hope, as stated above (FS, Q[45], A[2]) when we were treating of the passions. But hope is accounted not a sin but a virtue. Neither therefore should daring be accounted a sin.

On the contrary, It is written (Ecclus. 8:18): "Go not on the way with a bold man, lest he burden thee with his evils." Now no man's fellowship is to be avoided save on account of sin. Therefore daring is a sin.

I answer that, Daring, as stated above (FS, Q[23], A[1]; Q[55]), is a passion. Now a passion is sometimes moderated according to reason, and sometimes it lacks moderation, either by excess or by deficiency, and on this account the passion is sinful. Again, the names of the passions are sometimes employed in the sense of excess, thus we speak of anger meaning not any but excessive anger, in which case it is sinful, and in the same way daring as implying excess is accounted a sin.

Reply to Objection 1: The daring spoken of there is that which is moderated by reason, for in that sense it belongs to the virtue of fortitude.

Reply to Objection 2: It is praiseworthy to act quickly after taking counsel, which is an act of reason. But to wish to act quickly before taking counsel is not praiseworthy but sinful; for this would be to act rashly, which is a vice contrary to prudence, as stated above (Q[58], A[3]). Wherefore daring which leads one to act quickly is so far praiseworthy as it is directed by reason.

Reply to Objection 3: Some vices are unnamed, and so also are some virtues, as the Philosopher remarks (Ethic. ii, 7; iv, 4,5,6). Hence the names of certain passions have to be applied to certain vices and virtues: and in order to designate vices we employ especially the names of those passions the object of which is an evil, as in the case of hatred, fear, anger and daring. But hope and love have a good for this object, and so we use them rather to designate virtues.

Art. 2 - Whether daring is opposed to fortitude?
Objection 1: It seems that daring is not opposed to fortitude. For excess of daring seems to result from presumption of mind. But presumption pertains to pride which is opposed to humility. Therefore daring is opposed to humility rather than to fortitude.

Objection 2: Further, daring does not seem to call for blame, except in so far as it results in harm either to the daring person who puts himself in danger inordinately, or to others whom he attacks with daring, or exposes to danger. But this seemingly pertains to injustice. Therefore daring, as designating a sin, is opposed, not to fortitude but to justice.

Objection 3: Further, fortitude is concerned about fear and daring, as stated above (Q[123], A[3]). Now since timidity is opposed to fortitude in respect of an excess of fear, there is another vice opposed to timidity in respect of a lack of fear. If then, daring is opposed to fortitude, in the point of excessive daring, there will likewise be a vice opposed to it in the point of deficient daring. But there is no such vice. Therefore neither should daring be accounted a vice in opposition to fortitude.

On the contrary, The Philosopher in both the Second and Third Books of Ethics accounts daring to be opposed to fortitude.

I answer that, As stated above (Q[126], A[2]), it belongs to a moral virtue to observe the rational mean in the matter about which it is concerned. Wherefore every vice that denotes lack of moderation in the matter of a moral virtue is opposed to that virtue, as immoderate to moderate. Now daring, in so far as it denotes a vice, implies excess of passion, and this excess goes by the name of daring. Wherefore it is evident that it is opposed to the virtue of fortitude which is concerned about fear and daring, as stated above (Q[122], A[3]).

Reply to Objection 1: Opposition between vice and virtue does not depend chiefly on the cause of the vice but on the vice's very species. Wherefore it is not necessary that daring be opposed to the same virtue as presumption which is its cause.

Reply to Objection 2: Just as the direct opposition of a vice does not depend on its cause, so neither does it depend on its effect. Now the harm done by daring is its effect. Wherefore neither does the opposition of daring depend on this.

Reply to Objection 3: The movement of daring consists in a man taking the offensive against that which is in opposition to him: and nature inclines him to do this except in so far as such inclination is hindered by the fear of receiving harm from that source. Hence the vice which exceeds in daring has no contrary deficiency, save only timidity. Yet daring does not always accompany so great a lack of timidity, for as the Philosopher says (Ethic. iii, 7), "the daring are precipitate and eager to meet danger, yet fail when the danger is present," namely through fear.


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" (E) services designed to assist older persons in avoiding institutionalization, including preinstitutionalization evaluation and screening, and home health services; or " (F) any other services; if such services are necessary for the general welfare of older persons. "(2) The term 'unit of general purpose local government' means (A) a political subdivision of the State whose authority is broad and general and is not limited to only one function or a combination of related functions, or (B) an Indian tribal organization. "(3) The term 'comprehensive and coordinated system' means a system for providing all necessary social services in a manner designed to— " (A) facilitate accessibility to and utilization of all social services provided within the geographic area served by such system by any public or private agency or organization; " (B) develop and make the most efficient use of social services in meeting the needs of older persons; and " (C) use available resources efficiently and with a minimum of duplication. u AREA P L A N N I N G A N D SOCIAL SERVICE PROGRAMS

"SEC. 303. (a) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, $103,600,000 for the fiscal year ending June 30, 1974, and $130,000,000 for the fiscal year ending June 30, 1975, to enable the Commissioner to make grants to each State with a State plan approved under section 305 (except as provided in section 307(a)) for paying part of the cost (pursuant to subsection (e) of this section and section 306) of— " (1) the administration of area plans by area agencies on aging designated pursuant to section 3 0 4 (a)(2)(A), including the preparation of area plans on aging consistent with section 304(c) and the evaluation of activities carried out under such plans; " (2) the development of comprehensive and coordinated systems for the delivery of social services; and " (3) activities carried out pursuant to section 306. " (b)(1) From the sums authorized to be appropriated for the fiscal year ending June 30, 1973, under subsection (a) of this section, (A) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount equal to one-fourth of 1 per centum of such sum, (B) each other State shall be allotted an amount equal to one-half of 1 per centum of such sum, and (C) from the remainder of the sum so appropriated, each State shall be allotted an additional amount which bears the same ratio to such remainder as the population aged sixty or over in such State bears to the population aged sixty or over in all States. "(2) From the sums appropriated for the fiscal year ending June 30, 1974, and for the fiscal year ending June 30, 1975, each State shall be allotted an amount which bears the same ratio to such sums as the population aged sixty or over in such State bears to the population aged sixty or over in all States, except that (A) no State shall be allotted less than one-half of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted no less than one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (C) no State shall be allotted an amount

Appropriation.

Allotment.

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