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Page:United States Statutes at Large Volume 90 Part 2.djvu/918

 90 STAT. 2386

"Standard college degree." 38 USC 1770 et
 * 9'-

38 USC 1690, 1695. Study. 38 USC 1501 °®*®^^ use 1501, 1700 1770 38 USC 1673.

38 USC 1501 ^^^^-

PUBLIC LAW 94-502—OCT. 15, 1976 degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. "(g) For the purposes of this chapter and chapter 36 of this title, the term 'standard college degree' means an associate or higher degree awarded by (1) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (2) an institution of higher learning that is a 'candidate' for accreditation as that term is used by the regional or national accrediting agencies; or (3) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Commissioner of Education under the provisions of section 1775 of this title.". SEC. 203. Section 1661 of title 38, United States Code, is amended— (1) by striking out in the second sentence of subsection ^a) all after "period of" the second time it appears and inserting m lieu thereof "45 months (or the equivalent thereof in part-time educational assistance)."; and (2) by amending subsection (c) to read as follows: "(c) Except as provided in subsection (b) and in subchapters V and VI of this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months.". SEC. 204. (a) The Administrator shall carry out a study of the vocational objective programs approved for the enrollment of veterans and other eligible persons under chapters 31, 34, 35, and 36 of title 38, United States Code. The study shall include the extent to which such programs are in compliance with the applicable provisions of such chapters particularly the requirements of section 1673(a)(2) of that title. (b) The findings and report of such study with respect to the provisions of section 1673(a)(2) of such title shall include, but shall not be limited to— (1) the number of veterans and institutions submitting justification asserting compliance with the requirements of such section and the extent to which any courses were challenged or disqualified by a State approving agency or by the Veterans' Administration; (2) the number of institutions and courses for which justification showing compliance with the requirements of such section was not submitted; (3) the number of courses for which justification showing compliance with the requirements of this section was submitted and actively reviewed by either the appropriate State approving agency or by the Veterans' Administration; (4) the extent to which courses subject to the requirements of such section have not been identified or surveyed; (5) the extent to which vocational objective programs have been converted to degree programs following enactment of Public Law 93-508; (6) information as to completion rates of those courses submitting placement reports pursuant to such section;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/919

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2387

(7) the extent to which justification submitted pursuant to such section disclosed invalid survey population; (8) the extent to which justification submitted pursuant to such section disclosed improper exclusion of students who completed the course but did not take or pass a licensing examination given by the State; (9) the extent to which justification submitted pursuant to such section disclosed improper exclusion of persons employed in other fields; (10) the extent to which justification submitted pursuant to such section disclosed improper exclusion of persons as being in closely related occupations, when in fact they were not; (11) the extent to which justification submitted pursuant to such section disclosed improper exclusion of some persons as not being available for employment; (12) the extent to which there are deficiencies in basic procedures, instructions, and forms issued pursuant to such section; and (13) the extent to which vocational objective programs are being pursued for avocational or recreational purposes. (c) The Administrator shall report the results of the study carried Report to out under this section to the Congress and the President not later President and than 180 days after the date of enactment of this Act and shall include '"'"g''®^^in such report any recommendations for legislative or administrative action the Administrator deems appropriate. SEC. 205. Section 1673 of title 38, United States Code, is amended— (1) by striking out at the end of subsection (a)(2) "or"; (2) by striking out the period at the end of subsection (a)(3) and inserting in lieu thereof "; or"; (3) by adding at the end of subsection (a) a new clause (4) as follows: "(4) any independent study program except one leading to a standard college degree."; and (4) 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, any farm cooperative training course, or any course described in section 1789(b)(6) of this title) 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, by the Veterans' Administration under this title and/or by grants from any Federal agency. The Administrator may waive the requirements of this subsection, in whole or in part, if the Administrator determines it to be in the interest of the eligible veteran and the Federal Government.". SEC. 206. Section 1674 of title 38, United States Code, is amended by inserting immediately after the first sentence thereof the following: "Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time the eligible veteran is not progressing at a rate that will permit such veteran to graduate within the approved length of the course based on the training time as certified to the Veterans' Administration.". SEC. 207. Section 1682 of title 38, United States Code, is amended by adding a new subsection (e) at the end thereof as follows:

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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 90 Part 2.djvu/920

 90 STAT. 2388

Special supplementary assistance.

38 USC 1652. 38 USC 1697A. 38 USC 1696. 38 USC 1631.

38 USC 1652. 38 USC 1661.

38 USC 1662. 38 USC 1663. 38 USC 1670. 38 USC 1671.

38 USC 1673. 38 USC 1674.

PUBLIC LAW 94-502—OCT. 15, 1976 "(e^ The educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree shall be computed at the rate provided in subsection (b)(2) of this section. In those cases where independent study is combined with resident training and the resident training constitutes the major portion of such training, the maximum allowance may not exceed the full-time institutional allowance provided under subsection (a)(1) of this section.". SEC. 208. Section 1685(b) of title 38, United States Code, is amended by adding at the end thereof the following: "In the event the veteran ceases to be a full-time student before completing such agreement, the veteran may, with the approval of the Administrator, be permitted to complete such agreement.". SEC. 209. Section 1692 of title 38, United States Code, is amended, by striking out in subsection (b) "$60" and "$720 ' and inserting in lieu thereof "$65" and "$780", respectively. SEC. 210. Chapter 34 of title 38, United States Code, is amended— (1) by striking out in section 1652(e) "United States Code,"; (2) by striking out in subsections (a) and (b) of section 1681 "section 1780" and inserting in lieu thereof "chapter 36"; (3) by redesignating section 1697A as section 1698; (4) by striking out in the table of sections at the beginning of such chapter "1697A" and inserting in lieu thereof "1698"; and (5) by amending section 1696 by inserting at the end thereof the following new subsection: "(d) After October 31, 1976, no person other than a member of the Armed Forces described in section 1631(b) of this title shall be permitted to enroll, or re-enroll, in any course provided under the authority of this subchapter.". SEC. 211. Chapter 34 of title 38, United States Code, is amended— (1) by striking out in subsections (a) and (d) of section 1652 "he" and "wife" and inserting in lieu thereof "such individual" and "spouse", respectively; (2) by striking out in section 1661(a) "his" and "he" each time they appear and inserting in lieu thereof "the veteran's" and "the veteran", respectively; (3) by striking out in subsections (a), (b), and (d) of section 1662 "his" and "he" each time they appear and inserting in lieu thereof "the veteran's" and "the veteran", respectively; (4) by striking out in section 1663 "he" each time it appears and inserting in lieu thereof "the Administrator"; (5) by striking out in section 1670 "him" each time it appears and inserting in lieu thereof "the veteran"; (6) by striking out in section 1671 "he" the first time it appears and inserting in lieu thereof "the Administrator", by striking out "he" the second time it appears and inserting in lieu thereof "the veteran or person", and by striking out "his"' each time it appears and inserting in lieu thereof "the veteran's or person's"; (7) by striking out in section 1673(a) "he" and "his" and inserting in lieu thereof "the Administrator" and "the veteran's", respectively; (8) by striking out in section 1674 "his" and "he" each time they appear and inserting in lieu thereof "the veteran's" and "the Administrator", respectively;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/921

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2389

(9) by striking out in section 1676 "his" and "he" and inserting 38 USC 1676. in lieu thereof "the Administrator's" and "the Administrator", respectively; (10) by striking out in section 1681(a) "his" and inserting in 38 USC 1681. lieu thereof "the veteran's"; (11) by striking out in section 1685(c) "he" and |'his" each 38 USC 1685. time they appear and inserting in lieu thereof "the Administrator" and "the veteran's", respectively; (12) by striking out in section 1691(a) "his" and "he" each 38 USC 1691. time they appear and inserting in lieu thereof "the veteran's" and "the veteran", respectively; (13) by striking out in section 1696(a) "he" and inserting in 38 USC 1696. lieu thereof "the Administrator"; and (14) by striking out in subsections (a) and (b) of section 1698 38 USC 1698. (as redesignated by section 211(3) of this Act) "he" and "his" and inserting in lieu thereof "the Administrator" and "such person's", respectively. TITLE III — C H A P T E R 35 SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE RATE AND PROGRAM ADJUSTMENTS SEC. 301. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1732(b) "$217" and inserting in 38 USC 1732. lieu thereof "$235"; and (2) by amending subsection (a) of section 1742 to read as 38 USC 1742. follows: "(a) While the eligible person is enrolled in and pursuing a fulltime 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 $292 per month. If the charges for tuition and fees applicable to any such course are more than $92 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $92 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 $9.76 that the special training allowance paid exceeds the basic monthly allowance.". SEC. 302. Section 1701(a) of title 38, United States Code, is amended 38 USC 1701. by adding at the end thereof the following new paragraphs: "(10) For the purposes of this chapter and chapter 36 of this title, "Institution of the term 'institution of higher learning' means a college, university, higher learning." or similar institution, including a technical or business school, offering 38 USC 1770 et postsecondary level a'cademic instruction that leads to an associate or seq. higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educationjQ programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. "(11) For the purposes of this chapter and chapter 36 of this title, "Standard the term 'standard college degree' means an associate or higher degree college degree." awarded by (A) an institution of higher learning that is accredited 38 USC 1770 et as a collegiate institution by a recognized regional or national accredit- seq. ing agency; or (B) an institution of higher learning that is a 'candidate' for accreditation as that term is used by the regional or national

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Page:United States Statutes at Large Volume 90 Part 2.djvu/922

 90 STAT. 2390

38 USC 1775.

Application.

Discontinuance for unsatisfactory progress.

Computation.

PUBLIC LAW 94-502—OCT. 15, 1976 accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Commissioner of Education under the provisions of section 1775 of this title.". SEC. 303. Section 1711 of title 38, United States Code, as amended— (1) by striking out in subsection (a) "thirty-six" and inserting in lieu thereof "45"; and (2) by striking out in subsection (b) "nine" and inserting in lieu thereof "12". SEC. 304. Section 1712 of title 38, United States Code, is amended— (1) by striking out in clauses (3) and (4) of subsection (a) "five ' each time it appears and inserting in lieu thereof " 8 "; (2) by amending clause (5) of subsection (a) to read as follows: "(5)(A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or "(B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs."; and (3) by repealing subsection (d) and redesignating subsections (e), (f), and (g), as subsections (d), (e), and (f), respectively. SEC. 305. Section 1713 of title 38, United States Code, is amended to read as follows: "The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an application to the Administrator which shall be in such form and contain such information as the Administrator shall prescribe. If the Administrator finds that the person on whose behalf the application is submitted is an eligible person, the Administrator shall approve the application provisionally. The Administrator shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application.". SEC. 306. Section 1723(a) of title 38, United States Code, is amended— ^1) by striking out at the end of clause (2) "or"; (2) by striking out at the end of clause (3) the period and inserting in lieu thereof "; or"; and (3) by adding at the end thereof a new clause (4) as follows: "(4) any independent study program except one leading to a standard college degree.". SEC. 307. Section 1724 of title 38, United States Code, is amended by inserting immediately after the first sentence thereof the following: "Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time an eligible person is not progressing at a rate that will permit such person to graduate within the approved length of the course based on the training time as certified to the Veterans' Administration.". SEC. 308. Section 1732(c) of title 38, United States Code, is amended by adding a new paragraph (3) at the end thereof as follows:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/923

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2391

"(3) The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing an independent study program which leads to a standard college degree shall be computed at the rate prescribed in section 1682(e) of this title.". SEC. 309. (a) The title of chapter 35 of title 38, United States Code, is amended by striking out "CHAPTER 35—WAR ORPHANS' AND WIDOWS' EDUCATIONAL ASSISTANCE" and inserting in lieu thereof "CHAPTER 35—SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE" (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out "35. War Orphans' and Widows' Education Assistance 1700" and inserting in lieu thereof "35. Survivors' and Dependents' Educational Assistance 1700". (c) Section 1731(a) is amended by striking out "section 1780" and inserting in lieu thereof "chapter 36". SEC. 310. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1700 "widows", "wives", and "his" each time they appear and inserting in lieu thereof "surviving spouses", "spouses", and "the veteran's", respectively; (2) by striking out in section 1701(a) "widow" and "wife" each time they appear and inserting in lieu thereof "surviving spouse" and "spouse", respectively; (3) by striking out in section 1701(b) "his" and inserting in lieu thereof "the person's" and by striking out "himself"; (4) by striking out in section 1701(c) "his" each time it appears and inserting in lieu thereof "such person's" and by striking out "himself"; (5) by striking out in section 1701(d) "he" each time it appears and inserting in lieu thereof "such person"; (6) by striking out in section 1711(b) "she" the first time it appears and inserting in lieu thereof "the spouse", by striking out "her" each time it appears and inserting in lieu thereof "such person's", and by striking out "he or she" each time it appears and inserting in lieu thereof "such person"; (7) by striking out in section 1712(a) "him", "his", and "he" each time they appear and inserting in lieu thereof "the person", "the person's", and "the person", respectively; (8) by striking out in section 1712(c) "him", "he", "his" each time they appear and inserting in lieu thereof "such person", "such person", and "such person's", respectively; (9) by striking out in subsections (e) and (f) of section 1712 (as redesignated by section 304(3) of this Act) "her" and "he" and inserting in lieu thereof "the" and "such person", respectively; (10) by striking out in section 1720(a) "his" each time it appears and inserting in lieu thereof "such person's"; (11) by striking out in section 1721 "he" and inserting in lieu thereof "the Administrator";

^

^8 USC 1731. 38 USC 1700. 38 USC 1701.

38 USC 1711.

38 USC 1712.

38 USC 1720. 38 USC 1721.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/924

 90 STAT. 2392 38 USC 1723.

38 USC 1724.

38 USC 1731. 38 USC 1733,

38 USC 1734. 38 USC 1736. 38 USC 1741. 38 USC 1743. 38 USC 1761. 38 USC 1763.

PUBLIC LAW 94-502—OCT. 15, 1976 (12) by striking out in section 1723(a) "he" and "his" and inserting in lieu thereof "the Administrator" and "the person's", respectively; (13) b^ striking out in section 1723(c) "his" and "he" and inserting in lieu thereof "the Administrator's" and "the Administrator', respectively; (14) by striking out in section 1723(d) "his" each time it appears and inserting in lieu thereof "such person's"; (15) by striking out in section 1724 "he" the first time it appears and inserting in lieu thereof "such person", by striking out "his" each time it appears and inserting in lieu thereof "the person's", and by striking out "he" the second time it appears and inserting in lieu thereof "the Administrator"; (16) by striking out in section 1731(b) "his" and "he" and inserting in lieu thereof "the person's" and "the person", respectively; (17) by striking out in section 1733(a) "wife or widow" and "she" and inserting in lieu thereof "spouse or surviving spouse" and "such spouse", respectively; (18) by striking out in section 1733(b) "he" and inserting in lieu thereof "such person"; (19) by striking out in section 1734(b) "wife or widow" and inserting in lieu thereof "spouse or surviving spouse"; (20) by striking out in section 1736 "he" and inserting in lieu thereof "the Administrator"; (21) by striking out in section 1741(b) "he" and inserting in lieu thereof "the Administrator"; (22) by striking out in subsections (a) and (b) of section 1743 "his" and "he" each time they appear and inserting in lieu thereof "the Administrator's" and "the Administrator", respectively; (23) by striking out in section 1761(a) "he" and inserting in lieu thereof "the Administrator"; and (24) by striking out in section 1763 "his" and inserting in lieu thereof "such person's". TITLE IV—POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE ACT

Post-Vietnam Era §^0. 401. This title may be cited as the "Post-Vietnam Era VetVeterans' erans' Educational Assistance Act of 1977". Educational g^^ Qg. Section 1652 of title 38, United States Code, is amended— Assistance Act ot (1) by amending paragraph (1) of subsection (a) to read as jjQjg "Eligible veteran."

" (1) The term ' e l i g i b l e v e t e r a n ' means any veteran who— " ( - ^) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; or " (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or

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Page:United States Statutes at Large Volume 90 Part 2.djvu/925

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2393

"(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under clause (B) of this paragraph, because of a service-connected disability."; and (2) by inserting in subsection (a)(2) "or (B) " after "paragraph(l)(A)". SEC. 403. (a) Section 1661(a) of title 38, United States Code, is amended by adding at the end thereof a new sentence as follows: "In the case of any person serving on active duty on December 31, 1976, or a person whose eligibility is based on section 1652(a)(1)(B) of 38 USC 1652. this chapter, the ending date for computing such person's entitlement shall be the date of such person's first discharge or release from active duty after December 31, 1976.". (b) Section 1662 of title 38, United States Code, is amended by inserting at the end thereof the following new subsection: "(e) No educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December 31, 38 USC 1770 et 1989.". ^eySEC. 404. Part III of title 38, United States Code, is amended by inserting immediately after chapter 31 of such title a new chapter as follows: "CHAPTER 32—POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE "SUBCHAPTER I—PURPOSE; DEFINITIONS

"Sec. "1601. Purpose. "1602. Definitions. "SUBCHAPTER II—ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

"1621. "1622. "1623. "1624. "1625.

Eligibility. Contributions; matching fund. Refunds of contributions upon disenrollment. Death of participant. Discharge or release under conditions which would bar use of benefits. "SUBCHAPTER III—ENTITLEMENT; DURATION

"1631. Entitlement; loan eligibility. "1632. Duration; limitations. "SUBCHAPTER IV—ADMINISTRATION

"1641. Requirements. "1642. Reporting requirements. "1643. Deposits; reports.

"Subchapter I—Purpose; Definitions "§ 1601. Purpose 38 USC 1601. "It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after December 31, 1976, (2) to assist young men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified men and women to serve in the Armed Forces.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/926

 90 STAT. 2394 38 USC 1602.

38 USC 1652.

38 USC 1621.

PUBLIC LAW 94-502—OCT. 15, 1976 «§ 1602. Definitions "For the purposes of this chapter— " (1)(A) The term 'eligible veteran' means any veteran who (i) initially entered military service on or after January 1, 1977, served on active duty for a period of more than 180 days commencing on or after such date, and was discharged or released therefrom under conditions other than dishonorable, or (ii) initially entered military service on or after January 1, 1977, and was discharged or released from active duty after such date for a service-connected disability. "(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her first obligated period of active duty (which began after December 31, 1976) or 6 years of active duty (which began after December 31, 1976), whichever period is less. "(C) For the purposes of subparagraphs (A) and (B), the term 'active duty' does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. "(2) The terms 'program of education' and 'educational institution' shall have the same meaning ascribed to them in sections 1652(b) and 1652 (c), respectively, of this title. "(3) The term 'participant' is a person who is participating in the educational benefits program established under this chapter. ^'Subchapter II—Eligibility; Contributions; and Matching Fund «§ 1621. Eligibility "(a) Each person entering military service on or after January 1, 1977, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter in this chapter referred to as the 'program' except where the text indicates otherwise) at any time during such person's service on active duty. When a person elects to enroll in the program, such person must participate for at least 12 consecutive months before disenrolling or suspending participation. "(b) The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenroUs from the program because of personal hardship as defined in regulations issued jointly by the Administrator and the Secretary of Defense (hereinafter in this chapter referred to as the 'Secretary'), or (2) the participant is discharged or released from active duty. "(c) A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutivemonth period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by regulations issued jointly by the Administrator and the Secretary. "(d) If a participant disenroUs from the program, such participant forfeits any entitlement to benefits under the program except as provided in subsection (e) of this section. A participant who disenroUs from the program is eligible for a refund of such participant's contributions as provided in section 1623 of this title.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/927

 PUBLIC LAW 94-502—OCT. 15, 1976 "(e) A participant who has disenrolled may be permitted to reenroU in the program under such conditions as shall be prescribed jointly by the Administrator and the Secretary. "(a) Each person electing to participate in the program shall agree to have a monthly deduction made from such person's military pay. Such monthly deduction shall be in any amount not less than $50 nor more than $75 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the 'Post—Vietnam Era Veterans Education Account' (hereinafter in this chapter referred to as the 'fund') to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700. "(b) Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Veterans' Administration at the rate of $2 for each $1 contributed by the participant. "(c) The Secretary is authorized to contribute to the fund of any participant such contributions as the Secretary deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces. The Secretary is authorized to issue such rules and regulations as the Secretary deems necessary or appropriate to implement the provisions of this subsection. "§ 1623. Refunds of contributions upon disenrollment "(a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 1624. "(b) If a participant disenrolls from the program prior to discharge or release from active duty, such participant's contributions will be refunded on the date of the participant's discharge or release from active duty or within 60 days of receipt of notice by the Administrator of the participant's discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Administrator and the Secretary. "(c) If a participant disenrolls from the program after discharge or release from active duty, the participant's contributions shall be refunded within 60 days of receipt of an application for a refund from the participant. "(d) In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant's entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary under the authority of section 1622(c) remaining in the fund shall be refunded to the Secretary. "§ 1624. Death of participant "(a) If a participant dies, the amount of such participant's unused contributions to the fund shall be paid (1) to the beneficiary or beneficiaries designated by such participant under such participant's Servicemen's Group Life Insurance policy, or (2) to the participant's estate if no beneficiary has been designated under such policy or if the participant is not insured under the Servicemen's Group Life Insurance program.
 * §1622. Contributions; matching fund

90 STAT. 2395

38 USC 1622.

Rules and regulations, 38 USC 1623.

38 USC 1624.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/928

 90 STAT. 2396

38 USC 1625.

38 USC 1631.

38 USC 1681.

38 USC 1798.

38 USC 1632.

PUBLIC LAW 94-502—OCT. 15, 1976 "(b) If a participant dies after having been discharged or released from active duty and before using any or all of the contributions which the participant made to the fund, such unused contributions shall be paid as prescribed in subsection (a) of this section. "§ 1625. Discharge or release under conditions which would bar the use of benefits "If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant on the date of such participant's discharge or release from active duty or within 60 days from receipt of notice by the Administrator of such discharge or release, whichever is later. "Subchapter III—Entitlement; Duration «§163L Entitlement; loan eligibility "(a)(1) A participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of parttime benefit payments). "(2) The amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran. "(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty. "(4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less. "(b) Any enlisted member of the Armed Forces participating in the program shall be eligible to participate in the Predischarge Education Program ( P R E P), authorized by subchapter VI of chapter 34 of this title, during the last 6 months of such member's first enlistment. "(c) When an eligible veteran is pursuing either a program of education under this chapter by correspondence or a program of flight training, such eligible veteran's entitlement shall be charged at the rate of 1 month's entitlement for each month of benefits paid to the eligible veteran (computed on the basis of the formula provided in subsection (a)(2) of this section). "(d) Eligible veterans participating in the program shall be eligible for education loans authorized by subchapter III of chapter 36 of this title in such amounts and on the same terms and conditions as provided in such subchapter, except that the term 'eligible veteran' as used in such subchapter shall be deemed to include 'eligible veteran' as defined in this chapter. «§ 1632. Duration; limitations "No educational assistance benefits shall be afforded an eligible veteran under this chapter beyond the date of 10 years after such veteran's last discharge or release from active duty. In the event an

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Page:United States Statutes at Large Volume 90 Part 2.djvu/929

 90 STAT. 2397

PUBLIC LAW 94-502—OCT. 15, 1976 eligible veteran has not utilized any or all of such veteran's entitlement by the end of the 10-year period, such eligible veteran is automatically disenrolled and any contributions made by such veteran remaining in the fund shall be refunded to the veteran following notice to the veteran and an application by the veteran for such refund. If no application is received within 1 year from date of notice, it will be presumed for the purposes of subsection (a) of section 725s of title 31, that the individual's whereabouts is unknown and the funds shall be transferred as directed in the last proviso of that subsection. "Subchapter IV—Administration

38 USC 1641. "§ 1641. Requirements "The provisions of sections 1670, 1671, 1673, 1674, 1676, 1677, 1681 (c), 1683, 1696, and 1698 of this title and the provisions of chapter 36 of this title, with the exception of sections 1777, 1780(c), and 1787, 38 USC 1770 et seq. shall be applicable to the program. 38 USC 1642. "§ 1642. Reporting requirements "The Administrator and the Secretary shall, within 90 days after Report to the date of enactment of this chapter, submit to the Committees on congressional Veterans' Affairs of the Senate and House of Representatives a joint committees. report containing their respective plans for implementation of the program provided for in this chapter. The Administrator and the Secretary shall submit to such committees a report each year detailing the operations of the program during the preceding year. The first such annual report shall be submitted 15 months after the date of enactment of this section. "§1643. Deposits; reports 38 USC 1643. "Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Administrator for deposit in the fund. The Secretary shall also submit to the Report to Administrator a report each month showing the name, service number, Administrator. and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary pursuant to section 1622(c), as well as any changes in each participant's enrollment and/or contribution. The report shall also include any additional information the Administrator and the Secretary deem necessary to administer this program. The Administrator shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary as well as disbursements made from the fund in the form of benefits.". SEC. 405. The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by inserting immediately below "31. VOCATIONAL REHABILITATION

1501"

the following: "32.

POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

1601".

SEC. 406. The provisions of this title shall become effective on Effective date. 38 USC 1601 January 1, 1977. SEC. 407. Section 725s (b) of title 31, United States Code, is amended note. by adding at the end thereof the following: "(84) Post-Vietnam Era Veterans Education Account, Veterans' Administration." SEC. 408. (a)(1) No individual on active duty in the Armed Forces 38 USC 1621 may initially enroll in the educational assistance program provided note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/930

 90 STAT. 2398

Recommendation to Congress.

PUBLIC LAW 94-502—OCT. 15, 1976 for in chapter 32 of title 38, United States Code (as added by section 404 of this Act) after December 31, 1981, unless— (A) before June 1, 1981, the President submits to both Houses Qf Congress a written recommendation that such program continue to be open for new enrollments; and (B) before the close of the 60-day period after the day on which the President submits to Congress the recommendation described in subparagraph (A), neither the House of Representatives nor the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution which in substance disapproves such recommendation. (2) For purposes of computing the 60-day period referred to in paragraph (1)(B), there shall be excluded— (A) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and (B) any Saturday and Sunday, not excluded under the preceding subparagraph, when either House is not in session. The recommendation referred to in paragraph (1)(A) shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session, (b) If new enrollments after December 31, 1981, in the educational assistance program provided for in such chapter 32 are authorized after the application of the provisions of subsection (a), then effective January 1, 1982, section 1622(b) of title 38, United States Code, is amended by striking out "Veterans' Administration" and inserting in lieu thereof "Department of Defense." TITLE V—CHAPTER 36 EDUCATION LOAN AND PROGRAM ADMINISTRATION AMENDMENTS

38 USC 1786.

SEC. 501. Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1786(a)(2) "$270" and inserting in lieu thereof "$292"; and (2) by amending the table contained in paragraph (1) of section 1787 (b) to read as follows: "Column I

Periods of training

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

Column II

Column III

Column IV

Column V

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: $11 11 11

$212 159 106

$238 185 132

$260 207 154

53

79

101

11".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/931

 PUBLIC LAW 94-502—OCT. 15, 1976 SEC. 502. (a) Section 1798 of title 38, United States Code, is amended— (1) by striking out in subsection (b)(3) "$270" and "$600" and inserting in lieu thereof "$292" and "$1,500", respectively; and (2) by amending clause (3) of subsection (d) to read as follows: "(3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, at the time the loan is contracted for which rate shall be comparable to the rate of interest charged students at such time on loans insured by the Commissioner of Education, Department of Health, Education, and Welfare, under part B of title IV of the Higher Education Act of 1965, but in no event shall the rate so prescribed by the Administrator exceed the rate charged students on such insured loans, and shall provide that no interest shall accrue prior to the beginning date of repayment; and". (b) The amendments made by subsection (a) shall be effective with respect to loans made under section 1798 of title 38, United States Code, on and after October 1, 1976. SEC. 503. Section 1774 of title 38, United States Code, is amended— (1) by adding at the end of subsection (a) thereof the following new sentence: "The Administrator may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of chapter 32, 34, 35, or 36 of this title, and has had the prior approval of the Administrator."; and (2) by amending subsection (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 Allowable for administrative expense under this section $5,000 or less $600. Over $5,000 but not exceeding $10,000 $1,080. Over $10,000 but not exceeding $35,000 $1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,535. Over $40,000 but not exceeding $75,000 $6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,960. Over $80,000 $12,960 for the first $80,000 plus $755 for each additional $5,000 or fraction thereof.". SEC. 504. Section 1775 of title 38, United States Code, is amended— (1) by striking out the period at the end of subsection (a) and inserting in lieu thereof "which must be certified as true and correct in content and policy by an authorized lepresentative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 1776(b)(6) and (7) of this title."; and (2) by inserting before the period in the first sentence of subsection (b) the TOllowing: "and must include as a minimum (except for attendance) the requirements set forth in section 1776(c)(7) of this title".

90 STAT. 2399

20 USC 1071.

38 USC 1798 "o*«-

Ante, p. 2393. 38 USC 1651, 1700, 1770.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/932

 90 STAT. 2400

38 USC 1786.

PUBLIC LAW 94-502—OCT. 15, 1976 SEC. 505. Section 1780(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (1) "or"; (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon; and (3) by inserting immediately after clause (2) the following new clauses: "(3) to any eligible veteran or person for auditing a course; " (4) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Administrator finds there are mitigating circumstances; or "(5) to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 1786 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less the 6 months. A certification as to the normal period of time required to complete the course must be made to the Administrator by the educational institution.". SEC. 506. The last sentence of section 1780(a) of title 38, United States Code, is amended to read as follows: "Notwithstanding the foregoing, the Administrator may, subject to such regulations as the Administrator shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) or (2) of this subsection— "(A) during periods when the schools are temporarily closed under an established policy based upon an Executive order of the President or due to an emergency situation, and such periods shall not be counted as absences for the purposes of clause (2); "(B) during periods between consecutive school terms where such veterans or persons transfer from one approved educational institution to another approved educational institution for the purpose of enrolling in and pursuing a similar course at the second institution if the period between such consecutive terms does not exceed 30 days, but such periods shall be counted as absences for the purposes of clause (2); or "(C) during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed 1 full calendar month, but such periods shall be counted as absences for the purposes of clause (2).". SEC. 507. Section 1784(a) of title 38, United States Code, is amended by adding at the end thereof the following: "The date of interruption or termination will be the last date of pursuit or, in the case of correspondence training, the last date a lesson was serviced by the school.". SEC. 508. Section 1784(b) of title 38, United States Code, is amended by striking out "$3" and "$4" and inserting in lieu thereof "$5" and "$6", respectively. SEC. 509. (a) Section 1788(a) of title 38, United States Code, is amended— (1) by striking out the semicolon at the end of clause 1 and inserting in lieu thereof a comma and the following: "but if such

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Page:United States Statutes at Large Volume 90 Part 2.djvu/933

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2401

course is approved pursuant to section 1775 of this title, then 27 hours per week of attendance, with no more than 21/^ hours of rest period per week allowed and excluding supervised study, shall be considered full time;"; and (2) by striking out the semicolon at the end of clause 2 and inserting in lieu thereof a comma and the following: "but if such course is approved pursuant to section 1775 of this title, then 22 hours per week net of instruction (excluding supervised study), which may include customary intervals not to exceed ten minutes between hours of instruction, shall be considered full time;" (b) Section 1789 of title 38, United States Code, is amended— (1) by striking out "or" at the end of clause (4) in subsection (b); (2) by striking out the period at the end of clause (5) m subsection (b) and inserting in lieu thereof "; or"; (3) by adding at the end of subsection (b) a new clause (6) to read as follows: "(6) any course offered by an educational institution under a contract with the Department of Defense that (A) is given on, or immediately adjacent to, a military base; (B) is available only to active duty military personnel and/or their dependents and (C) has been approved by the State approving agency of the State in which the base is located."; and (4) by adding at the end thereof a new subsection (c) as follows: "(c) Notwithstanding the provisions of subsection (b)(1), (2), (3), or (4) of this section, the provisions of subsection (a) shall apply to any course offered by a branch or extension of— "(1) a public or other tax-supported institution where the branch or extension is located outside of the area of the taxing jurisdiction providing support to such institution; or "(2) a proprietary profit or proprietary nonprofit educational institution where the branch or extension is located beyond the normal commuting distance of such institution.". SEC. 510. Section 1790(c) of title 38, United States Code, is amended to read as follows: "(c) Notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31, 32, 34, or 35 of this title, as well as the records of other students which the Administrator determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.". SEC. 511. Subchapter II of chapter 36, United States Code, is amended— (1) by striking out section 1793 and inserting in lieu thereof the following: "§ 1793. Compliance surveys "The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey

38 USC 1775.

38 USC 1501. Ante, p. 2393. 38 USC 1651, l^^O.

38 USC 1793.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/934

 90 STAT. 2402

PUBLIC LAW 94-502—OCT. 15, 1976 shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section."; and (2) by striking out in the table of sections at the beginning of chapter 36 of such title "1793. Institutions listed by Attorney General."

and inserting in lieu thereof "1793. Compliance surveys.". Advertising, sales, and enrollment; record maintenance.

38 USC 1771. 38 USC 1775. 38 USC 1777.

38 USC 1779. 38 USC 1780.

SEC. 512. Section 1796 of title 38, United States Code, is amended— (1) by redesignating subsections (b) and (c) as (c) and (d), respectively; and (2) by inserting after subsection (a) a new subsection (b) as follows: "(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding 12-month period. Such record shall be available for inspection by the State approving agency or the Administrator. Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.". SEC. 513. (a) Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1771(a) "his" and inserting in lieu thereof "such"; (2) by striking out in section 1775(a) "he" and inserting in lieu thereof "the Commissioner"; (3) by striking out in subsections (b) and (c) of section 1777 "he", "him", "his" each time they appear and inserting in lieu thereof "the veteran or person", "the veteran or person", and "such veteran's or person^", respectively; (4) by striking out in section 1779(b) "his" and inserting in lieu thereof "the Administrator's"; (5) by striking out in subsections (a) and (b) of section 1780 "his", "wife or widow", and "wife's or widow's" each time they appear and inserting in lieu thereof "such veteran's or person's", "spouse or surviving spouse", and "spouse's or surviving spouse's", respectively; (6) by striking out in subsections (c) and (d) of section 1780 "his" and "he" each time they appear and inserting in lieu thereof "such veteran's or person's" and "the veteran or person", respectivelj; (7) by inserting "may" immediately before "need" in section 1780(d)(1); (8) by inserting immediately after the fourth sentence in section 1780(d)(2) the following new sentence: "An advance pay-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/935

 PUBLIC LAW 94-502—OCT. 15, 1976 meiit may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Administrator finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs 6(B) and (C) and (6) of this subsection." (9) by striking out section 1780(e) and the heading thereto; (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following: "Subject to such reports and proof as the Administrator may require to show an eligible veteran's or eligible person's enrollment in and satisfactory pursuit of such person's program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted."; (11) by striking out in section 1780(f) "him" and inserting in lieu thereof "such veteran or person"; (12) by striking out in section 1780(h) "he" the first time it appears and inserting in lieu thereof "the Administrator" and by striking out "he" the second time it appears and inserting in lieu thereof "the veteran or person"; (13) by striking out m section 1781 "him" and inserting in lieu thereof "such person"; (14) by striking out in section 1783(a) "his" and inserting in lieu thereof "such officer's or employee's"; (15) by striking out in section 1783(b) "he" the first time it appears and inserting in lieu thereof "such person" and by striking out "he" the second time it appears and inserting in lieu thereof "the Administrator"; (16) by striking out in section 1783(d) "he" and inserting in lieu thereof "the Administrator"; (17) by striking out in subsections (a) and (b) of section 1784 "him" and inserting in lieu thereof "the Administrator"; (18) by striking out in subsections (a), (b), and (c) of section 1786 "wife and widow" and "his" each time they appear and inserting in lieu thereof "spouse or surviving spouse" and "such veteran's or spouse's", respectively; (19) by striking out in subsections (a), (b), and (d) of section 1790 "he" each time it appears and inserting in lieu thereof "the Administrator"; (20) by striking out in subsections (a), (b), and (c) of section 1791 "his" and "he" each time they appear and inserting in lieu thereof "the veteran's or person's" and "the Administrator", respectively; (21) by striking out in section 1794 "his" and inserting in lieu thereof "the Administrator's"; (22) by striking out in section 1796(c) (as redesignated by section 513(1) of this Act) "his" and inserting in lieu thereof "the Administrator's"; (23) by striking out in section 1798(b)(1) "he" and inserting in lieu thereof "the veteran or person" and by striking out in section 1798(e)(1) "he" and inserting in lieu thereof Hhe Administrator"; and

90 STAT. 2403

38 USC 1780.

.

38 USC 1781. 38 USC 1783.

38 USC 1784.

38 USC 1794. 38 USC 1796. 38 USC 1798.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/936

 90 STAT. 2404 38 USC 1799. Effective date. 38 USC 1780 note.

PUBLIC LAW 94-502—OCT. 15, 1976 (24) by striking out in section 1799(d) " h i s " and inserting in lieu thereof "the Administrator's". (b) The amendments made by paragraph s (7), (8), (9), and (10) of subsection (a) shall take effect June 1, 1977, and shall apply with respect to educational assistance allowances and subsistence allowances paid under title 38, United States Code, for months after May 1977. TITLE VI—VETERANS' EMPLOYMENT PROVISIONS

ASSISTANCE

SEC. 601. (a) Section 2002 of title 38, United States Code, is amended by inserting "by a Deputy Assistant Secretary of Labor for Veterans' Employment, established by section 2002A of this title," after "promulgated and administered". (b) Chapter 41 of title 38, United States Code, is amended by— (1) a d d i n g after section 2002 a new section as follows: 38 USC 2002A. " § 2002A. Deputy A s s i s t a n t Secretary of Labor for Veterans' Employment " The r e is established within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans' Employment, appointed by the President by and with the advice and consent of the Senate, who shall be the principal advisor to the Secretary of Labor with respect to the formulation and implementation of all departmental policies and procedures to carry out (1) the purposes of this chapter, chapter 42, and chapter 43 of this title, and (2) all other Department 38 USC 2010, 2021. of Labor employment, unemployment, and training programs to the extent they affect veterans,"; and (2) amending the table of sections at the beginning of chapter 41 of such title I)y inserting "2002A. Deputy Assistant Secretary of Labor for Veterans' Employment. after "2002. Purposes.". (c) Section 104(a) of the Emergency J o b s and Unemployment Repeal. Assistance Act of 1974 (Public Law 93-567) is repealed. 38 USC 2002 SEC. 602. Section 2003 of title 38, United States Code, is amended— note. (1) by inserting in the fourth sentence "or by prime sponsors 29 USC 801 note. under the Comprehensive Employment and T r a i n i n g Act " after " program s admmistered by the Secretary"; (2) by striking out " and " at the end of clause (5); and (3) by redesignating clause (6) as clause (7) and inserting new clause (6) as follows: " (6) promote the participation of veterans in Comprehensive Employment and T r a i n i n g Act programs and monitor the implementation and operation of Comprehensive Employment and T r a i n i n g Act programs to assure that eligible veterans receive special consideration when required; and". SEC. 603. Section 2006(a) of title 38, United States Code, is amended by inserting in the last sentence "each" after "shall". SEC. 604. Section 2007 of title 38, United States Code, is amended— (1); by striking out in subsection (a)(1) " h i s " and inserting in lieu thereof "such veteran's and eligible person's"; (2^ by inserting in the second sentence of subsection (c) "and public service employment" after "occupational t r a i n i n g "; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/937

 PUBLIC LAW 94-502—OCT. 15, 1976

90 STAT. 2405

(3) by striking out in the last sentence of subsection (c) "or 2006" and inserting in lieu thereof ", 2006, or 2007(a)". SEC. 605. Section 2012 of title 38, United States Code, is amended by adding at the end thereof a new subsection (c) as follows: "(c) The Secretary shall include as part of the annual report required by section 2007(c) of this title the number of complaints filed pursuant to subsection (b) of this section, the actions taken thereon and the resolutions thereof. Such report shall also include the number of contractors listing suitable employment openings, the nature, types, and number of positions listed and the number of veterans receiving priority pursuant to subsection (a)(2) of this section.". SEC. 606. Chapter 41 of title 38, United States Code, is amended—r (1) by striking out in section 2003 "he" and "his" and inserting in lieu thereof "the Secretary" and "such representatives", respectively; (2) by striking out in section 2004 "his" and inserting in lieu thereof "such representatives" and by inserting "or eligible persons" after "eligible veterans"; (3) by striking out in section 2005 "he" and inserting in lieu thereof "the Secretary"; and (4) by striking out in section 2008 "his" and "him" and inserting in lieu thereof "the Secretary's" and "the Administrator", respectively. SEC. 607. Chapter 42 of title 38, United States Code, is amended— (1) by striking out in section 2011(2) "his" and inserting in lieu thereof "the person's"; and (2) by striking out in the first sentence of section 2012(b) "his" and inserting in lieu thereof "the contractor's". SEC. 608. Chapter 43 of title 38, United States Code, is amended— (1) by striking out in section 2021(a)(2)(B) "his" each time it appears and inserting in lieu thereof "the employer's"; (2) by striking out in section 2021(b)(2) "his'^ and "he" and inserting in lieu thereof "the person's" and "the person", respectively; and (3) by striking out in the sixth sentence of section 2024(d) "his" each time it appears and inserting in lieu thereof "such employer's". TITLE VII—MISCELLANEOUS AND EFFECTIVE

DATE

SEC. 701. Section 3101(a) of title 38, United States Code, is amended by adding at the end thereof the following: "For the purposes of this subsection, in any case where a payee of an educational assistance allowance has designated the address of an attorney-in-fact as the payee's address for the purpose of receiving his or her benefit check and has also executed a power of attorney giving the attorney-infact authority to negotiate such benefit check, such action shall be deemed to be an assignment and is prohibited.". SEC. 702. Section 2108(1)(B) of title 5, United States Code, is amended by striking out "after January 31, 1955," and inserting in lieu thereof "any part of which occurred after January 31, 1955, and before the date of the enactment of the Veterans' Education and Employment Assistance Act of 1976,".

38 USC 2003. 38 USC 2004. 38 USC 2005. 38 USC 2008.

38 USC 2011. 38 USC 2012. 38 USC 2021.

38 USC 2024.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/938

 90 STAT. 2406 Effective date. 38 USC 1504 note.

PUBLIC LAW 94-502—OCT. 15, 1976 SEC. 703. (a) Sections 101, 201, 203, 207, 209, 301, 303, 304, 308, 501, 502, 503, and 508 of this Act shall become effective on October 1, 1976. (b) Sections 102, 104, 202, 204, 205(1), 205(2), 205(3), 208, 210, 211, 302, 305, 306, 309, 310, 506, 510, 511, and 513 (other than paragraphs (7), (8), (9), and (10) of subsection (a)) of this Act shall become effective on the date of the enactment of this Act. (c) Sections 103, 205(4), 206, 307, 504, 505, 507, 509, 512, and 701 and title VI of this Act shall become effective on December 1, 1S76. Approved October 15, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-1243 (Coram, on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed Senate; considered and passed House, amended; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 12, No. 43: Oct. 15, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/939

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2407

Public Law 94-503 94th Congress An Act To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968, and for other purposes.

Oct. 15, 1976 [S. 2212]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Crime Control be cited as the "Crime Control Act of 1976". Act of 1976. 42 USC 3701 note. TrriiB I—^AMENDMENTS KELATING TO L.E.A.A. AMENDMENTS TO STATEMENT OF PUKPOSE

SEC. 101. The "Declaration and Purpose" of title I of the Omnibus Crime Control and Safe Streets Act of 1968, is amended as follows: 42 USC 3701. (1) By inserting between the second and third paragraphs the following additional paragraph: "Congress tinds further that the financial and technical resources of the Federal Government should be used to provide constructive aid and assistance to State and local governments in combating the serious problem of crime and that the Federal Government should assist State and local governments in evaluating the impact and value of programs developed and adopted pursuant to this title.". (2) By striking out the fourth paragraph and inserting in lieu thereof the following new paragraph: "It is therefore the declared policy of the Congress to assist State and local governments in strengthening and improving law enforcement and criminal justice at every level by Federal assistance. It is the purpose of this title to (1) encourage, through the provision of Federal technical and financial aid and assistance, States and units of general local government to develop and adopt comprehensive plans based upon their evaluation of and designed to deal with their particular problems of law enforcement and criminal justice; (2) authorize, following evaluation and approval of comprehensive plans, grants to States and units of local government in order to improve and strengthen law enforcement and criminal justice; and (3) encourage, through the provision of Federal technical and financial aid and assistance, research and development directed toward the improvement of law enforcement and criminal justice and the development of new methods for the prevention and reduction of crime and the detection, apprehension, and rehabilitation of criminals.". SUPERVISION BY ATTORNEY GENERAL

SEC. 102. Section 101(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after "authority" 42 USC 3711. the following: ", policy direction, and general control". OFFICE OF COMMUNITY ANTI-CRIME PROGRAMS

SEC. 103. Section 101 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following:

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 90 STAT. 2408

PUBLIC LAW 94-503—OCT. 15, 1976

Office of "(c) There is established in the Administration the Office of ComCommunity Anti- munity Anti-Crime Programs (hereinafter in this subsection referred Crime Programs. to as the 'Office'). The Office shall be under the direction of the Deputy Establishment. Administrator for Policy Development. The Office shall— "(1) provide appropriate technical assistance to community and citizens groups to enable such groups to apply for grants to encourage community and citizen participation in crime prevention and other law enforcement and criminal justice activities; "(2) coordinate its activities with other Federal agencies and programs (including the Community Relations Division of the Department of Justice) designed to encourage and assist citizen participation in law enforcement and criminal justice activities; and " (3) provide information on successful programs of citizen and community participation to citizen and community groups.". AMENDMENT TO PART B PURPOSES

42 USC 3721.

SEC. 104. Section 201 of title I of such Act is amended by inserting immediately after "part" the following: "to provide financial and technical aid and assistance". SEGTIOX 2 0 3

42 USC 3723. State planning agency.

Post, p. 2421.

AMENDMENTS

SEC. 105. Section 203 of title I of such Act is amended to read as follows: "SEC. 203. (a)(1) A grant made under this part to a State shall be utilized by the State to establish and maintain a State planning agency. Such agency shall be created or designated by the chief executive of the State or by State law and shall be subject to the jurisdiction of the chief executive. Where such agency is not created or designated by State law, it shall be so created or designated by no later than December 31, 1978, The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement and criminal justice agencies, including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime, and shall include representatives of citizens, professional, and community organizations, including organizations directly related to delinquency prevention. "(2) The State planning agency shall include as judicial members, at a minimum, the chief judicial officer or other officer of the court of last resort, the chief judicial administrative officer or other appropriate judicial administrative officer of the State, and a local trial court judicial officer. The local trial court judicial officer and, if the chief judicial officer or chief judicial administrative officer cannot or does not choose to serve, the other judicial members, shall be selected by the chief executive of the State from a list of no less than three nominees for each position submitted by the chief judicial officer of the court of last resort within thirty days after the occurrence of any vacancy in the judicial membership. Additional judicial members of the State planning agency as may be required by the Administration pursuant to section 515(a) of this title shall be appointed by the chief executive of the State from the membership of the judicial planning committee. Any executive committee of a State planning agency shall include in its membership the same proportion of judicial members as the total number of such members bears to the total membership of the State

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90 STAT. 2409

planning agency. The regional planning units within the State shall be comprised of a majority of local elected oificials. State planning agencies which choose to establish regional planning units may utilize the boundaries and organization of existing general purpose regional planning bodies within the State. " (b) The State planning agency shall— "(1) develop, in accordance with part C, a comprehensive statewide plan for the improvement of law enforcement and criminal justice throughout the State; "(2) define, develop, and correlate programs and projects for the State and the units of general local government in the State or combinations of States or units for improvement in law enforcement and criminal justice; "(3) establish priorities for the improvement in law enforcement and criminal justice throughout the State; and " (4) assure the participation of citizens and community organizations at all levels of the planning process. " (c) The court of last resort of each State or a judicial agency Judicial planning authorized on the date of enactment of this subsection by State law to committee, perform such function, provided it has a statutory membership of a majority of court officials (including judges, court administrators, prosecutors, and public defenders) may establish or designate a judicial planning committee for the preparation, development, and revision of an annual State judicial plan. The members of the judicial planning committee shall be appointed by the court of last resort or a judicial agency authorized on the date of enactment of this subsection by State law to perform such function, provided it has a statutory membership of a majority of court officials (including judges, court administrators, prosecutors, and public defenders) and serve at its pleasure. The committee shall be reasonably representative of the various local and State courts of the State, including appellate courts, and shall include a majority of court officials (including judges, court administrators, prosecutors, and public defenders). "(d) The judicial planning committee shall— "(1) establish priorities for the improvement of the courts of the State; "(2) define, develop, and coordinate programs and projects for the improvement of the courts of the State; and "(3) develop, in accordance with part C, an annual State judicial plan for the improvement of the courts of the State to be included in the State comprehensive plan. The judicial planning committee shall submit to the State planning agency its annual State judicial plan for the improvement of the courts of the State. The State planning agency shall incorporate into the comprehensive statewide plan the annual State judicial plan, except to the extent that such State judicial plan fails to meet the requirements o f action 304(b). Post, p. 2414. "(e) If a State court of last resort or a judicial agency authorized on the date of enactment of this subsection by State law to perform such function, provided it has a statutory membership of at least a majority of court officials (including judges, court administrators, prosecutors, and public defenders) does not create or designate a judicial planning committee, or if such committee fails to submit an annual State judicial plan in accordance with this section, the responsibility for preparing and developing such plan shall rest with the State planning agency. The State planning agency shall consult with the judicial planning committee in carrying out functions set forth in this section as they concern the activities of courts and the impact of the activities

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PUBLIC LAW 94-503—OCT. 15, 1976 of courts on related agencies (including prosecutorial and defender services). All requests from the courts of the State for financial assistance shall be received and evaluated by the judicial planning committee for appropriateness and conformity with the purposes of this title. "(f) The State planning agency shall make such arrangements as such agency deems necessary to provide that at least $50,000 of the Federal funds granted to such agency under this part for any fiscal year will be available to the judicial planning committee and at least 40 per centum of the remainder of all Federal funds granted to the State planning agency under this part for any fiscal year will be available to units of general local government or combinations of such units to participate in the formulation of the comprehensive State plan required under this part. The Administration may waive this requirement, in whole or in part, upon a finding that the requirement is inappropriate in view of the respective law enforcement and criminal justice planning responsibilities exercised by the State and its units of general local government and that adherence to the requirement would not contribute to the efficient development of the State plan required under this part. In allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and coordinate functions at the local level. Any portion of such funds made available to the judicial planning committee and such 40 per centum in any State for any fiscal year not required for the purpose set forth in this subsection shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development by it of the State plan required under this part. ''(g) The State planning agency and any other planning organization for the purposes of this title shall hold each meeting open to the public, giving public notice of the time and place of such meeting, and the nature of the business to be transacted, if final action is to be taken at that meeting on (1) the State plan, or (2) any application for funds under this title. The State planning agency and any other planning organization for the purposes of this title shall provide for public access to all records relating to its functions under this title, except such records as are required to be kept confidential by any other provision of local. State, or Federal law.". JUDICIAL P L A N N I N G EXPENSES F U N D I N G

42 USC 3724.

SEC. 106. Section 204 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting "the judicial planning committee and" between the words "by" and "regional" in the first sentence; and by striking out the words "expenses, shall," and inserting in lieu thereof "expenses shall". JUDICIAL P L A N N I N G PROVISION AND REALLOCATION OF CERTAIN

42 USC 3725.

FUNDS

SEC. 107. Section 205 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by— (1) inserting ", the judicial planning committee," immediately after the word "agency" in the first sentence; (2) striking out "$200,000" from the second sentence and inserting in lieu thereof "$250,000"; and (3) inserting the following sentence at the end thereof: "Any unused funds reverting to the Administration shall be available for reallocation under this part among the States as determined by the Administration.".

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90 STAT. 2411

STATE LEGISLATURES

SEC. 108. Part B of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the following new section: "SEC. 206. At the request of the State legislature while in session ^^ USC 3726. or a body designated to act while the legislature is not in session, the comprehensive statewide plan shall be submitted to the legislature for an advisory review prior to its submission to the Administration by the chief executive of the State. In this review the general goals, priorities, and policies that comprise the basis of that plan, including possible conflicts with State statutes or prior legislative Acts, shall be considered. If the legislature or the interim body has not reviewed the plan forty-five days after receipt, such plan shall then be deemed reviewed.". SECTION 3 0 1 AMENDMENTS

SEC. 109. (a) Section 301 of title I of such Act is amended by— 42 USC 3731. (1) inserting immediately after "part" in subsection (a) the following: ", through the provision of Federal technical and financial aid and assistance,"; (2) striking out "Public education relating to crime prevention" from paragraph (3) of subsection (b) and inserting in lieu thereof "Public education programs concerned with law enforcement and criminal justice"; and (3) striking out "and coordination" from paragraph (8) of subsection (b) and inserting in lieu thereof ", coordination, monitoring, and evaluation". (b) Section 301(b) of such Act is amended— (1) by striking out paragraph (6); (2) by redesignating paragraph (7) as paragraph (6); (3) by redesignating paragraphs (8) through (10) as paragraphs (7) through (9), respectively; and (4) by adding at the end the following: "(10) The definition, development, and implementation of Grants, programs and projects designed to improve the functioning of eligibility, courts, prosecutors, defenders, and supporting agencies, reduce and eliminate criminal case backlog, accelerate the processing and disposition of criminal cases, and improve the administration of criminal justice in the courts; the collection and compilation of judicial data and other information on the work of the courts and other agencies that relate to and affect the work of the courts; programs and projects for expediting criminal prosecution and reducing court congestion; revision of court criminal rules and procedural codes within the rulemaking authority of courts or other judicial entities having criminal jurisdiction within the State; the development of uniform sentencing standards for criminal cases; training of judges, court administrators, and support personnel of courts having criminal jurisdiction; support of court technical assistance and support organizations; support of public education programs concerning the administration of criminal justice; and equipping of court facilities. "(11) The development and operation of programs designed to reduce and prevent crime against elderly persons. "(12) The development of programs to identify the special needs of drug-dependent offenders (including alcoholics, alcohol abusers, drug addicts, and drug abusers).

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PUBLIC LAW 94-503—OCT. 15, 1976 "(13) The establishment of early case assessment panels under the authority of the appropriate prosecuting oiScial for any unit of general local government within the State having a population of two hundred and fifty thousand or more to screen and analyze cases as early as possible after the time of the bringing of charges, to determine the feasibility of successful prosecution, and to expedite the prosecution of cases involving repeat offenders and perpetrators of violent crimes. "(14^ The development and operation of crime prevention programs m which members of the community participate, including but not limited to 'block watch' and similar programs.". ADDITIONAL JUDICIAL PARTICIPATION

SEC. 110. Section 302 of the Omnibus Crime Control and Safe Streets 42 USC 3732. Act is amended by inserting " (a) " immediately after "SEC. 302." and by adding at the end the following new subsections: Plan, filing. "(b) Any judicial planning committee established pursuant to this title may file at the end of each fiscal year with the State plamiing agency, for information purposes only, a multiyear comprehensive plan for the improvement of the State court system. Such multiyear comprehensive plan shall be based on the needs of all the courts in the State and on an estimate of funds available to the courts from all Federal, State, and local sources and shall, where appropriate— "(1) provide for the administration of programs and projects contained in the plan; "(2) adequately take into account the needs and problems of all courts in the State and encourage initiatives by the appellate and trial courts in the development of programs and projects for law reform, improvement in the administration of courts and activities within the responsibility of the courts, including bail and pretrial release services and prosecutional and defender services, and provide for an appropriately balanced allocation of funds between the statewide judicial system and other appellate and trial courts; "(3) provide for procedures under which plans and requests for financial assistance from all courts in the State may be submitted annually to the judicial planning committee for evaluation; "(4) incorporate innovations and advanced techniques and contain a comprehensive outline of priorities for the improvement and coordination of all aspects of courts and court programs, including descriptions of (A) general needs and problems; (B) existing systems; (C) available resources; (D) organizational systems and administrative machinery for implementing the plan; (E) the direction, scope, and general types of improvements to be made in the future; and (F) to the maximum extent practicable, the relationship of the plan to other relevant State or local law enforcement and criminal justice plans and systems; "(5) provide for effective utilization of existing facilities and permit and encourage units of general local government to combine or provide for cooperative arrangements with respect to services, facilities, and equipment provided for courts and related purposes; "(6) provide for research, development, and evaluation;

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"(7) set forth policies and procedures designed to assure that Federal funds made available under this title will be so used as not to supplant State or local funds, but to increase the amounts of such funds that would, in the absence of such Federal funds, be made available for the courts; and "(8) provide for such fund accounting, auditing, monitoring, and program evaluation procedures as may be necessary to assure sound fiscal control, effective management, and efficient use of funds received under this title. "(c) Each year, the judicial planning committee shall submit an annual State judicial plan for the funding of programs and projects recommended by such committee to the State planning agency for approval and incorporation, in whole or in part, in accordance with the provisions of section 304(b), into the comprehensive State plan Post, p. 24j4. which is submitted to the Administration pursuant to part B of this title. Such annual State judicial plan shall conform to the purposes of this part,". STATE PLAN REQUIREMENTS

AMENDMENTS

SEC. 111. Section 303 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by— 42 USC 373a. (1) in paragraph (4) of subsection (a), inserting immediately before the semicolon the following: ". Approval of such local comprehensive plan or parts thereof shall result in the award of funds to the units of general local government or combinations thereof to implement the approved parts of their plans, unless the State planning agency finds the implementation of such approved parts of their plan or revision thereof to be inconsistent with the overall State plan"; (2) inserting immediately after "necessary" in paragraph (12) of subsection (a) the following: "to keep such records as the Administration shall prescribe"; (3) striking out "and" after paragraph (14) of subsection (a), striking out the period at the end of paragraph (15) and inserting in lieu thereof "; and", and adding alter paragraph (15) the following: "(16) provide for the development of programs and projects for the prevention of crimes against the elderly, unless the State planning agency makes an affirmative finding in such plan that such a requirement is inappropriate for the State; " (17) provide for the development and, to the maximum extent feasible, implementation of procedures for the evaluation of programs and projects in terms of their success in achieving the ends for which they were intended, their conformity with the purposes and goals of the State plan, and their effectiveness in reducing crime and strengthening law enforcement and criminal justice; and "(18) establish procedures for effective coordination between State planning agencies and single State agencies designated under section 409(e)(1) of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1176(e)(1)) in responding to the needs of drug dependent offenders (including alcoholics, alcohol abusers, drug addicts, and drug abusers)."; (4) striking out subsection (b) and inserting in lieu thereof the following:

9-194 O—78—Dt. 2

60

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 90 STAT. 2414

PUBLIC LAW 94-503—OCT. 15, 1976 "(b) Prior to its approval of any State plan, the Administration shall evaluate its likely effectiveness and impact. No approval shall be given to any State plan unless and until the Administration makes an affirmative finding in writing that such plan reflects a determined effort to improve the quality of law enforcement and criminal justice throughout the State and that, on the basis of the evaluation made by the Administration, such plan is likely to contribute effectively to an improvement of law enforcement and criminal justice in the State and make a significant and effective contribution to the State's efforts to deal with crime. No award of funds that are allocated to the States under this part on the basis of population shall be made with respect to a program or project other than a program or project contained in an approved plan."; (5) inserting in subsection (c) immediately after "unless" the following: "the Administration finds that"; and (6) adding at the end the following new subsection: "(d) In making grants under this part, the Administration and each State planning agency, as the case may be, shall provide an adequate share of funds for the support of improved court programs and projects, including projects relating to prosecutorial and defender services. No approval shall be given to any State plan unless and until the Administration finds that such plan provides an adequate share of funds for court programs (including programs and projects to reduce court congestion and accelerate the processing and disposition of criminal cases). In determining adequate funding, consideration shall be given to (1) the need of the courts to reduce court congestion and backlog; (2) the need to improve the fairness and efficiency of the judicial system; (3) the amount of State and local resources committed to courts; (4) the amount of funds available under this part; (5) the needs of all law enforcement and criminal justice agencies in the State; (6) the goals and priorities of the comprehensive plan; (7) written recommendations made by the judicial planning committee to the Administration; and (8J such other standards as the Administration may deem consistent with this title.". GRANTS TO U N I T S; JUDICIAL PARTICIPATION

42 USC 3734.

42 USC 3731.

Ante, p. 2408.

SEC. 112. Section 304 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: "SEC. 304. (a) State planning agencies shall receive plans or applications for financial assistance from units of general local government and combinations of such units. When a State planning agency determines that such a plan or application is in accordance with the purposes stated in section 301 and in conformance with an existing statewide comprehensive law enforcement plan or revision thereof, the State planning agency is authorized to disburse funds to implement the plan or application. "(b) After consultation with the State planning agency pursuant to subsection (e) of section 203, the judicial planning committee shall transmit the annual State judicial plan approved by it to the State planning agency. Except to the extent that the State planning agency thereafter determines that such plan or part thereof is not in accordance with this title, is not in conformance with, or consistent with, the statewide comprehensive law enforcement and criminal justice plan, or does not conform with the fiscal accountability standards of the State planning agency, the State planning agency shall incorporate such plan or part thereof in the State comprehensive plan to be submitted to the Administration.".

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 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2415

SECTION 30 6 AMENDMENTS

SEC. 113. Section 306 of the Omnibus Crime Control and Safe Streets Grants, funds Act of 1968 is amended by inserting the following between the t h i r d allocation. and fourth sentences of the unnumbered paragraph in subsection (a): 42 USC 3736. " W h e r e a State does not have an adequate forum to enforce g r a n t provisions imposing liability on Indian tribes, the Administration is authorized to waive State liability and may pursue such legal remedies as are necessary.". SECTION 3 0 7

AMENDMENT

SEC. 114. Section 307 of such Act is amended by striking out " and of riots and other violent civil disorders" and inserting in lieu thereof the following " and programs and projects designed to reduce court congestion and backlog and to improve the fairness and efficiency of the judicial system".

Grants, priority programs. 42 USC 3737.

TECHNICAL AMENDMENT

SEC. 115. Section 308 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out "302(b)" and inserting "303" 42 USC 3738. Ante, p. 2413. in lieu thereof. ANTITRUST ENFORCEMENT GRANTS

42 USC 3733.

SEC. 116. Part C of title I of such Act is amended by inserting immediately after section 308 the following new section: " SEC. 309. (a) The Attorney General is authorized to provide assist- 42 USC 3739. ance and make grants to States which have State plans approved under subsection (c) of this section to improve the antitrust enforcement capability of such State. " (b) The attorney general of any State desiring to receive assist- Plan, submittal, ance or a g r a n t under this section shall submit a plan consistent with such basic criteria as the Attorney General may establish under subsection (d) of this section. Such plan shall— " (1) provide for the administration of such plan by the attorney general of such State; " (2) set foith a program for training State officers and employees to improve the antitrust enforcement capability of such State; " (3) establish such fiscal controls and fund accounting procedures as may be necessary to assure proper disposal of and accounting of Federal funds paid to the State including such funds paid by the State to any agency of such State under this section; and " (4) provide for making reasonable reports in such form and containing such information as the Attorney General may reasonably require to carry out his function under this section, and for keeping such records and affording such access thereto as the Attorney General may find necessary to assure the correctness and verification of such reports. " (c) The Attorney General shall approve any State plan and any modification thereof which complies with the provisions of subsection (b) of this section. " (d) As soon as practicable after the date of enactment of this eriteria. section the Attorney General shall, by regulation, prescribe basic criteria for the purpose of establishing equitable distribution of funds received under this section among the States. " (e) Payments under this section shall be made from the allotment to any State which administers a plan approved under this section. Payments to a State under this section may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on

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