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PUBLIC LAW 93-508-DEC. 3, 1974

"§220. Coordination of other Federal programs affecting veterans and their dependents "The Administrator shall seek to achieve the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch and shall seek to achieve the maximum feasible coordination of such programs with programs carried out under this title.". (b) The table of sections at the beginning of chapter.3 of such title is amended by adding

1587 38 USC 220.

"219. Evaluation and d a t a collection. "220. Coordination of other Federal programs affecting veterans and their dependents."

below "218. Standard s of conduct and a r r e s t s for crimes at hospitals, domiciliaries, cemeteries, and other Veterans' Administration reservations.". Outreach servSEC. 214. Subchapter IV of chapter 3 of title 38, United States Code, ices program. is amended as follows: (1) by inserting in section 241 "in carrying out the purposes of 38 USC 241. this subchapter (including the provision, to the maximum feasible extent, of such services, in areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, in the principal language of such persons)" after "outreach services"; (2) by inserting in clause (2) "to eligible veterans and eligible dependents" after "information" the first time it appears; (3) by striking out in section 242(b) "may implement such 38 USC 242. special telephone service" and inserting in lieu thereof "shall establish and carry out all possible programs and services, including special telephone facilities,"; (4) redesignating sections 243 and 244 as 244 and 245, respec- 38 USC 243, tively, and adding the following new section after section 242: 38 USC 243. "§243. Veterans' representatives " (a)(1) Except as otherwise provided in paragraph (4) of this subsection, the Administrator shall assign, with appropriate clerical/secretarial support, to each educational institution (as defined in section 1652(c) except for correspondence schools) where at least five hundred 38 USC 1652. 38 s e 1501, persons are enrolled under chapters 31, 34, 35, and 36 of this title such 1651,u 1700, 1770. number of full-time veterans' representatives as will provide at least one such veterans' representative per each five hundred such persons so enrolled at each such institution; and the Administrator shall also assign to other such veterans' representatives responsibility for carrying out the functions set forth in paragraph (3) of this subsection with respect to groups of institutions with less than five hundred such persons so enrolled, on the basis of such proportion of such veterans' representatives' time to such persons so enrolled as he deems appropriate to be adequate to perform such functions at such institutions. "(2) I n selecting and appointing veterans' representatives under this subsection, preference shall be given to veterans of the Vietnam era with experience in veterans affairs' counseling, outreach, and other related veterans' services. "(3) The functions of such veterans' representatives shall be to— Functions. " (A) answer all inquiries related to Veterans' Administration educational assistance and other benefits, and take all necessary action to resolve such inquiries expeditiously, especially those relating to payments of educational assistance benefits;

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text: Dictionary of National Biography, 1885-1900/Williams, Thomas (1550?-1620?)

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


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20 USC

1070e-l.

38 USC 241.

38 USC 230.

Rules and procedures.

38 USC 3402. Ante,

p. 1587

[88 STAT.

" (B) assure correctness and proper handling of applications, completion of certifications of attendance, and submission of all necessary information (including changes in status or program affecting payments) in support of benefit claims submitted; " (C) maintain active liaison, communication, and cooperation with the officials of the educational institution to which assigned, in order to alert veterans to changes in law and Veterans' Administration policies or procedures; " (D) supervise and expeditiously resolve all difficulties relating to the delivery of advance educational assistance payments authorized under this title; " (E) coordinate Veterans' Administration matters with, and provide appropriate briefings to, all on-campus veterans' groups, working particularly closely with veterans' coordinators at educational institutions receiving veterans' cost-of-instruction payments under section 420 of the Higher Education Act of 1965, as amended (hereinafter referred to as 'V.C.I, institutions'); " (F) provide necessary guidance and support to veteran-student services personnel assigned to the campus under section 1685 of this title; " (G) where such functions are not being adequately carried out by existing programs at such institutions (i) provide appropriate motivational and other counseling to veterans (informing them of all available benefits and services, as provided for under section 241 of this title) and (ii) carry out outieach activities under this subchapter; and " (H) carry out such other activities as may be assigned by the director of the Veterans' Administration regional office, estabj-gj^g^ ^^^^^^ section 230 of this title. "(4) Based on the extent to which the functions set forth in paragraph (3) of this subsection are being adequately carried out at a particular educational institution or in consideration of other factors indicating the inappropriateness of assignment of veterans' representatives to a particular educational institution, the director of the appropriate Veterans' Administration regional office shall, notwithstanding the formula set forth in paragraph (1) of this subsection, either reallocate such veterans' representatives to other educational institutions in such region where he determines that such additional veterans' representatives are necessary, or, with the approval of the chief benefits officer of the Veterans' Administration, assign such veterans' representatives to carry out such functions or related activities at the regional office in question, with special responsibility for one or more than one particular educational institution. " (5) The functions of a veterans' representative assigned under this subsection shall be carried out in such a way as to complement and not interfere with the statutory responsibilities and duties of persons carrying out veterans affairs' functions at V.C.I, institutions. "(b) The Administrator shall establish rules and procedures to guide veterans' representatives in carrying out their functions under this section. Such rules and procedures shall contain provisions directed especially to assuring that the activities of veterans' representatives carried out under this section complement, and do not interfere with, the established responsibilities of representatives recognized by the Administrator under section 3402 of this title."; and (5) amending section 244 (as redesignated by clause (4) of this subsection) of such title by— (A) striking out "may" and inserting in lieu thereof "shall"; and

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STAT.]

PUBLIC LAW 93-508-DEC. 3, 1974

1589;

(B) inserting "and provide for" after "conduct" in paragraph (5). (b) The table of sections at the beginning of such chapter is amended by striking out "243. Utilization of other agencies. "244. Report to Congress." and inserting i n lieu thereof "243. Veterans' representatives. "244. Utilization of other agencies. "245. Report to Congress.".

TITLE III—VETERANS AND DEPENDENTS EDUCATION LOAN PROGRAM SEC. 301, (a) Chapter 36 of title 38, United States Code, is amended by adding at the end thereof the following new subchapter: Subchapter III—Education Loans to Eligible Veterans and Eligible Persons ''§1798. Eligibility for loans; amount and conditions of loans; interest rate on loans " (a) Each eligible veteran and eligible person shall be entitled to a loan under this subchapter in an amount determined under, and subject to the conditions specified in, subsection (b)(1) of this section if the veteran or person satisfies the requirements set forth in subsection (c) of this section. " (b)(1) Subject to paragraph (3) of this subsection, the amount of the loan to which an eligible veteran or eligible person shall be entitled under this subchapter for any academic year shall be equal to the amount needed by such veteran or person to pursue a program of education at the institution at which he is enrolled, as determined under paragraph (2) of this subsection. "(2)(A) The amount needed by a veteran or person to pursue a program of education at an institution for any academic year shall be determined by subtracting (i) the total amount of financial resources (as defined in subparagraph (B) of this paragraph) available to the veteran or person which may be reasonably expected to be expended by such veteran or person for educational purposes in any year from (ii) the actual cost of attendance (as defined in subparagraph (C) of this paragraph) at the institution in which such veteran or person is enrolled. " (B) The term 'total amount of financial resources' of any veteran or person for any year means the total of the following: " (i) The annual adjusted effective income of the veteran or person less Federal income tax paid or payable by such veteran or person with respect to such income. " (ii) The amount of cash assets of the veteran or person, "(iii) The amount of financial assistance received by the veteran or person under the provisions of title IV of the Higher Education Act of 1965, as amended. "(iv) Educational assistance received by the veteran or person under this title other than under this subchapter. " (v) Financial assistance received by the veteran or person under any scholarship or grant program other than those specified in clauses (iii) and (iv). " (C) The term 'actual cost of attendance' means, subject to such regulations as the Administrator may provide, the actual per-student

38-194 O - 76 -18 Pt. 2

38 USC 1798.

" To t a l amount of financial re-

20 USC 1061.

' 'Actual c o s t of attendance."

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 1590

Loan limita tion.

17^10.^^^ ^^^^' Eligibility.

20 USC 1071.

Restrictions.

Defaulted loan.

Death or dis-

duc'harge^''' '^^

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

charges for tuition, fees, room and board (or expenses related to reasonable commuting), books, arid an allowance for such other expenses as the Administrator determines by regulation to be reasonably, related to attendance at the institution at which the veteran or person is enrolled. "(3) The aggregate of the amounts any veteran or person may borrow under this subchapter may not exceed $270 multiplied by the number of months such veteran or person is entitled to receive educational assistance under section 1661 or subchapter II of chapter 35, respectively, of this title, but not in excess of $600 in any one regular academic year. "^c) An eligible veteran or person shall be entitled to a loan under this subchapter if such veteran or pereon— "(1) is in attendance at an educational institution on at least a half-time basis and (A) is enrolled in a course leading to a standard college degree, or (B) is enrolled in a course, the completion of which requires six months or longer, leading to an identified and predetermined professional or vocational objective; "(2) has sought and is unable to obtain a loan, in the full amount needed by such veteran or person, as determined under subsection (b) of this section, under a student loan program insured pursuant to the provisions of part B of title IV of the Higher Education Act of 1965, as amended, or any successor authority; and "(3) enters into an agreement with the Administrator meeting the requirements of subsection (d) of this section. No loan shall be made under this subchapter to an eligible veteran or person pursuing a program of correspondence, flight, apprentice or other on-job, or P R E P training. " (d) Any agreement between the Administrator and a veteran or person under this subchapter— " (1) shall include a note or other written obligation which provides for repayment to the Administrator of the principal amount of, and payment of interest on, the loan in installments over a period beginning nine months after the date on which the borrower ceases to be at least a half-time student and ending ten years and nine months after such date; "(2) shall include provision for acceleration of repayment of all or any part of the loan, without penalty, at the option of the borrower; "(3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, with the concurrence of the Secretary of the Treasury, but at a rate not less than a rate determined by the Secretary, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of loans made under this subchapter, except that no interest shall accrue prior to the beginning date of repayment; and " (4) shall provide that the loan shall be made without security and without endorsement, " (e)(1) Except as provided in paragraph (2) of this subsection, whenever the Administrator determines that a default has occurred on any loan made under this subchapter, he shall declare an overpayment, and such overpayment shall be recovered from the veteran or person concerned in the same manner as any other debt due the United States. " (2) If a veteran or person who has received a loan under this section ^i^s or bccomcs permanently and totally disabled, then the Administrator shall discharge the veteran's or person's liability on such loan by repaying the amount owed on such loan.

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PUBLIC LAW 93-508-DEC. 3, 1974

1591

"(3) The Administrator shall submit to the Committees on Veter- Report i°^^°^ans' Affairs of the Senate and the House of Representatives, not later ^utees"'' than one year after the date of enactment of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and annually thereafter, a sep- Ante, p. 1578. arate report specifying the default experience and default rate at each educational institution along with a comparison of the collective default experience and default rate at all such institutions. 38 USC 1799. "§ 1799. Revolving fund; insurance " (a) There is hereby established in the Treasury of the United minist^rTuon EdStates a revolving fund to be known as the 'Veterans' Administration ucation Loan Education Loan Fund' (hereinafter in this section referred to as the Establishment 'Fund'). "(b) The Fund shall be available to the Administrator, without fiscal year limitation, for the making of loans under this subchapter. Transfer of "(c) There shall be deposited in the Fund (1) by transfer from funds. current and future appropriations for readjustment benefits such amounts as may be necessary to establish and supplement the Fund in order to meet the requirements of the Fund, and (2) all collections of fees and principal and interest (including overpayments declared under section 1798(e) of this title) on loans made under this '^"'^' ^- ^^^^• subchapter. " (d) The Administrator shall determine annually whether there Surplus funds, has developed in the Fund a surplus which, in his judgment, is more than necessary to meet the needs of the Fund, and such surplus, if any, shall be deemed to have been appropriated for readjustment benefits. "(e) A fee shall be collected from each veteran or person obtain- ^''^• ing a loan made under this subchapter for the purpose of insuring against defaults on loans made under this subchapter; and no loan shall be made under this subchapter until the fee payable with respect to such loan has been collected and remitted to the Administrator. The amount of the fee shall be established from time to time by the Administrator, but shall in no event exceed 3 per centum of the total Limitation. loan amount. The amount of the fee may be included in the loan to the veteran or person and paid from the proceeds thereof.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof "SUBCHAPTER III—EDUCATION LOANS T ELIGIBLE VETERANS AND ELIGIBLE PERSONS O

"1798. Eligibility for loans; amount and conditions of loans; interest rate on loans. "1799. Revolving fund; insurance.". SEC. 302. (a) Subchapter IV of chapter 34 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§1686. Education loans "Any eligible veteran shall be entitled to an education loan (if the program of education is pursued in a State) in such amount and on such terms and conditions as provided in sections 1798 and 1799 of this title.".

(b) The table of sections at the beginning of such chapter is amended by inserting "1686. Education loans."

below "1685. Veteran-student services.". SEC. 303. (a) Subchapter IV of chapter 35 of title 38, United States Code, is amended by adding at the end thereof the following new section:

as use lese.

Ante, p. 1589; upra.

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text: The Eurypterida of New York/Volume 2

title: The Eurypterida of New York/Volume 2


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 1592 38 USC 1737

Ante, pp. 1589,

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

«§ 1737. Education loans "Any eligible person shall be entitled to an education loan (if the program of education is pursued in a State) in such amount and on such terms and conditions as provided in sections 1798 and 1799 of this title.". (b) The table of sections at the beginning of such chapter is amended by inserting "1737. Education loans." below "1736. Specialized vocational training courses.". TITLE IV — V E T E R A N S, W IV E S, AND W I D O W S EMPLOYMENT A S S I S T A N C E AND P R E F E R E N C E AND V E T E R ANS' REEMPLOYMENT RIGHTS

e'rTon^"''^^

38 USC 2002. 38 USC 2003.

38 USC 2005.

38 USC 2006. 38 USC 2007.

SEC. 401. Chapter 41 of title 38, United States Code, is amended as follows: (a) Section 2001 is amended by redesignating paragraph (2) as paragraph (3) and adding after paragraph (1) a new paragraph (2) as follows: "(2) the term 'eligible person' means— " (A) the spouse of any person who died of a service-connected disability, " (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or " (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence.". ^i)-) Section 2002 is amended by (1) inserting "and eligible persons" after "eligible veterans" and (2) inserting "and persons" after "such veterans". (c) Section 2003 is amended by— (1) striking out in the first sentence "250,000 veterans" and inserting in lieu thereof "250,000 veterans and eligible persons"; (2) striking out in the fourth sentence "veterans' " and inserting in lieu thereof "veterans' and eligible persons' "; (3) inserting in clauses (1), (2), (4), (5), and (6) of the fifth sentence "and eligible persons" after "eligible veterans" each time the latter term appears in such clauses; (4) inserting in clause (3) of the fifth sentence "or an eligible person's" after "eligible veteran's"; and (5) inserting in clause (4) of the fifth sentence "and persons" after "such A^eterans". (d) Section 2005 is amended by inserting "and eligible persons" after "eligible veterans". ^g^ rpj^g ]^g^ sentcuce of section 2006(a) is amended by striking out "veterans" and inserting in lieu thereof "eligible veterans and eligible persons". (f) Section 2007 is amended by— (1) inserting in subsection (a)(1) "and each eligible person" after "active duty,";

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PUBLIC LAW 93-508-DEC. 3, 1974

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(2) redesignating subsection (b) as subsection (c) and inserting the following new subsection (b): "(b) The Secretary of Labor shall establish definitive performance ^,^^^1°^™^'^'^ standards for determining compliance by the State public employment standard s. service agencies with the provisions of this chapter and chapter 42 of this title. A full report as to the extent and reasons for any noncompli- 38 USC 2011. ance by any such State agency during any fiscal year, together with the agency's plan for corrective action during the succeeding year, shall be included in the annual report of the Secretary of Labor required by subsection (c) of this section."; and (3) striking out in the second sentence of subsection (c) (as redesignated by clause (2) of this subsection) "and other eligible veterans" and inserting in lieu thereof "other eligible veterans, and eligible persons". SEC. 402. Chapter 42 of title 38, United States Code, is amended as follows: (1) by inserting in the first sentence of section 2012(a) "in the Employment amount of $10,000 or more" after "contract" where it first appears, ""'^f' Federal ,

.

,

.

'

,

,

.

,

.

,

^^

,, contracts.

by striking out, m employing persons to carry out such contract, in such sentence, and by striking out "give special emphasis to the employment of" and inserting in lieu thereof "take affirmative action to employ and advance in employment" in such sentence; (2) by striking out in the third sentence of section 2012(a) "The" and inserting in lieu thereof " I n addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the ": and (3) by striking out in the first sentence of section 2012(b) "giving special emphasis in employment to" and inserting in lieu thereof "the employment of". SEC. 403. (a) Chapter 42 of title 38, United States Code, is amended by adding at the end thereof the following new section:

"§ 2014. Employment within the Federal Government

sa use 2012.

38 USC 2014.

" (a) I t is the policy of the United States and the purpose of this section to promote the maximum of employment and job advancement opportunities within the Federal Government for qualified disabled veterans and veterans of the Vietnam era. Veterans read"(b) To further this policy, veterans of the Vietnam era shall be justment appointeligible, in accordance with regulations which the Civil Service Com- ments/eHgibiu'ty. mission shall prescribe, for veterans readjustment appointments up to and including the level GS-5, as specified in subchapter II of chapter 51 of title 5, and subsequent career-conditional appointments, under s use 5332 and the terms and conditions specified in Executive Order Numbered 11521 " 5 USC 3302 (March 26, 1970), except that in applying the one-year period of eligi- "°t^bility specified in section 2(a) of such order to a veteran or disabled veteran who enrolls, within one year following separation from the Armed Forces or following release from hospitalization or treatment immediately following separation from the Armed Forces, in a program of education (as defined in section 1652 of this title) on more Ante, p. 1652. 38 USC 1581. than a half-time basis (as defined in section 1788 of this title), the time 38 USC 1788. spent in such program of education (including customary periods of vacation and permissible absences) shall not be counted. The eligibility of such a veteran for a readjustment appointment shall continue for not less than six months after such veteran first ceases to be enrolled therein on more than a half-time basis. No veterans readjustment Termination appointment may be made under authority of this subsection after June 30, 1978.

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[88 STAT.

"(c) Each department, agency, and instrumentality in the executive branch shall include in its affirmative action plan for the hiring, placement, and advancement of handicapped individuals in such department, agency, or instrumentality as required by section 501(b) of 29 USC 791. Public Law 93-112 (87 Stat. 391), a separate specification of plans (in accordance with regulations which the Civil Service Commission shall prescribe in consultation with the Administrator, the Secretary of Labor, and the Secretary of Health, Education, and Welfare, consistent with the purposes, provisions, and priorities of such Act) to promote and carry out such affirmative action with respect to disabled veterans in order to achieve the purpose of this section. Review and " (d) The Civil Service Commission shall be responsible for the evaluation. review and evaluation of the implementation of this section and the activities of each such department, agency, and instrumentality to iic^^fo°n'^' ^"^" carry out the purpose and provisions of this section. The Commission shall periodically obtain and publish (on at least a semiannual basis) reports on such implementation and activities from each such department, agency, and instrumentality, including specification of the use and extent of appointments made under subsection (b) of this section and the results of the plans required under subsection (c) thereof. Report to Conu/^x rj.^^ ^^-^-j §^^.^^^6 Commission shall submit to the Congress gress. annually a report on activities carried out under this section, except that, with respect to subsection (c) of this section, the Commission may include a report of such activities separately in the report required to be submitted by section 501(d) of such Public Law 93-112, regarding the employment of handicapped individuals by each department, agency, and instrumentality. " V e t e r a n " and "(f) Notwithstanding section 2011 of this title, the terms 'veteran' •disabled vetand 'disabled veteran' as used in this section shall have the meaning provided for under generally applicable civil service law and regulations.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof Disabled vet-

"2014. Employment within the Federal Government".

SEC. 404. (a) Part III of title 38, United States Code, is amended by adding at the end thereof a new chapter as follows: "Chapter 43—Veterans' Remployment Rights "Sec. "2021. Right to reemployment of inducted persons; benefits protected. "2022. Enforcement procedures. "2023. Remployment by the United States, territory, possession, or the District of Columbia. "2024. Rights of persons who enlist or are called to active duty; Reserves. "2025. Assistance in obtaining reemployment. "2026. Prior rights for reemployment. 38 USC 2021.

50 USC app 451.

50 USC app. 459.

•*§2021. Right to reemployment of inducted persons; benefits protected " (a) In the case of any person who is inducted into the Armed Forces of the United States under the Military Selective Service Act (or under any prior or subsequent corresponding law) for training and service and who leaves a position (other than a temporary position) in the employ of any employer in order to perform such training and service, and (1) receives a certificate described in section 9(a) of the Military Selective Service Act (relating to the satisfactory completion of military service), and (2) makes application for reemployment within ninety days after such person is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year—

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PUBLIC LAW 93-508-DEC. 3, 1974

1595

U.S. Government " (A) if such position was in the employ of the United States employment. Government, its territories, or possessions, or political subdivisions thereof, or the District of Columbia, such person shall— "(i) if still qualified to perform the duties of such position, be restored to such position or to a position of like seniority, status, and pay; or "(ii) if not qualified to perform the duties of such position, by reason of disability sustained during such service, but qualified to perform the duties of any other position in the employ of the employer, be offered employment and, if such person so requests, be employed in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case; " (B) if such position was in the employ of a State, or political state or private subdivision thereof, or a private employer, such person shall— employment. "(i) if still qualified to perform the duties of such position, be restored by such employer or his successor in interest to such position or to a position of like seniority, status, and pay; or "(ii) if not qualified to perform the duties of such position, by reason of disability sustained during such service, but qualified to perform the duties of any other position in the employ of such employer or his successor in interest, be offered employment and, if such person so requests, be employed by such employer or his successor in interest in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Nothing in this chapter Noncompliance shall excuse noncompliance with any statute or ordinance of a ° ^^^ °^^''' State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established pursuant to this chapter. " (b)(1) Any person who is restored to or employed in a position in accordance with the provisions of clause (A) or (B) of subsection (a) of this section shall be considered as having been on furlough or leave of absence during such person's period of training and service in the Armed Forces, shall be so restored or reemployed without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces, and shall not be discharged from such position without cause within one year after such restoration or reemployment. "(2) I t is hereby declared to be the sense of the Congress that any status rights. person who is restored to or employed in a position in accordance w ith the provisions of clause (A) or (B) of subsection (a) of this section should be so restored or reemployed in such manner as to give such person such status in his employment as he would have enjoyed if such person had continued in such employment continuously from the time of such person's entering the Armed Forces until the time of such person's restoration to such employment, or reemployment.

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PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

Reserve component members

"(3) Any person who holds a position described in clanse (A) or (B) of subsection (a) of this section shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of a Keserve component of the Armed Forces. state employee. u (^^^ rpj^g rights granted by subsectious (a) and (b) of this section to persons who left the employ of a State or political subdivision thereof and were inducted into the Armed Forces shall not diminish any rights such persons may have pursuant to any statute oi- ordinance of such State or political subdivision establishing greater or additional rights or protections.

38 USC 2022

"§2022. Enforcement procedures

"If any employer, who is a private employer or a State or political subdivision thereof, fails or refuses to comply with the provisions of Ante, p. 1594. gection 2021(a), (b)(1), or (b)(3), or section 2024, the district court Post, p. 1598. of the United States for any district in which such private employer maintains a place of business, or in which such State or political subdivision thereof exercises authority or carries out its functions, shall have the power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of such provisions, specifically to require such employer to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful action. Any such compensation shall be in addition to and shall not be deemed to diminish any of the Hearing. beuefits provided for in such provisions. The court shall order speedy hearing in any such case and shall advance it on the calendar. Upon application to the United States attorney or comparable official for any district in which such private employer maintains a place of business, or in which such State or political subdivision thereof exercises authority or carries out its functions, by any person claiming to be entitled to the benefits provided for in such provisions, such United States attorney or official, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof specifically to require such employer to comply with such provisions. No fees or court costs shall be taxed against any person who may apply for such benefits. In any such action only the employer shall be deemed a necessary party respondent. No State statute of limitations shall apply to any proceedings under this chapter. 38 USC 2023. «§ 2023. Remployment by the United States, territory, possession, or the District of Columbia " (a) Any person who is entitled to be restored to or employed in a position in accordance with the provisions of clause (A) of section Ante, p. 1594. 2021(a) and who was employed, immediately before entering the Armed Forces, by any agency in the executive branch of the Government or by any territory or possession, or political subdivision thereof, or by the District of Columbia, shall be so restored or reemployed by such agency or the successor to its functions, or by such territory, possession, political subdivision, or the District of Columbia. In any case in which, upon appeal of any person who was employed, immediately before entering the Armed Forces, by any agency in the executive branch of the Government or by the District of Columbia, the United States Civil Service Commission finds that—

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 88 STAT. ]

PUBLIC LAW 93-508-DEC. 3, 1974

" (1) such agency is no longer in existence and its functions have not been transferred to any other agency; or "(2) for any reason it is not feasible for such person to be restored to employment by such agency or by the District of Columbia, the Commission shall determine whether or not there is a position in any other agency in the executive branch of the Government or in the government of the District of Columbia for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the Commission determines that there is such a position, such person shall be offered employment and, if such person so requests, be employed in such position by the agency in which such position exists or by the government of the District of Columbia, as the case may be. The Commission is authorized and directed to issue regulations giving full force and effect to the provisions of this section insofar as they relate to persons entitled to be restored to or employed in positions in the executive branch of the Government or in the government of the District of Columbia, including persons entitled to be reemployed under the last sentence of subsection (b) of this section. The agencies in the executive branch of the Government and the government of the District of Columbia shall comply with such rules, regulations, and orders issued by the Commission pursuant to this subsection. The Commission is authorized and directed whenever it finds, upon appeal of the person concerned, that any agency in the executive branch of the Government or the government of the District of Columbia has failed or refuses to comply with the provisions of this section, to issue an order specifically requiring such agency or the government of the District of Columbia to comply with such provisions and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amounts received by such person through other employment, unemployment compensation, or readjustment allowances. Any such compensation ordered to be paid by the Commission shall be in addition to and shall not be deemed to diminish any of the benefits provided for in such provisions, and shall be paid by the head of the agency concerned or by the government of the District of Columbia out of appropriations currently available for salary and expenses of such agency or government, and such appropriations shall be available for such purpose. As used in this chapter, the term 'agency in the executive branch of the Government' means any department, independent establishment, agency, or corporation in the executive branch of the United States Government (including the United States Postal Service and the Postal Rate Commission).

1597<

Regulations.

compliance tTon^for°i^s^s^"^f^' wages,

"Agency in the orthe'covern"''^ ment."

"(b) Any person who is entitled to be restored to or employed in a Restoration to position in accordance with the provisions of clause (A) of section jL^n^^^*^''^ ^°^'" 2021(a), and who was employed, immediately before entering the Ante, p. 1594. Armed Forces, in the legislative branch of the Government, shall be so restored or employed by the officer who appointed such person to the position which such person held immediately before entering the Armed Forces. In any case in which it is not possible for any such Transfer to experson to be restored to or employed in a position in the legislative ^''"""^ position. branch of the Government and such person is otherwise eligible to acquire a status for transfer to a position in the competitive service in accordance with section 3304(c) of title 5, the United States Civil Service Commission shall, upon appeal of such person, determine

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 1598

PUBLIC LAW 93-508-DEC. 3, 1974

[SB STAT.

whether or not there is a position in the executive branch of the Government for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the Commission determines that there is such a position, such person shall be offered employment and, if such person so requests, be employed in such position by the agency in which such position exists. Restoration to u ^^^ ^j^y persou who is entitled to be restored to or employed in a ju icia posi ion. p^gj^j^j^ jj^ accordance with the provisions of clause (A) of section Ante, p. 1594. 2021(a) aud who was employed, immediately before entering the Armed Forces, in the judicial branch of the Government, shall be so restored or reemployed by the officer who appointed such person to the position which such person held immediately before entering the Armed Forces. 38 USC 2024. "§ 2024. Rights of persons who enlist or are called to active duty; Reserves " (a) Any person who, after entering the employment on the basis of which such person claims restoration or reemployment, enlists in the Armed Forces of the United States (other than in a Reserve component) shall be entitled upon release from service under honorable conditions to all of the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions 50 USC app. of the Military Selective Service Act (or prior or subsequent legisla451. tion providing for the involuntary induction of persons into the Armed Forces), if the total of such person's service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise, performed by such person after August 1, 1961, does not exceed five years, and if the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law). " (b)(1) Any person who, after entering the employment on the basis of which such person claims restoration or reemployment, enters upon active duty (other than for the purpose of determining physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon such person's relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided for by this chapter in the case of persons inducted under the provisions of the Military Selective Service Act (or prior or subsequent legislation providing for the involuntary induction of persons into the Armed Forces), if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which such person was unable to obtain orders relieving such person from active duty). "(2) Any member of a Reserve component of the Armed Forces of (he United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order imits of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for

�


text: Dictionary of National Biography, 1885-1900/Williams, Thomas (1668-1740)


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PUBLIC LAW 93-508-DEC. 3, 1974

1599

reemployment rights under subsection (b)(1) of this section extended by such member's period of such active duty, but not to exceed that period of active duty to which the President is authorized to order Additional units of the Ready Reserve or members of a Reserve component. With tive duty. acrespect to a member who voluntarily enters upon active duty or whose active duty is voluntarily extended, the provisions of this subsection shall apply only when such additional active duty is at the request and for the convenience of the Federal Government. "(c) Any member of a Reserve component of the Armed Forces of j.^^'h/^'^ ^""o^ h-the United States who is ordered to an initial period of active duty for training of not less than three consecutive months shall, upon application for reemployment within thirty-one days after (1) such member's release from such active duty for training after satisfactory service, or (2) such member's discharge from hospitalization incident to such active duty for training, or one year after such member's scheduled release from such training, whichever is earlier, be entitled to all reemployment rights and benefits provided by this chapter for persons inducted under the provisions of the Military Selective Service Act (or prior or subsequent legislation providing for the involuntary so use app. induction of persons into the Armed Forces), except that (A) any six-month disperson restored to or employed in a position in accordance with the charge period. provisions of this subsection shall not be discharged from such position without cause within six months after that restoration, and (B) no reemployment rights granted by this subsection shall entitle any person to retention, preference, or displacement lights over any veteran with a superior claim under those provisions of title 5 relating to s use loi et veterans and other preference eligibles. ^^'^' " (d) Any employee not covered by subsection (c) of this section Leave of ab e n c e for active who holds a position described in clause (A) or (B) of section 2021(a) s1"""^"^'"' duty ""^' or inactive shall upon request be granted a leave of absence by such person's t7ainTng^ employer for the period required to perform active duty for training ^"'^' P- 1594. or inactive duty training in the Armed Forces of the United States. Upon such employee's release from a period of such active duty for training or inactive duty training, or upon such employee's discharge from hospitalization incident to that training, such employee shall be permitted to return to such employee's position with such seniority, status, pay, and vacation as such employee would have had if such employee had not been absent for such purposes. Such employee shall report for work at the beginning of the next regularly scheduled working period after expiration of the last calendar day necessary to travel from the place of training to the place of employment following such employee's release, or within a reasonable time thereafter if delayed return is due to factors beyond the employee's control. Failure to report for work at such next regularly scheduled working period shall make the employee subject to the conduct rules of the employer pertaining to explanations and discipline with respect to absence from scheduled work. If such an employee is hospitalized incident to active duty for training or inactive duty training, such employee shall be required to report for work at the beginning of the next regularly scheduled work period after expiration of the time necessary to travel from the place of discharge from hospitalization to the place of employment, or within a reasonable time thereafter if delayed return is due to factors beyond the employee's control, or within one year after such employee's release from active duty for training or inactive duty training, whichever is earlier. If an employee

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 1600

Induction period considered a s leave of absence. Ante, p. 1594.

Active and inactive duty training.

38 USC 2025.

38 USC 2026.

50 USC app. 459. Repeal.

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

covered by this subsection is not qualified to perform the duties of such employee's position by reason of disability sustained during active duty for training or mactive duty training, but is qualified to perform the duties of any other position m the employ of the employer or his successor in interest, such employee shall be offered employment and, if such person so requests, be employed by that employer or his successor in interest in such other position the duties of which such employee is qualified to perform as will provide such employee like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such employee's case. "(e) Any employee not covered by subsection (c) of this section who holds a position described in clause (A) or (B) of section 2021 (a) shall be considered as having been on leave of absence during the period required to report for the purpose of being inducted into, entering, or determining, by a preinduction or other examination, physical fitness to enter the Armed Forces. Upon such employee's rejection, upon completion of such employee's preinduction or other examination, or upon such employee's discharge from hospitalization incident to such rejection or examination, such employee shall be permitted to return to such employee's position in accordance with the provisions of subsection (d) of this section. " (f) For the purposes of subsections (c) and (d) of this section, full-time training or other full-time duty performed by a member of the National Guard under section 316, 503, 504, or 505 of title 32, is considered active duty for training; and for the purpose of subsection (d) of this section, inactive duty training performed by that member under section 502 of title 32 or section 206, 301, 309, 402, or 1002 of title 37, is considered inactive duty training. "§ 2025. Assistance in obtaining reemployment "The Secretary of Labor, through the Office of Veterans' Kemployment Rights, shall render aid in the replacement in their former positions or reemployment of persons who have satisfactorily completed any period of active duty in the Armed Forces or the Public Health Service, I n rendering such aid, the Secretary shall use existing Federal and State agencies engaged in similar or related activities and shall utilize the assistance of volunteers. "§ 2026. Prior rights for reemployment " I n any case in which two or more persons who are entitled to be restored to or employed in a position under the provisions of this chapter or of any other law relating to similar reemployment benefits left the same position in order to enter the Armed Forces, the person who left such position first shall have the prior right to be restored thereto or reemployed on the basis thereof, without prejudice to the reemployment rights of the other person or persons to be restored or reemploved.". (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 adding at the end thereof "43. Veterans' Remployment Rights 2021". SEC. 405. Section 9 of the Military Selective Service Act is amended by(1) repealing subsections (b) through (h); and (2) redesignating subsections (i) and (j) as subsections (b) and (c), respectively.

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PUBLIC LAW 93-508-DEC. 3, 1974

1601

TITLE V—EFFECTIVE DATES SEC. 501. Title I of this Act shall become effective on September 1, ^^^^ ^^'^ *^°^ SEC. 502. Title III of this Act shall become effective on January 1, ^^^^ use i798 1975, except that eligible persons shall, upon application, be entitled (and all such persons shall be notified by the Administrator of Veterans' Affairs of such entitlement) to a loan under the new subchapter III of chapter 36 of title 38, United States Code, as added by section 301 of this Act, the terms of which take into account the ^"'^' P- i^^^full amount of the actual cost of attendance (as defined in section 1798(b)(2)(C) of such title) which such persons incurred for the academic year beginning on or about September 1, 1974. SEC. 503. Titles II and IV of this Act shall become effective on the J^^^^^ ^^^^ date of their enactment. CARL ALBERT

Speaker of the House of

Representatives.

JAMES 0. EASTLAND

President

of the Senate pro tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S., Decembers, 1974. The House of Representatives having proceeded to reconsider the bili (H. R. 12628) entitled "An Act to amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

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 1602

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest. W. P A T

JENNINGS

Clerk. By W. Raymond

Colley

I certify that this Act originated in the House of Representatives.

W. P A T

JENNINGS

Clerk. By W. Raymond

Colley

IN THE SENATE OF THE UNITED STATES, Decembers, 1974. The Senate having proceeded to reconsider the bill (H. R. 12628) entitled "An Act to amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rigjits; and for other purposes", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. V A L E O

Secretary. By Darrell St. Claire Assistant

Secretary

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 88 STAT. ]

PUBLIC LAW 93-509-DEC. 3, 1974

1603

Public Law 93-509 AN ACT

To amend the National Wildlife Refuge System Administration Act of 1966 to require payment of the fair market value of rights-of-way or other interests granted in such areas in connection with such uses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Corigress assembled, That this Act may be cited as the "National Wildlife Refuge System Administration Act Amendments of 1974". SEC. 2. Section 4(d) of the Act of October 15, 1966 (80 Stat. 928, 16 U.S.C. 668dd(d)), is amended— (1) by striking out " (1) " and " (2)" and inserting in lieu thereof " (A) " and " (B) ", respectively; (2) by inserting " (1) " immediately after " (d) "; and (3) by adding at the end thereof the following new paragraph: "(2) Notwithstanding any other provision of law, the Secretary of the Interior may not grant to any Federal, State, or local agency or to any private individual or organization any right-of-way, easement, or reservation in, over, across, through, or under any area within the system in connection with any use permitted by him under paragraph (1)(B) of this subsection unless the grantee pays to the Secretary, at the option of the Secretary, either (A) in lump sum the fair market value (determined by the Secretary as of the date of conveyance to the grantee) of the right-of-way, easement, or reservation; or (B) annually in advance the fair market rental value (determined by the Secretary) of the right-of-way, easement, or reservation. If any Federal, State, or local agency is exempted from such payment by any other provision of Federal law, such agency shall otherwise compensate the Secretary by any other means agreeable to the Secretary, including, but not limited to, making other land available or the loan of equipment or personnel; except that (A) any such compensation shall relate to, and be consistent with, the objectives of the National Wildlife Refuge System, and (B) the Secretary may waive such requirement for compensation if he finds such requirement impracticable or unnecessary. All sums received by the Secretary of the Interior pursuant to this paragraph shall, after payment of any necessary expenses incurred by him in administering this paragraph, be deposited into the Migratory Bird Conservation Fund and shall be available to carry out the provisions for land acquisition of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et seq.).". SEC. 3. Section 4(d)(2) of the Act of October 15, 1966 (as added by this Act), shall apply with respect to any right-of-way, easement, or reservation granted by the Secretary of the Interior on or after the date of the enactment of this Act, includini": any right-of-way, easement, or reservation granted on or after such date in connection with any use permitted by him pursuant to section 4(d)(2) of the Act of October 15, 1966 (as in effect before the date of the enactment of this Act). SEC. 4. That section 401(e) of the Act of January 15, 1935 (16 U.S.C. 7l5s (e)), is amended to read as follows: "(e) Any moneys remaining in the fund after all payments under this section are made for any fiscal year shall be transferred to the Migratory Bird Conservation Fund and shall be available for land acquisition under the provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); except that the funds available for the

December s, 1974 [H. R.17434]

National Wildlife Refuge S y s tem Administration Act Amendments of 1974. 16 USC 668dd note.

Rights-of-way, easements, or reservations, payment of fair market value.

Date of applicability. 16 USC 668dd note.

Transfer of surplus funds.

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 1604 16 USC 710.

PUBLIC LAW 93-510-DEC. 5, 1974

[88 STAT.

management of the National Wildlife Refuge System or for enforcement of the Migratory Bird Treaty Act shall not be diminished by the amendments made to this subsection by the National AVildlife Refuge System Administration Act Amendments of 1974, unless by specific Act of Congress.". Approved December 3, 1974. Public Law 93-510

December s, 1974

[S.2299]

sii°Hfirrt'io!i"^ Act of 1974. 42 USC 4251 note. 42 USC 4 2 5 1.

AN

ACT

rjy^ providc authority to expedite procedures for consideration and approval of projects drawing upon more than one Federal assistance program, to simplify requirements for operation of those projects, and for other purposes. Be it enacted by the Senate and Howe of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Joint Funding Simplification Act of 1974". PURPOSE

SEC. 2. The purpose of this Act is to enable State and local governments and private, nonprofit organizations to use Federal assistance more effectively and efficiently, and to adapt that assistance more readily to their particular needs through the wider use of projects drawing upon resources available from more than one Federal agency, program, or appropriation. I t is the further purpose of this Act to encourage Federal-State arrangements under which local governments and private, nonprofit organizations may more effectively and efficiently combine State and Federal resources in support of projects of common interest to the governments and organizations concerned. BASIC R E S P O N S I B I L I T I E S OF THE P R E S I D E N T AND HEADS OF FEDERAL AGENCIES

42 USC'4°25^2

'^^^" ^' (^) The President shall promulgate such regulations as may be necessary or appropriate to assure that this Act is applied by all Federal agencies in a consistent manner and in accordance with its purposes. He may, for this purpose, require that Federal agencies adopt or prescribe procedures that will assure that applicants for assistance to projects funded pursuant to the provisions of this Act make appropriate efforts (1) to secure the views and recommendations of non-Federal agencies that may be significantly affected by such projects, and (2) to resolve questions of common interest to those agencies prior to submission of any application. (b) Subject to such regulations as the President may prescribe, and to other applicable law, the heads of Federal agencies, by internal agency order or interagency agreement, may takfe the following actions: (1) Identification of related programs likely to be particularly suitable or appropriate for providing joint support for specific kinds of projects thereunder. (2) Development and promulgation of guidelines, model or illustrative projects, joint or common application forms, and other material or guidance to assist in the planning and development of projects drawing support from different programs. (3) Review of administratively established program requirements in order to determine which of those requirements may impede joint support of projects thereunder and the extent to which such requirements may be modified, making such modifica-

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PUBLIC LAW 93-510-DEC. 5, 1974

160$

tions where appropriate. (4) Establishment of common technical or administrative rules with respect to related programs to assist in the joint use of funds in the support of specific projects or classes of projects under such programs. (5) Creation of joint or common application processing and project supervision procedures or mechanisms including procedures for designating lead agencies to assume responsibilities for processing applications on behalf of several agencies and for designation of managing agencies to assume responsibilities for project supervision on behalf of several agencies. (c) The head of each Federal agency shall be responsible for taking actions, to the maximum extent permitted under applicable law, that will further the purpose of this Act with respect to Federal assistance programs administered by his agency. Each Federal agency head shall also consult and cooperate with the heads of other Federal agencies in order similarly to promote the purposes of this Act with respect to Federal assistance programs of different agencies that may be used jointly in support of projects undertaken by State or local governments, or private, nonprofit organizations. APPLICATION

PROCESSING

SEC. 4. Actions taken by Federal agency heads pursuant to this Act that relate to the processing of applications or requests for assistance under two or more Federal programs in support of any project shall be designed to assure, so far as reasonably possible, that (1) all required reviews and approvals are handled expeditiously; (2) full account is taken of any special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly funded project; (3) the applicant is required to deal with a minimum number of Federal representatives, acting separately or as a common board or panel; (4) the applicant is promptly informed of decisions with respect to an application and of any special problems or impediments that may affect the feasibility of Federal provision of assistance on a joint basis; and (5) the applicant is not required by representatives of any one Federal agency or program to obtain information or assurances concerning the requirements or actions of another Federal agency that could more appropriately be secured through direct communication among the Federal agencies involved.

42 USC 4253.

SPECIAL AUl'HORITIES—^BASIC CONDITIONS

SEC. 5. Where appropriate to further the purposes of this Act, and subject to the conditions prescribed in this section, heads of Federal agencies may use the authorities described in sections 6, 7, and 8 (relating to the establishment of uniform technical or administrative requirements, delegation of powers and responsibilities, and establishment of joint management funds) with respect to projects assisted under more than one Federal assistance program. These authorities shall be exercised only pursuant to regulations prescribed by the President. Those regulations shall include criteria or procedures to assure that the authorities are limited in use to problems that cannot be adequately dealt with through other actions pursuant to this Act or other applicable law, that they are applied only as necessary to promote expeditious processing of applications or effective and efficient administration of projects, and that they are applied in a manner consistent with the protection of the Federal interest and with program purposes and statutory requirements.

1QA r» _ 7ft _ 1Q

Dt

''^ use 4254.

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 1606

PUBLIC LAW 93-510-DEC. 5, 1974

[88 STAT.

ESTABLISHMENT OF UNIFORM TECHNICAL O ADMINISTRATIVE R REQUIREMENTS 42 USC 4255.

§£0. 6. (a) iln order to provide for projects that would otherwise be subject to varying or conflicting technical or administrative rules and procedures not required by law, the heads of Federal agencies may adopt uniform provisions with respect to— (1) inconsistent or conflicting requirements relating to financial administration of such projects, including accounting, reporting and auditing, and maintaining separate bank accounts, but only to the extent consistent with the requirements of section 8; (2) inconsistent or conflicting requirements relating to the timing of Federal payments for such projects where a single or combined schedule is to be established for the project as a whole; (3) inconsistent or conflicting requirements that assistance be extended in the form of a grant rather than a contract, or a contract rather than a grant; and (4) inconsistent or conflicting requirements relating to accountability for, or the disposition of, records, property, or structures acquired or constructed with Federal assistance where common rules are established for the project as a whole. (b) In order to permit processing of applications in accordance with the purposes of this Act, Federal agency heads may provide for review of proposals for projects by a single panel, board, or committee in lieu of review by separate panels, boards, or committees except when such review is specifically required by law. (c) In promoting the more effective and efficient use of Federal assistance resources. Federal agency heads may waive requirements that a single or specific public agency be utilized or designated to receive, supervise, or otherwise administer a part of the Federal assistance drawn upon by any jointly funded project to the extent that administration by another public agency is determined to be fully consistent with applicable State or local law and with the objectives of the Federal assistance program involved. This authority may be exercised only (1) upon request of the head of a unit of general government, with respect to agencies that he certifies to be under his jurisdiction, or (2) with the agreement of the several State or local public agencies concerned. DELEGATION OF POWERS

42 USC 4256.

SEC. 7. With the approval of the President, agency heads may delegate to other Federal agencies powers and functions relating to the supervision or administration of Federal assistance, or otherwise arrange for other agencies to perform such activities, with respect to projects or classes of projects funded under the terms of this Act. Delegations under this section shall be made only on such conditions as may be appropriate to assure that the powers and functions delegated are exercised in full conformity with applicable statutory provisions and policies, and shall not relieve agency heads of responsibility for the proper and efficient management of projects funded by their agencies. F U N D I N G A R R A N G E M E N T S AND PROCEDURES

42 USC 4257.

SEC, 8. (a) In order to provide for the more effective administration of funds drawn from more than one Federal program or appropriation in support of projects under this Act, there may be established joint management funds with respect to such projects. There shall be trans-

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 88 STAT.]

PUBLIC LAW 93-510-DEC. 5, 1974

ferred to the joint management fund from each affected program or appropriation, from time to time, its proportionate share of amounts needed for payment to the grantee. Any unexpended amounts shall be returned to the joint management fund by the grantee at the completion of the project. (b) Any account in a joint management fund shall be subject to such agreements, not inconsistent with this section and other applicable law, as may be entered into by the Federal agencies concerned w4th respect to the discharge of the responsibilities of those agencies and shall assure the availability of necessary information to those agencies and to the Congress. These agreements shall also provide that the agency administering a joint management fund shall be responsible and accountable by program and appropriation for the amounts provided for the purposes of each account established in the fund; and shall include procedures for determining, from time to time, whether amounts in the account are in excess of the amounts required, and for returning that excess to the participating Federal agencies according to the applicable appropriations, subject to fiscal year limitations. Excess amounts applicable to expired appropriations will be lapsed from that fund. (c) For each project financed through an account in a joint management fund established pursuant to this section, the recipients of moneys drawn from the fund shall keep such records as the head of the Federal agency responsible for administering the fund will prescribe. Such records shall, as a minimum, fully disclose the amount and disposition by such recipient of Federal assistance received under each program and appropriation, the total cost of the project in connection with which such Federal assistance was given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (d) The head of the Federal agency responsible for administering such joint management fund and the Comptroller General of the United States or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients that are pertinent to the moneys received from such fund. (e) In the case of any project covered in a joint management fund, a single non-Federal share may be established according to the Federal share ratios applicable to the several Federal assistance programs involved and the proportion of funds transferred to the project account from each of those programs.

1607

Recordkeeping.

Audit.

A U X I L I A R Y PROVISIONS

SEC. 9. Appropriations available to any Federal assistance program for technical assistance or the training of personnel may be made available for the provision of technical assistance and training in connection with projects proposed or approved for joint funding involving that program and any other Federal assistance program.

42 USC 4258.

FEDERAL-STATE ASSISTANCE A N D AGREEMENTS

SEC. 10. Subject to such regulations as the President may prescribe. Federal agencies may enter into agreements with States as appropriate to extend the benefits of this Act to projects involving assistance from one or more Federal agencies and one or more State agencies. These agreements may include arrangements for the processing of requests for, or the administration of, assistance to such projects on a joint basis.

Regulations, 42 USC 4259.

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 1608

PUBLIC LAW 93-511-DEC. 5, 1974

[88 STAT.

REPORTING

Report to Con^42 USC 4260.

gj,^^ n ^ ^ least OHe jesiT prior to the expiration of this Act, the President shall submit a comprehensive report to the Congress on actions taken under this Act, and make recommendations for its continuation, modification, or termination. The report shall provide a detailed evaluation of the functioning of this Act, including information regarding the benefits and costs of jointly funded projects accruing to the participating State and local governments and private, nonprofit organizations, and to the Federal Government. DEFINITIONS

42 USC 4261.

25 USC 1452.

g^^^ -^2. A s UScd i u t h i s Act —

(1) the term "Federal assistance programs" means programs that provide assistance through grant or contractual arrangements, but does not include assistance in the form of revenue sharing, loans, loan guarantees, or insurance; (2) the term "applicant" means any State or local government or private, nonprofit organization acting separately or together in seeking assistance with respect to a single project; (3) the term "project" means any undertaking, whether of a temporary or continuing nature that includes components proposed or approved for assistance under more than one Federal program, or one or more Federal and one or more State programs, if each of those components contributes materially to the accomplishment of a single purpose or closely related purposes; (4) the term "Federal agency" means any agency, department, corporation, independent establishment, or other entity of the executive branch of the Government of the United States; (5) the term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, and any tribe as defined in section 3(c) of the Indian Financing Act (88"Stat. 7 7); (6) the term "local government" means a local unit of government including a city, county, parish, town, township, village, school district, council of governments, or other agency or instrumentality of a local unit of government. EFFECTIVE DATE AND EXPIRATION

"^^^use 4251 note.

gEQ_ 13 This Act shall become effective sixty days following the date of enactment, and shall expire five years following the date upon which it becomes effective; except that the expiration of this Act shall not affect the status of any project approved prior to the date of such expiration. Approved December 5, 1974. Public Law 93-511

December 5, 1974 [H. R. 16757]

15 USC 753.

AN ACT rp^ extend the Emergency Petroleum Allocation Act of 1973 until August 31, 1975.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(g) (1) of the Emergency Petroleum Allocation Act of 1973 is amended by striking out "February 28, 1975" wherever it appears, and inserting in lieu thereof "August 31, 1975". Approved December 5, 1974.

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text: Dictionary of National Biography, 1885-1900/Williams, Thomas (1762?-1841)


text:
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PUBLIC LAW 93-512-DEC. 5, 1974

1605

Public Law 93-512 AN ACT

To improve judicial machinery by amending title 28, United States Code, to. broaden and clarify the grounds for judicial disqualification.

Decembers, 1974

. '

^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress CLssembled^ That section 455 Judicial disof title 28, United States Code, is amended to read as follows: ''"^ ^ ^'^^ '°"' bankruptcy " (a) Any justice, judge, magistrate, or referee in bankruptcy of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. "(b) He shall also disqualify himself in the following circumstances: "(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; " (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; " (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; "(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; "(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: "(i) Is a party to the proceeding, or an officer, director, or trustee of a party; "(ii) Is acting as a lawyer in the proceeding; "(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; "(iv) Is to the judge's knowledge likely to be a material witness in the proceeding. " (c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household. " (d) For the purposes of this section the following words or Definitions. phrases shall have the meaning indicated: "(1) 'proceeding' includes pretrial, trial, appellate review, or other stages of litigation; "(2) the degree of relationship is calculated according to the civil law system; "(3) 'fiduciary' includes such relationships as executor, administrator, trustee, and guardian;
 * '§ 455. Disqualification of justice, judge, magistrate, or referee in

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Waiver of dis qualification.

jionappiicabii. 28 USC 455 "°*®'

PUBLIC LAW 93-513-DEC. 6, 1974

[88 STAT.

" (4) 'financial interest' means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that: " (i) Ownership in a mutual or common investment fund that holds securities is not a 'financial interest' in such securities unless the judge participates in the management of the fund; "(ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a 'financial interest' in securities held by the organization; " (iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a 'financial interest' in the organization only if the outcome of the proceeding could substantially affect the value of the interest; "(iv) Ownership of government securities is a 'financial interest' in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. "(e) No justice, judge, magistrate, or referee in bankruptcy shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification." SEC. 2. Item 455 in the analysis of chapter 21 of such title 28 is amended to read as follows: "Disqualification of justice, judge, magistrate, or referee in bankruptcy.". g^,^ 3 rpj^-g ^^^ gj^^jj ^^^ ^^^^^ ^^ ^^^ ^^.^^j ^f ^^^ proceedlug commenced prior to the date of this Act, nor to appellate review of any proceeding which was fully submitted to the reviewing court prior to the date of this Act. Approved December 5, 1974. Public Law 93-513

December 6, 1974

JOINT

RESOLUTION

[s. J. Res. 248] Assuring compensation for damages caused by nuclear incidents involving the nuclear reactor of a United States warship.

42 USC 2210.

Whereas it is vital to the national security to facilitate the ready acceptability of United States nuclear powered warships into friendly foreign ports and harbors; and Whereas the advent of nuclear reactors has led to various efforts throughout the world to develop an appropriate legal regime for compensating those who sustain damages in the event there should be an incident involving the operation of nuclear reactors; and Whereas the United States has been exercising leadership in developing legislative measures designed to assure prompt and equitable compensation in the event a nuclear incident should arise out of the operation of a nuclear reactor by the United States as is evidenced in particular by section 170 of the Atomic Energy Act of 1954, as amended; and

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text: The Eurypterida of New York

title: The Eurypterida of New York


text:
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PUBLIC LAW 93-514-DEC. 6, 1974

1611

Whereas some form of assurance as to the prompt availability of compensation for damage in the unlikely event of a nuclear incident involving the nuclear reactor of a United States warship would, in conjunction with the unparalleled safety record that has been achieved by United States nuclear powered warships in their operation throughout the world, further the effectiveness of such war^ ships: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That it is the policy of. certain nuciea,•

y-^

•

•

•*•

•

i n c 1Q c n t s

the United States that it will pay claims or judgments for bodily payment of injury, death, or damage to or loss of real or personal property proven ments. or judg claims to have resulted from a nuclear incident involving the nuclear reactor 42 USC 2211. of a United States warship: Provided, That the injury, death, damage, or loss was not caused by the act of an armed force engaged in combat or as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct, the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds. Approved December 6, 1974. Public Law 93-514 AN ACT

To provide available nuclear information to committees and Members of Congress.

December 6, 1974 [S.3802;

Be it enacted by the Senate and House of Representatives of the Nuclear United States of America in Congress assembled, That section 202 of mation. inforthe Atomic Energy Act of 1954 is amended by designating the present "Report to eon text subsection "a." and by adding the following as subsection " b. ": e "b. The members of the Joint Committee who are Members of the 42 USC 2252. Senate and the members of the Joint Committee who are Members of the House of Representatives shall, on or before June 30 of each year, report to their respective Houses on the development, use, and control of nuclear energy for the common defense and security and for peaceful purposes. Each report shall provide facts and information available to the Joint Committee concerning nuclear energy which will assist the appropriate committees of the Congress and individual members in the exercise of informed judgment on matters of weaponry; foreign policy; defense; international trade; and in respect to the expenditure and appropriation of Government revenues. Each report shall be presented formally under circumstances which provide for clarification and discussion by the Senate and the House of Representatives. In recognition of the need for public understanding, presentations of the reports shall be made to the maximum extent possible in open sessions and by means of unclassified written materials.". jApproved December 6, 1974.

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PUBLIC LAW 93-515-DEC. 7, 1974

[88 STAT.

Public Law 93-515 December 7, 1974

^^'^' ^'^^J

?.lP- ,.

"^^ ACT

To authorize the District of Columbia to enter into the Interstate Agreement on Qualification of Educational Personnel, and to amend the Practice of Psychology Act and the District of Columbia Unemployment Compensation Act.

,

Educational personnel, i n t e r s t a t e

agreement; psychologists, licenscompensation. ing; unemployment D.C. Code 3 1 1801.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled. •'

^

of the

'

TITLE I — I N T E R S T A T E A G R E E M E N T ON E D U C A T I O N A L P E R S O N N E L

SEC. 101. The Commissioner of the District of Columbia is authorized to enter into and execute on behalf of the District of Columbia an agreement with any State or States legally joining therein in the form substantially as follows: " THE I N T E R S T A T E A G R E E M E N T ON Q U A L I F I C A T I O N OF EDUCATIONAL PERSONNEL " ARTICLE I—Purpose, Findings, and Policy " 1. The States party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. I t is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it, and to authorize specific interstate educational personnel contracts to achieve that end. "2. The party States find that included in the large movement of population among all sections of the Nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources. Participation in this Agreement can increase the availability of educational manpower. " ARTICLE II—Definitions "As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise: " 1, 'Educational personnel' means persons who must meet requirements pursuant to State law as a condition of employment in educational programs. "2. 'Designated State official' means the education official of a State selected by that State to negotiate and enter into, on behalf of his State, contracts pursuant to this Agreement.

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PUBLIC LAW 93-515-DEC. 7, 1974

16.13

"3. 'Accept', or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State. "4. 'State' means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico. "5. 'Originating State' means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III. "6. 'Receiving State' means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III. " ARTICLE III—Interstate Educational Personnel Contracts " 1. The designated State official of a party State may make one or more contracts on behalf of his State with one or more other party States providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the States whose designated State officials enter into it, and the subdivisions of those States, with the same force and effect as if incorporated in this Agreement. A designated State official may enter into a contract pursuant to this Article only with States in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on basis sufficiently comparable, even though not identical to that prevailing in his own State. "2. Any such contract shall provide for: " (a) Its duration. " (b) The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State. "(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards. " (d) Any other necessary mattere. "3. No contract made pursuant to this Agreement shall be for a term longer than five years by any such contract may be renewed for like or lesser periods. "4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating State approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving State of any person qualified because of successful completion of a program prior to January 1, 1954. "5. The certification or other acceptance of a person who has been su^^e"""^""" "^ " accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving State. "6. A contract committee composed of the designated State officials ^^^J^^"^ ^"'^ of the contracting States or their representatives shall keep the con- report. tract under continuous review, study means of improving its adminis-

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PUBLIC LAW 93-515-DEC. 7, 1974

[88 STAT.

tration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting States. " ARTICLE IV—Approved and Accepted Programs " 1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State. "2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract. " ARTICLE V—Interstate Cooperation "The party States agree that: " 1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement. "2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification. " ARTICLE VI—Agreement Evaluation "The designated State officials of any party States may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes. " ARTICLE VII—Other Arrangements "Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel. " ARTICLE VIII—Effect and Withdrawal " 1. This Agreement shall become effective when enacted into law by two States. Thereafter it shall become effective as to any State upon its enactment of this Agreement. "2. Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. "3. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms. " ARTICLE IX—Construction and Severability "This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is

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text: Dictionary of National Biography, 1885-1900/Williams, Thomas (1760-1844)


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/299

 88

STAT.]

PUBLIC LAW 93-515-DEC. 7, 1974

declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any Government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any State participating therein, the Agreement shall remain in full force and effect as to the State affected as to all severable matters." SEC. 102. The "designated State official" for the District of Columbia shall be the Superintendent of Schools of the District of Columbia. The Superintendent shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific text thereof by the Board of Education of the District of Columbia. SEC. 103. True copies of all contracts made on behalf of the District of Columbia pursuant to the Agreement shall be kept on file in the office of the Board of Education of the District of Columbia and in the office of the Commissioner of the District of Columbia. The Superintendent of Schools shall publish all such contracts in convenient form. SEC. 104. As used in the Interstate Agreement on Qualification of Educational Personnel, the term "Governor" when used with reference to the District of Columbia shall mean the Commissioner of the District of Columbia.

1615

"Designated State o f f i c i a l. " D.C. Code 3 1 1802.

D.C, Code 3 1 1803, Publication of contracts. "Governor.' D.C. Code 31-1804.

TITLE II—PRACTICE OF PSYCHOLOGY ACT AMENDMENTS SEC. 201. This title may be cited as the "Practice of Psychology Act Amendments". SEC. 202. The Practice of Psychology Act (84 Stat. 1955) is amended as follows: (1) Subsection (C) of section 13 of such Act (D.C. Code, sec. 2 ^ 9 2 (C)) is amended to read as follows: " (C) Any person aggrieved by a final decision or a final order of the Commissioner under subsection (B) of this section may seek review of such decision or order in the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act.". (2) Subsection (D) of section 13 of such Act (D.C. Code, sec. 2 ^ 9 2 (D)) is amended to read as follows: " (D) In hearings conducted pursuant to subsection (B) of this section, the Commissioner may administer oaths and affirmations, and may require by subpena or otherwise the attendance and testimony of witnesses and the production of such books, records, papers, and documents as he may deem advisable in carrying out his functions under this Act. In the case of contumacy or refusal to obey any such subpena or requirement of this subsection, the Commissioner may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto. Thereupon the court, with or without notice and hearing, as it in its discretion may decide, shall make such order as is proper and may punish as contempt of court any failure to comply with such order.". (3) Section 14 of such Act (D.C. Code, sec. 2-493) is amended by amending the second sentence to read as follows: "Prosecutions shall be conducted in the name of the District of Columbia in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.".

Citation of title. D. C. Code 2481 note. Review.

D.C. Code 11501 note. Subpena power.

Prosecutions.

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