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TITLE III-CRIME PREVENTION Section 31001
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM. (a)
Program .-Title 31, United States Code, is amended by
chapter 65 the following new chapter:
"CHAPTER 67-FEDERAL PAYMENTS
"Sec.
"6701. Payments to local governments.
"6702. Local Government Fiscal Assistance Fund.
"6703. Qualification for payment.
"6704. State area allocations; allocations and payments to territorial
governments.
"6705. Local government allocations.
"6706. Income gap multiplier.
"6707. State variation of local government allocations.
"6708. Adjustments of local government allocations.
"6709. Information used in allocation formulas.
"6710. Public participation.
"6711. Prohibited discrimination.
"6712. Discrimination proceedings.
"6713. Suspension and termination of payments in discrimination
proceedings.
"6714. Compliance agreements.
"6715. Enforcement by the Attorney General of prohibitions on
discrimination.
"6716. Civil action by a person adversely affected.
"6717. Judicial review.
"6718. Investigations and reviews.
"6719. Reports.
"6720. Definitions, application, and administration.
" 6701. Payments to local governments
"(a) Payment and Use .-
"(1) Payment .-The Secretary shall pay to each unit of general local
government which qualifies for a payment under this chapter an amount
equal to the sum of any amounts allocated to the government under this
chapter for each payment period. The Secretary shall pay such amount
out of the Local Government Fiscal Assistance Fund under section 6702.
"(2) Use .-Amounts paid to a unit of general local government under
this section shall be used by that unit for carrying out one or more
programs of the
unit related to-
"(A) education to prevent crime;
"(B) substance abuse treatment to prevent crime; or
"(C) job programs to prevent crime.
"(3) Coordination .-Programs funded under this title shall be
coordinated with other existing Federal programs to meet the overall
needs of communities that benefit from funds received under this
section.
"(b) Timing of Payments .-The Secretary shall pay each amount
allocated under this chapter to a unit of general local government for
a payment period by the later of 90 days after the date the amount is
available or the first day of the payment period provided that the
unit of general local government has provided the Secretary with the
assurances required by section 6703(d).
"(c) Adjustments .-
"(1) In general .-Subject to paragraph (2), the Secretary shall adjust
a payment under this chapter to a unit of general local government to
the extent that a prior payment to the government was more or less
than the amount required to be paid.
"(2) Considerations .-The Secretary may increase or decrease under
this subsection a payment to a unit of local government only if the
Secretary determines the need for the increase or decrease, or the
unit requests the increase or decrease, within one year after the end
of the payment period for which the payment was made.
"(d) Reservation for Adjustments .-The Secretary may reserve a
percentage of not more than 2 percent of the amount under this section
for a payment period for all units of general local government in a
State if the Secretary considers the reserve is necessary to ensure
the availability of sufficient amounts to pay adjustments after the
final allocation of amounts among the units of general local
government in the State.
"(e) Repayment of Unexpended Amounts .-
"(1) Repayment required .-A unit of general local government shall
repay to the Secretary, by not later than 15 months after receipt from
the Secretary, any amount that is-
"(A) paid to the unit from amounts appropriated under the authority of
this section; and
"(B) not expended by the unit within one year after receipt from the
Secretary.
"(2) Penalty for failure to repay .-If the amount required to be
repaid is not repaid, the Secretary shall reduce payments in future
payment periods accordingly.
"(3) Deposit of amounts repaid .-Amounts received by the Secretary as
repayments under this subsection shall be deposited in the Local
Government Fiscal Assistance Fund for future payments to units of
general local government.
"(f) Expenditure With Disadvantaged Business Enterprises .-
"(1) General rule .-Of amounts paid to a unit of general local
government under this chapter for a payment period, not less than 10
percent of the total combined amounts obligated by the unit for
contracts and subcontracts shall be expended with-
"(A) small business concerns controlled by socially and economically
disadvantaged individuals and women; and
"(B) historically Black colleges and universities and colleges and
universities having a student body in which more than 20 percent of
the students are Hispanic Americans or Native Americans.
"(2) Exception .-Paragraph (1) shall not apply to amounts paid to a
unit of general local government to the extent the unit determines
that the paragraph does not apply through a process that provides for
public participation.
"(3) Definitions .-For purposes of this subsection-
"(A) the term 'small business concern' has the meaning such term has
under section 3 of the Small Business Act; and
"(B) the term 'socially and economically disadvantaged individuals'
has the meaning such term has under section 8(d) of the Small Business
Act and relevant subcontracting regulations promulgated pursuant to
that section.
"(g) Nonsupplanting Requirement .-
"(1) In general .-Funds made available under this chapter to units of
local government shall not be used to supplant State or local funds,
but will be used to increase the amount of funds that would, in the
absence of funds under this chapter, be made available from State or
local sources.
"(2) Base level amount .-The total level of funding available to a
unit of local government for accounts serving eligible purposes under
this chapter in the fiscal year immediately preceding receipt of a
grant under this chapter shall be designated the 'base level account'
for the fiscal year in which grant is received. Grants under this
chapter in a given fiscal year shall be reduced on a dollar for dollar
basis to the extent that a unit of local government reduces its base
level account in that fiscal year.
" 6702. Local Government Fiscal Assistance Fund
"(a) Administration of Fund .-The Department of the Treasury has a
Local Government Fiscal Assistance Fund, which consists of amounts
appropriated to the Fund.
"(b) Authorization of Appropriations .-There are authorized to be
appropriated to the Fund-
"(1) $ 270,000,000 for fiscal year 1996;
"(2) $ 283,500,000 for fiscal year 1997;
"(3) $ 355,500,000 for fiscal year 1998;
"(4) $ 355,500,000 for fiscal year 1999; and
"(5) $ 355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
"(c) Administrative Costs .-Up to 2.5 percent of the amount authorized
to be appropriated under subsection (b) is authorized to be
appropriated for the period fiscal year 1995 through fiscal year 2000
to be available for administrative costs by the Secretary in
furtherance of the purposes of the program. Such sums are to remain
available until expended.
" 6703. Qualification for payment
"(a) In General .-The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use
of assistance under this chapter. Subject to subsection (c), the
assistance provided shall be used, in amounts determined by the unit,
for activities under, or for activities that are substantially similar
to an activity under, 1 or more of the following programs and the
notice shall identify 1 or more of the following programs for each
such use:
"(1) The Drug Abuse Resistance Education Program under section 5122 of
the Elementary and Secondary Education Act of 1965.
"(2) The National Youth Sports Program under section 682 of the
Community Services Block Grant Act (Public Law 97-35) as amended by
section 205, Public Law 103-252.
"(3) The Gang Resistance Education and Training Program under the Act
entitled 'An Act making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal year
ending September 30, 1991, and for other purposes', approved November
5, 1990 (Public Law 101-509).
"(4) Programs under title II or IV of the Job Training Partnership Act
(29 U.S.C. 1601 et seq.). [*H8791]
"(5) Programs under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.) as amended.
"(6) Programs under the School to Work Opportunities Act (Public Law
103-239).
"(7) Substance Abuse Treatment and Prevention programs authorized
under title V or XIX of the Public Health Services Act (43 U.S.C. 201
et seq.).
"(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).
"(9) Programs under part A or B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965.
"(10) The TRIO programs under part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
"(11) Programs under the National Literacy Act of 1991.
"(12) Programs under the Carl Perkins Vocational Educational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.).
"(13) The demonstration partnership programs including the community
initiative targeted to minority youth under section 203 of the Human
Services Reauthorization of 1994 (Public Law 103-232).
"(14) The runaway and homeless youth program and the transitional
living program for homeless youth under title III of the Juvenile
Justice and Delinquency Prevention Act (Public Law 102-586).
"(15) The family support program under subtitle F of title VII of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 1148 et seq.).
"(16) After-school activities for school aged children under the Child
Care and Development Block Grant Act (42 U.S.C. 9858 et seq.).
"(17) The community-based family resource programs under section 401
of the Human Services Reauthorization Act of 1994 (Public Law
103-232).
"(18) The family violence programs under the Child Abuse Prevention
and Treatment Act Amendments of 1984.
"(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department of Housing
and Urban Development.
"(b) Notice to Agency .-Upon receipt of notice under subsection (a)
from an eligible unit of general local government, the Secretary shall
notify the head of the appropriate Federal agency for each program
listed in subsection (a) that is identified in the notice as a program
under which an activity will be conducted with assistance under this
chapter. The notification shall state that the unit has elected to use
some or all of its assistance under this chapter for activities under
that program. The head of a Federal agency that receives such a
notification shall ensure that such use is in compliance with the laws
and regulations applicable to that program, except that any
requirement to provide matching funds shall not apply to that use.
"(c) Alternative Uses of Funds .-
"(1) Alternative uses authorized .-In lieu of, or in addition to, use
for an activity described in subsection (a) and notice for that use
under subsection (a), an eligible unit of general local government may
use assistance under this chapter, and shall provide notice of that
use to the Secretary under subsection (a), for any other activity that
is consistent with 1 or more of the purposes described in section
6701(a)(2).
"(2) Notice deemed to describe consistent use .-Notice by a unit of
general local government that it intends to use assistance under this
chapter for an activity other than an activity described in subsection
(a) is deemed to describe an activity that is consistent with 1 or
more of the purposes described in section 6701(a)(2) unless the
Secretary provides to the unit, within 30 days after receipt of that
notice of intent from the unit, written notice (including an
explanation) that the use is not consistent with those purposes.
"(d) General Requirements for Qualification .-A unit of general local
government qualifies for a payment under this chapter for a payment
period only after establishing to the satisfaction of the Secretary
that-
"(1) the government will establish a trust fund in which the
government will deposit all payments received under this chapter;
"(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;
"(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to the
expenditure of revenues of the government;
"(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust
fund, individuals in the occupation any part of whose pay is paid out
of the trust fund will receive pay at least equal to the prevailing
rate of pay for individuals employed in similar public employee
occupations by the government;
"(5) All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and subcontract for
the repair, renovation, alteration, or construction, including
painting and decorating, of any building or work that is financed in
whole or in part by a grant under this title, shall be paid wages not
less than those determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act);
as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have
the authority and functions set forth in reorganization plan of No. 14
of 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June
1, 1934 (commonly known as the Copeland Anti- Kickback Act) as amended
(40 U.S.C. 276c, 48 Stat. 948).
"(5) the government will use accounting, audit, and fiscal procedures
that conform to guidelines which shall be prescribed by the Secretary
after consultation with the Comptroller General of the United States.
As applicable, amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;
"(6) after reasonable notice to the government, the government will
make available to the Secretary and the Comptroller General of the
United States, with the right to inspect, records the Secretary
reasonably requires to review compliance with this chapter or the
Comptroller General of the United States reasonably requires to review
compliance and operations under section 6718(b);
"(7) the government will make reports the Secretary reasonably
requires, in addition to the annual reports required under section
6719(b); and
"(8) the government will spend the funds only for the purposes set
forth in section 6701(a)(2).
"(e) Review by Governors .-A unit of general local government shall
give the chief executive officer of the State in which the government
is located an opportunity for review and comment before establishing
compliance with subsection (d).
"(f) Sanctions for Noncompliance .-
"(1) In general .-If the Secretary decides that a unit of general
local government has not complied substantially with subsection (d) or
regulations prescribed under subsection (d), the Secretary shall
notify the government. The notice shall state that if the government
does not take corrective action by the 60th day after the date the
government receives the notice, the Secretary will withhold additional
payments to the government for the current payment period and later
payment periods until the Secretary is satisfied that the government-
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed under
subsection (d).
"(2) Notice .-Before giving notice under paragraph (1), the Secretary
shall give the chief executive officer of the unit of general local
government reasonable notice and an opportunity for comment.
"(3) Payment conditions .-The Secretary may make a payment to a unit
of general local government notified under paragraph (1) only if the
Secretary is satisfied that the government-
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed under
subsection (d).
" 6704. State area allocations; allocations and payments to
territorial governments "(a) Formula Allocation by State .-For each
payment period, the Secretary shall allocate to each State out of the
amount appropriated for the period under the authority of section
6702(b) (minus the amounts allocated to territorial governments under
subsection (e) for the payment period) an amount bearing the same
ratio to the amount appropriated (minus such amounts allocated under
subsection (e)) as the amount allocated to the State under this
section bears to the total amount allocated to all States under this
section. The Secretary shall-
"(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State;
and
"(2) allocate the amount allocated to the State to units of general
local government in the State under sections 6705 and 6706.
"(b) General Formula .-
"(1) In general .-For the payment period beginning October 1, 1994,
the amount allocated to a State under this subsection for a payment
period is the amount bearing the same ratio to $ 5,300,000,000 as-
"(A) the population of the State, multiplied by the general tax effort
factor of the State (determined under paragraph (2)), multiplied by
the relative income factor of the State (determined under paragraph
(3)), multiplied by the relative rate of the labor force unemployed in
the State (determined under paragraph (4)); bears to
"(B) the sum of the products determined under subparagraph (A) of this
paragraph for all States.
"(2) General tax effort factor .-The general tax effort factor of a
State for a payment period is-
"(A) the net amount of State and local taxes of the State collected
during the year 1991 as reported by the Bureau of the Census in the
publication Government Finances 1990-1991; divided by
"(B) the total income of individuals, as determined by the Secretary
of Commerce for national accounts purposes for 1992 as reported in the
publication Survey of Current Business (August 1993), attributed to
the State for the same year.
"(3) Relative income factor .-The relative income factor of a State is
a fraction in which-
"(A) the numerator is the per capita income of the United States; and
"(B) the denominator is the per capita income of the State.
"(4) Relative rate of labor force .-The relative rate of the labor
force unemployed in a State is a fraction in which-
"(A) the numerator is the percentage of the labor force of the State
that is unemployed in the calendar year preceding the payment period
(as determined by the Secretary of Labor for general statistical
purposes); and
"(B) the denominator is the percentage of the labor force of the
United States that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for general
statistical purposes).
"(c) Alternative Formula .-For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for a
payment period is the total amount the State would receive if-
"(1) $ 1,166,666,667 were allocated among the States on the basis of
population by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as the
population of the State bears to the population of all States;
[*H8792]
"(2) $ 1,166,666,667 were allocated among the States on the basis of
population inversely weighted for per capita income, by allocating to
each State an amount bearing the same ratio to the total amount to be
allocated under this paragraph as-
"(A) the population of the State, multiplied by a fraction in which-
"(i) the numerator is the per capita income of all States; and
"(ii) the denominator is the per capita income of the State; bears to
"(B) the sum of the products determined under subparagraph (A) for all
States;
"(3) $ 600,000,000 were allocated among the States on the basis of
income tax collections by allocating to each State an amount bearing
the same ratio to the total amount to be allocated under this
paragraph as the income tax amount of the State (determined under
subsection (d)(1)) bears to the sum of the income tax amounts of all
States;
"(4) $ 600,000,000 were allocated among the States on the basis of
general tax effort by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the general tax effort amount of the State (determined under
subsection (d)(2)) bears to the sum of the general tax effort amounts
of all States;
"(5) $ 600,000,000 were allocated among the States on the basis of
unemployment by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as-
"(A) the labor force of the State, multiplied by a fraction in which-
"(i) the numerator is the percentage of the labor force of the State
that is unemployed in the calendar year preceding the payment period
(as determined by the Secretary of Labor for general statistical
purposes); and
"(ii) the denominator is the percentage of the labor force of the
United States that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for general
statistical purposes)
bears to
"(B) the sum of the products determined under subparagraph (A) for all
States; and
"(6) $ 1,166,666,667 were allocated among the States on the basis of
urbanized population by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the urbanized population of the State bears to the urbanized
population of all States. In this paragraph, the term 'urbanized
population' means the population of an area consisting of a central
city or cities of at least 50,000 inhabitants and the surrounding
closely settled area for the city or cities considered as an urbanized
area as published by the Bureau of the Census for 1990 in the
publication General Population Characteristics for Urbanized Areas.
"(d) Income Tax Amount and Tax Effort Amount .-
"(1) Income tax amount .-The income tax amount of a State for a
payment period is 15 percent of the net amount collected during the
calendar year ending before the beginning of the payment period from
the tax imposed on the income of individuals by the State and
described as a State income tax under section 164(a)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 164(a)(3)). The income tax
amount for a payment period shall be at least 1 percent but not more
than 6 percent of the United States Government individual income tax
liability attributed to the State for the taxable year ending during
the last calendar year ending before the beginning of the payment
period. The Secretary shall determine the Government income tax
liability attributed to the State by using the data published by the
Secretary for 1991 in the publication Statistics of Income Bulletin
(Winter 1993-1994).
"(2) General tax effort amount .-The general tax effort amount of a
State for a payment period is the amount determined by multiplying-
"(A) the net amount of State and local taxes of the State collected
during the year 1991 as reported in the Bureau of Census in the
publication Government Finances 1990-1991; and
"(B) the general tax effort factor of the State determined under
subsection (b)(2).
"(e) Allocation for Puerto Rico, Guam, American Samoa, and the Virgin
Islands .-
"(1) In general .-(A) For each payment period for which funds are
available for allocation under this chapter, the Secretary shall
allocate to each territorial government an amount equal to the product
of 1 percent of the amount of funds available for allocation
multiplied by the applicable territorial percentage.
"(B) For the purposes of this paragraph, the applicable territorial
percentage of a territory is equal to the quotient resulting from the
division of the territorial population of such territory by the sum of
the territorial population for all territories.
"(2) Payments to local governments .-The governments of the
territories shall make payments to local governments within their
jurisdiction from sums received under this subsection as they consider
appropriate.
"(3) Definitions .-For purposes of this subsection-
"(A) the term 'territorial government' means the government of a
territory;
"(B) the term 'territory' means Puerto Rico, Guam, American Samoa, and
the Virgin Islands; and
"(C) the term 'territorial population' means the most recent
population for each territory as determined by the Bureau of Census.
" 6705. Local government allocations
"(a) Indian Tribes and Alaskan Natives Villages .-If there is in a
State an Indian tribe or Alaskan native village having a recognized
governing body carrying out substantial governmental duties and
powers, the Secretary shall allocate to the tribe or village, out of
the amount allocated to the State under section 6704, an amount
bearing the same ratio to the amount allocated to the State as the
population of the tribe or village bears to the population of the
State. The Secretary shall allocate amounts under this subsection to
Indian tribes and Alaskan native villages in a State before allocating
amounts to units of general local government in the State under
subsection (c). For the payment period beginning October 1, 1994, the
Secretary shall use as the population of each Indian tribe or Alaskan
native village the population for 1991 as reported by the Bureau of
Indian Affairs in the publication Indian Service Population and Labor
Force Estimates (January 1991). In addition to uses authorized under
section 6701(a)(2), amounts allocated under this subsection and paid
to an Indian tribe or Alaskan native village under this chapter may be
used for renovating or building prisons or other correctional
facilities.
"(b) Newly Incorporated Local Governments and Annexed Governments .-If
there is in a State a unit of general local government that has been
incorporated since the date of the collection of the data used by the
Secretary in making allocations pursuant to sections 6704 through 6706
and 6708, the Secretary shall allocate to this newly incorporated
local government, out of the amount allocated to the State under
section 6704, an amount bearing the same ratio to the amount allocated
to the State as the population of the newly incorporated local
government bears to the population of the State. If there is in the
State a unit of general local government that has been annexed since
the date of the collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and 6708, the
Secretary shall pay the amount that would have been allocated to this
local government to the unit of general local government that annexed
it.
"(c) Other Local Government Allocations .-
"(1) In general .-The Secretary shall allocate among the units of
general local government in a State (other than units receiving
allocations under subsection (a)) the amount allocated to the State
under section 6704 (as that amount is reduced by allocations under
subsection (a)). Of the amount to be allocated, the Secretary shall
allocate a portion equal to 1/2 of such amount in accordance with
section 6706(1), and shall allocate a portion equal to 1/2 of such
amount in accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.
"(2) Ratio .-From each portion to be allocated to units of local
government in a State under paragraph (1), the Secretary shall
allocate to a unit an amount bearing the same ratio to the funds to be
allocated as-
"(A) the population of the unit, multiplied by the general tax effort
factor of the unit (determined under paragraph (3)), multiplied by the
income gap of the unit (determined under paragraph (4)), bears to
"(B) the sum of the products determined under subparagraph (A) for all
units in the State for which the income gap for that portion under
paragraph (4) is greater than zero.
"(3) General tax effort factor .-(A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of general
local government for a payment period is-
"(i) the adjusted taxes of the unit; divided by
"(ii) the total income attributed to the unit.
"(B) If the amount determined under subparagraphs (A) (i) and (ii) for
a unit of general local government is less than zero, the general tax
effort factor of the unit is deemed to be zero.
"(C)(i) Except as otherwise provided in this subparagraph, for the
payment period beginning October 1, 1994, the adjusted taxes of a unit
of general local government are the taxes imposed by the unit for
public purposes (except employee and employer assessments and
contributions to finance retirement and social insurance systems and
other special assessments for capital outlay), as determined by the
Bureau of the Census for the 1987 Census of Governments and adjusted
as follows:
"(I) Adjusted taxes equals total taxes times a fraction in which the
numerator is the sum of unrestricted revenues and revenues dedicated
for spending on education minus total education spending and the
denominator is total unrestricted revenues.
"(II) Total taxes is the sum of property tax; general sales tax;
alcoholic beverage tax; amusement tax; insurance premium tax; motor
fuels tax; parimutuels tax; public utilities tax; tobacco tax; other
selective sales tax; alcoholic beverage licenses, amusement licenses;
corporation licenses, hunting and fishing licenses; motor vehicle
licenses; motor vehicle operator licenses; public utility licenses;
occupation and business licenses, not elsewhere classified; other
licenses, individual income tax; corporation net income tax; death and
gift tax; documentary and stock transfer tax; severance tax; and taxes
not elsewhere classified.
"(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general revenue
sharing; intergovernmental revenue from Federal Government, other
general support; intergovernmental revenue from Federal Government,
other; intergovernmental revenue from State government, other general
support; intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other general
support; intergovernmental revenue from local governments, other;
miscellaneous general revenue, property sale-housing and community
development; miscellaneous general revenue, property sale-other
property; miscellaneous [*H8793] general revenue, interest earnings on
investments; miscellaneous general revenue, fines and forfeits;
miscellaneous general revenue, rents; miscellaneous general revenues,
royalties; miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue (after
prizes and administrative expenses); miscellaneous general revenue,
other miscellaneous general revenue; and all other general charges,
not elsewhere classified.
"(IV) Revenues dedicated for spending on education is the sum of
elementary and secondary education, school lunch; elementary and
secondary education, tuition; elementary and secondary education,
other; higher education, auxiliary
enterprises; higher education, other; other education, not elsewhere
classified; intergovernmental revenue from Federal Government,
education; intergovernmental revenue from State government, education;
intergovernmental revenue from local governments, interschool system
revenue; intergovernmental revenue from local governments, education;
interest earnings, higher education; interest earnings, elementary and
secondary education; miscellaneous revenues, higher education; and
miscellaneous revenues, elementary and secondary education.
"(V) Total education spending is the sum of elementary and secondary
education, current operations; elementary and secondary education,
construction; elementary and secondary education, other capital
outlays; elementary and secondary education, to State governments;
elementary and secondary education, to local governments, not
elsewhere classified; elementary and secondary education, to counties;
elementary and secondary education, to municipalities; elementary and
secondary education, to townships; elementary and secondary education,
to school districts; elementary and secondary education, to special
districts; higher education-auxiliary enterprises, current operations;
higher education-auxiliary enterprises, construction; higher
education, auxiliary enterprises, other capital outlays; other higher
education, current operations; other higher education, construction;
other higher education, other capital outlays; other higher education,
to State government; other higher education, to local governments, not
elsewhere classified; other higher education, to counties; other
higher education, to municipalities; other higher education, to
townships; other higher education, to school districts; other higher
education, to special districts; education assistance and subsidies;
education, not elsewhere classified, current operations; education,
not elsewhere classified, construction education, not elsewhere
classified, other capital outlays; education, not elsewhere
classified, to State government; education, not elsewhere classified,
to local governments, not elsewhere classified; education, not
elsewhere classified, to counties; education, not elsewhere
classified, to municipalities; education, not elsewhere classified, to
townships; education, not elsewhere classified, to school districts;
education, not elsewhere classified, to special districts; and
education, not elsewhere classified, to Federal Government.
"(VI) If the amount of adjusted taxes is less than zero, the amount of
adjusted tax shall be deemed to be zero.
"(VII) If the amount of adjusted taxes exceeds the amount of total
taxes, the amount of adjusted taxes is deemed to equal the amount of
total taxes.
"(ii) The Secretary shall, for purposes of clause (i), include that
part of sales taxes transferred to a unit of general local government
that are imposed by a county government in the geographic area of
which is located the unit of general local government as taxes imposed
by the unit for public purposes if-
"(I) the county government transfers any part of the revenue from the
taxes to the unit of general local government without specifying the
purpose for which the unit of general local government may expend the
revenue; and
"(II) the chief executive officer of the State notifies the Secretary
that the taxes satisfy the requirements of this clause.
"(iii) The adjusted taxes of a unit of general local government shall
not exceed the maximum allowable adjusted taxes for that unit.
"(iv) The maximum allowable adjusted taxes for a unit of general local
government is the allowable adjusted taxes of the unit minus the
excess adjusted taxes of the unit.
"(v) The allowable adjusted taxes of a unit of general government is
the greater of-
"(I) the amount equal to 2.5, multiplied by the per capita adjusted
taxes of all units of general local government of the same type in the
State, multiplied by the population of the unit; or
"(II) the amount equal to the population of the unit, multiplied by
the sum of the adjusted taxes of all units of municipal local
government in the State, divided by the sum of the populations of all
the units of municipal local government in the State.
"(vi) The excess adjusted taxes of a unit of general local government
is the amount equal to-
"(I) the adjusted taxes of the unit, minus
"(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.
"(vii) For purposes of this subparagraph-
"(I) the term 'per capita adjusted taxes of all units of general local
government of the same type' means the sum of the adjusted taxes of
all units of general local government of the same type divided by the
sum of the populations of all units of general local government of the
same type; and
"(II) the term 'units of general local government of the same type'
means all townships if the unit of general local government is a
township, all municipalities if the unit of general local government
is a municipality, all counties if the unit of general local
government is a county, or all unified city/county governments if the
unit of general local government is a unified city/county government.
"(4) Income gap .-(A) Except as provided in subparagraph (B), the
income gap of a unit of general local government is-
"(i) the number which applies under section 6706, multiplied by the
per capita income of the State in which the unit is located; minus
"(ii) the per capita income of the geographic area of the unit.
"(B) If the amount determined under subparagraph (A) for a unit of
general local government is less than zero, then the relative income
factor of the unit is deemed to be zero.
"(d) Small Government Allocations .-If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the
Secretary is inadequate, the
Secretary may allocate to the unit, in lieu of any allocation under
subsection (b) for a payment period, an amount bearing the same ratio
to the total amount to be allocated under subsection (b) for the
period for all units of general local government in the State as the
population of the unit bears to the population of all units in the
State.
" 6706. Income gap multiplier
"For purposes of determining the income gap of a unit of general local
government under section 6705(b)(4)(A), the number which applies is-
"(1) 1.6, with respect to 1/2 of any amount allocated under section
6704 to the State in which the unit is located; and
"(2) 1.2, with respect to the remainder of such amount.
" 6707. State variation of local government allocations
"(a) State Formula .-A State government may provide by law for the
allocation of amounts among units of general local government in the
State on the basis of population multiplied by the general tax effort
factors or income gaps of the units of general local government
determined under sections 6705 (a) and (b) or a combination of those
factors. A State government providing for a variation of an allocation
formula provided under sections 6705 (a) and (b) shall notify the
Secretary of the variation by the 30th day before the beginning of the
first payment period in which the variation applies. A variation
shall-
"(1) provide for allocating the total amount allocated under sections
6705 (a) and (b); and
"(2) apply uniformly in the State.
"(b) Certification .-A variation by a State government under this
section may apply only if the Secretary certifies that the variation
complies with this section. The Secretary may certify a variation only
if the Secretary is notified of the variation at least 30 days before
the first payment period in which the variation applies.
" 6708. Adjustments of local government allocations
"(a) Maximum Amount .-The amount allocated to a unit of general local
government for a payment period may not exceed the adjusted taxes
imposed by the unit of general local government as determined under
section 6705(b)(3). Amounts in excess of adjusted taxes shall be paid
to the Governor of the State in which the unit of local government is
located.
"(b) De Minimis Allocations to Units of General Local Government .-If
the amount allocated to a unit of general local government (except an
Indian tribe or an Alaskan native village) for a payment period would
be less than $ 5,000 but for this subsection or is waived by the
governing authority of the unit of general local government, the
Secretary shall pay the amount to the Governor of the State in which
the unit is located.
"(c) Use of Payments to States .-The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for
programs
described in section 6701(a)(2) in areas of the State where are
located the units of general local government with respect to which
amounts are paid under subsection (b).
"(d) De Minimis Allocations to Indian Tribes and Alaskan Native
Villages .-
"(1) Aggregation of de minimis allocations .-If the amount allocated
to an Indian tribe or an Alaskan native village for a payment period
would be less than $ 5,000 but for this subsection or is waived by the
chief elected official of the tribe or village, the amount-
"(A) shall not be paid to the tribe or village (except under paragraph
(2)); and
"(B) shall be aggregated with other such amounts and available for use
by the Attorney General under paragraph (2).
"(2) Use of aggregated amounts .-Amounts aggregated under paragraph
(1) for a payment period shall be available for use by the Attorney
General to make grants in the payment period on a competitive basis to
Indian Tribes and Alaskan native village for-
"(A) programs described in section 6701(a)(2); or
"(B) renovating or building prisons or other correctional facilities.
" 6709. Information used in allocation formulas
"(a) Population Data for Payment Period Beginning October 1, 1994
.-For the payment period beginning October 1, 1994, the Secretary, in
making allocations pursuant to sections 6704 through 6706 and 6708,
shall use for the population of the States the population for 1992 as
reported by the Bureau of the Census in the publication Current
Population Reports, Series P-25, No. 1045 (July 1992) and for the
population of units of general local government the Secretary shall
use the population for 1990 as reported by the Bureau of the Census in
the publication Summary Social, Economic, and Housing Characteristics.
[*H8794]
"(b) Data for Payment Periods Beginning After September 30, 1995.-For
any payment period beginning after September 30, 1995, the Secretary,
in making allocations pursuant to sections 6704 through 6706 and 6708,
shall use information more recent than the information used for the
payment period beginning October 1, 1994, provided the Secretary
notifies the Committee on Government Operations of the House of
Representatives at least 90 days prior to the beginning of the payment
period that the Secretary has determined that the more recent
information is more reliable than the information used for the payment
period beginning October 1, 1994.
" 6710. Public participation
"(a) Hearings .-
"(1) In general .-A unit of general local government expending
payments under this chapter shall hold at least one public hearing on
the proposed use of the payment in relation to its entire budget. At
the hearing, persons shall be given an opportunity to provide written
and oral views to the governmental authority
responsible for enacting the budget and to ask questions about the
entire budget and the relation of the payment to the entire budget.
The government shall hold the hearing at a time and a place that
allows and encourages public attendance and participation.
"(2) Senior citizens .-A unit of general local government holding a
hearing required under this subsection or by the budget process of the
government shall try to provide senior citizens and senior citizen
organizations with an opportunity to present views at the hearing
before the government makes a final decision on the use of the
payment.
"(b) Disclosure of Information .-
"(1) In general .-By the 10th day before a hearing required under
subsection (a)(1) is held, a unit of general local government shall-
"(A) make available for inspection by the public at the principal
office of the government a statement of the proposed use of the
payment and a summary of the proposed budget of the government; and
"(B) publish in at least one newspaper of general circulation the
proposed use of the payment with the summary of the proposed budget
and a notice of the time and place of the hearing.
"(2) Availability .-By the 30th day after adoption of the budget under
State or local law, the government shall-
"(A) make available for inspection by the public at the principal
office of the government a summary of the adopted budget, including
the proposed use of the payment; and
"(B) publish in at least one newspaper of general circulation a notice
that the information referred to in subparagraph (A) is available for
inspection.
"(c) Waivers of Requirements .-A requirement- "(1) under subsection
(a)(1) may be waived if the budget process required under the
applicable State or local law or charter provisions-
"(A) ensures the opportunity for public attendance and participation
contemplated by subsection (a); and
"(B) includes a hearing on the proposed use of a payment received
under this chapter in relation to the entire budget of the government;
and
"(2) under subsection (b)(1)(B) and paragraph (2)(B) may be waived if
the cost of publishing the information would be unreasonably
burdensome in relation to the amount allocated to the government from
amounts available for payment under this chapter, or if publication is
otherwise impracticable.
"(d) Exception to 10 -Day Limitation .-If the Secretary is satisfied
that a unit of general local government will provide adequate notice
of the proposed use of a payment received under this chapter, the
10-day period under subsection (b)(1) may be changed to the extent
necessary to comply with applicable State or local law.
" 6711. Prohibited discrimination
"(a) General Prohibition .-No person in the United States shall be
excluded from participating in, be denied the benefits of, or be
subject to discrimination under, a program or activity of a unit of
general local government because of race, color, national origin, or
sex if the government receives a payment under this chapter.
"(b) Additional Prohibitions .-The following prohibitions and
exemptions also apply to a program or activity of a unit of general
local government if the government receives a payment under this
chapter:
"(1) A prohibition against discrimination because of age under the Age
Discrimination Act of 1975.
"(2) A prohibition against discrimination against an otherwise
qualified handicapped individual under section 504 of the
Rehabilitation Act of 1973.
"(3) A prohibition against discrimination because of religion, or an
exemption from that prohibition, under the Civil Rights Act of 1964 or
title VIII of the Act of April 11, 1968 (popularly known as the Civil
Rights Act of 1968).
"(c) Limitations on Applicability of Prohibitions .-Subsections (a)
and (b) do not apply if the government shows, by clear and convincing
evidence, that a payment received under this chapter is not used to
pay for any part of the program or activity with respect to which the
allegation of discrimination is made.
"(d) Investigation Agreements .-The Secretary shall try to make
agreements with heads of agencies of the United States Government and
State agencies to investigate noncompliance with this section. An
agreement shall-
"(1) describe the cooperative efforts to be taken (including sharing
civil rights enforcement personnel and resources) to obtain compliance
with this section; and
"(2) provide for notifying immediately the Secretary of actions
brought by the United States Government or State agencies against a
unit of general local government alleging a violation of a civil
rights law or a regulation prescribed under a civil rights law.
" 6712. Discrimination proceedings
"(a) Notice of Noncompliance .-By the 10th day after the Secretary
makes a finding of discrimination or receives a holding of
discrimination about a unit of general local government, the Secretary
shall submit a notice of noncompliance to the government. The notice
shall state the basis of the finding or holding.
"(b) Informal Presentation of Evidence .-A unit of general local
government may present evidence informally to the Secretary within 30
days after the government receives a notice of noncompliance from the
Secretary. Except as provided in subsection (e), the government may
present evidence on whether-
"(1) a person in the United States has been excluded or denied
benefits of, or discriminated against under, the program or activity
of the government, in violation of section 6711(a);
"(2) the program or activity of the government violated a prohibition
described in section 6711(b); and
"(3) any part of that program or activity has been paid for with a
payment received under this chapter.
"(c) Temporary Suspension of Payments .-By the end of the 30-day
period under subsection (b), the Secretary shall decide whether the
unit of general local government has not complied with section 6711
(a) or (b), unless the government has entered into a compliance
agreement under section 6714. If the Secretary decides that the
government has not complied, the Secretary shall notify the government
of the decision and shall suspend payments to the government under
this chapter unless, within 10 days after the government receives
notice of the decision, the government-
"(1) enters into a compliance agreement under section 6714; or
"(2) requests a proceeding under subsection (d)(1).
"(d) Administrative Review of Suspensions .-
"(1) Proceeding .-A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a request for the
proceeding. The proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States Code. By the
30th day after the beginning of the proceeding, the judge shall issue
a preliminary decision based on the record at the time on whether the
unit of general local government is likely to prevail in showing
compliance with section 6711 (a) or (b).
"(2) Decision .-If the administrative law judge decides at the end of
a proceeding under paragraph (1) that the unit of general local
government has-
"(A) not complied with section 6711 (a) or (b), the judge may order
payments to the government under this chapter terminated; or
"(B) complied with section 6711 (a) or (b), a suspension under section
6713(a)(1)(A) shall be discontinued promptly.
"(3) Likelihood of prevailing .-An administrative law judge may not
issue a preliminary decision that the government is not likely to
prevail if the judge has issued a decision described in paragraph
(2)(A).
"(e) Basis for Review .-In a proceeding under subsections (b) through
(d) on a program or activity of a unit of general local government
about which a holding of discrimination has been made, the Secretary
or administrative law judge may consider only whether a payment under
this chapter was used to pay for any part of the program or activity.
The holding of discrimination is conclusive. If the holding is
reversed by an appellate court, the Secretary or judge shall end the
proceeding.
" 6713. Suspension and termination of payments in discrimination
proceedings
"(a) Imposition and Continuation of Suspensions .-
"(1) In general .-The Secretary shall suspend payment under this
chapter to a unit of general local government-
"(A) if an administrative law judge appointed under section 3105 of
title 5, United States Code, issues a preliminary decision in a
proceeding under section 6712(d)(1) that the government is not likely
to prevail in showing compliance with section 6711 (a) and (b);
"(B) if the administrative law judge decides at the end of the
proceeding that the government has not complied with section 6711 (a)
or (b), unless the government makes a compliance agreement under
section 6714 by the 30th day after the decision; or
"(C) if required under section 6712(c).
"(2) Effectiveness .-A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge makes a
decision under paragraph (1)(B).
"(b) Lifting of Suspensions and Terminations .-If a holding of
discrimination is reversed by an appellate court, a suspension or
termination of payments in a proceeding based on the holding shall be
discontinued.
"(c) Resumption of Payments Upon Attaining Compliance .-The Secretary
may resume payment to a unit of general local government of payments
suspended by the Secretary only-
"(1) as of the time of, and under the conditions stated in-
"(A) the approval by the Secretary of a compliance agreement under
section 6714(a)(1); or
"(B) a compliance agreement entered into by the Secretary under
section 6714(a)(2);
"(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers
all matters raised in a notice of noncompliance submitted by the
Secretary under section 6712(a); [*H8795]
"(3) if a United States court, a State court, or an administrative law
judge decides (including a judge in a proceeding under section
6712(d)(1)), that the government has complied with sections 6711 (a)
and (b); or
"(4) if a suspension is discontinued under subsection (b).
"(d) Payment of Damages as Compliance .-For purposes of subsection
(c)(2), compliance by a government may consist of the payment of
restitution to a person injured because the government did not comply
with section 6711 (a) or (b).
"(e) Resumption of Payments Upon Reversal by Court .-The Secretary may
resume payment to a unit of general local government of payments
terminated under section 6712(d)(2)(A) only if the decision resulting
in the termination is reversed by an appellate court.
" 6714. Compliance agreements
"(a) Types of Compliance Agreements .-A compliance agreement is an
agreement-
"(1) approved by the Secretary, between the governmental authority
responsible for prosecuting a claim or complaint that is the basis of
a holding of discrimination and the chief executive officer of the
unit of general local government that has not complied with section
6711 (a) or (b); or
"(2) between the Secretary and the chief executive officer.
"(b) Contents of Agreements .-A compliance agreement-
"(1) shall state the conditions the unit of general local government
has agreed to comply with that would satisfy the obligations of the
government under sections 6711 (a) and (b);
"(2) shall cover each matter that has been found not to comply, or
would not comply, with section 6711 (a) or (b); and
"(3) may be a series of agreements that dispose of those matters.
"(c) Availability of Agreements to Parties .-The Secretary shall
submit a copy of a compliance agreement to each person who filed a
complaint referred to in section 6716(b), or, if an agreement under
subsection (a)(1), each person who filed a complaint with a
governmental authority, about a failure to comply with section 6711
(a) or (b). The Secretary shall submit the copy by the 15th day after
an agreement is made. However, if the Secretary approves an agreement
under subsection (a)(1) after the agreement is made, the Secretary may
submit the copy by the 15th day after approval of the agreement.
" 6715. Enforcement by the Attorney General of prohibitions on
discrimination
"The Attorney General may bring a civil action in an appropriate
district court of the United States against a unit of general local
government that the Attorney General has reason to believe has engaged
or is engaging in a pattern or practice in violation of section 6711
(a) or (b). The court may grant-
"(1) a temporary restraining order;
"(2) an injunction; or
"(3) an appropriate order to ensure enjoyment of rights under section
6711 (a) or (b), including an order suspending, terminating, or
requiring repayment of, payments under this chapter or placing
additional payments under this chapter in escrow pending the outcome
of the action.
" 6716. Civil action by a person adversely affected
"(a) Authority for Private Suits in Federal or State Court .-If a unit
of general local government, or an officer or employee of a unit of
general local government acting in an official capacity, engages in a
practice prohibited by this chapter, a person adversely affected by
the practice may bring a civil action in an appropriate district court
of the United States or a State court of general jurisdiction. Before
bringing an action under this section, the person must exhaust
administrative remedies under subsection (b).
"(b) Administrative Remedies Required To Be Exhausted .-A person
adversely affected shall file an administrative complaint with the
Secretary or the head of another agency of the United States
Government or the State agency with which the Secretary has an
agreement under section 6711(d). Administrative remedies are deemed to
be exhausted by the person after the 90th day after the complaint was
filed if the Secretary, the head of the Government agency, or the
State agency-
"(1) issues a decision that the government has not failed to comply
with this chapter; or
"(2) does not issue a decision on the complaint.
"(c) Authority of Court .-In an action under this section, the court-
"(1) may grant-
"(A) a temporary restraining order;
"(B) an injunction; or
"(C) another order, including suspension, termination, or repayment
of, payments under this chapter or placement of additional payments
under this chapter in escrow pending the outcome of the action; and
"(2) to enforce compliance with section 6711 (a) or (b), may allow a
prevailing party (except the United States Government) a reasonable
attorney's fee.
"(d) Intervention by Attorney General .-In an action under this
section to enforce compliance with section 6711 (a) or (b), the
Attorney General may intervene in the action if the Attorney General
certifies that the action is of general public importance. The United
States Government is entitled to the same relief as if the Government
had brought the action and is liable for the same fees and costs as a
private person.
" 6717. Judicial review
"(a) Appeals in Federal Court of Appeals .-A unit of general local
government which receives notice from the Secretary about withholding
payments under section 6703(f), suspending payments under section
6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A),
may apply for review of the action of the Secretary by filing a
petition for review with the court of appeals of the United States for
the circuit in which the government is located. The petition shall be
filed by the 60th day after the date the notice is received. The clerk
of the court shall immediately send a copy of the petition to the
Secretary.
"(b) Filing of Record of Administrative Proceeding .-The Secretary
shall file with the court a record of the proceeding on which the
Secretary based the action. The court may consider only objections to
the action of the Secretary that were presented before the Secretary.
"(c) Court Action .-The court may affirm, change, or set aside any
part of the action of the Secretary. The findings of fact by the
Secretary are conclusive if supported by substantial evidence in the
record. If a finding is not supported by substantial evidence in the
record, the court may remand the case to the Secretary to take
additional evidence. Upon such a remand, the Secretary may make new or
modified findings and shall certify additional proceedings to the
court.
"(d) Review Only by Supreme Court .-A judgment of a court under this
section may be reviewed only by the Supreme Court under section 1254
of title 28, United States Code.
" 6718. Investigations and reviews
"(a) Investigations by Secretary .-
"(1) In general .-The Secretary shall within a reasonable time limit-
"(A) carry out an investigation and make a finding after receiving a
complaint referred to in section 6716(b), a determination by a State
or local administrative agency, or other information about a possible
violation of this chapter;
"(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and
"(C) advise a complainant of the status of an audit, investigation, or
review of an allegation by the complainant of a violation of section
6711 (a) or (b) or other provision of this chapter.
"(2) Time limit .-The maximum time limit under paragraph (1)(A) is 120
days.
"(b) Reviews by Comptroller General .-The Comptroller General of the
United States shall carry out reviews of the activities of the
Secretary, State governments, and units of general local government
necessary for the Congress to evaluate compliance and operations under
this chapter. These reviews shall include a comparison of the waste
and inefficiency of local governments using funds under this chapter
compared to waste and inefficiency with other comparable Federal
programs.
" 6719. Reports
"(a) Reports by Secretary to Congress .-Before June 2 of each year
prior to 2002, the Secretary personally shall report to the Congress
on-
"(1) the status and operation of the Local Government Fiscal
Assistance Fund during the prior fiscal year; and
"(2) the administration of this chapter, including a complete and
detailed analysis of-
"(A) actions taken to comply with sections 6711 through 6715,
including a description of the kind and extent of noncompliance and
the status of pending complaints;
"(B) the extent to which units of general local government receiving
payments under this chapter have complied with the requirements of
this chapter;
"(C) the way in which payments under this chapter have been
distributed in the jurisdictions receiving payments; and
"(D) significant problems in carrying out this chapter and
recommendations for legislation to remedy the problems.
"(b) Reports by Units of General Local Government to Secretary .-
"(1) In general .-At the end of each fiscal year, each unit of general
local government which received a payment under this chapter for the
fiscal year shall submit a report to the Secretary. The report shall
be submitted in the form and at a time prescribed by the Secretary and
shall be available to the public for inspection. The report shall
state-
"(A) the amounts and purposes for which the payment has been
appropriated, expended, or obligated in the fiscal year;
"(B) the relationship of the payment to the relevant functional items
in the budget of the government; and
"(C) the differences between the actual and proposed use of the
payment.
"(2) Availability of report .-The Secretary shall provide a copy of a
report submitted under paragraph (1) by a unit of general local
government to the chief executive officer of the State in which the
government is located. The Secretary shall provide the report in the
manner and form prescribed by the Secretary.
" 6720. Definitions, application, and administration
"(a) Definitions .-In this chapter- "(1) 'unit of general local
government' means-
"(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as
determined by the Secretary of Commerce for general statistical
purposes; and
"(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers;
"(2) 'payment period' means each 1-year period beginning on October 1
of the years 1994 through 2000;
"(3) 'State and local taxes' means taxes imposed by a State government
or unit of general local government or other political subdivision of
a State government for public purposes (except [*H8796] employee and
employer assessments and contributions to finance retirement and
social insurance systems
and other special assessments for capital outlay) as determined by the
Secretary of Commerce for general statistical purposes;
"(4) 'State' means any of the several States and the District of
Columbia;
"(5) 'income' means the total money income received from all sources
as determined by the Secretary of Commerce for general statistical
purposes, which for units of general local government is reported by
the Bureau of the Census for 1990 in the publication Summary Social,
Economic, and Housing Characteristics;
"(6) 'per capita income' means-
"(A) in the case of the United States, the income of the United States
divided by the population of the United States;
"(B) in the case of a State, the income of that State, divided by the
population of that State; and
"(C) in the case of a unit of general local government, the income of
that unit of general local government divided by the population of the
unit of general local government;
"(7) 'finding of discrimination' means a decision by the Secretary
about a complaint described in section 6716(b), a decision by a State
or local administrative agency, or other information (under
regulations prescribed by the Secretary) that it is more likely than
not that a unit of general local government has not complied with
section 6711 (a) or (b);
"(8) 'holding of discrimination' means a holding by a United States
court, a State court, or an administrative law judge appointed under
section 3105 of title 5, United States Code, that a unit of general
local government expending amounts received under this chapter has-
"(A) excluded a person in the United States from participating in,
denied the person the benefits of, or subjected the person to
discrimination under, a program or activity because of race, color,
national origin, or sex; or
"(B) violated a prohibition against discrimination described in
section 6711(b); and
"(9) 'Secretary' means the Secretary of Housing and Urban Development.
"(b) Delegation of Administration .-The Secretary may enter into
agreements with other executive branch departments and agencies to
delegate to that department or agency all or part of the Secretary's
responsibility for administering this chapter.
"(c) Treatment of Subsumed Areas .-If the entire geographic area of a
unit of general local government is located in a larger entity, the
unit of general local government is deemed to be located in the larger
entity. If only part of the geographic area of a unit is located in a
larger entity, each part is deemed to be located in the larger entity
and to be a separate unit of general local government in determining
allocations under this chapter. Except as provided in regulations
prescribed by the Secretary, the Secretary shall make all data
computations based on the ratio of the estimated population of the
part to the population of the entire unit of general local government.
"(d) Boundary and Other Changes .-If a boundary line change, a State
statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of
sections 6704 through 6708 in a way that does not carry out the
purposes of sections 6701 through 6708, the Secretary shall apply
sections 6701 through 6708 under regulations of the Secretary in a way
that is consistent with those purposes.".
(b) Issuance of Regulations .-Within 90 days of the date of enactment
of this Act the Secretary shall issue regulations, which may be
interim regulations, to implement subsection (a), modifying the
regulations for carrying into effect the Revenue Sharing Act that were
in effect as of July 1, 1987, and that were published in 31 C.F.R.
part 51. The Secretary need not hold a public hearing before issuing
these regulations.
(c) Deficit Neutrality .-Any appropriation to carry out the amendment
made by this subtitle to title 31, United States Code, for fiscal year
1995 or 1996 shall be offset by cuts elsewhere in appropriations for
that fiscal year.