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Page:United States Statutes at Large Volume 88 Part 2.djvu/242

 1558

12 USC 1828 note.

PUBLIC LAW 93-501-OCT. 29, 1974

[88 STAT.

SKC. 102. (a) The sixth sentence of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by striking out "for the purpose of obtaining funds to be used in the banking business". (b) The amendment made by subsection (a) shall not apply to any bank holding company which has filed prior to the date of enactment of this Act an irrevocable declaration with the Board of Governors of the Federal Reserve System to divest itself of all of its banks under section 4 of the Bank Holding Company Act, or to any debt obligation which is an exempted security under section 3(a)(3) of the Securities Act of 1933. SEC. 103. Section 5B of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is amended as follows: (1) by adding at the end of subsection (a) thereof the following new sentences: "The provisions of this subsection shall apply, in the discretion of the Board, to an obligation issued by an affiliate of an institution which is an insured institution as defined in section 401(a) of the National Housing Act (12 U.S.C. 1724(a)). The Board is authorized to define by regulation the terms used in this section, except that the Board may not, under the additional authority conferred by this sentence and the preceding sentence, define as a deposit any debt obligation which is an exempted security under section 3(a)(3) of the Securities Act of 1933."; (2) by striking out "institution subject to this section" in subsection (b) thereof and inserting in lieu thereof "person or organization"; and (3) by striking out "nonmember institution" and "institution" in subsection (c) thereof and inserting in lieu thereof "person or organization" in both places. TITLE II—INTEREST RATE AMENDMENTS REGARDING S T A T E U S U R Y C E I L I N G S ON B U S I N E S S LOANS

SEC. 201. Section 5197 of the Revised Statutes, as amended (12 U.S.C. 85), is amended by inserting in the first and second sentences before the phrase "whichever may be the greater", the following: "or in the case of business or agricultural loans in the amount of $25,000 or more, at a rate of 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank is located,". SEC. 202. The Federal Deposit Insurance Act (12 U.S.C. 1811-31) is amended by adding at the end thereof the following: State-chartered "SEC. 24. (a) 111 order to prevciit discrimination against Stateint^r'e^'t ^a"e^s^' chartered insured banks with respect to interest rates, if the applicable limitation. ' rate prescribed in this subsection exceeds the rate such State bank 12 USC 1831a. would be permitted to charge in the absence of this subsection, a State bank may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill or exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninetyday commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank is located, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. Interest over"(b) If the rate prescribed in subsection (a) exceeds the rate such charge, forfeiture State bank would be permitted to charge in the absence of this paragraph, and such State fixed rate is thereby preempted by the rate

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 88 STAT. ]

PUBLIC LAW 93-501-OCT. 29, 1974

1559

described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest 1

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interest paymerit recovery.

has been paid, the person who paid it may recover m a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the jimount of the interest paid from the State bank taking or receiving such interest.". SEC. 203. Title IV of the National Housing Act (12 U.S.C. 17241730(d)) is amended by adding at the end thereof the following: ''SEC. 412. (a) If the applicable rate prescribed in this section savings and loan exceeds the rate an insured institution would be permitted to charge rate°charges/toi12 u in the absence of this section, such institution may in the case of tation s e 1730e. business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day comuiercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the institution is located, and such interest may be taken in advance, reckoning the days for which the note, bill, or Interest overother evidence of debt has to run. charge, forfeiture. "(b) If the rate prescribed in subsection (a) exceeds the rate such institution would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater I'ate of interest than that prescribed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has ment recovery. interest pay been paid, the person who paid it may recover, m a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from the institution taking or receiving such interest.". SEC. 204. Section 308 of the Small Business Investment Act of 1958, as amended (15 II.S.C^. ^61), is amended by adding at the end thereof ^^ use the following: Small b u s i n e s s investment com'''(h)(1) I n order to facilitate the orderly and necessary flow of ^^^^^^^^,,^,^^ long-term loans and equity funds to small business concerns, as defined panles"lnte^est in the Small Business Act, if the maximum interest rate permitted by charges, umita the Small Business Administration exceeds the rate a small business 'Tsusc 631 investment company would be permitted to charge in the absence of note. this subsection, such small business investment company may in the case of business loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any such loan, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the small business investment company is located. Interest overcharge, forfeiture. "(2) If the rate prescribed in paragraph (1) exceeds the rate such small business investment company would be permitted to charge in the absence of this subsection, and such State fixed rate is thereby preempted by the rate described in paragraph (1), the taking, receiving, reserving or charging a greater rate than is allowed by paragraph (1),

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 88 Part 2.djvu/244

 1560

Interest payment recovery.

12 USC 1831a note.

Effective date. 12 USC 1831a note.

PUBLIC LAW 93-501-OCT. 29, 1974

[88 STAT.

when knowingly done, shall be deemed a forfeiture of the entire interest which the loan carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of interest paid from the small business investment company taking or receiving such interest." SEC. 205. If any provision of this title or the application of such provision to any person or circumstance shall be held invalid, the remainder of the title and the application of such provision to any person or circumstance other than that as to which it is held invalid shall not be affected thereby. SEC. 206. The amendments made by this title shall apply to any loan made in any State after the date of enactment of this title, but prior to the earlier of July 1, 1977, or the date (after the date of enactment of this title) on which the State enacts a provision of law which prohibits the charging of interest at the rates provided in the amendments made by this title. TITLE III—APPLICABILITY OF STATE USURY CEILINGS TO CERTAIN O B L I G A T I O N S I S S U E D BY B A N K S AND A F F I L I A T E S

12 USC 4 6 1. 12 USC 3 7 1 b - l.

SEC. 301. Section 19 of the Federal Reserve Act is amended by adding at the end thereof the following new subsection: " (k) No member bank or affiliate thereof, or any successor or assignee of such member bank or affiliate or any endorser, guarantor, or surety of such member bank or affiliate may plead, raise, or claim directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member bank or affiliate or to any other person." SEC. 302. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end thereof the following new subsection: " (k) No insured nomnember bank or affiliate thereof, or any successor or assignee of such bank or affiliate or any endorser, guarantor, or surety of such bank or affiliate may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such bank or affiliate or to any other person." SEC. 303. Section 5B of the Federal Home Loan Bank Act (12 U.S.C. 14:25b) is amended by adding at the end thereof the following new subsection: " (e) No member or nonmember association, institution, or bank or affiliate thereof, or any successor or assignee, or any endorser, guarantor, or surety thereof may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member or nonmember association, institution, bank or affiliate,

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 88 STAT. ]

PUBLIC LAW 93-502-NOV. 21, 1974

1561

any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member or nonmember association, institution, bank, or affiliate or to any other person." SEC. 304. The amendments made by this title shall apply to any fs^usc^a/iblV deposit made or obligation issued in any State after the date of note. enactment of this title, but prior to the earlier of (1) July 1, 1977 or (2) the date (after such date of enactment) on which the State enacts a provision of law which limits the amount of interest which may be charged in connection with deposits or obligations referred to in the amendments made by this title. Approved October 29, 1974. Public Law 93-502 AN ACT

November 21, 1974

To amend section 552 of title 5, United States Code, known as the Freedom of ' Information Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the fourth sentence of section 552(a)(2) of title 5, United States Code, is amended to read as follows: "Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication.". (b)(1) Section 552(a)(3) of title 5, United States Code, is amended ,

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^^.':°'^^' ^z:"'^' ability to p u b l i c.

to read as rollows: "(3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.". (2) Section 552(a) of title 5, United States Code, is amended by Document search redesignating paragraph (4), and all references thereto, as paragraph f^es'^^e^'uiaV"" (5) and by inserting immediately after paragraph (3) the following tions. new paragraph: "(4)(A) I n order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees applicable to all constituent imits of such agency. Such fees shall be limited to reasonable standard charges for document search and duplication and provide for recovery of only the direct costs of such search and duplication. Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.

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 1562 Withheld agency r e c o r d s, court examination.

Complaints, response by defendant.

Attorney fees and c o s t s.

CSC proceeding against officer or employee.

Noncompliance, penalty. Administrative deadlines.

PUBLIC LAW 93-502-NOV. 21, 1974

[88 STAT.

" (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter do novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. " (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. " (D) Except as to cases the couit considers of greater importance, proceedings before the district court, as authorized by this subsection, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. " (E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. " (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corr-ective action that the Commission recommends. " (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.". (c) Section 552(a) of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall— "(i) determine within ten days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request: whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and "(ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection.

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PUBLIC LAW 93-502-NOV. 21, 1974

1563

" (B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons foi' such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more U than ten working days. As used in this subparagraph, 'unusual cir- c u"m snt u s u a ls. cirance " cumstances' means, but only to the extent reasonably necessary to the proper processing of the particular request— " (i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; "(ii) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or "(iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. "(C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circum- Time extension stances exist and that the agency is exercising due diligence in vlewf^"*^^ ^^' responding to the request, the court may retain jurisdiction and allovr the agency additional time to complete its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request.". SEC. 2. (a) Section 552(b)(1) of title 5, United States Code, is National defense T

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amended to read as follows: cy, exemption. " (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;". (b) Section 552(b)(7) of title 5, United States Code, is amended recrrds"or\°aw to read as follows:

enforcement pur-

"(7) investigatory records compiled for law enforcement pur- p°ses, exemption. poses, but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger

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 1564

PUBLIC LAW 93-502-NOV. 21, 1974

[88 STAT.

the life or physical safety of law enforcement personnel;". tio^n^oTr^c^ d°'" ^^^ Section 552(b) of title 5, United States Code, is amended by adding at the end the following: "Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.". Reports to ggc. 3. Section 552 of title 5, United States Code, is amended by H^u^seLiTd ^ adding at the end thereof the following new subsections: President of " (d) On Or bcforc March 1 of each calendar year, each agency shall the Senate. submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for Contents. referral to the appropriate committees of the Congress. The report shall include— "(1) the number of determinations made by such agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; "(2) the number of appeals made by persons under subsection Ante, p. 1562. (^a)(6), the rcsult of such appeals, and the reason for the action upon each appeal that results in a denial of information; "(3) the names and titles or positions of each person responsible for the denial of records requested under this section, and the number of instances of participation for each; "(4) the results of each proceeding conducted pursuant to subsection (a)(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken; "(5) a copy of every rule made by such agency regarding this section; "(6) a copy of the fee schedule and the total amount of fees collected by the agency for making records available under this section; and "(7) such other information as indicates efforts to administer fully this section. Annual report. The Attomcy General shall submit an annual report on or before March 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subsections (a)(4) Ante, p. 1561. (g^^ ^Y), aud (G). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. susc^ssi" "(^) ^^^ purposes of this section, the term 'agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.". S^LTSC 552'^^ ^^^' '^' '^^^ amendments made by this Act shall take effect on the note. ninetieth day beginning after the date of enactment of this Act. CARL ALBERT

Speaker of the House of J A M E S 0.

President

Represeiitatives. EASTLAND

of the Senate pro

tempore.

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 88 STAT. ]

PUBLIC LAW 93-503-NOV. 26, 1974

1565

IN THE HOUSE OF REPRESENTATIVES, U.S., November 20, 1974. The House of Representatives having proceeded to reconsider the bill (H.R. 12471) entitled "An Act to amend section 552 of title 5, United States Code, known as the Freedom of Information Act", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PA.T J E N N I N G S

Clerk. By W. Raymond

Colley

I certify that this Act originated in the House of Representatives. W. P A T J E N N I N G S

Clerk. By W. Raymond

Colley

IN THE SENATE OF THE UNITED STATES, November 21, 1974. The Senate having proceeded to reconsider the bill (H. R, 12471) entitled "An Act to amend section 552 of title 5, United States Code, known as the Freedom of Information Act", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. V A L E O

Secretary. Public Law 93-503 AN ACT

To amend the I'rban Mass Transportation Act of 1964 to provide increased assistance for mass transportation systems.

November26, 1974

[lL.^i£l__,_

Be it enacted by the Senate and House of Representatives of the National Mass United States of America in Congress assembled.,^ That this Act may Transportation be cited as the "National Mass Transportation Assistance Act of 19Y4". Assistance"A'ct of 1974 49 USC 1601b note.

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 1566

PUBLIC LAW 93-503-NOV. 26, 1974

[88 STAT.

FINDINGS

49 USC 1601b.

(

SEC. 2. The Congress finds that— (1) over 70 per centum of the Nation's population lives in urban areas; (2) transportation is the lifeblood of an urbanized society and the health and welfare of that society depends upon the provision of efficient economical and convenient transportation within and between its urban area; (3) for many years the mass transportation industry satisfied the transportation needs of the urban areas of the country capably and profitably; (4) in recent years the maintenance of even minimal mass transportation service in urban areas has become so financially burdensome as to threaten the continuation of this essential publie service; (5) the termination of such service or the continued increase in its cost to the user is undesirable, and may have a particularly serious adverse effect upon the welfare of a substantial number of lower income persons; (6) some urban areas are now engaged in developing preliminary plans for, or are actually carrying out, comprehensive projects to revitalize their mass transportation operations; and (7) immediate substantial Federal assistance is needed to enable many mass transportation systems to continue to provide vital service. TITLE I — I N C R E A S E D MASS T R A N S P O R T A T I O N ASSISTANCE AUTHORIZATION

49 USC 1603.

Post, p. 1567. s^pra.

SEC. 101. (a) The first sentence of section 4(c) of the Urban Mass Transportation Act of 1964 is amended by striking out "$6,100,000,000" and inserting in lieu thereof "$10,925,000,000". (b) Section 4(c) of such Act is further amended by adding at the end thereof the following new sentence: "Of the total amount avail,^]J\Q ^Q finance activities under this Act (other than under section 5) on and after the date of the enactment of the National Mass Transportation Assistance Act of 1974, not to exceed $500,000,000 shall be available exclusively for assistance in areas other than urbanized areas (as defined in section 5(a)(3)). " TRANSPORTATION

49 USC 1602.

PLANNING

SEC. 102. Section 3(a) of the Urban Mass Transportation Act of 1964 is amended— (1) by inserting " (1) " after "SEC. 3. (a) "; (2) by redesignating clauses (1) and (2) of the third sentence as clauses (A) and (B) respectively;

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 88

STAT.]

PUBLIC LAW 9 3 - 5 0 3 - N O V. 26,

1974

1567

(3) by striking out the sixth and seventh sentences; and (4) by adding at the end thereof the following: "(2) I t is declared to be in the national interest to encourage and promote the development of transportation systems, embracing various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States in the development of long-range plans and programs which are properly coordinated with plans for improvements in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The development of projects in urbanized areas under this section shall be based upon a continuing, cooperative, and comprehensive planning process covering all modes of surface transpoT'tation and carried on by the States and the governing bodies of local communities in accordance with this paragraph. The Secretary shall not approve any project in an urbanized area after July 1, 1976, under this section unless he finds that such project is based on a continuing comprehensive transportation planning process carried on in conformance with the objectives stated in this paragraph." r 0 R M I ' J > A GRANT FROCiHAM

SEC. 108. (a) The Urban Mass Transportation Act of 1964 is amended by striking out section 5 and inserting in lieu thereof the followinti; new section:

49 USC 1604.

" U R B A N MASS T R A N S r r PROGRAM

5. (a) As used in this section— Definitions. "(1) the term 'construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, construction, or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, acquisition of rights-of-way, relocation assistance, and acquisition and replacement of housing sites; "(2) the term 'Governor' means the Governor, or his designate, of any one of the fifty States or of Puerto Rico, and the Mayor of the District of Columbia; and "(3) the term 'urbanized area* means an area so designated by the Bureau of the Census, within boundaries which shall be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and which shall at a minimum, in the case of any such area, encompass the entire urbanized area within the State as designated by the Bureau of the Census. •'(b)(1) The Secretary shall apportion for expenditure in fiscal f^fPj"/"""'"*^"' years 1975 through 1980 "the sums authorized by subsection (c). Such °™" ^' sums shall be made available for expenditure in urbanized areas or -i parts thereof on the basis of a formula under which urbanized areas or part thereof will be entitled to receive an amomit equal to the sum of— " (A) one-half of the total amount so apportioned multiplied by the ratio which the population of such urbanized area or part thereof, as designated by the Bureau of the Census, bears to the total population of all the urbanized areas in all the States as shown by the latest available Federal census; and •'SEC.

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 1568

"Density."

recipfenf"^'^'^

Appropriation,

Regulations,

grantT/umUa." tion. '

PUBLIC LAW 93-503-NOV. 26, 1974

[88 STAT.

" (B) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. As uscd in the preceding sentence, the term 'density' means the number of inhabitants per square mile. "(2) The Governor, responsible local officials and publicly-owned operators of mass transportation services, in accordance with the procedures required under section (g)(1), with the concurrence of the Secretary, shall designate a recipient to receive and dispense the funds apportioned under paragraph (1) that are attributable to urbanized areas of two hundred thousand or more population. In any case in which a statewide or regional agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract, or otherwise, of public transportation services, such agency or instrumentality shall be the recipient to rcceivc aud dispense such funds. The term 'designated recipient' as used in this Act shall refer to the recipient selected according to the procedures required by this paragraph. " (3) Sums apportioned under paragraph (1) not made available for expenditure by designated recipients in accordance with the terms of paragraph (2) shall be made available to the Governor for expenditure in urbanized areas or parts thereof in accordance with the procedures required under subsection (g)(1). " (c)(1) To finance grants under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contracts, agreements, or otherwise in an aggregate amount not to excced $3,975,000,000. There are authorized to be appropriated for liquidation of the obligations incurred under this paragraph not to exceed $300,000,000 prior to the close of fiscal year 1975; not to exceed $500,000,000 prior to the close of fiscal year 1976; not to exceed $650,000,000 prior to the close of fiscal year 1977; not to exceed $775,000,000 prior to the close of fiscal year 1978; not to exceed $850,000,000 prior to the close of fiscal year 1979; and not to exceed $900,000,000 prior to the close of fiscal year 1980. Sums so appropriated shall remain available until expended. "(2) Sums apportioned under this section shall be available for obligation by the Governor or designated recipient for a period of two years following the close of the fiscal year for which such sums are apportioned, and any amovmts so apportioned remaining unobligated at the end of such period shall lapse and shall be returned to the Treasury for deposit as miscellaneous receipts. " (d)(1) The Secretary may approve as a project under this section, on such terms and conditions as he may prescribe, (A) the acquisition, construction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service, and (B) the payment of operating expenses to improve or to continue such service by operation, lease, contract, or otherwise. a^2) The Secretary shall issue such regulations as he deems necessary to administer this subsection and subsection (e), including regulations regarding maintenance of effort by States, local governments, and local public bodies, the appropriate definition of operating expenses, and requirements for improving the efficiency of transit services. "(e) The Federal grant for any construction project under this section shall not exceed 80 per centum of the cost of the construction project, as determined under section 4(a) of this Act. The Federal

�


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PUBLIC LAW 93-503-NOV. 26, 1974

1569

grant for any project for the payment of subsidies for operating expenses shall not exceed 50 per centum of the cost of such operating expense project. The remainder shall be provided in cash, from sources other than Federal funds or revenues from the operation of public mass transportation systems. Any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital. "(f) Federal funds available for expenditure for mass transportation projects under this section shall be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues such as advertising, concessions, and property leases, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available; but nothing in this sentence shall be construed as preventing State or local tax revenues which are used for the operation of mass transportation service in the area involved from being credited (to the extent necessary) toward the non-Federal share of the cost of the project for purposes of the preceding sentence. " (g)(1) I t is declared to be in the national interest to encourage pi^°^^^nT^^ and promote the development of transportation systems, embracing programs. various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States in the development of long-range plans and programs which are properly coordinated with plans for improvement in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The development of projects in urbanized areas under this section shall be based upon a continuing, cooperative, and comprehensive planning process covering all modes of surface transportation and carried on by the States and the governing bodies of local communities in accordance with this paragraph. The Secretary shall not approve any project in an urbanized area after July 1, 1976, under this section unless he finds that such project is based on a continuing comprehensive transportation planning process carried on in conformance with the objectives stated in this paragraph. "(2) The Governor or designated recipient shall submit to the r^'°^t^\°i. Secretary for his approval a program of projects for utilization of the mTttai to's^ecretary funds authorized, which shall be based on the continuing compre- °^ Transportation. hensive planning process of paragraph (1). The Secretary shall act upon programs submitted to him as soon as practicable, and he may approve a program in whole or in part. "(3) An applicant for assistance under this section (other than a Governor^^'° Governor) shall submit the program or programs to the Governor of the State affected, concurrently with submission to the Secretary. If within thirty days thereafter the Governor submits comments to the Secretary, the Secretary shall consider such comments before taking final action on the program or programs. " (h)(1) The Governor or the designated recipient of the urbanized surveys, plans, area shall submit to the Secretary for his approach such surveys, plans, uots^^^'"^' specifications, and estimates for each proposed project as the Secretary may require. The Secretary shall act upon such surveys, plans, specifications, and his entering into a grant or contract agreement with respect to any such project shall be a contractual obligation of the Federal Government for the payment of its proportional contribution thereto.

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 1570

Hearings.

42 USC 1857 note. 33 USC 1151 note.

Final inspection or review.

Guidelines and regulations.

42 USC 2000d.

PUBLIC LAW 93-503-NOV. 26, 1974

[88 STAT.

"(2) I n approving any project under this section, the Secretary shall assure that possible adverse economic, social, and environmental effects relating to the proposed project have been fully considered in developing the project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and conservation of environment and natural resources, and the costs of eliminating or minimizing any such adverse effects, including— " (A) air, noise, and water pollution; " (B) destruction or disruption of manmade and natural resources, esthetic values, community cohesion, and the availability of public facilities and services; " (C) adverse employment effects, and tax and property value losses; " (D) injurious displacement of people, businesses, and farms; and " (E) disruption of desirable community and regional growth. "(i) Upon submission for approval of a proposed project under this section, the Governor or the designated recipient of the urbanized area shall certify to the Secretary that he or it has conducted public hearings (or has afforded the opportunity for such hearings) and that these hearings included (or were scheduled to include) consideration of the economic and social effects of such project, its impact on the environment, including requirements under the Clean Air Act, the Federal Water Pollution Control Act, and other applicable Federal environmental statutes, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Such certification shall be accompanied by (1) a report which indicates the consideration given to the economic, social, environmental, and other effects of the proposed project, including, for construction projects, the effects of its location or design, and the consideration given to the various alternatives which were raised during the hearing or which were otherwise considered, and (2) upon the Secretary's request, a copy of the transcript of the hearings. " (j)(l) The Secretary may discharge any of his responsibilities under this action with respect to a project under this section upon the request of any Governor or designated recipient of the urbanized area by accepting a certification by the Governor or his designee, or by the designated recipient of the urbanized area, if he finds that such project will be carried out in accordance with State laws, regulations, directives, and standards establishing requirements at least equivalent to those contained in, or issued pursuant to, this section. "(2) The Secretary shall make a final inspection or review of each such project upon its completion and shall require an adequate report of its estimated and actual cost, as well as such other information as he determines to be necessary. "(8) The Secretary shall promulgate such guidelines and regulations as may be necessary to carry out this subsection. " (4) Acceptance by the Secretary of a certification under this section may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so. "(5) Nothing in this section shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), title VI of the Civil Rights Act of 1964 (42 U.S.C. 200(d) et seq.), title VIII of the Act of April 11, 1968 (Public Law 90-284, 42 U.S.C. 3601 et seq.), and the Uniform Relocation

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1571

PUBLIC LAW 93-503-NOV. 26, 1974

Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601etseq.). " (k)(1) As soon as practicable after the plans, specifications, and estimates for a specific project under this section have been approved, the Secretary shall enter into a formal project agreement with the Governor, his designee or the designated recipient of the urbanized area. Such project agreement shall make provision for non-Federal funds required for the State's or designated recipient's pro rata share of the cost of the project. "(2) The Secretary may rely upon representations made by the applicant with respect to the arrangements or agreements made by the Governor or the designated recipient where a part of the project involved is to be constructed at the expense of, or in cooperation with, local subdivisions of the State. "(3) The Secretary is authorized, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended, to make advance or progress payments on account of any grant or contract made pursuant to this section, on such terms and conditions as he may prescribe. "(1) The Secretary shall not approve any project under this section unless he finds that such project is needed to carry out a program, meeting criteria established by him, for a unified or officially coordinated urban transportation system as a part of the comprehensively planned development of the urban area, and is necessary for the sound, economic, and desirable development of such area, and that the applicant or responsible agency has the legal, financial, and technical capacity to carry out the proposed project. A project under this section may not be undertaken unless the responsible public officials of the urbanized area in which the project is located have been consulted and, except for projects solely to pay subsidies for operating expenses, their views considered with respect to the corridor, location, and design of the project. "(m) The Secretary shall not approve any project under this section unless the applicant agrees and gives satisfactory assurances, in such manner and form as may be required by the Secretary and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this section will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. " (n)(1) The provisions of section 13(c) and section 3(e)(4) shall apply in carrying out mass transportation projects under this section. "(2) The provision of assistance under this section shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable.", (b) Section 4(a) of such Act is amended by striking out "Except as specified in section 5, no" and inserting in lieu thereof "No".

42 USC 46oi "To'rmai project agreement.

31 USC 529.

Fares for elderly and

hIndicTpped P^""^

49 USC 1609, 1602.

5 USC 1501.

49 USC 1603.

ELIGIBILITY OF QUASI-PUBLIC DEVELOPMENT CORPORATIONS

SEC. 104. (a) The first sentence of section 3(a) of the Urban Mass Transportation Act of 1964 is amended by inserting " (1) " after "financing", and by inserting before the period at the end thereof the

49 USC 1602.

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49 USC 1602.

PUBLIC LAW 93-503-NOV. 26, 1974

[88 STAT.

following: ", and (2) the establishment and organization of public or quasi-public transit corridor development corporations or entities". (b) The second sentence of section 3(a) of such Act is amended to read as follows: "Eligible facilities and equipment may include personal property including buses and other rolling stock and real property including land (but not public highways), within the entire zone affected by the construction and operation of transit improvements, including station sites, needed for an efficient and coordinated mass transportation system which is compatible with socially, economically, and environmentally sound patterns of land use." COORDINATION OF U R B A N MASS T R A N S I T PROGRAMS W I T H MODEL CITIES PROGRAMS

42 USC 3303.

49 USC 1602.

SEC. 105. Section 103(a) of the Demonstration Cities and Metropolitan Development Act of 1966 is amended— (1) by redesignating paragraphs (4) and (6) as paragraphs (5) and (6), respectively, and (2) by inserting after paragraph (3) the following new paragraph: "(4) any program which includes a transportation component as a project or activity to be undertalj^en meets the requirements of section 3(e) of the Urban Mass Transportation Act of 1964;". PROCUREMENT

49 USC 1602.

S E C 106. The fifth sentence of section 3(a) of the Urban Mass Transportation Act of 1964 is amended by inserting before the period at the end thereof the following: ", nor shall any grant or loan funds be used to support procurements utilizing exclusionary or discriminatory specifications". INVESTIGATION

or

SAFETY

HAZARDS

IN

URBAN

MASS

TRANSPORTATION

SYSTEMS

49 USC 1604a.

s ^ c iQT. The Secretary of Transportation shall investigate unsafe conditions in any facility, equipment, or manner of operation financed under this Act which creates a serious hazard of death or injury for the purpose of determining its nature and extent and the means which might best be employed to eliminate or correct it. If the Secretary determines that such facility, equipment, or manner of operation is unsafe, he shall require the State or local public body or agency to submit to the Secretary a plan for correcting the unsafe facility, equipment, or manner of operation, and the Secretary may withhold further financial assistance to the applicant until such plan is approved or implemented. FARES FOR ELDERLY A N D H A N D I C A P P E D

49 USC 1604b.

PERSONS

SEC. 108. Nothing contained in this title shall require the charging of fares to elderly and handicapped persons. SCHOOL B U S OPERATIONS

49 USC 1602.

SEC. 109. (a) Section 3 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof (immediately after subsection (f)) the following new subsection: " (g) No Federal financial assistance shall be provided under this Act for the construction or operation of facilities and equipment for

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PUBLIC LAW 93-503-NOV. 26, 1974

use in providing public mass transportation service to any applicant for such assistance unless such applicant and the Secretary shall have first entered into an agreement that such applicant will not engage in schoolbus operations, exclusively for the transportation of students and school personnel, in competition with private schoolbus operators. This subsection shall not apply to an applicant with respect to operation of a schoolbus program if the applicant operates a school system in the area to be served and operates a separate and exclusive schoolbus program for this school system. This subsection shall not apply unless private schoolbus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards; and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting schoolchildren and personnel along with facilities to be used therefor) was so engaged in schoolbus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such applicant from receiving any other Federal financial assistance under this Act." (b) The first sentence of section 3(f) of such Act is amended by striking out "purchase of buses" each place it appears and inserting in lieu thereof "purchase or operation of buses".

1573

"^^ "^^ ^^°^'

AI^TERNATE U S E OF CAPITAL GRANTS

SEC. 110. Section 3 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof (after the new subsection added by section 109 of this Act) the following new subsection: " (h) Notwithstanding any other provision of this Act, or of any contract or agreement entered into under this Act, up to one-half of any financial assistance provided under this Act (other than under section 5) to any State or local public body or agency thereof for the fiscal year 1975 or any subsequent fiscal year may, at the option of such State or local public body or agency, be used exclusively for the payment of operating expenses (incurred in connection with the provision of mass transportation service in an urban area or areas) to improve or to continue such service, if the Secretary finds (in any case where the financial assistance to be so used was originally provided for another project) that effective arrangements have been made to substitute and, by the end of the fiscal year following the fiscal year for which such sums are used, make available (for such other project) an equal amount of State or local funds (in addition to any State or local funds otherwise required by this Act to be contributed toward the cost of such project). Any amounts used for the payment of operating expenses pursuant to this subsection shall be subject to such terms and conditions (including the requirement for local matching contributions), required for the payment of operating expenses under other provisions of this Act, as the Secretary may deem necessary and appropriate."

"^^ use 1602.

DATA A N D F I N A N C I A L REPORTING SYSTEMS

SEC. 111. Section 15 of the Urban Mass Transportation Act of 1964 is amended by striking out the entire section and inserting in lieu thereof the following:

38-194 O - 76 - 17 Pt. 2

^9 USC leu.

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 1574

PUBLIC LAW 93-503-NOV. 26, 1974

[88 STAT.

''T

'REPORTING SYSTEM

Ante,

p. 1567.

"SEC. 15. (a) The Secretary shall by January 10, 1977, develop, test, and prescribe a reporting system to accumulate public mass transportation financial and operating information by uniform categories and a uniform system of accounts and records. Such systems shall be designed to assist in meeting the needs of individual public mass transportation systems, Federal, State, and local governments, and the public for information on which to base planning for public transportation services, and shall contain information appropriate to assist in the making of public sector investment decisions at all levels of government. The Secretary is authorized to develop and test these systems in consultation with interested persons and organizations. The Secretary is authorized to carry out this subsection independently, or by grant or contract (including working arrangements with other Federal, State, or local government agencies). The Secretary is authorized to request and receive such information or data as he deems appropriate from public or private sources. "(b) After July 1, 1978, the Secretary shall not make any grant under section 5 unless the applicant for such grant and any person or organization to receive benefits directly from that grant are each subject to both the reporting system and the uniform system of accounts and records prescribed under subsection (a) of this section." TITLE II — F A R E - F R E E MASS T R A N S P O R T A T I O N DEMONSTRATIONS

49 USC 1605 note.

SEC. 201. The Secretary of Transportation (hereinafter referred to as the "Secretary") shall enter into such contracts or other arrangements as may be necessary for research and the development, establishment, and operation of demonstration projects to determine the feasibility of fai"e-free urban mass transportation systems. limua^on ^'^^"*^' SEC. 202. Federal grants or payments for the purpose of assisting 49 USC 1605 such projccts shall cover not to exceed 80 per centum of the cost of the "°*®project involved, including operating costs and the amortization of capital costs for any fiscal year for which such contract or other arrangement is in effect. 49 USC 1605 gj,(2. 203. The Secretary shall select cities or metropolitan areas for note. such projects in accordance with the following: (1) to the extent practicable, such cities or metropolitan areas shall have a failing or nonexistent or marginally profitable transit system, a decaying central city, automobile-caused air pollution problems, and an immobile central city population; (2) several projects should be selected from cities or metropolitan areas of differing sizes and populations; (3) a high level of innovative service must be provided including the provision of crosstown and other transportation service to the extent necessary for central city residents and others to reach employment, shopping, and recreation; and (4) to the extent practicable, projects utilizing different modes of mass transportation shall be approved. 49 USC 1605 ^^^' ^^^' '^^? Secretary shall study fare-free systems assisted note. pursuant to this title, and other financially assisted urban mass transportation systems providing reduced fares for the purpose of determining the following:

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1575

(1) the effects of such systems on (i) vehicle traffic and attendant air pollution, congestion, and noise, (ii) the mobility of urban residents, and (iii) the economic viability of central city business; (2) the mode of mass transportation that can best meet the desired objectives; (3) the extent to which frivolous ridership increases as a result of reduced fare or fare-free systems; (4) the extent to which the need for urban highways might be reduced as a result of reduced fare or fare-free systems; and (5) the best means of financing reduced fare or fare-free transportation on a continuing basis. SEC. 205. The Secretary shall make annual reports to the Congress on the information gathered pursuant to section 204 of this title and shall make a final report of his findings, including any recommendations he might have to implement such findings, not later than June 30, 1975. SEC. 206. I n carrying out the provisions of this title, the Secretary shall provide advisory participation by interested State and local government authorities, mass transportation systems management personnel, employee representatives, mass transportation riders, and any other persons that he may deem necessary or appropriate. SEC. 207. There are hereby authorized to be appropriated not to exceed $20,000,000 for each of the fiscal years ending on June 30, 1975, and June 30, 1976, respectively, to carry out the provisions of this title. TITLE III — R A I L E O A D G R A D E CROSSINGS

^ Repots to 4'9^us^c'i605 note. ^^^^ ^sc leos

^J'^gc^reos"* note.

SEC. 301. The Secretary of Transportation shall enter into such ^ Hammond, ind., ,

''

^

-

.

.

demonstration

arrangements as may be necessary to carry out a demonstration project project. in Hammond, Indiana, for the relocation of railroad lines for the ^^^^ ^^^ ^^°5 purpose of eliminating highway railroad grade crossings. The Federal share payable on account of such project shall be that provided in section 120 of title 23, United States Code. SEC. 302. There are authorized to be appropriated to carry out this Jg^'^sc^feos"" title not to exceed $14,000,000, except that two-thirds of all funds note. expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust Fund. Approved November 26, 1974. Public Law 93-504 AJN ACT

To eliminate discrimination based on sex in the youtli programs offered by the Naval Sea Cadet Corps.

November 29, 1974

[s.3204]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of pJ^^J^^^f^^^ Cadet Corps. the Act entitled "An Act to incorporate the Naval Sea Cadet Corps", " " """^ approved September 10, 1962 (36 U.S.C. 1042), is amended by striking out "boys" and inserting in lieu thereof "young people". Approved November 29, 1974.

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 1576

PUBLIC LAW 93-505-NOV. 30, 1974

[88 STAT.

Public Law 93-505 November 30, 1974 [S. 2457]

Amateur radio operators, a l i e n s. Operation in U.S.

47 USC 3 0 1.

Bilateral agreement. 5 USC note p r e c. 551.

License restrictions.

AN ACT To amend the Communications Act of 1934, as amended, to permit the Federal Communications Commission to grant radio station licenses in the safety and special and experimental radio services directly to aliens, representatives of aliens, foreign corporations, or domestic corporations with alien officers, directors, or stockholders; and to permit aliens holding such radio station licenses to be licensed as operators.

Be it enacted by the Senate and House of Representaiwes of the United States of America in Congress assembled. That subsection (1) of section 303 of the Communications Act of 1934, as amended (47 U.S.C. 303(1)), is amended by deleting paragraphs (2) and (3) and inserting the following: "(2) Notwithstanding paragraph (1) of this subsection, an individual to whom a radio station is licensed under the provisions of this Act may be issued an operator's license to operate that station. " (3) In addition to amateur operator licenses which the Commission may issue to aliens pursuant to paragraph (2) of this subsection, and notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization." SEC. 2. Section 310 of the Communications Act of 1934, as amended (47 U.S.C. 310), is amended by deleting subsection (a), redesignating subsection (b) as subsection (d) and inserting the following new subsections (a), (b),and (c): " (a) The station license required under this Act shall not be granted to or held by any foreign government or the representative thereof. "(b) No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by— "(1) any alien or the representative of any alien; "(2) any corporation organized under the laws of any foreign government; "(3) any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; "(4) any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.

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1577

PUBLIC LAW 93-507-NOV. 30, 1974

"(c) In addition to amateur station licenses which the Commission may issue to aliens pursuant to this Act, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization." Approved November 30, 1974.

Bilateral ment. 5 USC not prec. 551.

Public Law 93-506 AN ACT To amend subsection (b) of section 214 and subsection- (c)(1) of section 222 of the Communications Act of 1934, as amended, in order to designate the Secretary of Defense (rather than the Secretaries of the Army and the Navy) as the person entitled to receive official notice of the filing of certain applications in the common carrier service and to provide notice to the Secretary of State where under section 214 applications involve service to foreign points. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 214 of the Communications Act of 1934, as amended (47 U.S.C. 214(b)), is amended by deleting from the first sentence thereof "the Secretary of the Army, the Secretary of the Navy," and inserting in lieu thereof "the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points),". SEC. 2. That subsection (c)(1) of section 222 of the Communications Act of 1934, as amended, is amended by deleting from the first sentence thereof "the Secretary of the Army," and "the Secretary of the Navy," and inserting in lieu thereof "the Secretary of Defense," immediately after "Secretary of State," in such sentence. Approved November 30, 1974.

November 30, 1974 [S. 1479]

Federal Commun i c a t i o n s Commission. Certain common carrier applications, notice.

47 USC 222.

Public Law 93-507 AN ACT

November 30, 1974

To amend section 415 of the Communications Act of 1934, as amended, to provide for a two-year period of limitations in proceedings against carriers for the recovery of overcharges or damages not based on overcharges.

l^s. 1227]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (a), (b), and (c) of section 415 of the Communications Act of 1934, as amended (47 U.S.C. 415), are amended to read as follows: " (a) All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun, within two years from the time the cause of action accrues, and not after. "(b) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.

communications "Tr'^ceedtngrb'y or against, umitation period, ex-

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 1578

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

" (c) For recovery of overcharges action a t law shall be begun or c o m p l a i n t filed w i t h the Commission a g a i n s t c a r r i e r s w i t h i n t w o year s from the t i m e the cause of action accrues, and not after, subject to subsection (d) of t h i s section, except that if claim for.the overcharge has been presented in writing to the c a r r i e r w i t h i n the t w o - year period of l i m i t a t i o n said period shall be extended to include t w o years from the t i m e notice in writing is given by the c a r r i e r to the c l a i m a n t of disallowance of the claim, or any part or part s thereof, specified in the notice." Approved November 30, 1974. P u b l i c Law 93-508 December s, 1974

[H. R. 12628]

Vietnam Era Veterans ' Read-

/uVtment AssF^tance Act of 1974. 38 USC 1501 note.

-^^

ACT

ry,Q amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes. Be it enacted by the S,enate and House of Representatives of the United States of America in Congress assembled, T l i a t t h i s Act may be citcd as the " V i e t n a m E r a Veterans ' Readjustment Assistance Act of 1974".

TITLE I—VOCATIONAL REHABILITATION AND EDUCATIONAL AND TRAINING ASSISTANCE ALLOWANCE RATE ADJUSTMENTS

38 USC 1501. 38 USC 1502.

SEC. 101. Chapter 81 of title 38, United States Code, is amended as follows: (1) by inserting i n section 1501(2) a comma and "all a p p r o p r i ate individualized t u to r i a l assistance," after " c o u n s e l i n g "; (2) by striking out in section 1502(a) all after "if such disability " and inserting i n lieu thereof "arose out of service during W o r l d W a r II or the r e after. "; and

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text: Dictionary of National Biography, 1885-1900/Williams, Rowland


text: The Eurypterida of New York/Volume 1

title: The Eurypterida of New York/Volume 1


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88 STAT.

(3) by amending the table contained in section 1504(b) to read as follows:

lowances. 38 USC 1504.

"Column I

Column II

Column III

Column IV

Column V

Type of training

No dependents

One dependent

Two dependents

More than two dependents

Institutional: Full-time Half-time -Farm cooperative, apprentice, or other on-the-job training: Full-time

The amount in column IV, plus the following for each dependent in excess of two: $201 151 100

$249 188 126

$293 221 147

175

212

246

$21 17 11 17".

SEC. 102. Chapter 34 of title 38, United States Code, is amended as follows: (1) by striking out in the last sentence of section 1677(b) "$220" and inserting in lieu thereof "$260"; (2) by amending the table contained in section 1682(a)(1) to read as follows: "Column I

Column II

Colunm III

Column IV

Coliunn V

Type of program

No dependents

One dependent

Two dependents

More than two dependents The amount in column IV, plus the following for each dependent in excess of two:

Institutional: Full-time Half-time...

-.

$270 203 135 217

$321 240 160 255

$366 275 182 289

$22 17 11 17";

(3) by striking out in section 1682(b) "$220" and inserting in lieu thereof "$260"; (4) by amending the table contained in section 1682(c)(2) to read as follows: "Column I

Column II

Coliunn III

Column IV

Column V

Basis

No dependents

One dependent

Two dependents

More than two dependents The amount in column IV, plus the following for each dependent in excess of two:

Full-time Half-time

subsistence ai-

$217 163 109

$255 191 128

$289 218 145

$17 13 9";

Flight training. 38 USC 1677. Educational assistance allowances. 38 USC 1682.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/264

 1580 38 USC 1696.

Allowance computation. 38 USC 1732.

38 USC 1742. Special training allowance.

Correspondence courses. 38 USC 1786. On-job-training allowance. 38 USC 1787.

PUBLIC LAW 93-508-DEC. 3, 1974

[88

STAT.

and (5) by striking out in section 1696(b) "$220" and inserting in lieu thereof "$260". SEC. 103. Chapter 35 of title 38, United States Code, is amended as follows: (1) by amending section 1732(a)(1) to read as follows: " (a)(1) The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be computed at the rate prescribed in section 1682(a)(1) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of an institutional program by an eligible veteran with no dependents."; (2) by striking out in section 1732(a)(2) all after and including "of (A) " and inserting in lieu thereof "prescribed in section 1682(b)(2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran."; (3) by striking out in section 1732(b) "$177" and inserting in lieu thereof "$209"; and (4) by amending section 1742(a) to read as follows: " (a) While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $260 per month. If the charges for tuition and fees applicable to any such course are more than $82 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $82 a month, upon election by the parent or guardian of the eligible person to have such person's period of entitlement reduced by one day for each $8.69 that the special training allowance paid exceeds the basic monthly allowance.". SEC. 104. Chapter 36 of title 38, United States Code, is amended as follows: (1) by striking out in section 1786(a)(2) "$220" and inserting in lieu thereof "$260"; (2) by amending the table contained in paragraph (1) of section 1787(b) to read as follows: "Column I

Column II

Column III

Column IV

Column V

Periods of training

No dependents

One dependent

Two dependents

More than two dependents

$232 184 137 90

The amount in column IV, plus the following for each dependent in excess of two: $9 9 9 9";

First 6 months Second 6 months Third 6 months.Fourth and any succeeding 6-month periods-

$189 142 96 47

$212 164 117 70

and (3) by amending section 1787(b)(2) to read as follows: "(2) The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be

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..imi

computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course.". SEC. 105. (a) The Administrator shall carry out directly a thorough ^Z'^^^aiilwantT study and investigation of the administrative difficulties and oppor- program abuses. tunities or abuse that would be occasioned by enactment of some form study. of variable tuition assistance allowance program, with reference to note. such difficulties and abuses experienced by the Veterans' Administration after the end of World W a r II in carrying out the provisions of Veterans' Regulation Numbered 1 (a), relating to the payment of tuition and related expenses for veterans of World W a r II pursuing a program of education or training under the Servicemen's Readjustment Act of 1944, and to any such difficulties and abuses presently ss Stat. 284. being experienced by the Veterans' Administration in carrying out existing tuition assistance programs under title 38, United States Code, including chapter 31 vocational rehabilitation, correspondence ^* ^^^ ^^°^' courses, flight training and P R E P, and of ways in which any such difficulties and abuses could be avoided or minimized through legislative or administrative action so as to ensure an expeditious, orderly, and effective implementation of any tuition assistance allowance program. (b) In carrying out the study and investigation required by subsection (a), the Administrator shall consult with and solicit the views and suggestions of interested veterans' organizations, educational groups and associations, persons receiving assistance under chapters 31, 34, 35 and 36 of title 38, United States Code, other Fed- 38 USC isoi. eral departments and agencies, and other interested parties. ^^^^' ^'^°°' ^'^''^' (c) The Administrator shall report to the Congress and the PresiReport to con•t

1

1

c

i

i

c

i < > j - i ' * j ^

g r e s s and the

dent not later than one year alter the date oi enactment oi this Act President. on the results of the study and investigation carried out under this section, including any recommendations for legislative or administrative action. TITLE II — E D U C A T I O N A L A S S I S T A N C E PROGRAM ADJUSTMENTS SEC. 201. Section 1652(a)(3) of title 38, United States Code, is amended by striking out the period at the end of such section and inserting in lieu thereof "unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more (not including any service as a cadet or midshipman at one of the service academies).". SEC. 202. Section 1661 of title 38, United States Code, is amended by. . . (1) inserting in subsection (a) before the period at the end thereof "plus an additional number of months, not exceeding nine, as may be utilized in pursuit of a program of education leading to a standard undergraduate college degree"; and (2) striking out in subsection (c) "subsection (b) " and inserting in lieu thereof "subsections (a) and (b)".

Entitlement.

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text: Dictionary of National Biography, 1885-1900/Williams, Samuel


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Sales or s a l e s management courses, disapproval.

Other d i s a p proved c o u r s e s. 38 USC 1690, 1695.

Refresher training. 38 USC 1671.

Ante,

p. 1579.

Ante, p. 1581. Veteran-student services.

[88

STAT.

SEC. 203. Section 1673 of title 38, United States Code, is amended as follows: (1) by amending subsection (a)(2) to read as follows: "(2) any sales or sales management course which does not provide specialized training within a specific vocational field, or in any other course with a vocational objective, unless the eligible veteran or the institution offering such course submits justification showing that at least one-half of the persons who completed such course over the preceding two-year period, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training (but in computing the number of persons who completed such course over any such two-year period, there shall not be included the number of persons who completed such course with assistance under this title while serving on active duty); or"; (2) by inserting in subsection (a)(3) "(or the advertising for which he finds contains significant avocational or recreational themes)" after "character"; and (3) by amending subsection (d) to read as follows: " (d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any course (other than one offered pursuant to subchapter V or subchapter VI of this chapter) which does not lead to a standard college degree and which is offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or the Veterans' Administration under this title.". SEC. 204. Section 1682 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: " (d)(1) Notwithstanding the prohibition in section 1671 of this title prohibiting enrollment of an eligible veteran in a program of education in which such veteran has 'already qualified,' a veteran shall be allowed up to six months of educational assistance (or the equivalent thereof in part-time assistance) for the pursuit of refresher training to permit such veteran to update such veteran's knowledge and skills and to be instructed in the technological advances which have occurred in such veteran's field of employment during and since the period of such veteran's active military service. "(2) A veteran pureuing refresher training under this subsection shall be paid an educational assistance allowance based upon the rate prescribed in the table in subsection (a)(1) or in subsection (c)(2) of this section, whichever is applicable. "(3) The educational assistance allowance paid under the authority of this subsection shall be charged against the period of entitlement the veteran has earned pursuant to section 1661(a) of this title.". SEC. 205. Section 1685 of title 38, United States Code, is amended as follows: (1) by striking out in subsection (a) all of that portion of the second sentenee preceding "during a semester" and inserting in

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lieu thereof "Such work-study allowance shall be paid in the amount of $625 in return for such veteran-student's agreement to perform services, durino; or between periods of enrollment, aggregatino; two hundred and fifty hours"; (2) by striking out the last sentence of subsection (a) and inserting in lieu thereof the following: "An agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours, in which case the amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours. In the case of any agreement providing for the performance of services for one hundred hours or more, the veteran student shall be paid $250 in advance, and in the case of any agreement for the performance of services for less than one hundred hours, the amount of the advance payment shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours."; and (3) by striking out in subsection (c) "(not to exceed eight hundred man-years or their equivalent in man-hours during any fiscal year)". SEC. 206. Section 1692(b) of title 38, United States Code, is amended \ aS f o l l o w s:

/

'

-

^P;'^^^^ ^"PP^^" mentary assistance.

(1) by striking out "$50" and inserting in lieu thereof "$60"; (2) by striking out "nine months" and inserting in lieu thereof "twelve months"; and (3) by striking out "$450" and inserting in lieu thereof "$720". SEC. 207. Section 1723 of title 38, United States Code, is amended as follows: (1) by amending subsection (a)(2) to read as follows: "(2) any sales or sales management course which does not pro^^^^^ °'" ^^^^^ vide specialized training within a specific vocational field, or in ^our^se^s'Td'isapany other course with a vocational objective, unless the eligible provai. person or the institution offering such course submits justification showing that at least one-half of the persons Avho completed such course over the preceding two-year period, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training (but in computing the number of persons who completed such course over any such two-j^ear period, there shall not be included the number of persons who completed such course with assistance under this title while serving on active duty); or"; (2) by inserting in subsection (a)(3) " ( o r the advertising for which he finds contains significant avocational or recreational themes)" after "character"; (3) by striking out in subsection (c) "any course of institutional on-f arm training,"; and (4) by striking out in subsection (d) "to be pursued below the college level" and inserting in lieu thereof "not leading to a standard college degree".

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Page:The Grateful Dead.djvu/30

14

Contos e historias de proveito e exemplo, by Gonçalo Fernandez Trancoso, Parte 2, Cont. ii., first published in 1575 and frequently re-issued during the sixteenth and seventeenth centuries. In the edition published at Lisbon in 1693, our tale is found on pp. 45r.-60r.; and in that published at the same place in 1710, on pp. 110-177. Menéndez y Pelayo, Orígenes de la Novela (Nueva Biblioteca de autores españoles vii.), 1907, ii. lxxxvii ff., gives a bibliography, the table of contents, and a description of the work on the basis of seventeenth century editions; on p. xcv. he connects the tale above-mentioned with The Grateful Dead. See T. Braga, Contos tradicionaes do povo portuguez, 1883, ii. 63-128, who prints nineteen of the tales in abbreviated form, but not ours.

Johannes Junior (Gobius), Scala Celi, 1480, under Elemosina. Gobius was born in the south of France and lived about the middle of the fourteenth century. Summary by Simrock, pp. 106-109. Mentioned by Hippe, p. 169.

Richars li Biaus, ed. W. Foerster, 1874. A romance written in Picardy or eastwards in the thirteenth century (Foerster, p. xxi). Analyzed by Köhler, Revue critique, 1868, pp. 412 ff., and Hippe, p. 155. Compared in detail with Lion de Bourges by Wilhelmi, pp. 46 ff.

An Old French romance known to exist in two manuscripts, the earlier dating from the fourteenth century, the later from

title: Page:The Grateful Dead.djvu/30


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PUBLIC LAW 93-508-DEC. 3, 1974

' 'Farm coopera t i v e " programs, assistance.

Ante,

p. 1579.

38 USC 1780.

38 USC 1774. Administrative e x p e n s e s, allow-

[88 STAT,

SEC. 208. Section 1732 of title 38, United States Code, is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c)(1) An eligible person who is enrolled in an educational institution for a 'farm cooperative' program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months and who pursues such program on— " (A) a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period), " (B) a three-quarter-time basis (a minimum of seven clock hours per week), or " (C) a half-time basis (a minimum of five clock hours per week), shall be eligible to receive an educational assistance allowance at the appropriate rate provided in paragraph (2) of this subsection, if such eligible person is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator. I n computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the person is enrolled, "(2) The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing a farm cooperative program under this chapter shall be computed at the rate prescribed in section 1682(c)(2) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of a farm cooperative program by an eligible veteran with no dependents.". SEC. 209. Section 1780(a)(2) is amended by inserting "(or customary vacation periods connected therewith)" after "holidays". SEC. 210. Chapter 36 of title 38, United States Code, is amended as follows: (1) by amending section 1774(b) to read as follows: " (b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: 'Total salary cost reimbursable under this section $5,000 or less Over $5,000 but not exceeding $10,000_. Over $10,000 but not exceeding $35,000.. Over $35,000 b u t not exceeding $40,000. Over $40,000 but not exceeding $75,000. Over $75,000 but not exceeding $80,000. Over $80,000

Allowable for administrative expense $550. $1,000. $1,000 for the first each additional thereof. $6,050. $6,050 for the first each additional thereof. $12,000. $12,000 for the first each additional thereof.";

$10,000 plus $925 for $5,000 or fraction $40,000 plus $800 for $5,000 or fraction $80,000 plus $700 for $5,000 or fraction

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text: Dictionary of National Biography, 1885-1900/Williams, Thomas (1513?-1566)


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and (2) by amending section 1784(b) to read as follows: ^^ ^^'^ ^^^'* " (b) The Administrator may pay to any educational institution, or Reporting fee. to any joint apprenticeship training committee acting as a training establishment, furnishing education or training under either this chapter or chapter 34 or 35 of this title, a reporting fee which will i/oo"^*^ ^^^^' be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to him by law or regulation. Such reporting fee shall be computed for each calendar year by multiplying $3 by the number of eligible ^•eterans or eligible persons enrolled under this chapter or chapter 34 or 35 of this title, or $4 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are deliveied at the time of registration as provided under section 1780(d)(5) of this title, on October 31 38 USC 17so. of that year; except that the Administrator may, where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 per centum from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable.". SEC. 211. Section 1788(a) of title 38, United States Code, is amended as T Hows: O (1) by striking out in clause (1) "below the college level" and inserting in lieu thereof a comma and "not leading to a standard college degree,"; (2) by striking out in clause (2) "below the college level" and inserting in lieu thereof a comma and "not leading to a standard college degree,"; (3) by striking out in clause (6) "below the college level" and inserting in lieu thereof "not leading to a standard college degree"; and (4) by adding at the end of such subsection the following: "Notwithstanding the provisions of clause (1) or (2) of this subsection, an educational institution offering courses not leading to a standard college degree may measure such courses on a quarter- or semester-hour basis (with full time measured on the same basis as provided by clause (4) of this subsection); but (A) the academic portions of such courses must require outside preparation and be measured on not less than one quarter or one semester hour for each fifty minutes net of instruction per week or quarter or semester; (B) the laboratory portions of such courses must be measured on not less than one quarter or one semester hour for each two hours of attendance per week per quarter or semester; and (C) the shop portions of such courses must be measured on not less than one quarter or one semester hour for each three hours of attendance per week per quarter or semester. In no event shall such course be considered a full-time course when less than twenty-two hours per week of attendance is required.". SEC. 212. (a) Chapter 36 of title 38, United States Code, is amended by inserting at the end thereof the following new section:

Measurement of courses.

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[88 STAT.

38 USC 1796.

1^ S

"§1796. Limitation on certain advertising, sales, and enrollment practices " (a) The Administrator shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive, or misleading either by actual statement, omission, or intimation. 38 USC 1794. «(b) The Administrator shall, pursuant to section 1794 of this title, enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, in carrying out investigations and making his determinations under subsection (a) of this section. Such agreement shall provide that cases arising under subsection (a) of this section or any similar matters with respect to any of the requirements of this chap38 USC 1651, ter or chapters 34 and 35 of this title shall be referred to the Federal 1700. Trade Commission which in its discretion will conduct an investigation and make preliminary findings. The findings and results of any such investigations shall be referred to the Administrator who shall take appropriate action in such cases within ninety days after such referral. frr"*^* *° ^°"' "(c) Not later than sixty days after the end of each fiscal year, the gress. Administrator shall report to Congress on the nature and disposition of all cases arising under this section.". (b) The table of sections at the beginning of chapter 36 of such title is amended by inserting "1796. Limitation on certain advertising, sales, and enrollment practices."

below "1795. Limitation on period of assistance under two or more programs.".

I

y

SEC. 213. (a) Subchapter II of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the following new sections: 38 USC 219. "§ 219. Evaluation and data collection " (a) The Administrator, pursuant to general standards which he shall prescribe in regulations, shall measure and evaluate on a continuing basis the impact of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Such information as the Administrator may deem necessary for purposes of such evaluations shall be made available to him, upon request, by all departments, agencies, and instrumentalities of the executive branch. "(b) In carrying out this section, the Administrator shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title. studies, tabu"(c) The Administrator shall make available to the public and on a Virrv^iiaTiiregular basis provide to the appropriate committees of the Congress ity to public and copics of all complcted evaluative research studies and summaries of commmei°s"^^ evaluatlous of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.

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