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663

PUBLIC LAW 92-198-DEC. 15, 1971

Public Law 92-198 AN ACT I'll.•iiiieiid title 3^ of the ruitetl ^^tates Code to liberalize the provisions relatins to payment of <lisability and death pension, and for other purposes.

Bt tt enacted by the Senate and House of Representatives of the I irtted states of Amer'ua in Congress assembled, That (a) subsection (b) of section 521 of title 88, United States Code, is amended to read as follows: " (b) If the veteran is unmarried (or married but not living with .'ind not reasonably contributing to the support of his spouse) and has no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $130. For each $1 of amnial income in excess of $300 up to and including $1,000. the monthly rate shall be reduced 3 cents; for each $1 of amiual income in excess of $1,000 up to and including $1,500, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $1,500 up to and including $1,800, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,800 up to and including $2,200, the monthly rate shall be reduced 6 cents; and for each $1 of annual income in excess of $2,200 up to and including $2,600. the monthly rate shall be reduced 7 cents. Xo pension shall IK? paid if annual income exceeds $2,600," (b) Suljsection (c) of such section 521 is amended to read as follows: pension shall be paid according to the following formula: If annual income is $500 or less, the monthly rate of pension shall be $140 for a veteran and one dependent, $145 for a veteran and two dependents, and $150 for three or more dependents. For each $1 of annual income in excess of $500 up to and including $900, the particular monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $900 up to and including $3,200, the monthly rate shall be reduced 3 cents; and for each $1 annual income in excess of $3,200 up to and including $3,800, the monthly rate shall be reduced 5 cents. No pension shall be paid if annual income exceeds $3,800." (c) Subsection (b) of section 541 of title 38, United States Code, is amended to read as follows: " (b) I f there is no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $87. For each $1 of annual income in excess of $300 up to and including $600, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $600 up to and including $1,900, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $1,900 up to and including $2,600, the monthly rate shall be reduced 4 cents. No pension shall be paid if annual income exceeds $2,600." (d) Subsection (c) of such section 541 is amended to read as follows: "' (c) If there is a widow and one child, pension shall be paid according to the following formula: If annual income is $600 or less, the monthly rate of pension shall be $104. For each $1 of annual income in excess of $600 up to and including $1,400, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,400 up to and including $2,700, the monthly rate shall be reduced 2 cents; and for each $1 of annual income in excess of $2,700 up to and including $3,800, the monthly rate shall be reduced 3 cents. Whenever the
 * '(c) If the veteran is married and living with or reasonably contributing to the support of his spouse, or has a child or children,

December IS, 1971 [H. R. 116S1]

Veterans. Disability and death pension, liberalization. 73 Stat, 433; 84 Stat. 1580.

Veterans with dependents.

Widows.

Widow with one child.

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PUBLIC LAW 92-199-DEC. 15, 1971

73 Stat. 435.

81 Stat. 180. Children.

Annual income determinations. 73 Stat. 432; 84 Stat. 1584.

76 Stat. 949. 84 Stat. 1583. 38 USC 521 note.

73 Stat. 436. 38 USC 521 note, 84 Stat. 1584. 81 Stat. 18 2,

Effective date.

[85 STAT.

monthly rate payable to the widow under the foregoing formula is less than the amount which would be payable to the child under section 542 of this title if the widow were not entitled, the widow will be paid at the child's rate. Xo pension shall be paid if the annual income exceeds $3,800." (e) Subsection (d) of such section 541 is amended by striking out "$16" and inserting in lieu thereof "$17". (f) Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "$40" and "$16" and inserting in lieu thereof ' ^ 2 " and "$17", respectively. SEC. 2. Section 503 of title 38, United States Code, is amended by (a) inserting " (a) " immediately preceding " I n " at the beginning of such section, and (b) adding at the end thereof the following new subsections: " (b) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar. "(c) The Administrator may provide by regulation for the exclusion from income under this chapter of amounts paid by a veteran, widow, or child for unusual medical expenses." SEC. 3. Paragraph (2) of section 3012(b) of title 38, United States Code, is amended by striking out "month" and inserting in lieu thereof "calendar year". SEC. 4. Section 4 of Public Law 90-275 (82 Stat. 68) is amended to read as follows: "SEC. 4. The annual income limitations governing payment of pension under the fii*st sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $2,200 and $3,500, instead of $1,900 and $3,200, respectively." SEC. 5. (a) Paragraph (30) of section 101 of title 38, United States Code, is amended by striking the phrase "for ninety days or more". (b) Paragraph (3) of subsection 521(g) of such title 38 is amended by inserting immediately before "World W a r I " the phrase "the Mexican border period or". SEC. 6. This Act shall take effect on January 1, 1972. Approved December 15, 1971.

Public Law 92-199 December 15, 1971

[s. 2248]

Water resources development projects. Feasibility studies.

AN

ACi

To authorize the Secretary of the Interior to engage in certain feasibility investigations.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to engage in feasibility studies of the following potential water resources development projects: (a) North Side Pumping Division Extension, Minidoka project, Jerome and Minidoka Counties, Idaho. (b) Dickinson Unit, Pick-Sloan Missouri River Basin program, North Dakota. (c) Upper J o h n Day project, on the John Day River in Grant and Wheeler Counties, Oregon. (d) A plan to rehabilitate the distribution system of the Red Bluff project, Texas. (e) Rogue River Basin project, Grants Pass Division, Josephine and Jackson Counties, Oregon.

�

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


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665

(f) Central Valley project, Delta Division, Montezuma Hills unit in southern Solano County, California. (g) Gallup project in McKinley, Valencia, and San J u a n Counties in New Mexico. (h) Modification of the Seminoe Dam, Kendrick project, Wyoming. (i) Butte Valley division, Klamath project in the Klamath River Basin, Klamath County, Oregon, and Siskiyou County, California. (j) Billings Municipal Water Supply Unit, Yellowstone Division, Pick-Sloan Missouri River Basin program, Montana. Approved December 15, 1971.

Public Law 92-200 AN ACT December 17, 1971

To amend certain provisions of subtitle II of title 28, District of Columbia Code, relating to interest and usury.

[s. 1938]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the text of District of section 28-3301 of subtitle II of title 28, District of Columbia Code, is ^°ieT c^^eJrproamended to read as follows: tection Act of "Except as otherwise provided in section 28-3308, and chapter 36 of 1971. Stat, 675. 78 this subtitle, the parties to an instrument in writing for the payment of /n/ra." money at a future time may contract therein for the payment of ^° P- ^^^• interest on the principal amount thereof at a rate not exceeding 8 percent per annum." SEC. 2. The text of clause (2) in the first sentence of section 28-3303 of subtitle II of title 28, District of Columbia Code, is amended to read ^^ ^*^*' ^'^^•^ as follows: "(2) in writing, to pay-a greater rate than is permitted under section 28-3301 or 28-3308 or under chapter 36 of this subtitle, the creditor shall forfeit the whole of the interest so contracted to be received." SEC. 3, Chapter 33 of subtitle II of title 28, District of Columbia Code, is amended by adding the following section: D^C^*^" d ^ 2*J "§ 28-3308. Finance charge on direct installment loans ^^°^" (a) On a loan in which the principal does not exceed $25,000 (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by chapter 36 of this subtitle) to be repaid in equal or substantially equal monthly, or other periodic, installments, any federally insured bank or savings and loan association doing business in the District of Columbia may contract for and receive interest at the rate permitted under this chapter or, in lieu of such interest, a finance charge, which, if expressed as an annual percentage rate, does not exceed a rate of lli/^ percent per annum on the unpaid balances of principal. This section does not limit or restrict the manner of contracting for the finance charge, whether by way of discount, add-on or simple interest, so long as the annual percentage rate of the finance charge does not exceed that permitted by this section. "(b) If such installment loan is precomputed.

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Page:United States Statutes at Large Volume 85.djvu/696

 666

PUBLIC LAW 92-200-DEC. 17, 1971

[85 STAT.

"(1) the finance charge may be calculated on the assumption that all scheduled payments will be made when due, and "(2) except as provided in subsection (c), upon prepayment in full of the unpaid balance of a precomputed direct installment loan, refinancing, or consolidation, an amount not less than the unearned portion of the finance charge calculated according to this section shall be rebated to the debtor. If the rebate otherwise required is less than $1, no rebate need be made. "(c) Upon prepayment in full of such direct installment loan other than a refinancing or consolidation, whether or not precomputed, the lender may collect or retain a minimum charge within the limits stated in this section if the finance charge earned at the time of prepayment is less than any minimum charge contracted for. The minimum charge may not exceed the smaller of the following: (1) the amount of the finance charge contracted for, or (2) $5 in a transaction which had a principal of $75 or less, or $7.50 in a transaction which had a principal of more than $75. " (d) The unearned portion of the finance charge is a fraction of the finance charge of which the numerator is the sum of the periodic balances scheduled to follow the computational period in which the prepayment occurs, and the denominator is the sum of all periodic balances under either the related loan agreement or, if the balance owing resulted from a refinancing or a consolidation, under the related refinancing agreement or consolidation agreement. Definitions. " (e) As uscd in this section, 'finance charge', and 'annual percentage rate' shall have the respective meanings under the provisions of the 84 Stat. 112 6. Truth-in-Leuding Act (82 Stat. 146 et seq.; 15 U.S.C. 1601 et seq.) and the regulations and interpretations thereunder; and 'federally insured bank or savings and loan association' means an insured bank as 64 Stat. 873. defined in section 3 of the Federal Deposit Insurance Act or an 12 USC 1813. 'insured institution' as defined in section 401 of the National Housing 48 Stat. 1255.

Act."

78 sta?. 66?!' S^^' 4- Subtitle II of title 28, District of Columbia Code, is amended D.c. Code 28- by adding at the end thereof the following chapters: "Chapter 36.—DIRECT MOTOR VEHICLE INSTALLMENT LOANS

" c * CQJJ 40901. ' " '

Post, p. 667.

"The provisions of the Act approved April 22, 1960 (Public Law . 8 ^ 3 1, 74 Stat. 69; D.C. Code, 1967 ed., chapter 9 of title 40), covering installment sales of motor vehicles, as amended, and the regulations issued thereunder, shall apply to the extent appropriate to, a direct installment loan, secured by a security interest in a motor vehicle, made by a federally insured bank or savings and loan association doing business in the District of Columbia, subject to section 28-3602.
 * § 28-5601. Direct motor vehicle installment loans

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PUBLIC LAW 92-200-DEC. 17, 1971

"§ 28-3602. Finance charge "Such a bank or savings and loan association may contract for and receive interest at the rate provided for in chapter 33 or, in lieu of such interest, a finance charge which, if expressed as an annual percentage rate, does not exceed a rate of 111^ percent per annum on the unpaid balances of principal. "§2&-3603. Definitions "As used in this chapter, 'finance charge' and 'annual percentage rate' shall have the respective meanings under the provisions of the Truth-in-Lending Act (82 Stat. 146 et seq.; 15 U.S.C. 1601 et seq.) and the regulations and interpretations thereunder; and 'federally insured bank or savings and loan association' means an insured bank as defined in section 3 of the Federal Deposit Insurance Act or an 'insured institution' as defined in section 401 of the National Housing JCt.

667

^"'*' P- ^^5.

84 Stat. ii26. 64 Stat. 873. ^ "^^ "^S stat 1255. 12 USC 1724.

"Chapter 37.—REVOLVING CREDIT ACCOUNTS "§28-3701. Definitions "As used in this chapter— "(1) 'revolving credit account' means an arrangement between a seller or financial institution and a buyer pursuant to which (A) the seller may permit the buyer to purchase goods or services on credit either from the seller or by use of ia credit card or other device, whether issued by the seller or a financial institution, (B) the unpaid balances of amounts financed arising from purchases and the credit service and other appropriate charges are debited to an account, (C) a credit service charge if made is not precomputed but is computed on an outstanding unpaid balance of the buyer's account from time to time, and (D) the buyer has the privilege of paying the balances in full or in installments. "(2) 'credit service charge' means the sum of (A) all charges payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges which are applicable: time price differential, service, carrying or other charge, however denominated, premium or other charge for any guarantee or insurance protecting the seller against the buyer's default or other credit loss; (B) charges incurred for investigating the collateral or credit-worthiness of the buyer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted. " (3) 'seller' means a person engaged in the District of Columbia in the business of selling goods or services to retail buyers. " (4) 'buyer' means a person who buys goods or obtains services

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Page:United States Statutes at Large Volume 85.djvu/698

 668

64 Stat. 873. 12 USC 1813.

PUBLIC LAW 92-200-DEC. 17, 1971

[85 STAT.

from a seller pursuant to a retail credit sale and not principally for the purpose of resale; and includes a person who enters into a prior agreement with a financial institution whereby the latter agrees to pay the debts of the buyer as they accrue at various retail sellers, designated by the financial institution, in consideration of the buyer paying to the financial institution the cash sales price plus the credit service charge on the purchase. "(5) 'person' includes any individual, partnership, corporation, association, trust, joint stock company, or any other group of persons however organized. "(6) 'financial institution' means a person who enters into an agreement with a buyer whereby the former agrees to extend credit to the buyer and to apply it as directed by the buyer pursuant to a credit card issued to the buyer by the financial institution; and this term includes any federally insured bank as defined in section 3 of the Federal Deposit Insurance Act doing business ij^ tj^^ District of Columbia. " (a) The seller or financial institution may contract for the payment by the buyer of a credit service charge not exceeding that permitted by this section. "(b) A credit service charge may be made in each billing cycle. For the purpose of computing the outstanding balance subject to the credit service charge, (1) the outstanding balance on any day shall consist of an amount which shall not exceed the sum of the total charges to the account less the amounts paid or credited to the account prior to such day, or (2) the outstanding balance may be computed by the average daily balance method. The credit service charge may also be computed for all outstanding balances within a range of not in excess of $10 on the basis of the median amount within such range if as so computed such credit service charge is applied to all outstanding balance within such range. "(c) If the billing cycle is monthly, the charge may not exceed V^ percent of that part of the outstanding balance which is $500 or less and 1 percent on that part of this amount which is more than $500. If the billing cycle is not monthly, the maximum charge is that percentage which bears the relation to the applicable monthly percentage as the number of days in the billing cycle bears to thirty. For the purposes of this section, a variation of not more than four days from month to month is 'the same day of the billing cycle'. "Chapter 38.—CONSUMER PROTECTIONS "§28-3801. Scope—Limitation on agreements and practices "This (ihapter applies to actions to enforce rights arising from a consumer credit sale or a direct installment loan.
 * § 28-3702. Amount and computation of credit service charge

�


text:
Provincial Government Act, 1986/Versions

Various versions of the ../, exist: Except for section 20, it was repealed on 27 April 1994 by the Constitution of the Republic of South Africa, 1993.
 * as enacted on 27 June 1986 and as came into force on 1 July of that year.
 * as amended on 8 July 1987 by the Constitutional Laws Amendment Act, 1987.
 * as amended on 15 April 1988 by the Constitutional Laws Amendment Act, 1988.
 * as amended on 22 May 1991 by the Provincial Matters Amendment Act, 1991.


text:
Page:United States Statutes at Large Volume 85.djvu/699

 85 STAT.]

PUBLIC LAW 9 2 - 2 0 0 - D E C. 17, 1971

669

"§28-3802. Definitions "As used in this chapter— "(1) 'revolving credit account' means a revolving credit account as defined in section 28-3701 of this subtitle. ^"'*' P- ^^''' "(2) 'consumer credit sale' means a sale of goods or services in which— " (A) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind; " (B) the buyer is a natural person; " (C) the goods or services are purchased primarily for a personal, family, household, or agricultural purpose; " (D) either the debt is payable in installments or a finance ,^ ^ ^.., charge is made; and " (E) the amount financed does not exceed $25,000. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. "(3) 'direct installment loan' means a direct installment loan as that term is used in section 28-3308 of this subtitle and does ^"'*' P- ^^5not include a loan secured on real estate or a direct motor vehicle Ante, p. 666, installment loan covered by chapter 36 of this subtitle. " (4) 'cross collateral' means an arrangement wherein a seller in a 'consumer credit sale' secures a debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as a security for the previous debt. "With respect to a consumer credit sale or direct installment loans except for revolving credit accounts: "(1) No creditor shall at any time enter into an agreement which contains or anticipates a schedule of payments under which any one payment is not equal or substantially equal to all other payments, excluding any final payment which is less than the average of previous payments or any down payment received by the creditor contemporaneously with or prior to the consummation of the transaction, or under which the intervals between any consecutive payments differ substantially. "(2) Notwithstanding any provision of this section, where a consumer's livelihood is dependent upon seasonal or intermittent income, the parties may agree in a separate writing that one or more payments or the intervals between one or more payments may be reduced or expanded in accordance with the needs of the consumer if such payments are expressly related to the consumer's income. The separate writing shall contain a conspicuous notice directly above the signature line stating: ' I waive my right to have all payments to be made under this agreement in substantially equal amounts'. "(3) I n the event that the provisions of paragraph (2) apply, the consumer shall have the right at any time, without further cost or obligation, to revise the schedule of payments to conform both as to amounts and intervals to the average of all installments and intervals.
 * § 28-3803. Balloon payments

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Page:United States Statutes at Large Volume 85.djvu/700

 670

Post, p. 675.

Ante. p. 667.

PUBLIC LAW 92-200-DEC. 17, 1971

[85 STAT.

judgment prohibited " (a) A creditor may not take an assignment of earnings of the consumer for payment or as security for payment of an ooligation arising out of a consumer credit sale or direct installment loan. " (b) A creditor may not take or accept from the consumer a warrant or power of attorney or other authorization for the creditor, or other person acting on his behalf, to confess judgment arising out of a consumer' credit sale or direct installment loan. "(c) An a l i g n m e n t of earnings or an authorization in violation of this section is subject to the provisions of section 28-3813 (d)(1) of this subtitle. "§ 28-3805. Debts secured by cross-collateral " (a) If debts arising from tw;o or more consumer credit sales other than salcs pursuant to a revolving charge account (§28-3701), are secured by cross-collateral, or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, paymente received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid. " (b) Payment received by the seller upon a revolving charge are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made. "(c) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt. "With respect to a consumer credit sale or direct installment loans the agreement may provide for the payment by the consumer of reasonable attorney's fees not in excess of 15 per centum of the unpaid balance of the obligation. "§28-3807. Negotiable instruments prohibited " (a) I n a consumer credit sale, no seller shall take or otherwise arrange for the consumer to sign an instrument, except a check, payable 'to order' or 'to bearer' as evidence of the credit obligation of the consumer. " (b) Any holder of an instrument prohibited by subsection (a) of this section 28-3807, if he takes it with knowledge of a violation of this section, takes it subject to all claims and defenses of the consumer u p to the amount owing on the transaction total at the time of the assignment. "§ 28-3808. Assignees subject to defenses " (a) With respect to a consumer credit sale, an assignee of the rights of the seller or lessor is subject to all claims and defenses of the consumer or lessee arising out of the sale notwithstanding any terms or agreements to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time of the assignment.
 * '§ 28-3804. Assignment of earnings and authorization to confess
 * § 28-3806. Attorney's fees

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PUBLIC LAW 92-200-DEC. 17, 1971

" (b) Rights of the consumer or lessee can only be asserted as a matter of defense to or set-off against a claim by the assignee. "§ 28-3809. Lender subject to defenses arising from sales " (a) A lender who makes a direct installment loan for the purpose of enabling a consumer to purchase goods or services is subject to all claims and defenses of the consumer against the seller arising out of the purchase of the goods or service if such lender acts at the express request of the seller, and— "(1) the seller particpates in the preparation of the loan instruments, or "(2) the lender is a person or organization controlled by or under common control with the seller, or "(3) the seller receives or will receive a fee, compensation, or other consideration from the lender for arranging the loan. " (b) The lender's liability under this section may not exceed the amount of the loan. Rights of the debtor can only be asserted affirmatively in an action to cancel and void the sale from its inception, or as a matter of defense to or set-oft' against a claim by the lender. "With respect to a consumer credit sale, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the sellor or lessor in making a sale or lease to another person, if the earning of the rebate, discount, or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them. "§ 28-3811. Home solicitation sales " (a) As used in this section, 'home solicitation sale' means a cash sale or a consumer credit sale of goods, other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at or near a residence of the buyer and the buyer's agreement or offer to purchase is there given to a seller or a person acting for him. I t does not include a sale made pursuant to a preexisting revolving credit account or prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale. " (b) Except as provided in subsection (f), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this section. " (c) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. " (d) Notice of cancellation, if given by mail, is given when it is deposited in a mail box properly addressed and the postage prepaid. "(e) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale. " (f) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and
 * §2&-3810. Referral sales

671

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Page:United States Statutes at Large Volume 85.djvu/702

 672

PUBLIC LAW 92-200-DEC. 17, 1971

[85 STAT.

"(1) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation, and "(2) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer, and " (3) the buyer has signed separately the following notice which appears under the conspicuous caption: ' W A IV E R OF R I G H T TO C A N C E L ' and reads as follows: 'Because of an emergency I waive any right I may have to cancel this home solicitation sale'. " (s)(1) I n a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with paragraph (2) of this subsection. "(2) The statement must— " (A) appear under this conspicuous caption: ' B U Y E R S R I G H T TO CANCEL', and " (B) read as follows: " ' I f this agreement was solicited at or near your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you signed this agreement. The notice must be mailed to: (insert name and address of seller)

If you cancel, the seller may not keep any of your cash down payment.' "(3) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel, " (h)(1) Except as provided in this section, within ten days after a home solicitation sale has been canceled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. A provision permitting the seller to keep all or any part of any payment, note, or evidence of indebtedness is in violation of this section and unenforceable, " (2) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. " (3) The seller is not entitled to retain a cancellation fee, "(4) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recoverv to which he is entitled, "(i)(1) Except as provided by the provisions on retention of goods by the buyer (subsection (h)(4) of this section), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. I f the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty days is presumed to be a reasonable time.

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text:
Provincial Government Act, 1961/Versions

Various versions of the ../, exist: It was repealed on 27 April 1994 by the Constitution of the Republic of South Africa, 1993.
 * as renamed and amended on 3 September 1984 by the Republic of South Africa Constitution Act, 1983; before that date it was known as the Republic of South Africa Constitution Act, 1961.
 * as amended on 2 July 1985 by the Constitutional Affairs Amendment Act, 1985.
 * as amended on 1 July 1986 by the Provincial Government Act, 1986.
 * as amended on 1 April 1987 by the Provincial Government Act, 1986.


text:
Page:United States Statutes at Large Volume 85.djvu/703

 85 STAT. ]

PUBLIC LAW 92-200-DEC. 17, 1971

"(2) The buyer lias a duty.to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk. "(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation. "§ 28-3812. Limitation on creditors' remedies " (a) This section applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, and direct installment loans (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by chapter 36 of title 28, District of Columbia Code); and, in addition, to extortionate extensions of credit. " (b)(1) During the thirty-day period after a default consisting of a failure to pay money the creditor may not because of the default (A) accelerate the unpaid balance of the obligation, (B) bring action against the debtor, or (C) proceed against the collateral. "(2) Unless the creditor has first (A) notified the debtor that he has elected to accelerate the unpaid balance of the obligation because of default, (B) brought action against the debtor, or (C) proceeded against the collateral, the debtor may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure restores the debtor to his rights under the agreement as though the defaults cured had not occurred. "(3) Posting of any notice required by law shall be deemed valid if mailed by certified mail to the debtor's last known address. " (c)(1) The debtor may redeem the collateral from the creditor at any time— " (A) within fifteen dajs of the creditor's taking possession of the collateral, or " (B) thereafter until the creditor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral in satisfaction of the debtor's obligation pursuant to the provisions on disposition of collateral in section 9-505 of subtitle I of title 28, District of Columbia p „ Jp

673

^"'e. P- see.

77 Stat. 7e8.

"(2) The debtor may redeem the collateral by tendering fulfill- 9-505.' ment of all obligations secured by the collateral including reasonable expenses incurred in realizing on the security interest. " (d) Subject to the provisions in this part, the parties may agree that the creditor has the right to take possession of the collateral on default. I n taking possession, a secured party may proceed without judicial process if this can be done without breach of the peace and with consent of the debtor. Those who take the collateral through repossession shall be deemed the agent of the creditor, and the creditor shall be civilly liable for any of the actions of its agents. "(e)(1) This subsection applies to consumer credit sales of goods or services and to direct installment loans secured by interests in goods. "(2) A creditor may not maintain a proceeding for a deficiency unless he has disposed of the goods in good faith and in a commercially reasonable manner. "(3) If the creditor repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest, the consumer is not personally liable to the creditor for the unpaid balance of debt arising from the sale of a commercial unit of goods of which the cash price was $2,000 or less. In that case the creditor is not obligated to resell the collateral unless the consumer has

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^7^stat^j68.^ 9-505.' ° ^ *

j

PUBLIC LAW 92-200-DEC. 17, 1971

[85 STAT.

paid 60 percent or more of the cash price and has not signed after default a statement renouncing his rights in the collateral. "(4) If the creditor takes possession or voluntarily accepts surrender of goods which were not the subject of the sale but in which he has a security interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was $2,000 or less, the debtor is not personally liable to the creditor for the unpaid balance of the debt arising from the sale and the creditor's duty to dispose of the collateral is governed by the provisions on disposition of collateral in section 9-505 of subtitle I of title 28, District of Columbia Code. ''(5) If the creditor takes possession or voluntarily accepts surrender of goods in which he has a security interest to secure a debt arising from a direct installment loan and the net proceeds of the loan paid to or for the benefit of the debtor are $2,000 or less, the consumer is not personally liable to the lender for the unpaid balance of the debt arising from the loan and the lender's duty to dispose of the collateral is governed by the provisions on disposition of collateral in section 9-505 of subtitle I of title 28, District of Columbia Code. " (6) The consumer sihall be liable in damages to the creditor if the debtor has wrongfully damaged the collateral or if, after default and demand, the debtor has wrongfully failed to make collateral available to the creditor. "(7) If the creditor elects to bring an action against the buyer for a debt arising from a consumer credit sale of goods or services, when under this section he would not be entitled to a deficiency judgment if he repossessed the collateral, and obtains judgment— " (A) he may not repossess the collateral, and " (B) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment. " (f)(1) If it is the understianding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes again^ the debtor. "(2) If it is shown that an extension of credit was made at an annual rate exceeding 45 per centum and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under paragraph (1) of this subsection. " (g)(1) With respect to a consumer credit sale, or direct installment loan, if the court as a matter of law finds^— " (A) the agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement, or " (B) any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or may enforce the remainder of the agreement without the unconscionable clause, or may so limit the application of any unconscionable clause as to avoid any unconscionable result. "(2) If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination. "(3) For the purpose of this section, a charge or practice expressly permitted by this section is not in and of itself unconscionable in the absence of other practices and circumstances.

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" (a) The remedies provided by this section shall be liberally administered to the end that the consumer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with this chapter. Except as is otherwise specifically provided where there are willful and repeated violations of this chapter consequential and special damages may be had in lieu of the specific penalties allowed, and in addition punitive damages may be had as indicated. " (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. "(c) 'Transaction total'means— "(1) in the case of transactions pursuant to open end credit plans or consumer credit transactions, the total of the following calculated as if the amount or amounts financed were paid over the maximum period of the plan or, if there is no such period, over twelve months beginning with the next billing cycle or cycles following the transaction or transactions: " (A) the amount financed, plus any down payment or required deposit balance, and " (B) the total finance charge, including any prepaid finance charge; " (2) in the case of other than open end transactions or consumer credit transactions, the total of the following: " (A) the amount financed, plus any down payment or required deposit balance, and " (B) the amount of all precomputed or precomputable finance charge, including any prepaid finance charge. " (d)(1) I n the discretion of the court, a consumer may recover from the person violating this chapter, in addition to the damages the law otherwise allows, 10 percent of the transaction total, if applicable, or $100, whichever is greater, for violations to which this section applies. " (2) This section also applies to all violations for which no other remedy is specifically provided. "(e) If a consumer prevails in a suit brought under this Act, the court may assess reasonable attorney's fees in addition to any other amounts recoverable under this chapter. " (f) Any charge, practice, term, clause, provision, security interest, or other action or conduct which can be shown to be in willful violation of the provisions of this chapter shall confer no rights or obligations enforceable by action. "§ 28-3814. Debt collection " (a) This section only applies to conduct and practices in connection with collection of obligations arising from consumer credit sales, consumer leases, and direct installment loans (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by chapter 36 of title 28). " (b) As used in this section, the term— "(1) 'claim' means any obligation or alleged obligation, arising from a consumer credit sale, consumer lease, or direct installment loan; "(2) 'debt collection' means any action, conduct or practice in connection with the solicitation of claims for collection or in connection with the collection of claims, that are owed or due, or are alleged to be owed or due, a seller or lender by a consumer; and "(3) 'debt collector' means any person engaging directly or indirectly in debt collection, and includes any person who sells or offers to sell forms represented to be a collection system, device, or scheme intended or calculated to be used to collect claims. " (c) No debt collectors shall collect or attempt to collect any money 75-432 O - 72 - 45
 * '§ 28-3813. Consumers'remedies

675

^"'«' p- 666. Definitions.

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[85 STAT.

alleged to be due and owing by means of any threat, coercion, or attempt to coerce in any of the following ways: "(1) the use, or express or implicit threat of use, of violence or other criminal means, to cause harm to the person, reputation, or property of any person; "(2) the accusation or threat to falsely accuse any person of fraud or any crime, or any conduct which, if true, would tend to disgrace such other person or in any way subject him to ridicule, or any conduct which, if true, would tend to disgrace such other person or in any way subject him to ridicule or contempt of society; "(3) false accusations made to another person, including any credit reporting agency, that a consumer has not paid a just debt, or threat to so make such false accusations; " (4) the threat to sell or assign to another the obligation of the consumer with an attending representation or implication that the result of such sale or assignment would be that the consumer would lose any defense to the claim or would be subjected to harsh, vindictive, or abusive collection attempts; and "(5) the threat that nonpayment of an alleged claim will result in the arrest of any person. " (d) No debt collector shall unreasonably oppress, harass, or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another in any of the following ways: "(1) the use of profane or obscene language or language that is intended to unreasonably abuse the hearer or reader; "(2) the placement of telephone calls without disclosure of the caller's identity or with the intent to harass or threaten any person at the called number; and " (3) causing expense to any person in the form of long-distance telephone tolls, telegram fees, or other charges incurred by a medium of communication, by concealment of the true purpose of the notice, letter, message, or communication. "(e) No debt collector shall unreasonably publicize information relating to any alleged indebtedness or debtor in any of the following ways: "(1) the communication of any false information relating to a consumer's indebtedness to any employer or his agent except where such indebtedness has been guaranteed by the employer or the employer has requested the loan giving rise to the indebtedness and except where such communication is in connection with an attachment or execution after judgments as authorized by law; "(2) the disclosure, publication, or communication of false information relating to a consumer's indebtedness to any relative or family member of the consumer unless such person is known to the debt collector to be a member of the same household as the consumer, except through proper legal action or process or at the express and unsolicited request of the relative or family member; "(3) the disclosure, publication, or communications of any information relating to a consumer's indebtedness by publishing or posting any list of consumers, except for the publication and distribution of 'stop lists' to point-of-sale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through proper legal action, process, or proceeding; and "(4) the use of any form of communication to the consumer, which ordinarily may be seen by any other persons, that displays or conveys any information about the alleged claim other than the name, address, and phone number of the debt collector.

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PUBLIC LAW 92-200-DEC. 17, 1971

" (f) No debt collector shall use any fraudulent, deceptive, or misleading representation or means to collect or attempt to collect claims or to obtain information concerning consumers in any of the following ways: "(1) the use of any company name, while engaged in debt collection, other than the debt collector's true company name; " (2) the failure to clearly disclose in all written communications made to collect or attempt to collect a claim or to obtain or attempt to obtain information about a consumer, that the debt collector is attempting to collect a claim and that any information obtained will be used for that purpose; "(3) any false representation that the debt collector has in his possession information or something of value for the consumer, that is made to solicit or discover information about the consumer; " (4) the failure to clearly disclose the name and full business address of the person to whom the claim has been assigned for collection, or to whom the claim is owed, at the time of making any demand for money; "(5) any false representation or implication of the character, extent, or amount of a claim against a consumer, or of its status in any legal proceeding; " (6) any false representation or false implication that any debt collector is vouched for, bonded by, affiliated with or an instrumentality, agent, or official of the District of Columbia or any agency of the Federal or District government; " (7) the use or distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization, or approval; "(8) any representation that an existing obligation of the consumer may be increased by the addition of attorney's fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation; and "(9) any false representation or false impression about the status or true nature of or the services rendered by the debt collector or his business. " (g) No debt collector shall use unfair or unconscionable means to collect or attempt to collect any claim in any of the following ways: "(1) the seeking or obtaining of any written statement or acknowledgment in any form that specifies that a consumer's obligation is one incurred for necessaries of life where the original obligation was not in fact incurred for such necessaries; "(2) the seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been declared bankrupt without clearly disclosing the nature and consequences of such affirmation and the fact that the consumer is not legally obligated to make such affirmation; "(3) the collection or the attempt to collect from the consumer all or any part of the debt collector's fee or charge for services rendered; "(4) the collection of or the attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless such interest or incidental fee, charge, or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the consumer or unless such interest or incidental fee, charge, or expense is expressly authorized by law; and

677

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15 vscieoi

77 Stat. 554.

PUBLIC LAW 92-200-DEC. 17, 1971

[85STAT.

"(5) any communication with a consumer whenever it appears that the consumer has notified the creditor that he is represented by an attorney and the attorney's name and address are known. " (h) No debt collector shall use, or distribute, sell, or prepare for use, any written communication that violates or fails to conform to United States postal laws and regulations. " (i) No debt collector shall take or accept for assignment any of the following: "(1) an assignment of any claim for attorney's fees which have not been lawfully provided for in the writing evidencing the obligation; or "(2) an assignment for collection of any claim upon which suit has been filed or judgment obtained, without the debt collector first making a reasonable effort to contact the attorney representing the consumer. " (j)(l) Proof, by substantial evidence, that a debt collector has willfully violated any provision of the foregoing subsections of this section shall subject such debt collector to liability to any person affected by such violation for all damages proximately caused by the violation. "(2) Punitive damages may be awarded to any person affected by a willful violation of the foregoing subsections of this section, when and in such amount as is deemed appropriate by the court and trier of fact. "§ 28-3815. Administrative enforcement " (a) As used in this section— "(1) 'Commissioner' means the Commissioner of the District of Columbia or his designated agent; " (b) Compliance with the requirements imposed under this chapter shall be enforced by the Commissioner. Nothing contained herein shall be construed to affect the authority and jurisdiction of the respective agencies designated in section 108 of the Truth-in-Lending ^^^^ ^^^ ^*^^- ^^^ ®* ^^''^ ^^ U.S.C. 1601 et seq.). "§ 28-3816. Inconsistent laws: What law governs "If any provision of law or regulation promulgated thereunder is inconsistent with this chapter, this chapter shall govern, unless this chapter or the inconsistent provision of the other laws specifically provides otherwise." §£0. 5. Section 571 of title 16 of the District of Columbia Code is amended to read as follows: "§ lft-571. Definitions "For purposes of this subchapter— "(1) The term 'wages' means compensation paid or payable for per9onal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. "(2) The term 'disposable wages' means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. "(3) The term 'garnishment' means any legal or equitable procedure through which the wages of any individual are required to be withheld for payment of any debt." SEC. 6. The text of clauses (1), (2), and (3), in the first paragraph of section 16-572 of subchapter III of chapter 5 of title 16, District of Columbia Code, is amended to read as follows:

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679

" (1) 25 per centum of his disposable wages that week, or "(2) the amount by which his disposable wages for that week exceed thirty times the Federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) in effect at the time the wages are payable, whichever is less. I n the case of wages for any pay period other than a week, the Commissioner of the District of Columbia shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2)." SEC. 7. Subchapter III of chapter 5 of title 16, District of Columbia Code, is amended by adding the following sections:

so Stat. 838.

^'' Stat. 554. D.C, Code 16"

"§ 16-583. No garnishment before judgment 571. "Notwithstanding any other provision of law, prior to entry of judgment in an action against a debtor, the creditor may not obtain an interest in any property of the debtor by attachment, garnishment, or like proceedings. "§16-584. No discharge from employment for garnishment "No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment." SEC. 8. (a) The analysis of chapter 33 of title 28 of subtitle II, District of Columbia Code, is amended by adding at the end thereof the following new item: "28-3308. Finance charge on direct installment loans."

(b) The analysis of subtitle II of title 28, District of Columbia Code, is amended by adding at the end thereof the following new items: "36. Direct Motor Vehicle Installment Loans "37. Revolving Credit Accounts "38. Consumer Protections

28-3601. 28-3701. 28-3801."

(c) The analysis of subchapter III of chapter 5 of title 16, District of Columbia Code, is amended by adding at the end thereof the following new items: "16-583. No garnishment before judgment. "16-584. No discharge from employment for garnishment."

SEC. 9. (a) The Act of February 4, 1913 (relating to the regulation ^ Money lenders.. ^ of the business of loaning money in the District of Columbia) (D.C. Code, secs. 26-601—26-611), is amended by adding at the end of that 37 Stat. 657; 77 Stat. 344. Act the lollowing: "SEC. 14. (a) No provision of this Act shall apply with respect to any loan, or to the making of any loan— "(1) to any corporation which is unable to plead any statutes against usury in any action; " (2) at a rate of interest which does not exceed the maximum lawf ul rate of interest which would be applicable to such loan but for the provisions of this Act; "(3) secured on real estate located outside of the District of Columbia; "(4) to a borrower residing, doing business, or incorporated outside of the District of Columbia; or " (5) greater than $10,000. " (b) If any provision of this section or the application thereof to any person or circumstance, is held invalid, the remainder of the section, and the application of such provision to other persons or circumstances shall not be affected thereby."

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 680 Effective date.

37 Stat. 657.

Short title.

PUBLIC LAW 92-201-DEC. 18, 1971

[85 STAT.

(b) The amendment made by subsection (a) of this section shall apply with respect to any loan made, or to the making of any loan, in the District of Columbia on or after the effective date of such Act of February 4, 1913 (as specified in section 13 of such Act); except that such amendment shall not apply with respect to any loan made, or to the making of any loan, in the District of Columbia concerning which an action under such Act of February 4, 1913, has been filed in a court of competent jurisdiction on or before November 10, 1971. SEC. 10. This Act may be cited as the "District of Columbia Consumer Credit Protection Act of 1971". Approved December 17, 1971.

Public Law 92-201 December 18, 1971 [H. J. R e s. 1 0 0 5 ]

Continuing a p p r o p r i a t i o n s, 1972. Ante, p. 4 8 5.

Limitation.

JOINT RESOLUTION Making further routiiuiing appropriations for the fiscal year 1972, and for other piirjxtse.s.

Retiolced by the Senate and House of Representatives of the United States of America in Congress assembled. That the joint resohition of .luly 1, 1971 (Public Law 92-38), as amended, is hereby further amended (1) by striking out "December 8, 1971" in clause (c) of section 102 and inserting in lieu thereof "February 22, 1972'"; (2) by "SEC. 108. Notwithstanding any other provision of this joint resolution, obligations incurred hereunder and under prior year balances for the activities hereinafter specified shall not exceed the annual rates specified herein during the period beginning December 9, 1971, and ending February 22, 1972: "Item
 * i mending section 108 to read as follows:

Annual rate T1T1.E I — FOREIGN A S S I S T A N C E ACT

ACTIVIIIES

Economic assistance: "Worldwide, technical assistance $165,272,000 Alliance for Progress, technical assistance 79,105,000 American schools and hospitals abroad 15,000,000 International organizations and programs 41,282, 000 Indus Basin Development Fund, grants 5,000,000 Indus Basin Development Fund, loans 6,000,000 Contingency fund 31,300,000 Refugee relief assistance (East Pakistan) 100,000,000 Alliance for Progress, development loans 226,693,000 Development loans 530,779,000 Administrative expenses, Agency for International Development ____" 47,000,000 Administrative expenses. Department of State 4,280, 000 Military and supporting assistance: Military assistance 522, 500, 000 Supporting assistance 649,721,000 Other: Overseas Private Investment Corporation, reserves 18,750,000

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681

TITLE II — FOREIGN MILITARY CREDIT SALES

Foreign Military Credit Sales

I

400,000, 000

TITLE III — FOREIGN ASSISTANCE

(OTHER)

Peace Corps, salaries and expenses Peace Corps, limitation on administrative expenses— DEPARTMENT OF THE A R M Y — C IV I L

72,000,000 24, 500,000

FUNCTIONS

Ryukyii Islands, Army, administration

4,216,000

DEPARTMENT OF H E A L T H, E D U C A T I O N, A N D W E L F A R E

Assistance to refugees in the United States

139, 000, 000

DEPARTMENT OF STATE

Migration and refugee assistance INTERNATIONAL FINANCIAL

5, 70B, 000 INSTITUTION

Inter-American Development Bank, paid-in c a p i t a l — Inter-American Development Bank, callable capital-_

13,240, 000 136, 760, 000

TITLE IV—EXPORT-IMPORT B A N K

Export-Import Bank, limitation on program activity. 7, 323, 675, 000 Export-Import Bank, limitation on administrative expenses 8,072,000 Provided, That of the amount that may be obligated hereunder for security supporting assistance, not less than a sum computed at the annual rate of $50,000,000 shall be available for obligation for such purpose solely for Israel: Provided further, That, of the sums made available for foreign military credit sales herein, $300,000,000 shall be available for such sales to Israel."; and (3) by adding at the end thereof the following new section: "SEC. 109. Xotwithstanding section 102 of this joint resolution, as amended, (a) administrative operations for emergency school assistance activities for which an appropriation was made in the Office of Education Appropriation Act, 1971, (b) activities in support of Radio Free Europe, Incorporated, and Radio Liberty, Incorporated, pursuant to authority contained in the United States Information and Education Act of 1948, as amended (22 U.S.C. 1437), but no other funds made available under this resolution shall be available for these activities, and (c) activities of the American Revolution Bicentennial Commission, may continue to be conducted at rates for operations not to exceed the fiscal year 1971 rates or the rates provided for in the budget estimates, whichever may be lower, except that notwithstanding section 102 of this joint resolution, as amended, emergency school assistance activities for which an appropriation was made in the Office of Education Appropriation Act, 1971, may continue to be conducted at an annual rate for administrative operations not to exceed the fiscal 3'ear 1971 rate." SEC. 2. This joint resolution shall take effect December 9, 1971. Approved December 18, 1971.

Anfe, pp. 9i, ^^°' ^'^ ^*^** ^°°* « Stat. i4.

Effective date.

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[85 STAT.

Public Law 92-202 AN ACT December 18, 1971

[H. R, 11932]

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1972, and for other purposes.

v e it enacted by the Senate and House of Representatives of the District of United States of America in Congress assembled, That the following Columbia Appropriation Act, 1972. sums are appropriated, out of any money m the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending June 30, 1972, and for other purposes, namely: FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

Ante. p. 654. los! ^*^'* ^°^'

For payment to the following funds of the District of Columbia for the fiscal year ending June 30, 1972: $166,000,000 to the general fund; $2,572,000 to the water fund; and $1,514,000 to the sanitary sewage works fund, as authorized by the District of Columbia Revenue Act of ^947^ ^s amended (D.C. Code, sec. 47-2501 (a); 82 Stat. 612), and the -^^^ ^^ ^ ^ y ^^' ^^^^ (^•^- ^^^^' ^^- 43-1541 and 1611). LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY

For loans to the District of Columbia, as authorized by the Act of D. C. Code 1 December 9, 1969 (83 Stat. 320), the Act of May 18, 1954 (68 Stat. 105, 1441 note. 110), and the Act of June 2, 1950 (64 Stat. 195), $102,086,000, which D. C. Code 431604. together with balances of previous appropriations for this purpose, D!c.*^code 7-133. shall Tcmain available until expended and be advanced upon request of D.C. Code 43- the Commissioner, as follows: To the highway fund, $8,000,000, to the ^5^*°'

w a t e r fund, $6,000,000, to the g e n e r a l fund, $72,486,000, and to the s a n i t a r y sewage w o r k s fund, $15,600,000. COMMISSION O N THE ORGANIZATION OF THE G O V E R N M E N To r THE D I S T R I C T OF C O L U M B I A SALARIES A N D EXPENSES

For expenses necessary to carry out title I of the Act of Septemn'*r?*o*ll^V_ino ^^"^ 2^5 l^'^'O (Public Law 91-405), as amended, establishing the D.C, Code 1-102 Commission on the Organization of the Government of the District note. of Columbia, $425,000, to remain available until expended. DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: GENERAL OPERATING EXPENSES

General operating expenses, $58,757,000, of which $596,700 shall be payable from the highway fund (including $65,900 from the motor vehicle parking account), $90,200 from the water fund, and $65,700 from the sanitary sewage works fund: Provided, That the certificates of the Commissioner (for $2,500) and of the Chairman of the City Council (for $2,500) shall be sufficient voucher for expenditures from this appropriation for such purposes, exclusive of ceremony expenses, as they may respectively deem necessary: Provided further. That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for

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PUBLIC LAW 92-202-DEC. 18, 1971

services as authorized by 5 U.S-C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $1,380,000 of this appropriation (to remain available until expended) shall be available solely for District of Columbia employees' disability compensation: Provided further. That not to exceed $60,000 of this appropriation shall be available for settlement of property damage claims not in excess of $500 each and personal injury claims not in excess of $1,000 each: Provided further. That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioner. PUBLIC

683 ^^ ^^^^* '^^^'

SAFETY

Public safety, including employment of consulting physicians, diagnosticians, and therapists at rates to be fixed by the Commissioner; cash gratuities of not to exceed $75 to each released prisoner; purchase of one hundred and fifty-five passenger motor vehicles for replacement only (including one hundred and forty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year but not in excess of $400 per vehicle for police-type and $600 per vehicle for fire-type use above such limitation); $168,275,000, of which $5,004,600 shall be payable from the highway fund (including $112,000 from the motor vehicle parking account): Provided, That the Police Department and Fire Department are each authorized to replace not to exceed five passenger carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement. EDUCATION^

Education, including provision of insurance, maintenance, and acceptance of not to exceed thirty-one passenger motor vehicles on a loan basis for exclusive use in the driver education program, the development of national defense education programs, $171,517,000, of which $125,100 shall be payable from the highway fund: Provided, That certificates of the following officials shall each be sufficient voucher for expenditures from this appropriation for such purposes as they may respectively deem necessary within the amounts specified: Superintendent of Schools, $1,000; President of the Federal City College, $1,000; President of the Washington Technical Institute, $1,000; and President of District of Columbia Teachers College, $1,000. Section 5533(c) of title 5, United States Code, shall not apply to compensation received by teachers of the public schools of the District of Columbia for employment in a civilian office during the period July 1, 1971, to August 31, 1971. RECREATION

Recreation, $12,611,000. HUMAX

RESOURCES

Human resources, including reimbursement for services rendered to the District of Columbia by Freedmen's Hospital; and care and treatment of indigent patients in institutions, including those under sectarian control, under contracts to be made by the Director of Human

84 Stat. 1195.

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Page:United States Statutes at Large Volume 85.djvu/714

 684

8/stat^*908^^' 42 USC 1396.

D^c^*^code 32321.' '

74 Stat. 21.

PUBLIC LAW 92-202-DEC. 18, 1971

[85 STAT.

Eesoiirces; $182,402,000: Provided, That the inpatient rate and outpatient rate under such contracts, with the exception of Children's Hospital, and for services rendered by Freedmen's Hospital shall not exceed $38 per diem and the outpatient rate shall not exceed $6 per visit; the inpatient rate and outpatient rate for Children's Hospital shall not exceed $40 per diem and $6.75 per visit; and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $21.99 per diem: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from Title X IX of the Social Security Act, shall not exceed the amount for the fiscal year 19T0: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under Title X IX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia without regard to the requirement of one-year residence contained in the District of Columbia Appropriation Act, 1946, under the heading "Operating Expenses, Gallinger Municipal Hospital'', and this appropriation shall also be available to render assistance to such individuals who are temporarily absent from the District of Columbia: Provided further. That the authorization included under the heading "Department of Public Health", in the District of Columbia Appropriation Act, 1961, for compensation of convalescent patients as an aid to their rehabilitation is hereby extended to the Vocational Rehabilitation Administration of the Department of Human Resources: Provided further. That this appropriation shall be available for the treatment, in any institution, under the jurisdiction of the Commissioner and located either within or without the District of Columbia, of individuals found by a court to be chronic alcoholics. H I G H W A Y S A N D TRAFJTIC

HighAvays and traffic, including $160,600 for traffic safety education without reference to any other law; $600 for membership in the American Association of Motor Vehicle Administrators and $1,200 for membership in the Vehicle Equipment Safety Commission; rental of one passenger-carrying vehicle for use by the Commissioner; and purchase of forty-six passenger motor vehicles, of which forty-four shall be for replacement only; $20,202,000, of which $18,833,000 shall be payable from the highway fund (including $728,000 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. SAXITARY EXGIXEERIXG

Sanitarv engineering, including the purchase of fifteen passenger motor vehicles for replacement only, $39,274,000, of which $11,445,500 shall be payable from the water fund, $11,446,500 from the sanitary sewage works fund, and $15,500 from the metropolitan area sanitary sewage works fund. SETTLEMENT OF CLAIMS A N D

SUITS

For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Commissioner in accordance with the provisions of the Act of February 11, D.c. Code 1-902 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $23,000. to 1 - 9 0 6.

5

V

7

7

/

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Page:United States Statutes at Large Volume 85.djvu/715

 85 STAT. ]

PUBLIC LAW 92-202-DEC. 18, 1971

685

REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of 154^,^*4^,^/1,^^" September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act 7-133. of June 6, 1958 (72 Stat. 183), as amended; and section 4 of the Act ^.c. code 2of June 12, 1960 (74 Stat. 211), including interest as required thereby, D.C. code 9-220 $23,573,700, of which $5,466,200 shall be payable from the highway D.C. code 43fund, $1,747,900 from the water fund, $647,900 from the sanitary sew- ^"3* age works fund, and $57,300 from the metropolitan area sanitary sewage works fund. CAPITAL OUTLAY

For reimbursement to the United States of funds loaned in compliance with section 4 of the Act of May 29, 1930 (46 Stat. 482), as amended, the Act of August 7, 1946 (60 Stat. 896), as amended, the Act of May 14, 1948 (62 Stat. 235), and payments under the Act of July 2, 1954 (68 Stat. 443), construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), February 16, 1942 (56 Stat. 91), May 18, 1954 (68 Stat. 105,110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 320); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $255,878,000, of which $7,723,000 shall be payable from the highway fund, $9,565,000 from the water fund, and $63,400,000 from the sanitary sewage works fund and $10,200,000 from the metropolitan area sanitary sewage works fund: Provided, That $9,231,900 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Commissioner, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account, "Construction Services, Department of General Services": Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 9 0 ^ 9 5, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on June 30, 1973, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further, Notwithstanding any other provision of law, any authorization for a capital outlay project, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 9 0 ^ 9 5, approved August 23, 1968), for which funds have heretofore been appropriated shall expire two years from the date of the Act making such appropriation unless prior to the expiration of such period funds for such projects were or will have been obligated in whole or in part. Upon expiration of any such project authorization the funds appropriated therefore shall lapse.

^2 Stat. is. ^^f^^^^ ^^ga130a.

D.c. Code 4 >

iaifeoT/y-us, 9-220, 40-804, ^'^'*'*^ "°'^'

D!c.*?ode7;i35 note. *

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Page:United States Statutes at Large Volume 85.djvu/716

 686

PUBLIC LAW 92-202-DEC. 18, 1971

[85 STAT.

GENERAL PROVISIONS Vouchers.

Maximum allowances.

Automobile a l lowances.

Travel expenses.

Experts and consultants. 80 Stat. 416. Advancement of funds. T a x l c a b s, restrictions.

Street l i g h t i n g.

Vehicle u s e. 31 USC 638a.

SEC. I. Except as otherwise provided herein, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official without countersignature. SEC. 2. Whenever in this Act an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 3. Appropriations in this Act shall be available, when authorized or approved by the Commissioner, for allowances for privately owned automobiles used for the performance of official duties at 10 cents per mile but not to exceed $35 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such allowances at not more than $550 each per annum may be authorized or approved by the Commissioner. SEC. 4. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioner. SEC. 5. Appropriations in this Act shall be available for services as authorized by 5 U.S.C. 3109. SEC. 6. The disbursing officials designated by the Commissioner are authorized to advance to such officials as may be approved by the Commissioner such amounts and for such purposes as he may determine. SEC. 7. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 8. Appropriations in this Act shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed. SEC. 9. All passenger motor vehicles (including watercraft) owned by the District of Columbia shall be operated and utilized in conformity with section 16 of the Act of August 2, 1946 (60 Stat. 810), and shall be under the direction and control of the Commissioner, who may from time to time alter or change the assignment for use thereof or direct the alteration of interchangeable use of any of the same by officers and employees of the District, except as otherwise provided in this Act. "Official purposes" as used in the section 16 shall not apply to the Commissioner or in cases of officers and employees the character of whose duties make such transportation necessary, but only as to such latter cases when approved by the Commissioner.

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Page:United States Statutes at Large Volume 85.djvu/717

 85 STAT. ]

PUBLIC LAW 92-202-DEC. 18, 1971

SEC. 10. Appropriations contained in this Act for highways and traffic and sanitary engineering shall be available for snow and ice control work when ordered by the Commissioner in writing. SEC. 11. Appropriations in this Act shall be available for the furnishing of uniforms when authorized by the Commissioner. SEC. 12. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia, including refunds authorized by section 10 of the Act approved April 23, 1924 (43 Stat. 108): Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of Title X II of the District of Columbia Income and Franchise Tax Act of 1947, as amended. SEC. 13. Except as otherwise provided herein, limitations and legislative provisions contained in the District of Columbia Appropriation Act, 1961, shall be applicable during the current fiscal year: Provided, That the limitation for "Construction Services, Department of General Services" shall, during the current fiscal year, be 10 per centum of appropriations for all construction projects: Provided further, That the limitation on expenditure of funds by the Chief of Police for prevention and detection of crime during the current fiscal year shall be $200,000: Provided further, That during the current fiscal year, the limitation with respect to a central heating system, under the heading "Department of Sanitary Engineering", shall not be applicable. SEC. 14. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 9 0 ^ 4 5). SEC. 15. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 16. No part of any funds appropriated by this Act shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this Act, in excess of $12,000 in the aggregate, shall, in any fiscal year, be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Commissioner of th'e District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Commissioner of the District of Columbia. SEC. 17. Not to exceed 5 per centum of the total of all funds appropriated by this Act for personnel compensation (budget classification 01) may be used to pay the cost of overtime or temporary positions. SEC. 18. The total expenditure of funds appropriated by this Act for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $300,000. This Act may be cited as the "District of Columbia Appropriation Act, 1972". Approved December 18, 1971.

687 Snow and i c e control. Uniforms. Judgment payments.

Ante,

p. 653.

70 Stat. 7 8. D. C. Code 471586J. 74 Stat. 17.

76 Stat. 9 1 5. D. C. Code 3-204. 8 2 Stat. 4 6 2. 42 USC 3801

Chauffeur comp e n s a t i o n, limitation.

Overtime or temporary p o s i t i o n s, c o s t limitation. Limitation.

Short title.

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Page:United States Statutes at Large Volume 85.djvu/718

 688

PUBLIC LAW 92-203-DEC. 18, 1971

[85 STAT.

Public Law 92-203 December 18, 1971

[H. R. 10367]

Alaska Native Claims Settlement

Act.

^ ^

ACT

To provide for the settlement of certain land claims of Alaska Natives, and for other purposes. Be it enacted by the SeQiate and House of Representatives of the United /States of America in Congress assembled. That this Act may be cited as the "Alaska Native Claims Settlement Act-'. DECLARATION OF POLICY

76 Stat. 90*4. '

79 Stat. 552. 42 USC 3T2i 42 note

SEC. 2. Congress finds and declares that— (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; (c) no provision of this Act shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of the date of enactment of this Act; (d) no provision of this Act shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any tribe, band, or identifiable group of American Indians; (e) no provision of this Act shall effect a change or changes in the petroleum reserve policy reflected in sections 7421 through 7438 of title 10 of the United States Code except as specifically provided in this Act; (f) no provision of this Act shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, nor to grant implied consent to Natives to sue the United States or any of its officers with respect to the claims extinguished by the operation of this Act; and (g) no provision of this Act shall be construed to terminate or otherwise curtail the activities of the Economic Development Administration or other Federal agencies conducting loan or loan and grant programs in Alaska. For this purpose only, the terms "Indian reservation" and "trust or restricted Indian-owned land areas" in Public Law 89-136, the Public Works and Economic Development Act of 1965, as amended, shall be interpreted to include lands granted to Natives under this Act as long as such lands remain in the ownership of the Native villages or the Regional Corporations.

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Page:United States Statutes at Large Volume 85.djvu/719

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PUBLIC LAW 92-203-DEC. 18, 1971

689

DEFINITIONS

SEC. 3. For the purposes of this Act, the term— (a) "Secretary"' means the Secretary of the Interior; (b) "Native" means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. I t also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; (c) "Native village" means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 11 and 16 of this Act, or which meets the requirements of this Act, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; (d) "Native group" means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; (e) "Public lands" means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for selection by the State 2i^l^tl^ "'^'^ prior to January 17, 1969; (f) "State" means the State of Alaska; (g) "Eegional Corporation" means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this Act; (h) "Person" means any individual, firm, corporation, association, or partnership; (i) "Municipal Corporation" means any general unit of municipal government under the laws of the State of Alaska; (j) "Village Corporation" means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this Act. (k) " F u n d " means the Alaska Native Fund in the Treasury of the United States established by section 6; and (1) "Planning Commission" means the Joint Federal-State Land Use Planning Commission established by section 17. DECLARATION OF

SETTLEMENT

SEC. 4. (a) All prior conveyances of public land and water areas and^cufmT^e"tinin Alaska, or any interest therein, pursuant to Federal law, and all guishmentV ^'^ "' tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any.

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Page:United States Statutes at Large Volume 85.djvu/720

 690

PUBLIC LAW 92-203-DEC. 18, 1971

[85 STAT.

(b) All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished. (c) All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending before any Federal or state court or the Indian Claims Commission, are hereby extinguished. ENROLLMENT

SEC. 5. (a) The Secretary shall prepare within two years from the date of enactment of this Act a roll of all Natives who were born on or before, and who are living on, the date of enactment of this Act. Any decision of the Secretary regarding eligibility for enrollment shall be final. (b) The roll prepared by the Secretary shall show for each Native, among other things, the region and the village or other place in which he resided on the date of the 1970 census enumeration, and he shall be enrolled according to such residence. Except as provided in subsection (c), a Native eligible for enrollment who is not, when the roll is prepared, a permanent resident of one of the twelve regions established pursuant to subsection 7(a) shall be enrolled by the Secretary in one of the twelve regions, giving priority in the following order to— (1) the region where the Native resided on the 1970 census date if he had resided there without substantial interruption for two or more years; (2) the region where the Native previously resided for an aggregate of ten years or more; (3) the region where the Native was born; and (4) the region from which an ancestor of the Native came: The Secretary may enroll a Native in a different region when necessary to avoid enrolling members of the same family in different regions or otherwise avoid hardship. (c) A Native eligible for enrollment who is eighteen years of age or older and is not a permanent resident of one of the twelve regions may, on the date he files an application for enrollment, elect to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, if such region is established pursuant to subsection 7(c). If such T-egion is not established, he shall be enrolled as provided in subsection (b). His election shall apply to all dependent members of his household who are less than eighteen years of age, but shall not affect the enrollment of anyone else. ALASKA N A T IV E

FUND

SEC. 6. (a) There is hereby established in the United States Treasury an Alaska Native Fund into which the following moneys shall be deposited: (1) $462,500,000 from the general fund of the Treasury, which are authorized to be appropriated according to the following schedule: (A) $12,500,000 during the fiscal year in which this Act becomes effective; (B) $50,000,000 during the second fiscal year;

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Page:United States Statutes at Large Volume 85.djvu/721

 85 STAT. ]

691

PUBLIC LAW 92-203-DEC. 18, 1971

(C) $70,000,000 during each of the third, fourth, and fifth fiscal years; (D) $40^000,000 during the sixth fiscal year; and (E) $30,000,000 during each of the next five fiscal years. (2) Four percent interest per annum, which is authorized to be appropriated, on any amount authorized to be appropriated by this paragraph that is not appropriated within six months after the fiscal year in which payable. (3) $500,000,000 pursuant to the revenue sharing provisions of section 9. (b) None of the funds paid or distributed pursuant to this section to any of the Eegional and Village Corporations established pursuant to this Act shall be expended, donated, or otherwise used for the purpose of carrying on propaganda, or intervening in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office. Any person who willfully violates the foregoing provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than twelve months, or both. (c) After completion of the roll prepared pursuant to section 5, all money in the Fund, except money reserved as provided in section 20 for the payment of attorney and other fees, shall be distributed at the end of each three months of the fiscal year among the Regional Corporations organized pursuant to section 7 on the basis of the relative numbers of Natives enrolled in each region. The share of a Regional Corporation that has not been organized shall be retained in the Fund until the Regional Corporation is organized. REGIONAL

CORPORATIONS

SEC. 7. (a) For purposes of this Act, the State of Alaska shall be divided by the Secretary within one year after the date of enactment at this Act into twelve geographic regions, with each region composed as far as practicable of Natives having a common heritage and sharing common interests. In the absence of good cause shown to the contrary, such regions shall approximate the areas covered by the operations of the following existing Native associations: (1) Arctic Slope Native Association (Barrow, Point H o p e); (2) Bering Straits Association (Seward Peninsula, Unalakleet, Saint Lawrence Island); (3) Northwest Alaska Native Association (Kotzebue); (4) Association of Village Council Presidents (southwest coast, all villages in the Bethel area, including all villages on the Lower Yukon River and the Lower Kuskokwim River); (5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper Yukon Rivers, Upper Kuskokwim, Tanana R i v e r); (6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna); (7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula); (8) Aleut League (Aleutian Islands, Pribilof Islands and that part of the Alaska Peninsula which is in the Aleut League); (9) Chugach Native Association (Cordova, Tatitlek, Port Graham, English Bay, Valdez, and Seward); (10) Tlingit-Haida Central Council (southeastern Alaska, including Metlakatla); (11) Kodiak Area Native Association (all villages on and around Kodiak Island); and (12) Copper River Native Association (Copper Center, Glenn alien, Chitina, Mentasta). 75-432 O - 72 - 46

Expenditures for propaganda or political campaigns, prohibition*

Penalty.

Distribution.

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