dreamproit/uscode huggingface dataset:
42 U.S.C. § 6710 (THE PUBLIC HEALTH AND WELFARE)
§ 6710. Authorization of appropriations
There is authorized to be appropriated not to exceed $6,000,000,000 for the period ending December 31, 1978, to carry out this chapter.
(Pub. L. 94–369, title I, § 111, July 22, 1976, 90 Stat. 1002; Pub. L. 95–28, title I, § 109, May 13, 1977, 91 Stat. 119.)
heading: Amendments
text: 1977—Pub. L. 95–28 substituted “$6,000,000,000 for the period ending December 31, 1978” for “$2,000,000,000 for the period ending September 30, 1977”.
heading: Immediate Initiation of Construction on Certain Projects
text: Pub. L. 95–28, title I, § 111, May 13, 1977, 91 Stat. 120, directed Secretary of Agriculture and Secretary of the Interior to immediately initiate construction of those Federal public works projects which are responsibility of their respective departments, which have been authorized, and which can be commenced within 60 days of May 13, 1977, and completed no later than 180th day after commencement of construction, with no funds authorized by this section used to carry out such works.
42 U.S.C. § 6721 (THE PUBLIC HEALTH AND WELFARE)
§ 6721. Congressional findings of fact and declaration of policy
The Congress finds—
(1) that State and local governments represent a significant segment of the national economy whose economic health is essential to national economic prosperity;
(2) that present national economic problems have imposed considerable hardships on State and local government budgets;
(3) that those governments, because of their own fiscal difficulties, are being forced to take budget-related actions which tend to undermine Federal Government efforts to stimulate the economy;
(4) that efforts to stimulate the economy through reductions in Federal Government tax obligations are weakened when State and local governments are forced to increase taxes;
(5) that the net effect of Federal Government efforts to reduce unemployment through public service jobs is substantially limited if State and local governments use federally financed public service employees to replace regular employees that they have been forced to lay off;
(6) that efforts to stimulate the construction industry and reduce unemployment are substantially undermined when State and local governments are forced to cancel or delay the construction of essential capital projects; and
(7) that efforts by the Federal Government to stimulate the economic recovery will be substantially enhanced by a program of emergency Federal Government assistance to State and local governments to help prevent those governments from taking budget-related actions which undermine the Federal Government efforts to stimulate economic recovery.
(Pub. L. 94–369, title II, § 201, July 22, 1976, 90 Stat. 1002.)
42 U.S.C. § 6722 (THE PUBLIC HEALTH AND WELFARE)
§ 6722. Financial assistance
(a) Payments to State and local governments
The Secretary of the Treasury (hereafter in this subchapter referred to as the “Secretary”) shall, in accordance with the provisions of this subchapter, make payments to States and to local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery.
(b) Authorization of appropriations
Subject to the provisions of subsections (c) and (d) of this section, there are authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of payments under this subchapter—
(1) $125,000,000, plus
(2) $30,000,000 multiplied by the number of whole one-tenth percentage points by which the rate of seasonally adjusted national unemployment for the most recent calendar quarter which ended three months before the beginning of such quarter exceeded 6 per centum.
(c) Aggregate authorization
In no case shall the aggregate amount authorized to be appropriated under the provisions of subsection (b) of this section for the five successive calendar quarters beginning with the calendar quarter which begins July 1, 1977, exceed $2,250,000,000.
(d) Termination
No amount is authorized to be appropriated under the provisions of subsection (b) of this section for any calendar quarter if—
(1) the average rate of national unemployment during the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent, or
(2) the rate of national unemployment for the last month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent.
(Pub. L. 94–369, title II, § 202, July 22, 1976, 90 Stat. 1002; Pub. L. 94–447, title II, § 201(1), Oct. 1, 1976, 90 Stat. 1498; Pub. L. 95–30, title VI, § 602, May 23, 1977, 91 Stat. 164.)
heading: Amendments
text: 1977—Subsec. (b). Pub. L. 95–30, § 602(a), substituted “July 1, 1977” for “July 1, 1976” in introductory provisions preceding par. (1) and in par. (2) substituted “$30,000,000 multiplied by the number of whole one-tenth” for “$62,500,000 multiplied by the number of one-half” and “such quarter exceeded 6 per centum” for “such calendar quarter exceeded 6 percent”.
Subsec. (c). Pub. L. 95–30, § 602(b), substituted “five successive calendar quarters beginning with the calendar quarter which begins July 1, 1977, exceed $2,250,000,000” for “five calendar quarters beginning with the calendar quarter which begins July 1, 1976, exceed $1,250,000,000”.
1976—Subsec. (d)(1). Pub. L. 94–447 substituted “6 percent, or” for “6 percent, and”.
42 U.S.C. § 6724 (THE PUBLIC HEALTH AND WELFARE)
§ 6724. Uses of payments
Each State and local government shall use payments made under this subchapter for the maintenance of basic services customarily provided to persons in that State or in the area under the jurisdiction of that local government, as the case may be. State and local governments may not use emergency support payments made under this subchapter for the acquisition of supplies and materials or for construction, except for normal supplies or repairs necessary to maintain basic services.
(Pub. L. 94–369, title II, § 204, July 22, 1976, 90 Stat. 1006; Pub. L. 94–447, title II, § 201(4), Oct. 1, 1976, 90 Stat. 1498; Pub. L. 95–30, title VI, § 604, May 23, 1977, 91 Stat. 166.)
heading: Amendments
text: 1977—Pub. L. 95–30 substituted “or for construction, except for normal supplies or repairs necessary to maintain basic services” for “and for construction, unless such supplies and materials or construction are to maintain basic services”.
1976—Pub. L. 94–447 substituted “support payments” for “support grants”.
42 U.S.C. § 6725 (THE PUBLIC HEALTH AND WELFARE)
§ 6725. Statement of assurances as prerequisite for payments; rules governing time and manner of filing; contents of statement
Each State and unit of local government may receive payments under this subchapter only upon filing with the Secretary, at such time and in such manner as the Secretary prescribes by rule, a statement of assurances. Such rules shall be prescribed by the Secretary not later than ninety days after July 22, 1976. The Secretary may not require any State or local government to file more than one such statement during each fiscal year. Each such statement shall contain—
(1) an assurance that payments made under this subchapter to the State or local government will be used for the maintenance, to the extent practical, of levels of public employment and of basic services customarily provided to persons in that State or in the area under the jurisdiction of that unit of local government which is consistent with the provisions of section 6724 of this title;
(2) an assurance that the State or unit of local government 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), and
(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 subchapter;
(3) an assurance that reasonable reports will be furnished to the Secretary in such form and containing such information as the Secretary may reasonably require to carry out the purposes of this subchapter and that such report shall be published in a newspaper of general circulation in the jurisdiction of such government unless the cost of such publication is excessive in relation to the amount of the payments received by such government under this subchapter or other means of publicizing such report is more appropriate, in which case such report shall be publicized pursuant to rules prescribed by the Secretary;
(4) an assurance that the requirements of section 6727 of this title will be complied with;
(5) an assurance that the requirements of section 6728 of this title will be complied with;
(6) an assurance that the requirements of section 6729 of this title will be complied with;
(7) an assurance that the State or unit of local government will spend any payment it receives under this subchapter before the end of the six-calendar-month period which begins on the day after the date on which such State or local government receives such payment; and
(8) an assurance that the State or unit of local government will spend amounts received under this subchapter only in accordance with the laws and procedures applicable to the expenditure of its own revenues.
(Pub. L. 94–369, title II, § 205, July 22, 1976, 90 Stat. 1006.)
42 U.S.C. § 6726 (THE PUBLIC HEALTH AND WELFARE)
§ 6726. Repealed. Pub. L. 95–30, title VI, § 603(i), May 23, 1977, 91 Stat 166
text: Section, Pub. L. 94–369, title II, § 206, July 22, 1976, 90 Stat. 1007, provided for the filing of optional State allocation plans.
42 U.S.C. § 6728 (THE PUBLIC HEALTH AND WELFARE)
§ 6728. Wage standards for laborers and mechanics; enforcement
All laborers and mechanics employed by contractors on all construction projects funded in whole or in part by payments under this subchapter shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40.
(Pub. L. 94–369, title II, § 208, July 22, 1976, 90 Stat. 1008.)
heading: References in Text
text: Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Codification
text: In text, “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a to 276a–5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)”, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
42 U.S.C. § 6729 (THE PUBLIC HEALTH AND WELFARE)
§ 6729. Reports to Secretary by States and local governments; contents
Each State and unit of local government which receives a payment under the provisions of this subchapter shall report to the Secretary any increase or decrease in any tax which it imposes and any substantial reduction in the number of individuals it employs or in services which such State or local government provides. Each State which receives a payment under the provisions of this subchapter shall report to the Secretary any decrease in the amount of financial assistance which the State provides to the units of local governments during the twelve-month period which ends on the last day of the calendar quarter immediately preceding July 22, 1976, together with an explanation of the reasons for such decrease. Such reports shall be made as soon as it is practical and, in any case, not more than six months after the date on which the decision to impose such tax increase or decrease, such reductions in employment or services, or such decrease in State financial assistance is made public.
(Pub. L. 94–369, title II, § 209, July 22, 1976, 90 Stat. 1008.)
42 U.S.C. § 6730 (THE PUBLIC HEALTH AND WELFARE)
§ 6730. Payments
(a) Time and amount
From the amount allocated for State and local governments under section 6723 of this title, the Secretary shall pay not later than five days after the beginning of each quarter to each State and to each local government which has filed a statement of assurances under section 6725 of this title, an amount equal to the amount allocated to such State or local government under section 6723 of this title.
(b) Adjustments
Payments under this subchapter may be made with necessary adjustments on account of overpayments or underpayments.
(c) Termination
No amount shall be paid to any State or local government under the provisions of this section for any calendar quarter if—
(1) the average rate of unemployment within the jurisdiction of such State or local government during the most recent calendar quarter which ended three months before the beginning of such calendar quarter was less than 4.5 percent, or
(2) the rate of unemployment within the jurisdiction of such government for the last month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 4.5 percent.
(Pub. L. 94–369, title II, § 210, July 22, 1976, 90 Stat. 1009; Pub. L. 94–447, title II, § 201 (5), Oct. 1, 1976, 90 Stat. 1498.)
heading: Amendments
text: 1976—Subsec. (c)(1). Pub. L. 94–447 substituted “4.5 percent, or” for “4.5 percent, and”.
42 U.S.C. § 6731 (THE PUBLIC HEALTH AND WELFARE)
§ 6731. Economization by State and local governments; statement of assurances, etc., required
Each State or unit of local government which receives payments under this subchapter shall provide assurances in writing to the Secretary, at such time and in such manner and form as the Secretary may prescribe by rule, that it has made substantial economies in its operations and that payments under this subchapter are necessary to maintain essential services without weakening Federal Government efforts to stimulate the economy through reductions in Federal tax obligations.
(Pub. L. 94–369, title II, § 211, July 22, 1976, 90 Stat. 1009.)
42 U.S.C. § 6732 (THE PUBLIC HEALTH AND WELFARE)
§ 6732. Withholding of payments for failure to comply with statement of assurances; procedures applicable
Whenever the Secretary, after affording reasonable notice and an opportunity for a hearing to any State or unit of local government, finds that there has been a failure to comply substantially with any assurance set forth in the statement of assurances of that State or units of local government filed under section 6725 of this title, the Secretary shall notify that State or unit of local government that further payments will not be made under this subchapter until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made under this subchapter.
(Pub. L. 94–369, title II, § 212, July 22, 1976, 90 Stat. 1009.)
42 U.S.C. § 6733 (THE PUBLIC HEALTH AND WELFARE)
§ 6733. Repealed. Pub. L. 104–66, title I, § 1131(b), Dec. 21, 1995, 109 Stat. 725
text: Section, Pub. L. 94–369, title II, § 213, July 22, 1976, 90 Stat. 1009, related to reports to Congress by Secretary of the Treasury.
42 U.S.C. § 6734 (THE PUBLIC HEALTH AND WELFARE)
§ 6734. Administration; rules; authorization of appropriations
(a) The Secretary is authorized to prescribe, after consultation with the Secretary of Labor, such rules as may be necessary for the purpose of carrying out his functions under this subchapter. Such rules should be prescribed by the Secretary not later than ninety days of July 22, 1976.
(b) There are authorized to be appropriated such sums as may be necessary for the administration of this subchapter.
(Pub. L. 94–369, title II, § 214, July 22, 1976, 90 Stat. 1010.)
42 U.S.C. § 6736 (THE PUBLIC HEALTH AND WELFARE)
§ 6736. Authorization of appropriations for Puerto Rico, Guam, American Samoa, and Virgin Islands
(a) Authorizations for five calendar quarters beginning July 1, 1977
There is hereby authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of making payments under this subchapter to Puerto Rico, Guam, American Samoa, and the Virgin Islands, an amount equal to 1 percent of the amount authorized for each such quarter under section 6722(b) of this title.
(b) Allocations
(1) The Secretary shall allocate from the amount authorized under subsection (a) of this section an amount for the purpose of making payments to such governments equal to the total authorized for the calendar quarter multiplied by the applicable territorial percentage.
(2) For the purposes of this subsection, the applicable territorial percentage is equal to the quotient resulting from the division of the territorial population by the sum of the territorial population for all territories.
(3) For purposes of this section—
(A) The term “territory” means Puerto Rico, Guam, American Samoa, and the Virgin Islands.
(B) The term “territorial population” means the most recent population for each territory as determined by the Bureau of Census.
(C) The provisions of sections 6723(c)(4), 6724, 6725, 6726,1 6727, 6728, 6729, 6730, 6731, 6732, and 6733 1 of this title shall apply to the funds authorized under this section.
(c) Payments to local governments
The governments of the territories are authorized to make payments to local governments within their jurisdiction from sums received under this section as they deem appropriate.
(Pub. L. 94–369, title II, § 216, as added Pub. L. 95–30, title VI, § 607, May 23, 1977, 91 Stat. 167.)
heading: References in Text
text: Section 6726 of this title, referred to in subsec. (b)(3)(C), was repealed by Pub. L. 95–30, title VI, § 603(i), May 23, 1977, 91 Stat. 166.
Section 6733 of this title, referred to in subsec. (b)(3)(C), was repealed by Pub. L. 104–66, title I, § 1131(b), Dec. 21, 1995, 109 Stat. 725.
42 U.S.C. § 6801 (THE PUBLIC HEALTH AND WELFARE)
§ 6801. Congressional findings and purpose
(a) The Congress finds that improvement in electric utility rate design has great potential for reducing the cost of electric utility services to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical generating facilities.
(b) It is the purpose of this subchapter to require the Secretary to develop proposals for improvement of electric utility rate design and transmit such proposals to Congress; to fund electric utility rate demonstration projects; to intervene or participate, upon request, in the proceedings of utility regulatory commissions; and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions.
(Pub. L. 94–385, title II, § 201, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)
heading: Short Title
text: Pub. L. 94–385, § 1, Aug. 14, 1976, 90 Stat. 1125, provided: “That this Act [enacting this chapter, section 6327 of this title, section 1701z–8 of Title 12, Banks and Banking, sections 787 and 790 to 790h of Title 15, Commerce and Trade, amending sections 5818, 6211, 6295, 6323, 6325, and 6326 of this title and sections 757, 764, 766, 772, 774, 777 and 784 of Title 15, and enacting provisions set out as notes under sections 6801, 6831, and 6851 of this title, and sections 753, 757, 761, and 790 of Title 15] may be cited as the ‘Energy Conservation and Production Act’.”
Pub. L. 94–385, title III, § 301, Aug. 14, 1976, 90 Stat. 1144, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘Energy Conservation Standards for New Buildings Act of 1976’.”
Pub. L. 94–385, title IV, § 401, Aug. 14, 1976, 90 Stat. 1150, provided that: “This title [enacting subchapter III of this chapter, section 6327 of this title, and section 1701z–8 of Title 12, Banks and Banking, and amending sections 6323, 6325, and 6326 of this title] may be cited as the ‘Energy Conservation in Existing Buildings Act of 1976’.”
heading: Transfer of Functions
text: “Secretary”, meaning Secretary of Energy, substituted for “Federal Energy Administration” in subsec. (b) pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Federal Energy Administration and transferred its functions (with certain exceptions) to Secretary of Energy.
42 U.S.C. § 6802 (THE PUBLIC HEALTH AND WELFARE)
§ 6802. Definitions
As used in this subchapter:
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “electric utility” means any person, State agency, or Federal agency which sells electric energy.
(3) The term “Federal agency” means any agency or instrumentality of the United States.
(4) The term “State agency” means a State, political subdivision thereof, or any agency or instrumentality of either.
(5) The term “State utility regulatory commission” means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority.
(6) The term “State” means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States.
(7) The term “utility regulatory commission” means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency).
(Pub. L. 94–385, title II, § 202, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 105–388, § 5(b)(2), Nov. 13, 1998, 112 Stat. 3479.)
heading: Amendments
text: 1998—Par. (1). Pub. L. 105–388 made technical amendment by striking heading and designation which had been inserted by Pub. L. 95–617.
1978—Par. (1). Pub. L. 95–617 substituted “The term ‘Secretary’ means the Secretary of Energy” for “The term ‘Administrator’ means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this subchapter”.