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government and transfers part or all of such taxes to such unit without specifying the purposes for which such unit may spend the revenues, and

(ii) the Governor of the State notifies the Secretary that the requirements of this subparagraph have been met with respect to such taxes,

then the taxes so transferred shall be treated as the taxes of the unit of local government (and not the taxes of the county government).

(f) Relative income factor.

For purposes of this subchapter, the relative income factor is a fraction

(1) in the case of a State, the numerator of which is the per capita income of the United States and the denominator of which is the per capita income of that State;

(2) in the case of a county area, the numerator of which is the per capita income of the State in which it is located and the denominator of which is the per capita income of that county area; and

(3) in the case of a unit of local government, the numerator of which is the per capita income of the county area in which it is located and the denominator of which is the per capita income of the geographic area of that unit of local government. For purposes of this subsection, per capita income shall be determined on the basis of income as defined in paragraph (3) of subsection (a) of this section.

(g) Allocation rules for five factor formula.

For purposes of section 1225 (b) (3) of this title

(1) Allocation on basis of population.

Any allocation among the States on the basis of population shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as the population of such State bears to the population of all the States. (2) Allocation on basis of urbanized population.

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

(3) Allocation on basis of population inversely weighted for per capita income.

Any allocation among the States on the basis of population inversely weighted for per capita income shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as

(A) the population of such State, multiplied by a fraction the numerator of which is the per capita income of all the States and the denominator of which is the per capita income of such State, bears to

(B) the sum of the products determined under subparagraph (A) for all the States.

(4) Allocation on basis of income tax collections. Any location among the States on the basis of income tax collections shall be made by allocating to each State an amount which bears the same

ratio to the total amount to be allocated as the income tax amount of such State bears to the sum of the income tax amounts of all the States.

(5) Allocation on basis of general tax effort.

Any allocation among the States on the basis of general tax effort shall be made by allocating to each State an amount which bears the same ratio to the total amount to be allocated as the general tax effort amount of such State bears to the sum of the general tax effort amounts of all the States. (Pub. 92-512, title I, § 109, Oct. 20, 1972, 86 Stat. 928.)

SUBCHAPTER II-ADMINISTRATIVE

PROVISIONS

§ 1241. Reports on use of funds; publication. (a) Reports on use of funds.

Each State government and unit of local government which receives funds under subchapter I of this chapter shall, after the close of each entitlement period, submit a report to the Secretary setting forth the amounts and purposes for which funds received during such period have been spent or obligated. Such reports shall be in such form and detail and shall be submitted at such time as the Secretary may prescribe.

(b) Reports on planned use of funds.

Each State government and unit of local government which expects to receive funds under subchapter I of this chapter for any entitlement period beginning on or after January 1, 1973, shall submit a report to the Secretary setting forth the amounts and purposes for which it plans to spend or obligate the funds which it expects to receive during such period. Such reports shall be in such form and detail as the Secretary may prescribe and shall be submitted at such time before the beginning of the entitlement period as the Secretary may prescribe. (c) Publication and publicity of reports.

Each State government and unit of local government shall have a copy of each report submitted by it under subsection (a) or (b) of this section published in a newspaper which is published within the State and has general circulation within the geographic area of that government. Each State government and unit of local government ́shall advise the news media of the publication of its reports pursuant to this subsection. (Pub. L. 92-512, title I, § 121, Oct. 20, 1972, 86 Stat. 931.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1243 of this title. § 1242. Nondiscrimination provision. (a) In general.

No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under subchapter I of this chapter. (b) Authority of Secretary.

Whenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) of this section or an

applicable regulation, he shall notify the Governor of the State (or, in the case of a unit of local government, the Governor of the State in which such unit is located) of the noncompliance and shall request the Governor to secure compliance. If within a reasonable period of time the Governor fails or refuses to secure compliance, the Secretary is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions provided by title VI of the Civil Rights Act of 1964; or (3) to take such other actions as may be provided by law.

(c) Authority of Attorney General.

When a matter is referred to the Attorney General pursuant to subsection (b) of this section, or I whenever he has reason to believe that a State government or unit of local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (Pub. L. 92-512, title I, § 122, Oct. 20, 1972, 86 Stat. 932.)

REFERENCES IN TEXT

Title VI of the Civil Rights Act of 1964, referred to in subsec. (b), is classified to section 2000d et seq. of Title 42, The Public Health and Welfare.

§ 1243. Miscellaneous provisions. (a) Assurance to the Secretary.

In order to qualify for any payment under subchapter I of this chapter for any entitlement period beginning on or after January 1, 1973, a State government or unit of local government must establish (in accordance with regulations prescribed by the Secretary, and, with respect to a unit of local government, after an opportunity for review and comment by the Governor of the State in which such unit is located) to the satisfaction of the Secretary that

(1) it will establish a trust fund in which it will deposit all payments it receives under subchapter I of this chapter,

(2) it will use amounts in such trust fund (including any interest earned thereon while in such trust fund) during such reasonable period or periods as may be provided in such regulations;

(3) in the case of a unit of local government, it will use amounts in such trust fund (including any interest earned thereon while in such trust fund) only for priority expenditures (as defined in section 1222(a) of this title), and will pay over to the Secretary (for deposit in the general fund of the Treasury) an amount equal to 110 percent of any amount expended out of such trust fund in violation of this paragraph, unless such amount is promptly repaid to such trust fund (or the violation is otherwise corrected) after notice and opportunity for corrective action;

(4) it will provide for the expenditure of amounts received under subchapter I of this chapter only in accordance with the laws and procedures applicable to the expenditure of its own revenues;

(5) it will

(A) use fiscal, accounting, and audit procedures which conform to guidelines established therefor by the Secretary (after consultation with the Comptroller General of the United States).

(B) provide to the Secretary (and to the Comptroller General of the United States), on reasonable notice, access to, and the right to examine, such books, documents, papers, or records as the Secretary may reasonably require for purposes of reviewing compliance with this chapter (or, in the case of the Comptroller General, as the Comptroller General may reasonably require for purposes of reviewing compliance and operations under subsection (c) (2) of this section), and

(C) make such annual and interim reports (other than reports required by section 1241 of this title) to the Secretary as he may reasonably require;

(6) all laborers and mechanics employed by contractors or subcontractors in the performance of work on any construction project, 25 percent or more of the costs of which project are paid out of its trust fund established under paragraph (1), will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, and that with respect to the labor standards specified in this paragraph the Secretary of Labor shall act in accordance with Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40;

(7) individuals employed by it whose wages are paid in whole or in part out of its trust fund established under paragraph (1) will be paid wages which are not lower than the prevailing rates of pay for persons employed in similar public occupations by the same employer; and

(8) in the case of a unit of local government as defined in the second sentence of section 1227 (d)(1) of this title (relating to governments of Indian tribes and Alaskan native villages), it will expend funds received by it under subchapter I of this chapter for the benefit of members of the tribe or village residing in the county area from the allocation of which funds are allocated to it under section 1227(b) (4) of this title. Paragraph (7) shall apply with respect to employees in any category only if 25 percent or more of the wages of all employees of the State government or unit of local government in such category are paid from the trust fund established by it under paragraph (1).

(b) Withholding of payments.

If the Secretary determines that a State government or unit of local government has failed to comply substantially with any provision of subsection (a) of this section or any regulations prescribed thereunder, after giving reasonable notice and opportunity for a hearing to the Governor of the State or the chief executive officer of the unit of local gov

ernment, he shall notify the State government or unit of local government that if it fails to take corrective action within 60 days from the date of receipt of such notification further payments to it will be withheld for the remainder of the entitlement period and for any subsequent entitlement period until such time as the Secretary is satisfied that appropriate corrective action has been taken and that there will no longer be any failure to comply. Until he is satisfied, the Secretary shall make no further payments of such amounts.

(c) Accounting, auditing, and evaluation.

(1) In general.

The Secretary shall provide for such accounting and auditing procedures, evaluations, and reviews as may be necessary to insure that the expenditures of funds received under subchapter I of this chapter by State governments and units of local government comply fully with the requirements of this chapter. The Secretary is authorized to accept and audit by a State of such expenditures of a State government or unit of local government if he determines that such audit and the audit procedures of that State are sufficiently reliable to enable him to carry out his duties under this chapter.

(2) Comptroller General shall review compliance.

The Comptroller General of the United States shall make such reviews of the work as done by the Secretary, the State governments, and the units of local government as may be necessary for the Congress to evaluate compliance and operations under this chapter.

(Pub. L. 92-512, title I, § 123, Oct. 20, 1972, 86 Stat. 932.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (a) (6), is classified to sections 2768 to 276a-5 of Title 40, Public Buildings, Property, and Works.

CODIFICATION

"This chapter", referred to in subsec. (a) (5) (B) and (c) (1) and (2), read in the original "this title" meaning title I of Pub. L. 92-512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code.

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a) (6), is set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1263 of this title.

SUBCHAPTER III-GENERAL PROVISIONS

§ 1261. Definitions and special rules.

(a) Secretary.

For purposes of this chapter, the term "Secretary" means the Secretary of the Treasury or his delegate. The term "Secretary of the Treasury" means the Secretary of the Treasury personally, not including any delegate.

(b) Entitlement period.

For purposes of this chapter, the term "entitlement period" means

(1) The period beginning January 1, 1972, and ending June 30, 1972.

(2) The period beginning July 1, 1972, and ending December 31, 1972.

(3) The period beginning January 1, 1973, and ending June 30, 1973.

(4) The one-year periods beginning on July 1 of 1973, 1974, and 1975.

(5) The period beginning July 1, 1976, and ending December 31, 1976.

(c) District of Columbia.

(1) Treatment as State and local government.

For purposes of this chapter, the District of Columbia shall be treated both

(A) as a State (and any reference to the Governor of a State shall, in the case of the District of Columbia, be treated as a reference to the Commissioner of the District of Columbia), and

(B) as a county area which has no units of local government (other than itself) within its geographic area.

(2) Reduction in case of income tax on nonresident individuals.

If there is hereafter enacted a law imposing a tax on income earned in the District of Columbia by individuals who are not residents of the District of Columbia, then the entitlement of the District of Columbia under subchapter I of this chapter for any entitlement period shall be reduced by an amount equal to the net collections from such tax during such entitlement period attributable to individuals who are not residents of the District of Columbia. The preceding sentence shall not apply if—

(A) the District of Columbia and Maryland enter into an agreement under which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, and the District of Columbia and Virginia enter into an agreement under which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, or

(B) the Congress enacts a law directly imposing a tax on income earned in the District of Columbia by individuals who are not residents of the District of Columbia.

(Pub. L. 92-512, title I, § 141, Oct. 20, 1972, 86 Stat. 934.)

CODIFICATION

"This chapter", referred to in subsecs. (a), (b), and (c) (1), read in the original "this title" meaning title I of Pub. L. 92-512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code.

§ 1262. Regulations.

(a) General rule.

The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this chapter.

(b) Administrative procedure act to apply.

The rulemaking provisions of subchapter II of chapter 5 of Title 5 shall apply to the regulations prescribed under this chapter for entitlement periods beginning on or after January 1, 1973. (Pub. L. 92-512, title I, § 142, Oct. 20, 1972, 86 Stat. 935.)

CODIFICATION

"The chapter", referred to in subsecs. (a) and (b), read in the original "this title" meaning title I of Pub. L. 92512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code.

§ 1263. Judicial review.

(a) Petitions for review.

Any State which receives a notice of reduction in entitlement under section 1226(b) of this title, and any State or unit of local government which receives a notice of withholding of payments under section 1223(b) or 1243 (b) of this title, may, within 60 days after receiving such notice, file with the United States court of appeals for the circuit in which such State or unit of local government is located a petition for review of the action of the Secretary. A copy of the petition shall forthwith be transmitted to the Secretary; a copy shall also forthwith be transmitted to the Attorney General.

(b) Record.

The Secretary shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of Title 28. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.

(c) Jurisdiction of court.

The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence contained in the record, shall be conclusive. However, if any finding is not supported by substantial evidence contained in the record, the court may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous actions. He shall certify to the court the record of any further proceedings. Such new or modify findings of fact shall likewise be conclusive if supported by substantial evidence contained in the record.

(d) Review by Supreme Court.

The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of Title 28. (Pub. L. 92-512, title I, § 143, Oct. 20, 1972, 86 Stat. 935.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1227 of this title.

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In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title:

(1) "Territory" means any Territory organized after this title is enacted, so long as it remains a Territory. However, for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, "Territory" includes the Virgin Islands.

(As amended Oct. 13, 1972, Pub. L. 92-492, § 2(a), 86 Stat. 810.)

AMENDMENTS

1972 CI. (1). Pub. L. 92-492 added provision including within the term "Territory" for the purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands.

§ 107. Availability of appropriations.

(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for—

(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (As amended Aug. 13, 1971, Pub. L. 92-119, § 1(a), 85 Stat. 340.)

AMENDMENTS

1971-Pub. L. 92-119, § 1(a) (1), substituted "Availability" for "Apportionment" in the catchline.

Subsec. (a). Pub. L. 92-119, § 1(a) (2), (3), (4), redesignated former subsec. (b) as subsec. (a), and in subsec. (a) as so redesignated, substituted "appropriation for the National Guard" for "apportioned appropriation". Former subsec. (a), which provided for the apportionment of appropriations for the Army National Guard and Air National Guard under prescribed formulas among the states, territories, Puerto Rico, the Canal Zone, District of Columbia, was stricken.

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Subsec. (b). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b). Former subsec. (b) redesignated subsec. (a) and amended.

Subsec. (c). Pub. L. 92-119, § 1(a)(4), redesignated former subsec. (c) as subsec. (b).

Chapter 3.-PERSONNEL

§ 307. Federal recognition of officers: examination; certificate of eligibility.

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(g) Federal recognition may not be extended in the case of any member of the National Guard of the Virgin Islands in any grade above colonel. (As amended Oct. 13, 1972, Pub. L. 92-492, § 2(b), 86 Stat. 810.)

AMENDMENTS

1972 Subsec. (g). Pub. L. 92-492 added subsec. (g).

Chapter 5.-TRAINING

§ 502. Required drills and field exercises.

(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall—

(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and

(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.

However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required member ship in the National Guard.

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