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Page:United States Statutes at Large Volume 86.djvu/1312

 1270

"Substantial change."

Other government a g e n c i e s, services.

Corporation powers.

C onde mna ti on proceedings.

77 Stat. 577. D. C. Code 161351.

PUBLIC LAW 92-578-OCT. 27, 1972

[86 STAT.

shall include a specification of the areas of difference, the modifications suggested by the Secretary of the Interior or the Commissioner of the District of Columbia and the views of the Corporation thereon. Following the expiration of sixty legislative days after the date of such transmittal, the Corporation may proceed with the execution and implementation of the plan unless between the date of transmittal and the end of the sixty legislative day period, either the Senate or the House of Representatives passes a resolution in opposition to the development plan. (e) Activities under the development plan shall be carried out in accordance with the approved development plan. The Corporation may alter, revise, or amend the plan, but any such alteration, revision, or amendment which is a substantial change from the approved development plan shall take effect only upon compliance with the procedures set forth in subsections (c) and (d) of this section. For the purposes of this subsection, the term "substantial change" shall mean one involving a major alteration in the character or intensity of an existing or proposed use in the development area which in the opinion of the Corporation causes an increase or decrease of 10 per centum or more of the dollar amount of the estimate prepared in accordance with subsection (a)(9) of this section, or one which, in the opinion of the Secretary of the Interior, affects his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. (f) To avoid duplication and unnecessary expense the Corporation shall, to the maximum feasible extent in conducting its operations, utilize the services and facilities of other agencies, including the Department of the Interior, General Services Administration, the National Capital Planning Commission, the District of Columbia government, and the District of Columbia Redevelopment Land Agency. SEC. 6. In carrying out its powers and duties, the Corporation— (1) shall have all necessary and proper powers for the exercise of the authorities vested in it; (2) shall have succession in its corporate name; (3) may adopt and use a corporate seal which shall be judicially noticed; (4) may sue and be sued in its corporate name. All litigation arising out of the activities of the Corporation shall be conducted by the Attorney General; (5) may adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised; (6) may acquire lands, improvements, and properties within the development area by purchase, lease, donation, or exchange; may hold, maintain, use, or operate such properties; may sell, lease, or otherwise dispose of such real and personal property and any interest therein as the Corporation deems necessary to carry out the development plan; or may lease, repurchase, or otherwise acquire and hold any property which the Corporation has theretofore sold, leased, conveyed, transferred, or otherwise disposed of: Provided, That condemnation proceedings for the acquisition of real property (including interests therein), which may be necessary or appropriate in order to carry out the development plan, shall be conducted in accordance with the procedural provisions of chapter 13, subchapter IV, of title 16 of the District of Columbia Code: Provided further, That prior to acquiring any residential property there shall be a finding of assurance of adequate

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Page:United States Statutes at Large Volume 86.djvu/1313

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STAT.]

PUBLIC LAW 92-578-OCT. 27, 1972

replacement housing consonant with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894); (7) may enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the several States, or the District of Columbia or with any person, firm, association, or corporation (including agreements with private utility companies with respect to the relocation of utility lines and other facilities in the development area) as may be deemed necessary or appropriate to the conduct of activities authorized under this Act; (8) may establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, and protection of the development area in accordance with the development plan; (9) shall seek authority from the Congress to borrow money by issuing marketable obligations, after obtaining proposals from at least three private financial analysts on the feasibility of private versus public financing of the Corporation, which proposals shall be transmitted to the Congress with the development plan as provided in section 5 of this Act. '(10) may borrow money from the Treasury of the United States in such amounts as may be authorized in appropriation Acts, but not to exceed $50,000,000. Such borrowings from the Treasury shall have such maturities, terms, and conditions as may be agreed upon by the Corporation and the Secretary of the Treasury, but the maturities may not be in excess of forty years, and such borrowings may be re(ieemable at the option of the Corporation before maturity. Such borrowings shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations of the Corporation. The interest payments on such obligations may be deferred with the approval of the Secretary of the Treasury but any interest payment so deferred shall bear interest. Said obligations shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Corporation to issue obligations hereunder shall expire June 3, 1980, except that obligations may be issued at any time after the expiration of said period to provide funds necessary for the performance of any contract entered into by the Corporation, prior to the expiration of said period. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Corporation to be issued under this paragraph and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction of the United States the proceeds from the sale of any securities issued under the Second Liberty Loan Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Loan Bond Act, as amended, are extended to include any purchase of the Corporation's obligations under this paragraph; (11) may invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, with the approval of the Secretary of the Treasury, in obligations of the United States Government, or obligations the principal and

1271

42 USC 4601 note.

Financing; proposals, transmittal to Congress.

Limitation.

Obligations, issuance, authority expiration.

40 Stat. 288. 31 USC 774.

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Page:United States Statutes at Large Volume 86.djvu/1314

 1272 Restriction.

Personnel.

Information, availability.

PUBLIC LAW 92-578-OCT. 27, 1972

[86 STAT.

interest of which are guaranteed by the United States Government: Provided, That this authority shall not extend to moneys obtained by borrowing from the Government or through appropriations to the Corporation; (12) may procure insurance against any loss in connection with its property and other assets and operations; (13) may contract for and accept any gifts or grants or property or financial or other aid in any form from the Federal Government or any agency or instrumentality thereof, or from any State or any agency or instrumentality thereof, or from any source, and comply subject to the provisions of this Act, with the terms and conditions thereof; (14) may determine the character of and necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions and laws specifically applicable to wholly owned Government corporations; (15) may prepare or cause to be prepared plans, specifications, designs, and estimates of cost for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time may modify such plans, specifications, designs, or estimates; (16) may acquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; (17) may grant options to purchase any project or may renew any leases entered into by it in connection with any of its projects, on such terms and conditions as it may deem advisable; (18) may manage any project, owned or leased by the Corporation, and may enter into agreements with the District of Columbia government or any agency or instrumentality thereof, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any such project to be managed; (19) may utilize or employ the services of personnel of any agency or instrumentality of the Federal Government or of the District of Columbia, with the consent of the agency or instrumentality concerned, upon a reimbursable basis, or utilize voluntary or uncompensated personnel; (20) shall publish and disseminate information and make known to potential users, by advertisement, solicitation, or other means, the availability for development of lands in the development area; (21) may execute all instruments necessary or appropriate in the exercise of any of its functions under this Act, and may delegate to members of the Board or the Executive Director such of its powers and responsibilities as it deems appropriate and useful for the administration of the Corporation; and (22) shall be entitled to the use of the United States mails in the same manner as the executive departments of the Government, and shall have all the rights, privileges, and immunities of the United States with respect to debts due from insolvent, deceased, or bankrupt debtors. SEC. 7. (a) Nothing in this Act shall preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful powers in the development area consistent with the development plan or the provisions and purposes of this Act; but no such agency or instrumentality shall release, mod-

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Page:United States Statutes at Large Volume 86.djvu/1315

 86 STAT. ]

PUBLIC LAW 92-578-OCT. 27, 1972

1273

ify, or depait from any feature or detail of the development plan without the prior approval of the Corporation. (b) After the date of the enactment of this Act, no new construction (including? substantial remodeling, conversion, rebuilding, enlargement, extension, or major structural improvement of existing building, but not including ordinary maintenance or remodeling or changes necessary to continue occupancy) shall be authorized or conducted within the development area except upon prior certification by the Corporation that the construction is, or may reasonably be expected to be, consistent with the carrying out of the development plan for the area: Provided, That if the development plan for the area does not become effective under the provisions of section 5 within twelve months of the date of enactment of this Act, this subsection shall be of no further force and effect until such time as the development plan does become effective under that section. SEC. 8. (a) The title to any real property (or interest therein) acquired under the authority of this Act shall be taken by and in the ,; name of the Corporation and proceedings for condemnation or other acquisition of property shall be brought by and in the name of the Corporation. (b) In the administration of a relocation program or programs pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Corporation may utilize the services of 84 Stat. 1894. the District of Columbia Redevelopment Land Agency. Costs of such ^ 2 USC 4601 services shall be reimbursed by the Corporation to the District of "°*^' Columbia Redevelopment Land Agency. -' (c) All relocation services performed by or on behalf of the Corporation shall be coordinated with the District of (Columbia's central relocation programs. (d) Owners and tenants of real property whose residence, or retail, Displaced wholesale, service or other business is terminated as a result of acqui- ant""pre"ere*ntiai sitions made pursuant to this Act shall be granted a preferential right "ght. to lease or purchase from the Corporation or its agent such like real l)roperty as may become available for a similar use upon implementation of the development plan. Any such preferential right shall be limited to the parties in interest and shall not be transferable or tissignable. SEC. 9. (a) I n effectuating the purposes of this Act, the Corpora- ^°^^^ needs, ,• tion:

c-

1

A

i

(1) shall consult and cooperate with District of (Wumbia officials and community leaders at the earliest practicable time; (2) shall give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and (3) shall foster local initiative and participation in connection with the planning and development of its projects. (b) The Corporation shall comply with all District of Columbia laws, ordinances, codes, and regulations in constructing, reconstructing, rehabilitating, altering, and improving any project: Provided, That the provisions of section 428 of title 5 of the District of Columbia Code shall apply to all the constructing, reconstructing, rehabilitating, altering, and improving of all buildings by the Corporation. The construction, reconstruction, rehabilitation, alteration, and improvement of any project by non-Government sources shall be subject to the pro\isions of the District of Columbia Code and zoning regulations. SEC. 10. (a) Since the exercise of the powers granted by this Act

primary consideration.

52 Stat. 802.

"^^^ exemption.

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Page:United States Statutes at Large Volume 86.djvu/1316

 1274

Payments to D.C. government.

Report to President and Congress.

83 Stat. 136.

59 Stat. 597. Separability.

PUBLIC LAW 92-578-OCT. 27, 1972

[86 STAT.

will be in all respects for the benefit of the people, the Corporation is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of every kind of the United States and of the District of Columbia. (b) To the end that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a), the Corporation, in connection with any real property acquired and owned by the Corporation in carrying out the provisions of this Act shall pay to the District of Columbia government an amount equal to the amount of the real property tax which would have been payable to the District of Columbia government beginning on the date of acquisition of such real property by the Corporation if legal title to such property had been held by a private citizen on such date and during all periods to which such date relates. SEC. 11. The Corporation shall transmit to the President and the Congress, annually each January and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. SEC. 12. (a) The Corporation shall contribute to the civil service retirement and disability fund, on the basis of annual billings as determined by the Civil Service Commission for the excess, if any^ of the Government's share of the normal cost of the civil service retirement system applicable to the Corporation's employees and their beneficiaries over the agency contributions required by section 8334(a)(1) of title 5, United States Code. (b) The Corporation shall include in the annual billings provided for under subsection (a) above, a statement of the fair portion of the cost of the administration of the fund, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. SEC. 13. The Corporation is authorized to use in the conduct of its business all its funds and other assets and all funds and other assets which have been or may hereafter be transferred to, allocated to, borrowed by, or otherwise acquired by it. SEC. 14. (a) All general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or property of the United States shall apply to moneys and property of the Corporation. (b) Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Any person who with intent to defraud the Corporation (1) receives any compensation, rebate, or reward, or (2) enters into any conspiracy, collusion, or agreement, express or implied, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. SEC. 15. Section 101 of the Government Corporation Control Act (31 U.S.C. 846) is amended by inserting "Pennsylvania Avenue Development Corporation;" after "Farmers Home Corporation;". SEC. 16. If any provisions of this Act or the application thereof to any body, agency, situation, or circumstances is held invalid the remainder of the Act and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby.

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Page:United States Statutes at Large Volume 86.djvu/1317

 86 STAT. ]

PUBLIC LAW 92-579~OCT. 27, 1972

SEC. 17. There are hereby authorized to be appropriated not to exceed $1,000,000 for the development of the plan to be prepared pursuant to section 5 of this Act. No appropriations shall be made from the Land and Water Conservation F u n d established by the Act of September 3, 1964 (78 Stat. 897, as amended, 16 U.S.C. 4601), to effectuate the purposes of this Act. Approved October 27, 1972.

1275 Appropriation. Prohibition.

Public Law 92-579 AN ACT

October 2 7, 197:!

To amend title 12, District of Columbia Code, to provide a limitation of actions for actions arising out of death or injury caused by a defective or unsafe improvement to real property.

[s. 1524]

Be it enacted by the Senate and House of Representatives of the D.C. United States of America in Congress assembled, SECTION 1. (a) Chapter 3 of title 12 of the District of Columbia reaTp'r°opeTt^y'!*'° Code (relating to limitation of actions) is amended by adding at the Death or injury end the following new section: "'77°stat!ti"o""''"' "§12-310. Actions arising out of death or injury caused by ^Q{^'^°^^ ^'^' defective or unsafe improvements to real property " (a)(1) Except as provided in subsection (b), any action— " (A) to recover damages for— "(i) personal injury, " (ii) injury to real or personal property, or "(iii) wrongful death, ' resulting from the defective or unsafe condition of an improvement to real property, and " (B) for contribution or indemnity which is brought as a result of such injury or death, shall be barred unless in the case where injury is the basis of such action, such injury occurs within the ten-year period beginning on the date the improvement was substantially completed, or in the case where death is the basis of such action, either such death or the injury resulting in such death occurs within such ten-year period. "(2) For purposes of this subsection, an improvement to real property shall be considered substantially completed when— " (A) it is first used, or " (B) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first. "(b) The limitation of actions prescribed in subsection (a) shall not apply to— " (1) any action based on a contract, express or implied, or "(2) any action brousrht against the person who, at the time the defective or unsafe condition of the improvement to real property caused injury or death, was the owner of or in actual possession or control of such real property." (b) The table of sections for such chapter 3 is amended by adding at the end the following new item: "12-310. Actions arising out of death or injury caused by defective or unsafe improvements to real property."

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Page:United States Statutes at Large Volume 86.djvu/1318

 1276 Effective date.

D.C. Council Chairman, compensation. D.C. Code 1 app.

PUBLIC LAW 92-580-OCT. 27, 1972

SEC. 2. The amendments made by section 1 of this Act shall apply only with respect to actions brought after the date of enactment of this Act. SEC. 3. On and after the date of the enactment of this Act, the Chairman of the District of Columbia Council shall receive compensation at the rate of $20,000 per aiinum. Approved October 27, 1972. ^ 'i^MIXMrj Public Law 92-580

October 27, 1972

[H.R. 1467]

Taxes. American Samoans. 68A Stat. 4 3; 72 Stat. 1607. 26 USC 152. 80 Stat. 1550.

83 Stat. 675.

Effective date. Estate tax, annuities. 68A Stat. 384; 80 Stat. 3 3.

[86 STAT.

ildii^ AN

ACT

rj[Q amend the Internal Revenue Code of 1954 with respect to personal exemptions in the case of American Samoans, and for other purposes.

Be it enacted by the SenMe and House of Representatives of the United States of America in Congress OMsembled^ That (a) section 152(b)(3) of the Internal Revenue Code of 1954 (defining the term "dependent") is amended by striking out "citizen of the United States" each place it appears and inserting in lieu thereof "citizen or national of the United States". (b) Paragraph (3) of section 873(b) of such Code (relating to deductions in case of nonresidential alien individuals) is amended to read as follows: " (3) PERSONAL EXEMPTIOX.—The deduction for personal exemptions allowed by section 151, except that only one exemption shall be allowed under section 151 unless the taxpayer is a resident of a contiguous country or is a national of the United States." (c) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 1971. SEC. 2. (a) Section 2039 of the Internal Revenue Code of 1954 (relating to estate tax treatment of annuities) is amended by adding at the end thereof the following new subsection: " (d) EXEMPTION or CERTAIN A N N U I T Y INTERESTS CREATED BY COMMUNITY PROPERTY LAWS.—In the case of an employee on whose behalf

Effective date.

72 Stat. 1672; 83 Stat. 711. 26 USC 162 note.

contributions or payments were made by his employer or former employer under a trust or plan described in subsection (c)(1) or (2), or toward the purchase of a contract described in subsection (c)(3), which under subsection (c) are not considered as contributed by the employee, if the spouse of such employee predeceases him, then, notwithstanding the provisions of this section or of any other provision of law, there shall be excluded from the gross estate of such spouse the value of any interest of such spouse in such trust or plan or such contract, to the extent such interest— "(1) is attributable to such contributions or payments, and "(2) arises solely by reason of such spouse's interest in community income under the community property laws of a State." (b) The amendment made by subsection (a) shall apply with respect to estates of decedents for which the period prescribed by the Internal Revenue Code of 1954 for filing of a claim for credit or refund of an overpayment of estate tax ends on or after the date of enactment of this Act. No interest shall be allowed or paid on any overpayment of estate tax resulting from the application of the amendment made by subsection (a) for any period prior to the expiration of the one hundred and eightieth day following the date of the enactment of this Act. SEC. 3. Section 97 of the Technical Amendments Act of 1958 is amended by striking out "January 1, 1971" and inserting in lieu thereof "January 1, 1973".

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Page:United States Statutes at Large Volume 86.djvu/1319

 86 STAT. ]

PUBLIC LAW 92-581-OCT. 27, 1972

SEC. 4. (a) Section 164:(b)(2) of the Internal Revenue Code of 1954 (relating to general sales taxes) is amended by adding at the end thereof the following new subparagraph: " (E) SPECIAL, ETOLE FOR MOTOR VEHICLES.—In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax." (b) The amendment made by subsection (a) shall apply to taxable years ending on or after January 1, 1971. Approved October 27, 1972.

1277 Motor vehiciesi. 26 USC i*64.

Effective date. . „

Public Law 92-581 AN ACT October 27, 1972 To amend title 37, United States Code, to extend the authority for special pay [H. R. 16925] for niiclear-iiualified naval submarine officers, authorize special pay for nuclearqualified naval surface officers, and provide special pay to certain nucleartrained and qualified enlisted members of the naval service who agree to reenlist, and for other purposes.

Be it enacted by the Senate ami House of Representatives of the United States of America in Congress assembled, That chapter 5 of Nuciear-quaiititle 37, United States Code, is amended as follows: sonnei.^^ ^*' (1) The catchline of section 312 and the corresponding item in Special pay, the chapter analysis for that section are each amended by striking *''76"sta°t'!'46i; out "submarine". 83 Stat. 12. 37 USC 301. (2) Section 312 is amended— (A) by striking out clause (2) of subsection (a); (B) by striking out "in active submarine service" in clause (5) of subsection (a) and inserting in place thereof "on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants"; (C) by striking out "submarine service" in subsection (c) and inserting in place thereof "duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants"; (D) by striking out "submarine" in subsection (d); and (E) by striking out "1973" in subsection (e) and inserting in place thereof "1975". (3) By adding the following new section: members " (a) Under regulations prescribed by the Secretary of Defense, an enlisted member of the naval service who— " (1) is entitled to basic pay; "(2) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and "(3) has completed at least six, but not more than ten, years of active duty and executes, when eligible, a reenlistment agreement for not less than two years; may upon acceptance of the reenlistment agreement by the Secretary of the Navy or his designee, be paid a bonus not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount.
 * §312a. Special pay: nuclear-trained and qualified enlisted

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Page:United States Statutes at Large Volume 86.djvu/1320

 1278

76 Stat. 467. 37 USC 308.

79 Stat. 547. Failure to complete contract.

Clifton Forge, Va., steam locomotive. 70A Stat. 466.

PUBLIC LAW 92-582-OCT. 27, 1972

[86 STAT.

" (b) Bonus payments authorized under this section may be paid in either a lump sum or in installments. "(c) An amount paid to a member under subsection (a) of this section is in addition to all other compensation to which he is entitled and does not count against the limitation prescribed by section 308(c) of this title concerning the total amount of reenlistment bonus that may be paid. However, if he receives payment under this section, he is not entitled to any further payments under section 308(g) of this title. " (d) Under regulations prescribed by the Secretary of the Navy, refunds, on a pro rata basis, of sums paid under subsection (a) of this section may be required, and further payments terminated, if the member who has received the payment fails to complete his reenlistment contract, or fails to maintain his technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants. "(e) Provisions of this section shall be effective only in the cases of members who, on or before June 30, 1975, execute the required written agreement to remain in active service."; and (4) by inserting the following new item in the analysis: "312a. Special pay: nuclear-trained and qualified enlisted members.". SEC. 2. The provisions of section 7545(c) of title 10, United States Code, shall not apply with respect to any gift made after the date of enactment of this Act and prior to January 1, 1973, by the Department of the Navy to the city of Clifton Forge, Virginia, of a Baldwin steam locomotive (No. 606) which is no longer needed by the Navy and which has certain historical significance for the city of Clifton Forge, Virginia. Approved October 27, 1972. Public Law 92-582

October 27, 1972 [ H. R. 12807]

Architects and engineers. Federal selection policy, establishment. 63 Stat. 3 77; 82 Stat. 1104.

AN ACT To amend the Federal Property and Administrative Services Act of 1949 in order to establish Federal policy concerning the selection of firms and individuals to perform architectural, engineering, and related services for the Federal Government. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) is amended by adding at the end thereof the following new title: " TITLE IX — S ELECTION OF A E C H I T E C T S AND ENGINEERS uDEFINITIONS "SEC. 901. As used in this title— " (1) The term 'firm' means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. " (2) The term 'agency head' means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. "(3) The term 'architectural and engineering services' includes those professional services of an architectural or engineering nature as well

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Page:United States Statutes at Large Volume 86.djvu/1321

 86 STAT. ]

PUBLIC LAW 92-582-OCT. 27, 1972

as incidental services that members of these professions and those in their employ may logically or justifiably perform. ((POLICY "SEC. 902. The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. "REQUESTS FOR DATA ON ARCHITECTURAL AND ENGINEERING SERVICES

"SEC. 903. In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him, no less than three of the firms deemed to be the most highly qualified to provide the services required. "NEGOTIATION OF CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES

"SEC. 904. (a) The agency head shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government. I n making such determination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof. "(b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm. "(c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached." Approved October 27, 1972.

1279

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Page:United States Statutes at Large Volume 86.djvu/1322

 1280

PUBLIC LAW 92-583-OCT. 27, 1972 Public Law 92-583 -y^q'^ri,vU u,. •>•(.. J |. - ^. - ; 'V-..

October 27, 1972 [s. 3507]

[86 STAT. •

,

''^^ ACT To establish a nutioiial policy and develop a national program for the management, henetieial use, protection, and development of the land and w a t e r resources of the Nation's coastal zones, and for other purposes.

Be it eiidcfed by the Senate and House of Uepre^entdt'treH of the Marine Re- ^ (^)i}te(I States of America in CongreHH (DineinhletL Thfit the Act entitled neering Devei"if-^ "All Act to provide foi' i\ (•oniprelioiisive, loiio-ranoe, and coordinated ment Act of 1966, iiatioiuil pro<>ram in marine science, to establish a National Couiicil on amendment. Marine Rcsources and Kn^ineerino- Development, and a Commission on Marine Science. En^iiieerin<>- and Resources, and for other purposes'*, approved June 17. 11)(> (80 Stat.:20;')), as amended (H3 ILS.C. 80 Stat. 998; 1101-1124). is furtliei- amended by adding- at the end thereof the fol84 Stat. 865.

i

•

' j-vi

"

lo\viii<>- new title: T n LK III—.>LVXAEMENT O F THE COASTAL ZOXP: SHOUT TITLE

SKC.;^01. This title may be cited as the "Coastal Zone Management Act of 1972". COXGUESSIOXAL riXDlXGS

'

SEC. ')02. The Congress finds that— (a) There is a national interest in the effective manaoement, beneficial use, protection, and development of the coastal zone; (b) The coastal zone is rich in a variety of natnral, commercial, recleational. industrial, and esthetic resources of immediate and potential \alue to the present and future well-being of the Nation; (c) The increasing and com))eting demands upon the lands"and waters of our coastal zone occasioned by population growth and economic development. including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources. have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adxerse changes to ecological systems, decreasing open space for public use, and shoreline erosion; (d) The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and conse(piently extremely vulnerable to destruction by man's alterations; (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost; (f) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values; (g) In light of competing demands and the urgent need to protect and to give hioh priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inade(iuate; and (h) The key to more effective protection and use of the land and Avater resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance.

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Summa Theologiae/Second Part of the Second Part/Question 133

Question. 133 - OF PUSILLANIMITY (TWO ARTICLES)
We must now consider pusillanimity. Under this head there are two points of inquiry:

(1) Whether pusillanimity is a sin?

(2) To what virtue is it opposed?

Art. 1 - Whether pusillanimity is a sin?
Objection 1: It seems that pusillanimity is not a sin. For every sin makes a man evil, just as every virtue makes a man good. But a fainthearted man is not evil, as the Philosopher says (Ethic. iv, 3). Therefore pusillanimity is not a sin.

Objection 2: Further, the Philosopher says (Ethic. iv, 3) that "a fainthearted man is especially one who is worthy of great goods, yet does not deem himself worthy of them." Now no one is worthy of great goods except the virtuous, since as the Philosopher again says (Ethic. iv, 3), "none but the virtuous are truly worthy of honor." Therefore the fainthearted are virtuous: and consequently pusillanimity is not a sin.

Objection 3: Further, "Pride is the beginning of all sin" (Ecclus. 10:15). But pusillanimity does not proceed from pride, since the proud man sets himself above what he is, while the fainthearted man withdraws from the things he is worthy of. Therefore pusillanimity is not a sin.

Objection 4: Further, the Philosopher says (Ethic. iv, 3) that "he who deems himself less worthy than he is, is said to be fainthearted." Now sometimes holy men deem themselves less worthy than they are; for instance, Moses and Jeremias, who were worthy of the office God chose them for, which they both humbly declined (Ex. 3:11; Jer. 1:6). Therefore pusillanimity is not a sin.

On the contrary, Nothing in human conduct is to be avoided save sin. Now pusillanimity is to be avoided: for it is written (Col. 3:21): "Fathers, provoke not your children to indignation, lest they be discouraged." Therefore pusillanimity is a sin.

I answer that, Whatever is contrary to a natural inclination is a sin, because it is contrary to a law of nature. Now everything has a natural inclination to accomplish an action that is commensurate with its power: as is evident in all natural things, whether animate or inanimate. Now just as presumption makes a man exceed what is proportionate to his power, by striving to do more than he can, so pusillanimity makes a man fall short of what is proportionate to his power, by refusing to tend to that which is commensurate thereto. Wherefore as presumption is a sin, so is pusillanimity. Hence it is that the servant who buried in the earth the money he had received from his master, and did not trade with it through fainthearted fear, was punished by his master (Mat. 25; Lk. 19).

Reply to Objection 1: The Philosopher calls those evil who injure their neighbor: and accordingly the fainthearted is said not to be evil, because he injures no one, save accidentally, by omitting to do what might be profitable to others. For Gregory says (Pastoral. i) that if "they who demur to do good to their neighbor in preaching be judged strictly, without doubt their guilt is proportionate to the good they might have done had they been less retiring."

Reply to Objection 2: Nothing hinders a person who has a virtuous habit from sinning venially and without losing the habit, or mortally and with loss of the habit of gratuitous virtue. Hence it is possible for a man, by reason of the virtue which he has, to be worthy of doing certain great things that are worthy of great honor, and yet through not trying to make use of his virtue, he sins sometimes venially, sometimes mortally.

Again it may be replied that the fainthearted is worthy of great things in proportion to his ability for virtue, ability which he derives either from a good natural disposition, or from science, or from external fortune, and if he fails to use those things for virtue, he becomes guilty of pusillanimity.

Reply to Objection 3: Even pusillanimity may in some way be the result of pride: when, to wit, a man clings too much to his own opinion, whereby he thinks himself incompetent for those things for which he is competent. Hence it is written (Prov. 26:16): "The sluggard is wiser in his own conceit than seven men that speak sentences." For nothing hinders him from depreciating himself in some things, and having a high opinion of himself in others. Wherefore Gregory says (Pastoral. i) of Moses that "perchance he would have been proud, had he undertaken the leadership of a numerous people without misgiving: and again he would have been proud, had he refused to obey the command of his Creator."

Reply to Objection 4: Moses and Jeremias were worthy of the office to which they were appointed by God, but their worthiness was of Divine grace: yet they, considering the insufficiency of their own weakness, demurred; though not obstinately lest they should fall into pride.

Art. 2 - Whether pusillanimity is opposed to magnanimity?
Objection 1: It seems that pusillanimity is not opposed to magnanimity. For the Philosopher says (Ethic., 3) that "the fainthearted man knows not himself: for he would desire the good things, of which he is worthy, if he knew himself." Now ignorance of self seems opposed to prudence. Therefore pusillanimity is opposed to prudence.

Objection 2: Further our Lord calls the servant wicked and slothful who through pusillanimity refused to make use of the money. Moreover the Philosopher says (Ethic. iv, 3) that the fainthearted seem to be slothful. Now sloth is opposed to solicitude, which is an act of prudence, as stated above (Q[47], A[9]). Therefore pusillanimity is not opposed to magnanimity.

Objection 3: Further, pusillanimity seems to proceed from inordinate fear: hence it is written (Is. 35:4): "Say to the fainthearted: Take courage and fear not." It also seems to proceed from inordinate anger, according to Col. 3:21, "Fathers, provoke not your children to indignation, lest they be discouraged." Now inordinate fear is opposed to fortitude, and inordinate anger to meekness. Therefore pusillanimity is not opposed to magnanimity.

Objection 4: Further, the vice that is in opposition to a particular virtue is the more grievous according as it is more unlike that virtue. Now pusillanimity is more unlike magnanimity than presumption is. Therefore if pusillanimity is opposed to magnanimity, it follows that it is a more grievous sin than presumption: yet this is contrary to the saying of Ecclus. 37:3, "O wicked presumption, whence camest thou?" Therefore pusillanimity is not opposed to magnanimity.

On the contrary, Pusillanimity and magnanimity differ as greatness and littleness of soul, as their very names denote. Now great and little are opposites. Therefore pusillanimity is opposed to magnanimity.

I answer that, Pusillanimity may be considered in three ways. First, in itself; and thus it is evident that by its very nature it is opposed to magnanimity, from which it differs as great and little differ in connection with the same subject. For just as the magnanimous man tends to great things out of greatness of soul, so the pusillanimous man shrinks from great things out of littleness of soul. Secondly, it may be considered in reference to its cause, which on the part of the intellect is ignorance of one's own qualification, and on the part of the appetite is the fear of failure in what one falsely deems to exceed one's ability. Thirdly, it may be considered in reference to its effect, which is to shrink from the great things of which one is worthy. But, as stated above (Q[132], A[2], ad 3), opposition between vice and virtue depends rather on their respective species than on their cause or effect. Hence pusillanimity is directly opposed to magnanimity.

Reply to Objection 1: This argument considers pusillanimity as proceeding from a cause in the intellect. Yet it cannot be said properly that it is opposed to prudence, even in respect of its cause: because ignorance of this kind does not proceed from indiscretion but from laziness in considering one's own ability, according to Ethic. iv, 3, or in accomplishing what is within one's power.

Reply to Objection 2: This argument considers pusillanimity from the point of view of its effect.

Reply to Objection 3: This argument considers the point of view of cause. Nor is the fear that causes pusillanimity always a fear of the dangers of death: wherefore it does not follow from this standpoint that pusillanimity is opposed to fortitude. As regards anger, if we consider it under the aspect of its proper movement, whereby a man is roused to take vengeance, it does not cause pusillanimity, which disheartens the soul; on the contrary, it takes it away. If, however, we consider the causes of anger, which are injuries inflicted whereby the soul of the man who suffers them is disheartened, it conduces to pusillanimity.

Reply to Objection 4: According to its proper species pusillanimity is a graver sin than presumption, since thereby a man withdraws from good things, which is a very great evil according to Ethic. iv. Presumption, however, is stated to be "wicked" on account of pride whence it proceeds.


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9 2 - 5 8 3 - O C T. 27, 1972

DECLARATION

1281

OF POLICY

SEC. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, (c) for all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with state and local governments and regional agencies in effectuating the purposes of this title, and (d) to encourage the participation of the public, of Federal, state, and local governments and of regional agencies in the development of coastal zone management programs. With respect to implementation of such managament programs, it is the national policy to encourage cooperation among the various state and regional agencies including establishment of interstate and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems. DEFINITIONS

SEC. 304. For the purposes of this title— (a) "Coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of the United States territorial sea. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (b) "Coastal waters" means (1) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (2) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries. (c) "Coastal state" means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this title, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Samoa. (d) "Estuary" means that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes. (e) "Estuarine sanctuary" means a research area which may include any part or all of an estuary, adjoining transitional areas, and adjacent uplands, constituting to the extent feasible a natural unit, set

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Page:The Eurypterida of New York Volume 1.pdf/437

 A comparison of the structure here described with that of Pterygotus shows that the epistomas of both genera agree in general form. That of Hughmilleria is, however, the longer and more slender, an adaptation to the more elongate form of the head shield in that genus, and there are in Pterygotus no antelateral shields separated by sutures from the marginal shield.

The epistoma exists, so far as we now know, in no other genera than Hughmilleria and Pterygotus; that is, in the two genera which are characterized by a very strong development of the chelicerae, and this fact indicates that the plate itself has resulted from strains originating from these strong and active arms.

In the description of, in the body of this memoir, we had only two free rami of the pincers at our disposal, all that was known of the species. A large collection of eurypterid material since obtained by Mr Hartnagel in Herkimer county, contains two small specimens of Pterygotus on the same slab, one of which possesses the characteristic pincer of  with some slight differences, of such nature as to be quite probably ascribable to an earlier growth stage of the species. We therefore refer to these specimens as  var. .

These two specimens differ in a number of characters from both the common  of the Bertie waterlime at Buffalo and the   of Herkimer county. The most important of these differences rests in the pincers which are rounded in front as in  and the free ramus of which shows the denticles of the type of that species but is stouter and distinctly higher in the middle. The carapace is more evenly rounded anteriorly than in the other two species here cited and especially longer (length to width as 4 : 5); the compound eyes are relatively larger while the abdomen appears slightly broader and stouter (the preabdomen is 26 mm long and 19 mm wide);


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[86 STAT.

aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. (f) "Secretary" means the Secretary of Commerce. (g) "Management program" includes, but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this title, setting forth objectives, policies, and standards to guide public and private uses of lands and waters in the coastal zone. (h) "Water use" means activities which are conducted in or on the water; but does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or rimoff of water pollutants except the standards, criteria, or regulations which are incorporated in any program as required by the provisions of section 307(f). (i) "Land use" means activities which are conducted in or on the shorelands within the coastal zone, subject to the requirements outlined in section 307(g). ''

Limitation.

MANAGEMENT PROGRAM DEVELOPMENT GRANTS

SEC. 305. (a) The Secretary is authorized to make annual grants to any coastal state for the purpose of assisting in the development of a management program for the land and water resources of its coastal zone. (b) Such management program shall include: (1) an identification of the boundaries of the coastal zone subject to the management program; (2) a definition of what shall constitute permissible land and water uses within the coastal zone which have a direct and significant impact on the coastal waters; (3) an inventory and designation of areas of particular concern within the coastal zone; (4) an identification of the means by which the state proposes to exert control over the land and water uses referred to in paragraph (2) of this subsection, including a listing of relevant constitutional provisions, legislative enactments, regulations, and judicial decisions; (5) broad griidelines on priority of uses in particular areas, including specifically those uses of lowest priority; (6) a description of the organizational structure proposed to implement the management program, including the responsibilities and interrelationships of local, areawide, state, regional, and interstate agencies in the management process. ^^^ rpj^g gpauts shall uot excecd 66% per centum of the costs of the program in any one year and no state shall be eligible to receive more than three annual grants pursuant to this section. Federal funds received from other sources shall not be used to match such grants. In order to qualify for grants under this section, the state must reasonably demonstrate to the satisfaction of the Secretary that such grants will be used to develop a management program consistent with the requirements set forth in section 306 of this title. After making the initial grant to a coastal state, no subsequent grant shall be made under this section unless the Secretary finds that the state is satisfactorily developing: such management program. (d) Upon completion of the development of the state's management program, the state shall submit such program to the Secretary for

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review and approval pursuant to the provisions of section 306 of this title, or such other action as he deems necessary. On final approval of such program by the Secretary, the state's eligibility for further grants under this section shall terminate, and the state shall be eligible for grants under section 306 of this title. (e) Grants under this section shall be ailiocated to the states based on rules and regulations promulgated by the Secretary: Provided, however, That no management program development grant under this section shall be made in excess of 10 per centum nor less than 1 per centum of the total amount appropriated to carry out the purposes of this section. (f) Grants or portions thereof not obligated by a state during the fiscal year for which they were first authorized to be obligated by the state, or during the fiscal year immediately following, shall revert to the Secretary, and shall be added by him to the funds available for grants under this section. (g) With the approval of the Secretary, the state may allocate to a local government, to an area wide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, to a regional agency, or to an interstate agency, a portion of the grant under this section, for the purpose of carrying out the provisions of this section. (h) The authority to make grants under this section shall expire on June 30, 1977.

1283

Grants, allocation.

80 Stat. 1262; 82 Stat. 208. 42 USC 3334. Expiration date.

ADMINISTRATIVE GRANTS

SEC. 306. (a) The Secretary is authorized to make annual grants to any coastal state for not more than 66% per centum of the costs of administering the state's management program, if he approves such program in accordance with subsection (c) hereof. Federal funds received from other sources shall not be used to pay the state's share of costs. (b) Such grants shall be allocated to the states with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other relevant factors: Provided, however, That no annual administrative grant under this section shall be made in excess of 10 per centum nor less than 1 per centum of the total amount appropriated to carry out the purposes of this section. (c) Prior to granting approval of a management program submitted by a coastal state, the Secretary shall find that: (1) The state has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full participation by relevant Federal agencies, state agencies, local governments, regional organizationSj port authorities, and other interested parties, public and private, which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title. (2) The state has: (A) coordinated its program with local, area wide, and interstate plans applicable to areas within the coastal zone existing on January 1 of the year in which the state's management program is submitted to the Secretary, which plans have been developed by a local government, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration

Limitation.

Allocation.

Program requirements.

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PUBLIC LAW 92-583-OCT. 27, 1972

[86 STAT.

Cltles and Metropolitan Development Act of 1966, a regional ^SJi 01" ^n interstate agency; and (B) established an effective meclianism for continuing consultation and coordination between the management agency designated pursuant to paragraph (5) of this subsection and \\'ith local ' I.- ' governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the purposes of this title. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (1) of this subsection. (7) The state has the authorities necessary to implement the program, including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration ^^' of the national interest involved m the siting of facilities necessary to meet requirements which are other than local in nature. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserv.rtcrrs lYig or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power— (1) to administer land and water use regulations, control development in order to ensure compliance with the management program, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other - ,1.y^i nsia.^'T means when necessary to achieve conformance with the management program. (e) Prior to granting approval, the Secretary shall also find that the program provides: (1) for any one or a combination of the following general techniques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement of compliance; (B) Direct state land and water use planning and regulation: or (C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any state or local authority or private developer, with power to approve or disapprove after • public notice and an opportunity for hearings.

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Summa Theologiae/Second Part of the Second Part/Question 134

Question. 134 - OF MAGNIFICENCE (FOUR ARTICLES)
We must now consider magnificence and the vices opposed to it. With regard to magnificence there are four points of inquiry:

(1) Whether magnificence is a virtue?

(2) Whether it is a special virtue?

(3) What is its matter?

(4) Whether it is a part of fortitude?

Art. 1 - Whether magnificence is a virtue?
Objection 1: It seems that magnificence is not a virtue. For whoever has one virtue has all the virtues, as stated above (FS, Q[65], A[1]). But one may have the other virtues without having magnificence: because the Philosopher says (Ethic. iv, 2) that "not every liberal man is magnificent." Therefore magnificence is not a virtue.

Objection 2: Further, moral virtue observes the mean, according to Ethic. ii, 6. But magnificence does not seemingly observe the mean, for it exceeds liberality in greatness. Now "great" and "little" are opposed to one another as extremes, the mean of which is "equal," as stated in Metaph. x. Hence magnificence observes not the mean, but the extreme. Therefore it is not a virtue.

Objection 3: Further, no virtue is opposed to a natural inclination, but on the contrary perfects it, as stated above (Q[108], A[2]; Q[117], A[1], OBJ[1]). Now according to the Philosopher (Ethic. iv, 2) the "magnificent man is not lavish towards himself": and this is opposed to the natural inclination one has to look after oneself. Therefore magnificence is not a virtue.

Objection 4: Further, according to the Philosopher (Ethic. vi, 4) "act is right reason about things to be made." Now magnificence is about things to be made, as its very name denotes [*Magnificence= magna facere---i.e. to make great things]. Therefore it is an act rather than a virtue.

On the contrary, Human virtue is a participation of Divine power. But magnificence [virtutis] belongs to Divine power, according to Ps. 47:35: "His magnificence and His power is in the clouds." Therefore magnificence is a virtue.

I answer that, According to De Coelo i, 16, "we speak of virtue in relation to the extreme limit of a thing's power," not as regards the limit of deficiency, but as regards the limit of excess, the very nature of which denotes something great. Wherefore to do something great, whence magnificence takes its name, belongs properly to the very notion of virtue. Hence magnificence denotes a virtue.

Reply to Objection 1: Not every liberal man is magnificent as regards his actions, because he lacks the wherewithal to perform magnificent deeds. Nevertheless every liberal man has the habit of magnificence, either actually or in respect of a proximate disposition thereto, as explained above (Q[129], A[3], ad 2), as also (FS, Q[65], A[1]) when we were treating of the connection of virtues.

Reply to Objection 2: It is true that magnificence observes the extreme, if we consider the quantity of the thing done: yet it observes the mean, if we consider the rule of reason, which it neither falls short of nor exceeds, as we have also said of magnanimity (Q[129], A[3], ad 1).

Reply to Objection 3: It belongs to magnificence to do something great. But that which regards a man's person is little in comparison with that which regards Divine things, or even the affairs of the community at large. Wherefore the magnificent man does not intend principally to be lavish towards himself, not that he does not seek his own good, but because to do so is not something great. Yet if anything regarding himself admits of greatness, the magnificent man accomplishes it magnificently: for instance, things that are done once, such as a wedding, or the like; or things that are of a lasting nature; thus it belongs to a magnificent man to provide himself with a suitable dwelling, as stated in Ethic. iv.

Reply to Objection 4: As the Philosopher says (Ethic. vi, 5) "there must needs be a virtue of act," i.e. a moral virtue, whereby the appetite is inclined to make good use of the rule of act: and this is what magnificence does. Hence it is not an act but a virtue.

Art. 2 - Whether magnificence is a special virtue?
Objection 1: It seems that magnificence is not a special virtue. For magnificence would seem to consist in doing something great. But it may belong to any virtue to do something great, if the virtue be great: as in the case of one who has a great virtue of temperance, for he does a great work of temperance. Therefore, magnificence is not a special virtue, but denotes a perfect degree of any virtue.

Objection 2: Further, seemingly that which tends to a thing is the same as that which does it. But it belongs to magnanimity to tend to something great, as stated above (Q[129], AA[1],2). Therefore it belongs to magnanimity likewise to do something great. Therefore magnificence is not a special virtue distinct from magnanimity.

Objection 3: Further, magnificence seems to belong to holiness, for it is written (Ex. 15:11): "Magnificent [Douay: 'glorious'] in holiness," and (Ps. 95:6): "Holiness and magnificence [Douay: 'Majesty'] in His sanctuary." Now holiness is the same as religion, as stated above (Q[81], A[8]). Therefore magnificence is apparently the same as religion. Therefore it is not a special virtue, distinct from the others.

On the contrary, The Philosopher reckons it with other special virtues (Ethic. ii, 7; iv 2).

I answer that, It belongs to magnificence to do [facere] something great, as its name implies [magnificence= magna facere---i.e. to make great things]. Now "facere" may be taken in two ways, in a strict sense, and in a broad sense. Strictly "facere" means to work something in external matter, for instance to make a house, or something of the kind; in a broad sense "facere" is employed to denote any action, whether it passes into external matter, as to burn or cut, or remain in the agent, as to understand or will.

Accordingly if magnificence be taken to denote the doing of something great, the doing [factio] being understood in the strict sense, it is then a special virtue. For the work done is produced by act: in the use of which it is possible to consider a special aspect of goodness, namely that the work produced [factum] by the act is something great, namely in quantity, value, or dignity, and this is what magnificence does. In this way magnificence is a special virtue.

If, on the other hand, magnificence take its name from doing something great, the doing [facere] being understood in a broad sense, it is not a special virtue.

Reply to Objection 1: It belongs to every perfect virtue to do something great in the genus of that virtue, if "doing" [facere] be taken in the broad sense, but not if it be taken strictly, for this is proper to magnificence.

Reply to Objection 2: It belongs to magnanimity not only to tend to something great, but also to do great works in all the virtues, either by making [faciendo], or by any kind of action, as stated in Ethic. iv, 3: yet so that magnanimity, in this respect, regards the sole aspect of great, while the other virtues which, if they be perfect, do something great, direct their principal intention, not to something great, but to that which is proper to each virtue: and the greatness of the thing done is sometimes consequent upon the greatness of the virtue.

On the other hand, it belongs to magnificence not only to do something great, "doing" [facere] being taken in the strict sense, but also to tend with the mind to the doing of great things. Hence Tully says (De Invent. Rhet. ii) that "magnificence is the discussing and administering of great and lofty undertakings, with a certain broad and noble purpose of mind, discussion" referring to the inward intention, and "administration" to the outward accomplishment. Wherefore just as magnanimity intends something great in every matter, it follows that magnificence does the same in every work that can be produced in external matter [factibili].

Reply to Objection 3: The intention of magnificence is the production of a great work. Now works done by men are directed to an end: and no end of human works is so great as the honor of God: wherefore magnificence does a great work especially in reference to the Divine honor. Wherefore the Philosopher says (Ethic. iv, 2) that "the most commendable expenditure is that which is directed to Divine sacrifices": and this is the chief object of magnificence. For this reason magnificence is connected with holiness, since its chief effect is directed to religion or holiness.

Art. 3 - Whether the matter of magnificence is great expenditure?
Objection 1: It seems that the matter of magnificence is not great expenditure. For there are not two virtues about the same matter. But liberality is about expenditure, as stated above (Q[117], A[2]). Therefore magnificence is not about expenditure.

Objection 2: Further, "every magnificent man is liberal" (Ethic. iv, 2). But liberality is about gifts rather than about expenditure. Therefore magnificence also is not chiefly about expenditure, but about gifts.

Objection 3: Further, it belongs to magnificence to produce an external work. But not even great expenditure is always the means of producing an external work, for instance when one spends much in sending presents. Therefore expenditure is not the proper matter of magnificence.

Objection 4: Further, only the rich are capable of great expenditure. But the poor are able to possess all the virtues, since "the virtues do not necessarily require external fortune, but are sufficient for themselves," as Seneca says (De Ira i: De vita beata xvi). Therefore magnificence is not about great expenditure.

On the contrary, The Philosopher says (Ethic. iv, 2) that "magnificence does not extend, like liberality, to all transactions in money, but only to expensive ones, wherein it exceeds liberality in scale." Therefore it is only about great expenditure.

I answer that, As stated above (A[2]), it belongs to magnificence to intend doing some great work. Now for the doing of a great work, proportionate expenditure is necessary, for great works cannot be produced without great expenditure. Hence it belongs to magnificence to spend much in order that some great work may be accomplished in becoming manner. Wherefore the Philosopher says (Ethic. iv, 2) that "a magnificent man will produce a more magnificent work with equal," i.e. proportionate, "expenditure." Now expenditure is the outlay of a sum of money; and a man may be hindered from making that outlay if he love money too much. Hence the matter of magnificence may be said to be both this expenditure itself, which the magnificent man uses to produce a great work, and also the very money which he employs in going to great expense, and as well as the love of money, which love the magnificent man moderates, lest he be hindered from spending much.

Reply to Objection 1: As stated above (Q[129], A[2]), those virtues that are about external things experience a certain difficulty arising from the genus itself of the thing about which the virtue is concerned, and another difficulty besides arising from the greatness of that same thing. Hence the need for two virtues, concerned about money and its use; namely, liberality, which regards the use of money in general, and magnificence, which regards that which is great in the use of money.

Reply to Objection 2: The use of money regards the liberal man in one way and the magnificent man in another. For it regards the liberal man, inasmuch as it proceeds from an ordinate affection in respect of money; wherefore all due use of money (such as gifts and expenditure), the obstacles to which are removed by a moderate love of money, belongs to liberality. But the use of money regards the magnificent man in relation to some great work which has to be produced, and this use is impossible without expenditure or outlay.

Reply to Objection 3: The magnificent man also makes gifts of presents, as stated in Ethic. iv, 2, but not under the aspect of gift, but rather under the aspect of expenditure directed to the production of some work, for instance in order to honor someone, or in order to do something which will reflect honor on the whole state: as when he brings to effect what the whole state is striving for.

Reply to Objection 4: The chief act of virtue is the inward choice, and a virtue may have this without outward fortune: so that even a poor man may be magnificent. But goods of fortune are requisite as instruments to the external acts of virtue: and in this way a poor man cannot accomplish the outward act of magnificence in things that are great simply. Perhaps, however, he may be able to do so in things that are great by comparison to some particular work; which, though little in itself, can nevertheless be done magnificently in proportion to its genus: for little and great are relative terms, as the Philosopher says (De Praedic. Cap. Ad aliquid.).

Art. 4 - Whether magnificence is a part of fortitude?
Objection 1: It seems that magnificence is not a part of fortitude. For magnificence agrees in matter with liberality, as stated above (A[3]). But liberality is a part, not of fortitude, but of justice. Therefore magnificence is not a part of fortitude.

Objection 2: Further, fortitude is about fear and darings. But magnificence seems to have nothing to do with fear, but only with expenditure, which is a kind of action. Therefore magnificence seems to pertain to justice, which is about actions, rather than to fortitude.

Objection 3: Further, the Philosopher says (Ethic. iv, 2) that "the magnificent man is like the man of science." Now science has more in common with prudence than with fortitude. Therefore magnificence should not be reckoned a part of fortitude.

On the contrary, Tully (De Invent. Rhet. ii) and Macrobius (De Somn. Scip. i) and Andronicus reckon magnificence to be a part of fortitude.

I answer that, Magnificence, in so far as it is a special virtue, cannot be reckoned a subjective part of fortitude, since it does not agree with this virtue in the point of matter: but it is reckoned a part thereof, as being annexed to it as secondary to principal virtue.

In order for a virtue to be annexed to a principal virtue, two things are necessary, as stated above (Q[80]). The one is that the secondary virtue agree with the principal, and the other is that in some respect it be exceeded thereby. Now magnificence agrees with fortitude in the point that as fortitude tends to something arduous and difficult, so also does magnificence: wherefore seemingly it is seated, like fortitude, in the irascible. Yet magnificence falls short of fortitude, in that the arduous thing to which fortitude tends derives its difficulty from a danger that threatens the person, whereas the arduous thing to which magnificence tends, derives its difficulty from the dispossession of one's property, which is of much less account than danger to one's person. Wherefore magnificence is accounted a part of fortitude.

Reply to Objection 1: Justice regards operations in themselves, as viewed under the aspect of something due: but liberality and magnificence regard sumptuary operations as related to the passions of the soul, albeit in different ways. For liberality regards expenditure in reference to the love and desire of money, which are passions of the concupiscible faculty, and do not hinder the liberal man from giving and spending: so that this virtue is in the concupiscible. On the other hand, magnificence regards expenditure in reference to hope, by attaining to the difficulty, not simply, as magnanimity does, but in a determinate matter, namely expenditure: wherefore magnificence, like magnanimity, is apparently in the irascible part.

Reply to Objection 2: Although magnificence does not agree with fortitude in matter, it agrees with it as the condition of its matter: since it tends to something difficult in the matter of expenditure, even as fortitude tends to something difficult in the matter of fear.

Reply to Objection 3: Magnificence directs the use of art to something great, as stated above and in the preceding Article. Now art is in the reason. Wherefore it belongs to the magnificent man to use his reason by observing proportion of expenditure to the work he has in hand. This is especially necessary on account of the greatness of both those things, since if he did not take careful thought, he would incur the risk of a great loss.


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(2) for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. (f) With the approval of the Secretary, a state may allocate to a local government, an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agency, or an interstate agency, a portion of the grant under this section for the purpose of carrying out the provisions of this section: Provldexl^ That such allocation shall not relieve the state of the responsibility for ensuring that any funds so allocated are applied in furtherance of such state's approved management program. (g) The state shall be authorized to amend the management program. The modification shall be in accordance with the procedures required under subsection (c) of this section. Any amendment or modification of the program must be approved by the Secretary before additional administrative grants are made to the state under the program as amended. (h) At the discretion of the state and with the approval of the Secretary, a management program may be developed and adopted in segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management programs: Provided, That the state adequately provides for the ultimate coordination of the various segments of the management program into a single unified program and that the unified program will be completed as soon as is reasonably practicable.

80 Stat. 1262; 82 Stat. 208. 42 USC 3334.

Program modification.

Segmental development.

I N T E R A G E N C Y COORDINATION AND COOPERATION

SEC. 307. (a) In carrying out his functions and responsibilities under this title, the Secretary shall consult with, cooperate with, and, to the maximum extent practicable, coordinate his activities with other interested Federal agencies. (b) The Secretary shall not approve the management program submitted by a state pursuant to section 306 unless the views of Federal agencies principally affected by such program have been adequately considered. In case of serious disagreement between any Federal agency and the state in the development of the program the Secretary, in cooperation with the Executive Office of the President, shall seek to mediate the differences. (c)(1) Each Federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs. (2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs. (3) After final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the state's appr-oved program and that such activity will be conducted in a manner consistent with the program. At the same time, the applicant shall furnish to the state or its designated agency a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such

Certification.

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Notification.

42 USC 4231.

Ante, p. 816. 81 Stat. 485; 84 Stat. 1676. 42 USC 1857 note.

PUBLIC LAW 92-583-OCT. 27, 1972

[86

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certifications and, to the extent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable time, the state or its designated agency shall notify the Federal agency concerned that the state concurs with or objects to the applicant's certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copj^ of the applicant's certification, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its designated agency has concurred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds, after providing a reasonable opportunity for detailed comments from the Federal agency involved and from the state, that the activity is consistent with the objectives of this title or is otherwise necessary in the interest of national security. (d) State and local governments submitting applications for Federal assistance under other Federal programs affecting the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management program for the coastal zone. Such applications shall be submitted and coordinated in accordance with the provisions of title IV of the Intergovernmental Coordination Act of 1968 (82 Stat. 1098). Federal agencies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding by the Secretary that such project is consistent with the purposes of this title or necessary in the interest of national security. (e) Nothing in this title shall be construed— (1) to diminish either Federal or state jurisdiction, responsibility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more states or of two or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; (2) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pursuant to the Columbia River Basin Treaty, signed at Washington, January 17, 1961, or the International Boundary and Water Commission, United States and Mexico. (f) Notwithstanding any other provision of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air Act, as amended, or (2) established by the Federal Government or by any state or local government pursuant to such Acts. Such requirements shall be incorporated in any program developed pursuant to this title and shall be the water pollution control and air pollution control requirements applicable to such program. (g) When any state's coastal zone management program, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be hereafter enacted, the Secretary, prior to approving such pro-

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gram, shall obtain the concurrence of the Secretary of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management program affecting such inland areas. PUBLIC HEARINGS

SEC. 308. All public hearings required under this title must be unnoimced at least thirty days prior to the hearing date. At the time of the announcement, all agency materials pertinent to the hearings, including documents, studies, and other data, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they become available to the agency. REVIEW OF P E R FOR M A N C E

SEC. O09. (a) The Secretary shall conduct a continuing review of the management programs of the coastal states and of the performance of each state. (b) The Secretary shall have the authority to terminate any financial as^si"tance^ terassistance extended under section 306 and to withdraw any unexpended mination. portion of such assistance if (1) he determines that the state is failing to adhere to and is not justified in deviating from the program approved by the Secretary; and (2) the state has been given notice of the proposed termination and withdrawal and given an opportunity to present evidence of adherence or justification for altering its program. RECORDS

SEC. 310. (a) Each recipient of a grant under this title shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of the grant that are pertinent to the determination that funds granted are used in accordance with this title.

Audit.

AD\aSOKY COMMITTEE

SEC. 311. (a) The Secretary is authorized and directed to establish Ma^°^e*mi:^°Ada Coastal Zone jNIanagement Advisory Committee to advise, consult vfs'ory^c^ommittJe with, and make recommendations to the Secretary on matters of policy establishment; concerning the coastal zone. Such committee shall be composed of not '"^'"'^^''Pmore than fifteen persons designated by the Secretary and shall perform such functions and operate in such a manner as the Secretary may direct. The Secretary shall insure that the committee membership as a group possesses a broad range of experience and knowledge ja as relating to problems involving management, use, conservation, protection, and development of coastal zone resources. (b) Members of the committee who are not regular full-time tra^eT^e^pe^nte"'. employees of the United States, while serving on the business of the committee, including traveltime, may receive compensation at rates not exceeding $100 per diem; and while so serving away from their

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80 Stat. 499; 83 Stat. 190.

[86 STAT.

homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. ESTUARIlSrE SANCTUARIES

Grants.

Federal share,

SEC. 312. The Secretary, in accordance with rules and regulations promulgated by him, is authorized to make available to a coastal state grants of up to 50 per centum of the costs of acquisition, development, and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to gather data and make studies of the natural and human processes occurring within the estuaries of the coastal zouc. The Federal share of the cost for each such sanctuary shall not exceed $2,000,000. No Federal funds received pursuant to section 305 or section 306 shall be used for the purpose of this section. ANNUAL

_..

REPORT

SEC. 313. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress not later than November 1 of each year a report on the administration of this title for the preceding fiscal year. The report shall include but not be restricted to (1) an identification of the state programs approved pursuant to this title during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this title and a description of the status of each state's programs and its accomplishments during the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and disapproved or with respect to w i c h grants have been terminated under this title, and a statement of the reasons for such action; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 307, are not consistent with an applicable approved state management program; (6) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (7) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (8) a summary oi outstanding problems arising in the administration of this title in order of priority; and (9) such other information as may be appropriate. (b) The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to achieve the objectives of this title and enhance its effective operation. RULES A N D REGULATIONS

80 Stat. 383.

SEC. 314. The Secretary shall develop and promulgate, pursuant ^Q section 553 of title 5, United States Code, after notice and opportunity for full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the provisions of this title.

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PUBLIC LAW 92-584-OCT. 27, 1972 AUTHORIZATION OF APPROPRIATIONS

SEC. 315. (a) There are authorized to be appropriated— (1) the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977 for grants under section 305, to remain available until expended; (2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 306 to remain available until expended; and (3) such sums, not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as may be necessary, for grants under section 312, to remain available until expended. (b) There are also authorized to Ibe appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeeding fiscal years, as may be necessary for administrative expenses incident to the administration of this title. Approved October 27, 1972. Public Law 92-584 AN ACT To amend section 301 of the Immigration and Nationality Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301(b) of the Immigration and Nationality Act (8 U.S.C. 1401) is amended to read as follows: " (b) Any person who is a national and citizen of the United States under paragraph (T) of subsection (a) shall lose his nationality and citizenship unless—(1) he shall come to the United States and be continuously physically present therein for a period of not less than two years between the ages of fourteen years and twenty-eight years; or (2) the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years. I n the administration of this subsection absences from the United States of less than sixty days in the aggregate during the period for which continuous physical presence in the United States is required shall not break the continuity of such physical presence." SEC. 2. Section 16 of the Act of September 11, 1957, is hereby repealed. SEC. 3. Section 301 of the Immigration and Nationality Act is amended by adding at the end thereof a new subsection (d) to read as follows: " (d) Nothing contained in subsection (b), as amended, shall be construed to alter or affect the citizenship of any person who has come to the United States prior to the effective date of this subsection and who, whether before or after the effective date of this subsection, immediately following such coming complies or shall comply with the physical presence requirements for retention of citizenship specified in subsection (b) prior to its amendment and the repeal of section 16 of the Act of September 11, 1957." Approved October 27, 1972.

October 27, 1972 [H. R. 8273]

Immigration and Nationality Act, amendment. 66 Stat. 235. C i t i z e n s born abroad, res-idence requirements.

Repeal. 71 Stat. 644. 8 USC 1401b.

Supra

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