42 U.S.C. § 1102
NEW TOWN PLAN.
“(a)Requirement.—The Secretary may make assistance available under this title only in connection with, and according to the provisions of a new town plan developed and established by a governing board under section 1107 and approved under subsection (d) of this section. In developing such plans, the governing board shall consult with representatives of the units of general local government within whose boundaries are located any portion of the new town demonstration area for the demonstration program to be carried out under such plan.“(b)Eligible New Town Demonstration Areas.—A new town plan under this section shall provide for carrying out a new town development demonstration providing assistance available under this title within a new town demonstration area, which shall be a geographic area defined in the new town plan—“(1) that is one of pervasive poverty, unemployment, and general distress;“(2) that has an unemployment rate of not less than 1.5 times the national unemployment rate for the 2 years preceding approval of the new town plan;“(3) that has a poverty rate of not less than 20 percent during such 2-year period;“(4) for which not less than 70 percent of the households living in the area have incomes below 80 percent of the median income of households of the unit of general local government in which they are located;“(5) that has a shortage of adequate jobs for residents; and“(6) that is located—“(A) in or near the City or County of Los Angeles, in the State of California; and“(B) within an area for which the President, pursuant to title IV or V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq., 5191 et seq.], declared that a major disaster or emergency existed for purposes of such Act [42 U.S.C. 5121 et seq.], as a result of the civil disturbances involving acts of violence occurring on or after April 29, 1992, and before May 6, 1992.“(c)Contents.—Each new town plan shall include the following information:“(1)Governing board.—A description of the members and purposes of the governing board that developed the plan, the manner in which members of the governing board were selected, and the businesses, agencies, interests, and community ties of each member of the governing board.“(2)New town demonstration area.—A definition and description of the new town demonstration area for the new town development demonstration to be assisted under this title.“(3)Target community.—A description of the economic, social, racial, and ethnic characteristics of the population of the neighborhood or area in which the new town demonstration area is located.“(4)Agreements.—Agreements that the governing board will carry out the new town demonstration program in accordance with the requirements of this title.“(5)Housing units.—A description of the number, size, location, cost, style, and characteristics of rental and homeownership housing units to be developed under the new town demonstration program, any financing for developing such housing, and the amount of assistance necessary under section 1105 for developing the housing under the program.“(6)Jobs.—A description of the number, types, and duration of any new jobs that will be created in the new town demonstration area and surrounding areas as a result of the demonstration program, and of any job training activities and apprenticeship programs to be made available in connection with the program.“(7)Social services.—A description of the social and supportive services to be made available under the demonstration program to residents of housing assisted under the demonstration program pursuant to section 1103(d) and to residents of the new town demonstration area.“(8)Supplemental resources.—A description of any funds, assistance, in-kind contributions, and other resources to be made available in connection with the demonstration program, including the sources and amounts of any private capital resources and non-Federal funds required under section 1103(h).“(9)Contractors and developers.—A listing of the contractors and developers who potentially will carry out any construction and rehabilitation work for development of housing under the demonstration program and the expected costs involved in hiring such contractors and developers.“(10)Financing for homebuyers.—A description of any mortgage lenders who have indicated that they will make financing available to families purchasing housing developed under the demonstration program through mortgages eligible for insurance under section 1104 and proposed terms of such mortgages.“(11)Commitments.—Evidence of any commitments entered into for making any of the resources described in paragraphs (6) through (8) available in connection with the demonstration program.“(12)Presale requirements.—A description of commitments made to purchase not less than 50 percent of the housing to be developed under the demonstration program for purchase by the occupant and to rent not less than 50 percent of the rental dwelling units to be developed under the demonstration program.“(13)Community development activities.—A description of the community development activities to be carried out with assistance under section 1106, the amount of assistance necessary under such section for such activities, and of the projected uses of such assistance.“(d)Review and Approval.—“(1)Submission.—Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act [Oct. 28, 1992], a governing board shall submit a new town plan under this section to the chief executive officers of each unit of general local government within whose boundaries is located any portion of the new town demonstration area described under the plan of the board.“(2)Approval.—For a plan to be eligible for assistance available under this title, the chief executive officer of all units of general local government to whom the new town plan is submitted shall approve the plan at a public meeting after the plan has been made publicly available for a period of not less than 30 days. A governing board may resubmit for approval any plan returned by any such chief executive officer to the governing board, and such chief executive officer may, upon returning the plan indicate any modifications necessary for approval. A new town plan may not be approved unless such chief executive officers determine that the membership of the governing board submitting the plan is constituted in accordance with section 1107 and the governing board is capable of carrying out the plan.“(3)Amendment.—An approved new town plan for the demonstration program developed by the governing board may be amended by the board by obtaining approval of the amendment in the manner provided under this subsection for approval of plans. If the chief executive officer of the unit of general local government does not approve or return the amended plan within 30 days of submission, the amended plan shall be considered to be approved for purposes of this subsection.
Notes of Decisions
State of Missouri v. Earhart, 111 F.2d 992 (8th Cir. 1940).
“If credit is allowed for the amount of contributions claimed by the State of Missouri, the remaining 10 per centum due the federal government would be $124.”
Quality Coal Co. v. United States, 66 F. Supp. 105 (W.D. Ark. 1946).
· cites it 3× “To encourage the states to shoulder the principal administrative functions essential to handling the local aspects of the unemployment problem, the act provided that the amount of contributions paid by the taxpayer into an unemployment fund under a state law might be credited…”
Davis v. Boston & M. R. Co., 89 F.2d 368 (1st Cir. 1937).
· cites it 4× “The federal government then proceeds under section 902 and 903 of title IX ( 42 U.S.C.A. §§ 1102 , 1103) to retain control over the funds, 90 per cent.”
In Re Indep. Auto. Forwarding Corp., 118 F.2d 537 (2d Cir. 1941).
“10, 1939, 42 U.S.C.A. § 1102 . Before the amendment it provided that: "The taxpayer may credit against the tax imposed by § 901 [section 1011 of this chapter] the amount of contributions, with respect to employment during the taxable year, paid by him (before the date of filing…”
Nierotko v. Soc. Sec. Bd., 149 F.2d 273 (6th Cir. 1945).
“§ 1011 (a)], The income tax on employees is to be collected by the employer who is to deduct the amount from the wages “as and when paid” [§ 802(a), 42 U.S.C.A. § 1102 (a)]. These provisions speak in terms of a standard applied to remuneration paid to the employee in pursuance…”
Davis v. Boston & Maine R. R., 17 F. Supp. 97 (D. Mass. 1936).
· cites it 3× “The petitioner charges that Title IX is unconstitutional (1) in that the tax levied is not in fact an excise tax in character, although so named, but is a capricious confiscation, (2) that it is not uniform throughout the United States, and is capricious, (3) it is not to…”
In Re Stand. Composition Co., 23 F. Supp. 391 (E.D. Mich. 1938).
“By section 902 of the act, 42 U.S.C.A. § 1102 , it is provided that the taxpayer may credit against the tax so imposed, to the extent *393 of 90 per cent, of the tax, the amount of contributions paid by him prior to the filing of the federal return into an unemployment fund…”
In re Royal-Wilhelm Furniture Co., 23 F. Supp. 993 (W.D. Mich. 1938).
“1102 , 42 U.S.C.A. § 1102 ), which reads: “The taxpayer may credit against the tax imposed by section 1101 of this chapter the amount of contributions, with respect to employment during the taxable year, paid by him (before the date of filing his return for the taxable year)…”
In re Lambertville Rubber Co., 27 F. Supp. 897 (D.N.J. 1939).
“By virtue of 42 U.S.C.A. § 1102 , if these taxes were paid seasonably it could avail itself of a deduction from the taxes due the federal government to the extent of 90% of the taxes paid the state government.”
Chas. C. Steward MacH. Co. v. Davis, 89 F.2d 207 (5th Cir. 1937).
“Section 902 ( 42 U.S.C.A. § 1102 ) allows a taxpayer to take credit up to 90 per cent, of his tax for contributions which he has made to an unemployment fund under the laws of his State if those .”
In Re Siegelbaum's Inc., 38 F. Supp. 1009 (D. Conn. 1941).
“42 U.S.C.A. § 1102 . All of the several state laws are substantially the same on points here material, and it would be regrettable if minute differences in phraseology led to practical differences in the operation of a national plan.”
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