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PUBLIC LAW 93-415-SEPT. 7, 1974

1133

"PART B—DEMONSTRATIONS IN YOUTH DEVELOPMENT

"SEC. 105. (a) For the purpose of assisting the demonstration of innovative approadies to youth development and the prevention and treatment of delinquent behavior (including payment of all or part of the costs of minor remodeling or alteration), the Secretary may make grants to any State (or political subdivision thereof), any agency thereof, and any nonprofit private agency, institution, or organization that submits to the Secretary, at such time and in such form and manner as the Secretary's regulations shall prescribe, an application containing a description of the purposes for which the grant is sought, and assurances satisfactory to the Secretary that the applicant will use the grant for the purposes for which it is provided, and wall comply with such requirements relating to the submission of reports, methods of fiscal accounting, the inspection and audit of records and other materials, and such other rules, regulations, standards, and procedures, as the Secretary may impose to assure the fulfillment of the purposes of this Act. " (b) Xo demonstration may be assisted by a grant under this section for more than one year."

Grants. ^^ ^^^ ^^^^

Limitation.

CONSULTATION

SEC. 402. (a) Section 408 of such Act is amended by adding at the end of subsection (a) thereof the following ncAv subsection: "(b) The Secretary shall consult with the Attorney General for the purpose of coordinating the development and implementation of programs and activities funded under this Act with those related programs and activities funded under the Omnibus Crime Control and Safe Streets Act of 1968"; and by deleting subsection (b) thereof. (b) Section 409 is repealed.

"^^ ^^*^ •^^^^•

42 USC 3701 note. Repeal.

42 USC 3889

REPEAL OF MINIMUM STATE ALLOTMENTS

SEC. 408. Section 403(b) of such Act is repealed, and section 403(a) of such Act is redesignated section 403. EXTENSION

42 USC 3883

OF PROORAM

SEC. 404. Section 402 of such Act, as amended by this Act, is further amended in the first sentence by inserting after "fiscal year" the following: "and such sums as may be necessary for fiscal year 1975". TITLE V—JillSCELLANEOUS AND CONFORMING AMENDMENTS PART A—AMENDMENTS TO THE FEDERAL JUVENILE DELINQUENCY ACT

SEC. 501. Section 5031 of title 18, United States Code, is amended to read as follows: "§ 5031. Definitions "For the purposes of this chapter, a 'juvenile' is a person Avho has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and 'juvenile delinquency' is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult."

42 USC 3882.

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Page:Austen Lady Susan Watson Letters.djvu/13

THE NOVELS AND LETTERS OF

Edited by R. BRIMLEY JOHNSON with an Introduction by PROF. WILLIAM LYON PHELPS, Ph. D. Lampson Professor of English Literature, Yale University.

With Colored Illustrations by C.E. and H.M. BROCK

The House in Hans Place, London.

NEW YORKPHILADELPHIA MCMVI

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


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1178

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PUBLIC LAW 93-415-SEPT. 7, 1974

[88 STAT.

D E I. I N Q U E N C Y PROCEEDINGS I N DISTRICT COURTS

SEC. 502. Section 5032 of title 18, United States Code, is amended to read as follows: criminal prosecution "A juvenile alleged to have committed an act of juvenile delinquency shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to an appropriate district court of the United States that the juvenile court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, or (2) does not have available programs and services adequate for the needs of juveniles. "If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State. "If an alleged juvenile delinquent is not surrendered to the authorities of a State or the District of Columbia pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below. "A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile sixteen years and older alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after hearing, such transfer would be in the interest of justice. "Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile's prior delinquency record; the juvenile's present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile's response to such efforts; the availability of programs designed to treat the juvenile's behavioral problems. "Reasonable notice of the transfer hearing shall be given to the juvenile, his parents, guardian, or custodian and to his counsel. The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings. "Once a juvenile has entered a plea of guilty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred.
 * § 5032. Delinquency proceedings in district courts; transfer for

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 88 STAT. ]

PUBLIC LAW 93-415-SEPT. 7, 1974

1135

"Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions." CUSTODY

SEC. 503. Section 5033 of title 18, United States Code is amended to read as follows: "Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile's parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense. "The juvenile shall be taken before a magistrate forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate." D U T I E S OF
 * §5033. Custody prior to appearance before magistrate

MAGISTRATE

SEC. 504. Section 5034 of title 18, United States Code, is amended to read as follows: "§5034. Duties of magistrate "The magistrate shall insure that the juvenile is represented by ^ ^counse""*'*"" counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate may assign counsel and order the payment of reasonable attorney's fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time. "The magistrate, may appoint a guardian ad litem if a parent or uafdi°a'"'"''^"' '^^ guardian of the juvenile is not present, or if the magistrate has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the interests of the parents or guardian and those of the juvenile are adverse. "If the juvenile has not been discharged before his initial appearance before the magistrate, the magistrate shall release the juvenile to his parents^ guardian, custodian, or other responsible party (including, but not limited to, the director of a shelter-care facility upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate determines, after hearing, at which the juvenile is represented by counsel, that the detention of such juvenile is required to secure his timely appearance before the appropriate court or to insure his safety or that of others." DETENTION

SEC. 505. Section 5035 of this title is amended to read as follows: "§5035. Detention prior to disposition "A juvenile alleged to be delinquent may be detained only in a juvenile facility or such other suitable place as the Attorney General

^^ "^c 5035

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PUBLIC LAW 93-415-SEPT. 7, 1974

[88 STAT.

may designate. Whenever possible, detention shall be in a foster home or community based facility located in or near his home community. The Attorney General shall not cause any juvenile alleged to be delinquent to be detained or confined in any institution in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Insofar as possible, alleged delinquents shall be kept separate from adjudicated delinquents. Every juvenile in custody shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, education, and medical care, including necessary psychiatric, psychological, or other care and treatment." SPEEDY TRIAL

18 USC 5036.

SEC. 506. Section 5036 of this title is amended to read as follows: "§ 5036. Speedy trial "If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorne}^ General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary^ circumstances, an information dismissed under this section may not be reinstituted.'' DISPOSITION

18 USC 5037.

Probation or commitment, term.

Notice and hearing.

SEC. 507. Section 5037 is amended to read as follows: '*§ 5037. Dispositional hearing "(a) If a juvenile is adjudicated delinquent, a sepaiate dispositional hearing shall be held no later than twenty court days after trial unless the court has ordered further study in accordance with subsection (c). Copies of the presentence report shall be provided to the attorneys for both the juvenile and the Government a reasonable time in advance of the hearing. " (b) The court may suspend the adjudication of delinquency or the disposition of the delinquent on such conditions as it deems proper, place him on probation, or commit him to the custody of the Attorney General. Probation, commitment, or commitment in accordance with subsection (c) shall not extend beyond the juvenile's twenty-first birthday or the maximum term which could have been imposed on an adult convicted of the same offense, whichever is sooner, unless the juvenile has attained his nineteenth birthday at the time of disposition, in which case probation, commitment, or commitment in accordance with subsection (c) shall not exceed the lesser of two years or the maximum term which could have been imposed on an adult convicted of the same offense. "(c) If the court desires more detailed information concerning an alleged or adjudicated delinquent, it may commit him, after notice and hearing at which the juvenile is represented by counsel, to the custody of the Attorney General for observation and study by an appropriate agency. Such observation and study shall be conducted on an outpatient basis, unless the court determines that inpatient observation and study are necessary to obtain the desired information. I n the case of an alleged juvenile delinquent, inpatient study may be ordered only

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Rh as a unit, and every man aboard reckons himself a spoke in the wheel, or a cog in the whole machine. Every eye is supposed to be fastened exclusively on the figure of the coxswain, and movements must be wholly regulated by his.

It matters not to the sturdy rowers that a competing boat begins to crawl past them, foot by foot. They are not supposed to know the circumstances, everything being left entirely in the care of the one who is there to guide their destinies.

Against the current of the Harrapin they set themselves, and such was the vigor of their stroke that they seemed to fairly fly upstream.

"Did you ever see such splendid time? The four-oared race wasn't in the same class as this!" cried more than one enthusiastic spectator, as watches were compared after the three boats had vanished around that bend.

Frank's crew consisted for the most part of young athletes who had already distinguished themselves during the season on the baseball diamond, and were instrumental in fetching the coveted pennant to Columbia High.

Roderic Seymour was stroke oar; although he had just graduated from the school he was eligible as a member of the crew, according to the rules and regulations by which the three towns had bound themselves.


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1181

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STAT.]

PUBLIC LAW 93-415-SEPT. 7, 1974

with the consent of the juvenile and his attorney. The agency shall make a complete study of the alleged or adjudicated delinquent to ascertain his personal traits, his capabilities, his background, any previous delinquency or criminal experience, any mental or physical defect, and any other relevant factors. The Attorney General shall submit to the court and the attorneys for the juvenile and the Government the results of the study within thirty days after the commitment of the juvenile, unless the court grants additional time."

1137 study.

J U V E N I L E RECORDS

SEC. 508. Section 5038 is added, to read as follows: "§5038. Use of juvenile records " (a) Throughout the juvenile delinquency proceeding the court shall safeguard the records from disclosure. Upon the completion of any juvenile delinquency proceeding whether or not there is an adjudication the district court shall order the entire file and record of such proceeding sealed. After such sealing, the court shall not release these records except to the extent necessary to meet the following circumstances: " (1) inquiries received from another court of law; "(2) inquiries from an agency preparing a presentence report for another court; " (3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency; "(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court; and " (5) inquiries from an agency considering the person for a position immediately and directly affecting the national security. Unless otherwise authorized by this section, information about the pealed record may not be released wlien the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Kesponses to such inquiries shall not be different from responses made about persons Avho have never been involved in a delinnuency proceeding. " (b) District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights r-elating to the sealing of his juvenile record. "(c) During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the judge, counsel for the juvenile and the government, or others entitled under this section to receive sealed records. " (d) Unless a juvenile who is taken into custody is prosecuted as an adult— "(1) neither the fingerprints nor a photograph shall be taken without the written consent of the judge; and "(2) neither the name nor picture of any juvenile shall be made public by any medium of public information in connection with a juvenile delinquency proceeding."

is use 5038.

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PUBLIC LAW 93-415-SEPT, 7, 1974

[88 STAT.

COMMITMENT

18 USC 5039.

SEC. 509. Section 5039 is added, to read as follows: "§5039. Commitment "No juvenile committed to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. "Every juvenile who has been committed shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including necessary psychiatric, psychological, or other care and treatment. "Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community." SUPPORT

SEC. 510. Section 5040 is added, to read as follows: 18 USC 5040. "§ 5040. Support Contract author"The Attomcy Geueral may contract with any public or private ^' agency or individual and such community-based facilities as halfway houses and foster homes for the observation and study and the custody Regulations. .^j-^^j ^.^^.^ ^f juvcniles lu his custody. For these purposes, the Attorney General may promulgate such regulations as are necessary and may use the appropriation for 'support of United States prisoners' or such other appropriations as he may designate." PAROLE

18 USC 5041.

SEC. 511. Section 5041 is added to read as follows: "§ 5041. Parole "The Board of Parole shall release from custody, on such conditions as it deems necessary, each juvenile delin({uent who has been committed, as soon as the Board is satisfied that he is likely to remain at liberty without violating the law and when such release would be in the interest of justice." REVOCATION

18 USC 5042. Notice and hearing.

SEC. 512. Section 5042 is added to read as follows: "§5042. Revocation of parole or probation "Any juvenile parolee or probationer shall be accorded notice and a hearing with counsel before his parole or probation can be revoked." SEC. 513. The table of sections of chapter 403 of this title is amended to read as follows: "Sec. "5031. Definitions. "5032. Delinquency proceedings in district courts; transfer for criminal prosecution. "5033. Custody prior to appearance before magistrate. "5034. Duties of magistrate. "5035. Detention prior to disposition. "5036. Speedy trial. "5037. Dispositional hearing. "5038. Use of juvenile records. "5039. Commitment. "5040. Support. "5041. Parole. "5042. Revocation of parole or probation.".

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 STAT. ]

PUBLIC LAW 93-415-SEPT. 7, 1974

1139

PART B — N A T I O N A L INSTITUTE or CORRECTIONS

SEC. 521. Title 18, United States Code, is amended by adding a new chapter 319 to read as follows: ' ' C H A P T E R 319.—NATIONAL INSTITUTE O F CORRECTIONS Establishment. "SEC. 4351. (a) There is hereby established within the Bureau of 18 USC 4351. Prisons a National Institute of Corrections. " (b) The overall policy and operations of the National Institute of Corrections shall be under the supervision of an Advisory Board. The Membership. Board shall consist of sixteen members. The following six individuals shall serve as members of the Commission ex officio: the Director of the Federal Bureau of Prisons or his designee, the Administrator of the Law Enforcement Assistance Administration or his designee, Chairman of the United States Parole Board or his designee, the Director of the Federal Judicial Center or his designee, the Deputy Assistant Administrator for the National Institute for Juvenile Justice and Delinquency Prevention or his designee, and the Assistant Secretary for Human Development of the Department of Health, Education, and Welfare or his designee. "(c) The remaining ten members of the Board shall be selected as follows: " (1) Five shall be appointed initially by the Attorney General of the United States for staggered terms; one member shall serve for one year, one member for two years, and three members for three years. Upon the expiration of each member's term, the Attorney General shall appoint successors who will each serve for a term of three years. Each member selected shall be qualified as a practitioner (Federal, State, or local) in the field of corrections, probation, or parole. "(2) Five shall be appointed initially by the Attorney General of the United States for staggered terms, one member shall serve for one year, three members for two years, and one member for three years." Upon the expiration of each member's term the Attorney General shall appoint successors who will each vServe for a term of three years. Each member selected shall be from the private sector, such as business, labor, and education, having demonstrated an active interest in corrections, probation, or parole. " (d) The members of the Board shall not, by reason of such mem- Compensation bership, be deemed officers or employees of the United States. Members for e x p e n s e s. of the Commission Avho are full-time officers or employees of the United States shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Board. Other members of the Board shall, Avhile attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Commission pursuant to this title, be entitled to receive compensation at the rate not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United States Code, including travel- 5 USC 5332 time, and while away from their homes or regular places of business note. may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. Chairman and " (e) The Board shall elect a chairman from among its members who vice-chairman. shall serve for a term of one year. The members of the Board shall also elect one or more members as a vice-chairman.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1184

 1140 Appointment of

PUBLIC LAW 93-415-SEPT. 7, 1974

[88 STAT.

u^f^ ry^^^ BoRTci is authorized to appoint, without regard to the committees. civil service laws, technical, or other advisory committees to advise the Institute with respect to the administration of this title as it deems appropriate. Member-s of these conmiittees not otherwise employed by the United States, while engaged in advising the Institute or attending meetings of the committees, shall be entitled to receive compensation at the rate fixed by the Board but not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United 5 USC 5332 States Code, and while away from their homes or regular places of note business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. " (g) The Board is authorized to delegate its powers under this title to such persons as it deems appropriate. i^i'"*^c'°'"' " (h) The Institute shall be under the supervision of an oliicer to be known as the Director, who shall be appointed by the Attorney General after consultation with the Board. The Director shall have authority to supervise the organization, employees, enrollees, financial affairs, and all other operations of the Institute and nuiy employ such staff, faculty, and administrative personnel, subject to the civil service and classification laws, as are necessary to the functioning of the Institute. The Director shall have the power to acquire and hold real and personal property for the Institute and may receive gifts, donations, and trusts on behalf of the Institute. The Director shall also have the powder to appoint such technical or other advisory councils comprised of consultants to guide and advise the Board. The Director is authorized to delegate his powers under this title to such persons as he deems appropriate. Additional au"SEC. 4352. (a) In addition to the other powers, express and implied, 18 USC 4352. t^he National Institute of Corrections shall have authority— "(1) to receive from or make grants to and enter into contracts with Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out the purposes of this chapter; "(2) to serve as a clearinghouse and information center for the collection, preparation, and dissemination of information on corrections, including, but not limited to, programs for prevention of crime and recidivism, training of corrections personnel, and rehabilitation and treatment of criminal and juvenile offenders; "(3) to assist and serve in a consulting capacity to Federal, State, and local courts, departments, and agencies in the development, maintenance, and coordination of programs, facilities, and services, training, treatment, and rehabilitation with respect to criminal and juvenile offenders; "(4) to encourage and assist Federal, State, and local government programs and services, and programs and services of other public and private agencies, institutions, and organizations in their efforts to develop and implement improved corrections programs; "(5) to devise and conduct, in various geographical locations, seminars, workshops, and training programs for law enforcement officers, judges, and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons, including lay ex-offenders, and paraprofessional personnel, connected with the treatment and rehabilitation of criminal and juvenile offenders;

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 ':imw^amf: 88 STAT.]

PUBLIC LAW 93-415-SEPT. 7, 1974

"(6) to develop technical training teams to aid in the development of seminars, workshops, and training programs within the several States and with the State and local agencies which work with prisoners, parolees, probationers, and other offenders; "(7) to conduct, encourage, and coordinate research relating to corrections, including the causes, prevention, diagnosis, and treatment of criminal offenders; "(8) to formulate and disseminate correctional policy, goals, standards, and recommendations for Federal, State, and local correctional agencies, organizations, institutions, and personnel; "(9) to conduct evaluation programs which study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve the corrections system; "(10) to receive from any Federal department or agency such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions. Each such department or agency is authorized to cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information to the Institute; "(11) to arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; "(12) to confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, or individuals; "(13) to enter into contracts with public or private agencies, organizations, or individuals, for the performance of any of the functions of the Institute; and "(14) to procure the services of experts and consultants in accordance with section 3109 of title 5 of the United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5 of the United States Code. "(b) The Institute shall on or before the 31st day of December of each year submit an annual report for the preceding fiscal year to the President and to the Congress. The report shall include a comprehensive and detailed report of the Institute's operations, activities, financial condition, and accomplishments under this title and may include such recommendations related to corrections as the Institute deems appropriate. "(c) Each recipient of assistance under this shall keep such records as the Institute shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as w411 facilitate an effective audit. " (d) The Institute, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for purposes of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. "(e) The provision of this section shall apply to all recipients of assistance under this title, whether by direct grant or contract from the Institute or by subgrant or subcontract from primary grantees or contractors of the Institute. "SEC. 4353. There is hereby authorized to be appropriated such funds as may be required to carry out the purposes of this chapter."

38-194 O - 76 - 75 Pt. 1

uu

Contracts.

E x p e r t s and consultants.

5 USC 5332 note. Annual report to P r e s i d e n t and Congress.

Recordkeeping.

D2U i;'.

Appropriation. 18 USC 4353.

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 1142

PUBLIC LAW 93-415-SEPT. 7, 1974 PART C

42 USC 3723.

42 USC 3733.

Ante, p. 1119. 42 USC 3768. Ante, p. 1129.

CONFORMING AMENDMENTS

541. (a) The section titled "DECLARATION AND PURPOSE" in title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended by inserting immediately after the second paragraph thereof the following new paragraph: "Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss in human life, personal security, and wasted human resources, and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency.". (b) Such section is further amended by adding at the end thereof the following new paragraph: " I t is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination to (1) develop and implement effective methods of preventing and reducing juvenile delinquency; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile justice and delinquency prevention.". SEC. 542. The third sentence of section 203(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended to read as follows: "The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement and criminal justice agencies including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime, and shall include representatives of citizens, professional, and community organizations including organizations directly related to delinquency prevention.". SEC. 543. Section 303(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after the first sentence the following: " I n order to receive formula grants under the Juvenile Justice and Delinquency Prevention Act of 1974 a State shall submit a plan for carrying out the purposes of that Act in accordance ^^j^j^ |.j^jg gection and section 223 of that Act.". SEC. 544. Section 520 of title I of the Omnibus Crime Control and g^fc Streets Act of 1968 is amended by (1) inserting " (a) " after "SEC. 520." and (2) by inserting at the end thereof the following: " (b) In addition to the funds appropriated under section 261(a) fyf ^}^g Juvcnilc Justice and Delinquency Prevention Act of 1974, the Administration shall expend from other Law Enforcement Assistance Administration appropriations, other than the appropriations for administration, at least the same level of financial assistance for juvenile delinquency programs as was expended by the Administration during fiscal year 1972.". SEC. 545. Part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the following new sections: SEC,

42 USC 3701.

[88 STAT.

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 88 STAT. ]

PUBLIC LAW 93-416-SEPT. 7, 1974

IU3

"SEC. 526. The Administrator is authorized to accept and employ, '^^ ^^^ ^'^'^^• in carrying out the provisions of this Act, voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)). "SEC. 527. All programs concerned with juvenile delinquency and ^^ use 3773. administered by the Administration shall be administered or subject to the policy direction of the office established by section 201(a) of the Juvenile Justice and Delinquency Prevention Act of 1974. '^"'^' P- ^^^^• "SEC. 528. (a) The Administrator is authorized to select, employ, '^^ use 3774. and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him and to prescribe their functions. " (b) Notwithstanding the provisions of section 5108 of title 5, United States Code, and without prejudice with respect to the number of positions otherwise placed in the Administration under such section 5108, the Administrator may place three positions in GS-16, GS-17, and GS-18 under section 5332 of such title 5." ^ ^ u s c 533 2 note. Approved September 7, 1974. Public Law 93-416 AN ACT

September 7, 1974

To amend chapter 81 of subpart G of title 5, United States Code, relating to compensation for work injuries, and for other purposes.

[H.R. 13871]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Federal empioy8101(1) of title 5, United States Code (hereinafter referred to as the ^^work injuries, "Act"), is amended by inserting "and" after the semicolon on sub- compensation. ' section E ( i v) and adding a new paragraph (F) as follows: " (F) an individual selected pursuant to chapter 121 of title 28, United States Code, and serving as a petit or grand juror and 28 USC isei, who is otherwise an employee for the purposes of this subchapter as defined by paragraphs (A), (B), (C), (D), and (E) of this subsection.". (b) Section 8101(2) of the Act is amended by inserting ", podia- s use sioi. trists, dentists, clinical psychologists, optometrists, chiropractors," after "surgeons", and adding after the words "State law" a period, and the following: "The term 'physician' includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary". (c) Section 8101(3) of the Act is amended by inserting "podiatrists, dentists, clinical psychologists, optometrists, chiropractors," after "supplies by", and by inserting before the semicolon ". Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary".

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1188

 1144

PUBLIC LAW 93-416-SEPT. 7, 1974

5 USC 8101.

Definitions.

5 USC 8103.

5

use

8104.

5

use

8106.

5 USC 8105, 8110.

C ompensation sch e d u l e. 5 USC 8107.

[88 STAT.

^^^ Section 8101(5) of the Act is amended by inserting before the semicolon ", and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services". (g) Section 8101(11) of the Act is amended to read as follows: "(11) 'widower' means the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion;", (f) Section 8101 of the Act is amended by adding at the end thereof the following new paragraphs: "(20) 'organ' means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back; and "(21) 'United States medical officers and hospitals' includes medical officers and hospitals of the Army, Navy, Air Force, Veterans' Administration, and United States Public Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor." (g) Section 8101(1)(D) is amended by deleting the word "and" after the semicolon. SEC. 2. (a) Section 8103(a)(3) of the Act is amended to read as follows: "(3) by or on the order of United States medical officers and hospitals, or, at the employee's option, by or on order of physicians and hospitals designated or approved by the Secretary. The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund.'' SEC. 3. Section 8104 of the Act is amended by inserting " (a) " before "The" at the beginning thereof, and adding at the end thereof the following new subsection: " (b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in sections 8105 and 8110 of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation." SEC. 4. Section 8107(a) of the Act is amended to read as follows: " (a) If there is permanent disability involving the loss, or loss of use, or a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as

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text:
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 {| width="100%"
 * - valign="top"
 * 1872 || Van Beneden, M. E. On the Systematic Position of the King Crabs and Trilobites. Ann. & Mag. Nat. Hist. ser. 4, 9:98
 * - valign="top"
 * 1874 || von Alth, Al. Ueber die palaeozoischen Gebilde Podoliens. Abhandl. k. k. geol. Reichsanst. Bd. 7
 * - valign="top"
 * 1875 || Grote, Aug. R., & Pitt, W. H. Description of a New Crustacean from the Water Lime Group at Buffalo. Buffalo Soc. Nat. Sci. Bul. 3:1
 * - valign="top"
 * 1875 || —————— On New Species of Eusarcus and Pterygotus from the Water Lime Group at Buffalo. Buffalo Soc. Nat. Sci. Bul. 3:17
 * - valign="top"
 * 1877 || Etheridge, R., jr. On the Remains of a Large Crustacean, probably indicative of a New Species of Eurypterus, or Allied Genus (Eurypterus ? Stevensoni) from the Lower Carboniferous shales (Cement-stone Group) of Berwickshire. Geol. Soc. Quar. Jour. 33:223
 * - valign="top"
 * 1877 || Hall, C. E. Contributions to Palaeontology from the Museum of the Second Geological Survey. American Philosophical Soc. Proc. 16:621
 * - valign="top"
 * 1878 || Grote, A. R., & Pitt, W. H. New Specimen from the Water Lime Group at Buffalo, N. Y. American Ass'n Adv. Sci. Proc. 26:300
 * - valign="top"
 * 1878 || Agassiz, Alexander. Note on the habits of Young Limulus. American Jour. Sci. ser. 3, 15:75
 * - valign="top"
 * 1880 || Balfour, Francis M. A Treatise on Comparative Embryology, v. 1
 * - valign="top"
 * 1881 || Lankester, E. Ray. Limulus an Arachnid? Micr. Sci. Quar. Jour. n. s. 21:609
 * - valign="top"
 * 1881 || Pohlman, Julius. On Certain Fossils of the Water-lime Group near Buffalo. Buffalo Soc. Nat. Sci. Bul. v. 4, art. 3, p. 17
 * - valign="top"
 * 1881 || Mansfield, J. F. Note on Eurypterus from the Darlington Shales, Penn. American Philosophical Soc. Proc. 19:352
 * - valign="top"
 * 1882 || Peach, B. N. Further Researches among Crustacea and Arachnida. Roy. Soc. Edinburgh Trans. v. 30
 * - valign="top"
 * 1882 || Martin, D. L. A New Eurypterid from the Catskill Group. N. Y. Acad. Sci. Trans. 2:8
 * - valign="top"
 * 1882 || Packard, A. S., jr. On the Homologies of the Crustacean Limb. American Naturalist, p. 785
 * - valign="top"
 * 1882 || Pohlman, Julius. Additional Notes on the Fauna of the Water-lime Group near Buffalo. Buffalo Soc. Nat. Sci. Bul. v. 4, art. 8, p. 41
 * - valign="top"
 * 1882 || Walcott, C. D. Notice of the Discovery of a Poecilopod in the Utica Slate Formation. American Jour. Sci. 23:151
 * - valign="top"
 * 1882 || Whitfield, R. P. Description of New Species of Fossils from Ohio, etc. N. Y. Acad. Sci. Ann. 2:196
 * }


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1189

 88 STAT.]

PUBLIC LAW 9 3 - 4 1 6 - S E P T. 7, 1974

1145

provided by the schedule in subsection (c) of this section, at the rate of 66% percent of his monthly pay. The basic compensation is— "(1) payable regardless of whether the cause of the disability originates in a p a i t of the body other than that member; "(2) payable regardless of whether the disability also involves another impairment of the body; and " (3) in addition to compensation for temporary total or temporary partial disability." SEC. 5. Section 8107(c) of the Act is amended by adding at the end thereof the following new subparagraph: " (22) P^or permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks' compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule." SEC. 6. Section 8110(a)(2) of the Act is amended to read as follows: compen"?tron! "(2) a husband, if— s use suo. " (A) he is a member of the same household as the employee; or " (B) he is receiving regular contributions from the employee for his support; or " (C) the employee has been ordered by a court to contribute to his support;". SEC. 7. (a) Section 8111(a) of the Act is amended by striking out s use s i n. "$300" and inserting in lieu thereof "$500". (b) Section 8111(b) of the Act is amended by striking out "$100" and inserting "$200". SEC. 8. (a) Section 8113 of the Act is amended by striking out ^ "sc s i u. subsection (b) and redesignating subsection (c) as subsection (b), (b) Section 8143(a)(2) of the Act is amended by striking out s use 8i43. ", (b)". SEC. 9. (a) Section 8116(a) of the Act is amended by striking out 5 USC 8116. the word "and" in clause (1), striking out the period after clause (2) and inserting in lieu thereof a semicolon, and by inserting the following two clauses immediately after clause (2): "(3) otheV benefits administered by the Veterans' Administration unless such benefits are payable for the same injury or the same death; and "(4) retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services, subject to the reduction of such pay in accordance with section 5532(b) of title 5, United States Code." (b) The amendment made by this section shall be effective with Effective date. 5 USC 8116 respect to disability or death occurring before or after the date of note. enactment of this Act and without regard to any election under section 8116(b) of the Act; but no payment shall be made by reason of such ^ ^^^ ^^^^^ amendment for any period prior to the date of enactment of this Act. SEC. 10. Section 8117 of the Act is amended by striking out -21 ^ J^["P°"'^ '^'^" days'' and inserting in lieu thereof "14 days". " s use snv. " SEC. U. Section 8118 of the Act is amended to read as follows: s use si is.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1190

 1146

PUBLIC LAW 93-416-SEPT. 7, 1974

[88 STAT.

"§ 8118. Continuation of pay; election to use annual or sick leave " (a) The United States shall authorize the continuation of pay Ante, p. 1143. of an employee, as defined in section 8101(1) of this title (other than those referred to in clause (B) or (E)), who has filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within the Post, p. 1147. time specified in section 8122(a)'(2) of this title. •' (b) Continuation of pay under this subchapter shall be furnished— "(1) without a break in time unless controverted under regulations of the Secretary; "(2) for a period not to exceed 45 days; and "(3) under accounting procedures and such other regulations as the Secretary may require. "(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does Ante, p. 1145. not begin, and the time periods specified by section 8117 of this title do not begin to run, until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends. " (d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of section 5584 of title 5, United States Code. "(e) Payments under this section shall not be considered as com5 USC 8101. pensation as defined by section 8101(12) of this title." 5 USC 8119. gj,^^ ^2. (a) Section 8119 of the Act is amended to read as follows: "§ 8119. Notice of injury or death "An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in section 8133 of this title, or someone on his belialf. A notice of injury or death shall— " (a) be given within 30 days after the injury or death; " (b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed; "(c) be in writing; " (d) state the name and address of the employee; "(e) state the year, month, day, and hour when and the particular locality where the injury' or death occurred; " (f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and " (g) be signed by and contain the address of the individual giving the notice." (b) The table of contents of chapter 81 of the Act is amended by striking out "8119. Notice of injury; failure to give." and inserting in lieu thereof "8119. Notice of injury or death.".

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text: Author:Emanuel Joseph Ristori

title: Author:Emanuel Joseph Ristori


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1191

 88 STAT. ]

PUBLIC LAW 93-416-SEPT. 7, 1974

1147

SEC. 13. Section 8121(3) of the Act is amended by striking out s use 8121. "furnished" and inserting "approved" in lieu thereof. SEC. 14. Section 8122 of the Act is amended as follows: deaJrc^aims°' (1) Strike subsection (a) of section 8122 and insert in lieu thereof nitng deadiiine. the following: 5 USC si22. " (a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless— "(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or "(2) written notice of injury or death as specified in section 8119 of this title was given within 30 days." ^"^^' P- ii'*^(2) Strike subsection (c) of section 8122 and insert in lieu thereof the following: "(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury." (3) Subsection (d) of section 8122 is amended by changing the reference to subsection " (a) - (c) " to subsections "(a) and (b)", by striking out the period at the end thereof and inserting "; or", and by adding at the end thereof the following new clause: "(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances." SEC. 15. Section 8132 of the Act is amended to read as follows: ^ use si32. "§ 8132. Adjustment after recovery from a third person "If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States." SEC. 16. (a) Subsections (a) and (b) of section 8133 of the Act ^J^^^^l'l" compenare amended to read as follows: 5 USC si 33.

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Page:Boys of Columbia High on the River.djvu/144

132 Besides this sturdy rower there were seven others, and each one capable of filling the position he occupied. They came in the following order:

"Lanky" Wallace, Paul Bird, Jack Comfort, "Chatz" McGregor, Launcelot Jones, Ben Allison, "Crackers" Smith.

When the turn of the river shut out all view of the race from the great crowds clustered about the home stake, their enthusiasm naturally waned for the time being. They wanted to reserve their wind for the time when the boats would once more shoot into view; and every minute was a tremendous strain to the faithful adherents of the several schools.

Which crew would be leading when once more a glimpse could be had of a shell? It was a question that just then overshadowed in the minds of those boys all national subjects. A Babel of voices attested to the fact that disputes were many, although, as a rule, these were good-natured enough.

But while the shouting near the railroad bridge may have slackened, the ears of the contestants had no rest. All along the road were posted squads of wild lookers-on, who took up the refrain, and madly


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1192

 1148

PUBLIC LAW 93-416-SEPT. 7, 1974

[88 STAT.

" (a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: " (1) To the widow or widower, if there is no child, 50 percent. "(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. "(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of T5 percent, divided among the children share and share alike. "(4) To the parents, if there is no widow, widower, or child, as follows: " (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; " (B) 20 percent to each if both were wholly dependent; or " (C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. " (5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent as follows: " (A) 20 percent if one was wholly dependent on the employee at the time of death; " (B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or " (C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, or child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent. " (b) The compensation payable under subsection (a) of this section is paid from the time of death until— "(1) a widow, or widower dies or remarries before reaching age 60; "(2) a child, a brother, a sister, or a grandchild dies, marries, or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or "(3) a parent or grandparent dies, marries, or ceases to be dependent. Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined Ante, p. 1143. j^y section 8101 of thls title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. A widow or widower who has entitlements to benefits under this title

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1193

 STAT. ]

PUBLIC LAW 93-416-SEPT. 7, 1974

derived from more than one husband or wife shall elect one entitlement to be utilized." (b) Section 8'13o(b) of the Act is amended by inserting after "On remarriage" the following: "before reaching age 60". SEC. 17. Section 8133(e)(1) of the Act is amended to read as follows: "(1) the monthly pay computed under section 8114 of this title, except for increases authorized by section 8146a of this title; or". SEC. 18. Section 8133 of the Act is amended by adding at the end thereof the following new subsection: "(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of section 8101(1) of this title for reimbursement of the costs of termination of the decedent's status as an employee of the United States." SEC. 19. Section 8135(a)(1) of the Act is amended by striking out "$5" and inserting in lieu thereof "$50". SEC. 20. The last two sentences of subsection (a) of section 8135 of the Act are amended to read as follows: "The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded." SEC, 21. Section 8146a of the Act is amended by striking "third" from subsection (a) and by striking subsection (b) and inserting in lieu thereof tl e following: " (b) The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1." SEC. 22. Subchapter I of chapter 81 of the Act is amended by adding the following new section: "§ 8151. Civil service retention rights " (a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service. " (b) Under regulations issued by the Civil Service Commission— "(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and

1149

5 USC

8135.

5 USC 5 USC

8133. 8114.

Infra. Supra.

5 USC 8134. Ante,

p. 1 143.

Lump- sum pay» ments. 5 USC 8135.

Cost-of-livinf; adjustments. 5 USC 8146a.

5 USC 8151,

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text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1194

 1150

Repeal.

PUBLIC LA^iy 93-416-SEPT. 7, 1974

[88 STAT.

"(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency." (c) Section 3315a of title 5, United States Code, is repealed upon the effective date of this section. SEC. 23. (a) The table of contents of chapter 81 of the Act is amended by the addition of the following: "8151. Civil service retention rigtits.".

5 USC 8142.

Ante, p. 1149.

50 USC app. 2001 note.

5 USC 8147.

Study. 5 USC 8101 note.

Ante, p. 1145.

Report to Congress.

(b) Section 8142(c)(2) of the Act is amended by adding after "Title 22" the phrase ", or a volunteer with one or more minor children as defined in section 2504 of title 22,". SEC. 24. Section 8146a of the Act is amended by adding at the end thereof the following new subsection: " (c) This section shall be applicable to persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966 (Public Law 89-488) under the following statutes: Act of February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84-955 (August 3, 1956); Public Law 77-784 (December 2, 1942); Public Law 84-879 (August 1, 1956); Public Law 80-896 (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit payments to these persons shall initially be increased by the total percentage of the increases in the price index from the base month of July 1966, to the next most recent base month following the effective date of this subsection." SEC. 25. Section 8147 of the Act is amended by adding after the first comma in subsection (c) the following: "the United States Postal Service, or". SEC. 26. Section 8147(a) of the Act is amended by striking out "Bureau of the Budget" and inserting in lieu thereof "Office of Management and Budget". SEC. 27. The Secretary of Labor shall conduct a study of the provisions of the Act and the programs thereunder, which shall include, but is not necessarily limited to— (1) such hearings, research, and other activities as the Secretary of Labor deems necessary in order to enable him to formulate a ppropriate recommendations, (2) specific examination of the need of granting the Secretary of Labor the authority to increase the allowance for services of attendants under section 8111(a) of the Act above the maximum amount fixed under such section where exceptional circumstances exist, (3) an examination and evaluation of the effectiveness of the Act, and (4) reconunendations regarding survivor benefits. The Secretary of Labor shall report the results of such study, together with his findings and recommendations, to the Congress not later than 12 months after the dat« of the enactment of this Act.

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Page:Aesthetic Papers.djvu/202

192 part; and they are commonly treated by it as enemies. A wise man will only be useful as a man, and will not submit to be "clay," and "stop a hole to keep the wind away," but leave that office to his dust at least:—

He who gives himself entirely to his fellow-men appears to them useless and selfish; but he who gives himself partially to them is pronounced a benefactor and philanthropist.

How does it become a man to behave toward this American government to-day? I answer that he cannot without disgrace be associated with it. I cannot for an instant recognize that political organization as my government which is the slave's government also.

All men recognize the right of revolution; that is, the right to refuse allegiance to and to resist the government, when its tyranny or its inefficiency are great and unendurable. But almost all say that such is not the case now. But such was the case, they think, in the Revolution of '75. If one were to tell me that this was a bad government because it taxed certain foreign commodities brought to its ports, it is most probable that I should not make an ado about it, for I can do without them: all machines have their friction; and possibly this does enough good to counterbalance the evil. At any rate, it is a great evil to make a stir about it. But when the friction comes to have its machine, and oppression and robbery are organized, I say, let us not have such a machine any longer. In other words, when a sixth of the population of a nation which has undertaken to be the refuge of liberty are slaves, and a whole country is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize. What makes this duty the more urgent is the fact, that the country so overrun is not our own, but ours is the invading army.

Paley, a common authority with many on moral questions, in his chapter on the "Duty of Submission to Civil

title: Page:Aesthetic Papers.djvu/202


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1195

 88 STAT, ]

PUBLIC LAW 93-418-SEPT. 18, 1974

1151

SEC. 28. (a) Except as otherwise provided by this section this Act f ysc^sioi^*'^" shall take effect on the date of enactment and be applicable to any note. injury or death occurring on or after such effective date. The amendments made by sections 1(b) and (c), 2, 3, 7 (a) and (b), 8 (a) and (b), 9,16 (a) and (b), 17,19,20, 21, 22,24, and 25 shall be applicable to cases where the injury or death occurred prior to the date of enactment but the provisions of these sections shall be applicable only to a period beginning on or after the date of enactment. (b) Section 11 of this Act shall become effective 60 days from ^^^.^^'^ ^'^® enactment and be applicable to any injury occurring on or after such effective date. Approved September 7, 1974. Public Law 93-417 AN ACT

September 17, 1974

To authorize the Secretary of State to prescribe the fee for execution of an application for a passport and to continue to transfer to the United States Postal Service the execution fee for each application accepted by that Service.

[H. R. 15172]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of June 4, 1920 (22 U.S.C. 214), is amended to read as follows: "SECTION 1. There shall be collected and paid into the Treasury of the United States quarterly a fee of $10 for each passport issued and a fee in an amount prescribed by the Secretary of State by regulation for executing each application for a passport. Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal-Service the execution fee for each application accepted by that Service. No passport fee shall be collected from an officer or employee of the United States proceeding abroad in the discharge of official duties, or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American flag-vessel; or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member. No execution fee shall be collected for an application made before a Federal official by a person excused from payment of the passport fee under this section.". Approved September 17, 1974.

secretary of Pa^ssport fees.

Public Law 93-418 JOINT RESOLUTION

September 18, 1974

Authorizing the President to proclaim the period of September 15, 1974, through [H. J. Res. 1070] October 15, 1974, as "Johnny Horizon '76 Clean Up America Month".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby, Johnny Horizon authorized and requested to issue a proclamation designating the A^meH«Month. period of September 15, 1974, through October 15, 1974, as "Johnny Designation Horizon '76 Clean U p America Month", and calling upon the people ^"'hori^ation. of the United States to observe such period with appropriate activities. Approved September 18, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1196

 1152

PUBLIC LAW 93-419-SEPT. 19, 1974

[88

STAT.

Public Law 93-419 AN ACT September 19, 1974 [H. R. 15406] To amend title 37, United States Code, to refine the procedvires for in m i l i t a r y compensation, and for other purposes.

Uniformed services. Compensation adjustments. " Regular comp e n s a t i o n " and " regular military compensation (RMC)."

B a s i c pay rates.

In fra.

Basic subsistence a l l o w a n c e. 37 USC 402.

Repeal.

B a s i c quarters allowance. 37 USC 4 0 3.

37 USC 1009.

5 USC 5332 note.

Supra, S upra, Supra.

adjustments

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That chapter 1 of title 37, United States Code, is amended by amending section 101 as follows: "(25) 'regular compensation' or 'regular military compensation ( R M C) ' means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for quarters, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax." SEC. 2. Chapter 3 of title 37, United States Code, is amended by amending section 203(a) to read as follows: " (a) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title." SEC. 3. Chapter 7 of title 37, United States Code, is amended as follows: (1) By amending section 402(a) to read as follows: " (a) Except as otherwise provided by law, each member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for subsistence as set forth in this section." (2) By amending the fourth sentence of section 402(b) to read as follows: "The allowance for an enlisted member who is authorized to receive the basic allowance for subsistence under this subsection is at the rate prescribed in accordance with section 1009 of this title." (3) By amending the first sentence of section 402(c) to read as follows: "An officer of a uniformed service who is entitled to basic pay is, at all times, entitled to the basic allowance for subsistence at the monthly rate prescribed in accordance with section 1009 of this title." (4) By repealing section 402(d). (5) By redesignating section 402(e) as section 402(d), and section 402(f) as section 402(e). (6) By amending section 403(a) to read as follows: " (a) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the monthly rates prescribed in accordance with section 1009 of this title, according to the pay grade in which he is assigned or distributed for basic pay purposes." SEC. 4. Chapter 19 of title 37, United States Code, is amended by adding the following new section after section 1008 and inserting a corresponding item in the chapter analysis: "§ 1009. Adjustments of compensation "(a) Whenever the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5, United States Code, is adjusted upward, the President shall immediately make an upward adjustment in the— "(1) monthly basic pay authorized members of the uniformed services by section 203(a) of this title; "(2) basic allowance for subsistence authorized enlisted members and officers by section 402 of this title; and "(3) basic allowance for quarters authorized members of the uniformed services by section 403(a) of this title.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1197

 88 STAT. ]

PUBLIC LAW 93-420-S[':Pl\ 19, 1974

1153

"(b) An adjustment under this section shall have the force and effect of law and shall— "(1) carry the same effective date as that applying to the 5 u compensation adjustments provided General Schedule employees; note. s e 5332 "(2) be based on the rates of the various elements of compensation as defined in, or made under, section 8 of the Act of December 16, 1967 (Public Law 90-207; 81 Stat. 654), section Infra. 402 or 403 of this title, or this section; and ^"t^' P- 1152. "(3) provide all eligible members with an increase in each element of compensation, set forth in subsection (a) of this section, which is of the same percentage as the overall average percentage increase in the General Schedule rates of basic pay for civilian employees." 37 SEC. 5. Until the effective date of the first upward adjustment in note. u s e 1009 the rates of monthly basic pay for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of ^"^' P- 52. this Act, the rates of monthly basic pay for member-s of the uniformed services authorized by section 203(a) of that title are those prescribed Ante, p 1152. by Executive Order 11740 of October 3, 1973, which became effective 37 USC 203 note. on October 1, 1973. 37 SEC. 6. Until the effective date of the first upward adjustment in the note. u s e 1009 rates of basic allowance for subsistence for enlisted members and officers made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act, the rates prescribed under section 402 of title 37, United States Code, as it existed on the date before the effective date of this Act, shall continue in effect. SEC. 7. Until the effective date of the first adjustment in the rates of ^^ ^^'^ '°°^ basic allowance for quarters for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act, the rates of basic allowance for quarters prescribed in section 403 (a) of title 37, United States Code, as it existed on the day before the effective date of this Act, shall continue in effect. SEC. 8. Section 8 of the Act of December 16, 1967 (Public Law Repeal. 90-207; 81 Stat. 654), is repealed. notl."^"' ' ° ' SEC. 9. This Act is effective upon enactment. Effective date. .

1 „

,

Approved September 19, 1974.

37 USC 1009

note.

Public Law 93-420 AN ACT To amend the Act of October 13, 1972.

September 19, 1974 J^^-^^^^J

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of eommission on October 13, 1972 (86 Stat. 807) is amended as follows: ?ederireour?Ap. (a) Section (2) of section 6 of such Act is amended by striking out peiiate system. "fifteen months" and inserting in lieu thereof "twenty-four months". ^^ "^*^ ^^ ^°^^(b) Section 7 of such Act is amended by striking out "not more than $270,000" and inserting in lieu thereof "not more than $606,000". Approved September 19, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1198

 1154

PUBLIC LAW 93-421-SEPT. 19, 1974

[88 STAT.

Public Law 93-421 September 19, 1974 [H. R. 13267]

Guam. Fire control, watershed protection and reforestation. Federal assistance. 48 USC 14210.

Appropriation. 48 USC 1421P.

AN ACT To authorize Federal agricultural assistance to Guam for certain purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That the Secretary of Agriculture is authorized to provide financial and technical assistance to (juam for improving fire control, watershed protection and reforestation, consistent with existing laws, administered by the Secretary of Agriculture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere. SEC. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Sums appropriated in pursuance of this Act may be allocated to such agencies of the Department as are concerned with the administration of the program in Guam. Approved September 19, 1974. Public Law 93-422

September21, 1974 [H. R. 9456]

Alcohol and Drug Abuse Education Act Amendments of 1974. 21 USC 1001 note. 21 USC 1001 note. 21 USC 1001.

AN ACT To extend the Drug Abuse Education Act of 1970 for three years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Alcohol and Drug Abuse Education Act Amendments of 1974". SEC. 2. (a) Section 1 of the Drug Abuse Education Act of 1970 (21 U.S.C. 1001) is amended to read as follows: "This Act may be cited as the 'Alcohol and Drug Abuse Education Act'.". (b) Section 2 of such Act is amended to read as follows: "SEC. 2. (a) The Congress hereby finds and declares that drug and alcohol abuse diminishes the strength and vitality of the people of our Nation; that an increasing number of substances, both legal and illegal, are being abused by increasing numbers of individuals; that abuse of any substance is complex human behavior which is influenced by many forces, including school, family, church, community, media, and peer groups; and that prevention and early intervention in such behavior require cooperation and coordination among all of these elements in strategies designed to respond to carefully defined problems. "(b) I t is the purpose of this Act to encourage the development of new and improved curricula on the problems of drug abuse; to demonstrate the use of such curricula in model educational programs and to evaluate the effectiveness thereof; to disseminate curricular materials and significant information for use in educational programs throughout the Nation; to provide training programs for teachers, counselors, law enforcement officials, and other public service and community leaders; and to offer community education programs for parents and others, on drug abuse problems.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1199

 88 STAT. ]

PUBLIC LAW 93-422-SEPT. 21, 1974

"(c) I t is further the purpose of this Act to provide leadership to schools and other institutions in the community by supporting projects to identify, evaluate, demonstrate, and disseminate effective strategies for prevention and early intervention and to provide training and technical assistance to schools and other segments of the community in adapting such strategies to identified local needs." (c) Section 3 of such Act is amended to read as follows:

1155

21 USC 1002.

"ALCOHOL AND DRUG ABUSE EDUCATION PROJECTS

"SEC. 3. (a) The Commissioner of Education shall carry out a Grants and program of making grants to, and contracts with institutions of ^ higher education. State and local educational agencies, and public and private education or community agencies, institutions, and organizations to support and evaluate demonstration projects, to encourage the establishment of such projects throughout the Nation, to train educational and community pereonnel, and to provide technical assistance in program development. I n carrying out such program, the Commissioner of Education shall give priority to school based programs and projects. "(b) Funds appropriated for grants and contracts under this Act shall be available for activities, including bilingual activities, such as— "(1) projects for the development, testing, evaluation, and dissemination of exemplary materials for use in elementary, secondary, adult, and community education programs, and for training in the selection and use of such materials; "(2) comprehensive demonstration programs which focus on the causes of drug and alcohol abuse rather than on the symptoms; which include both schools and the communities within which the schools are located; which emphasizes the affective as well as the cognitive approach; which reflect the specialized needs of communities; and which include, in planning and development, school personnel, the target population, community representation, and parents; "(3) creative primary prevention and early intervention programs in schools, utilizing an interdisciplinary 'school team' approach, developing in educational personnel and students skills in planning and conducting comprehensive prevention programs which include such activities as training drug and alcohol education specialists and group leaders, peer group and individual counseling, and student involvement in intellectual, cultural, and social alternatives to drug and alcohol abuse; "(4) preservice and inservice training programs on drug and Training proalcohol abuse prevention for teachers, counselors, and other edu- grams. cational personnel, law enforcement officials, and other public service and community leaders and personnel; "(6) community education programs on drug and alcohol abuse, especially for parents and others in the community; " (6) programs or projects to recruit, train, organize, and employ professionals and other persons, including former drug and alcohol abusers and former drug- and alcohol-dependent persons, to organize and participate in programs of public education in drug and alcohol abuse; and

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1200

 1156

PUBLIC LAW 93-422-SEPT. 21, 1974

Local educafinancialTs^'sistance.

. assiTtance'r^e-""^ quirements.

Reports and records.

Applications, submittal and

provai.

ap-

[88 STAT.

"(7) projects for the dissemination of valid and effective school and community drug and alcohol abuse educational programs. " (c) l u addition to the purposes described in subsection (b) of this section, fuuds iu au amount not to exceed 10 per centum of the sums appropriated to carry out this Act may be made available for the payment.of reasonable and necessary expenses of State educational agencies for assisting local educational agencies in the planning, development, and implementation of drug and alcohol abuse education programs, including such projects as— " (1) inservice training of education personnel, "(2) technical assistance to local school districts, "(3) creative leadership in programing for indigenous minorities, and "(4) training of peer counselors. " (d)(1) Fiuauclal asslstancc under this section may be made only upon application at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary, and only if such application— " (A) provides that activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; " (B) provides for carrying out one or more projects or programs eligible for assistance under subsections (b) and (c) of this section and provides for such methods of administration as are necessary for the proper and efficient operation of such projects or programs; " (C) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in subsections (b) and (c) of this section, and in no case supplant such funds; and " (D) pTovidcs for making such reports, in such form and containing such information, as the Commissioner may reasonably require, and for keeping such records and affording such access thereto as the Commissioner may find necessary to assure to correctness and verification of such reports. "(2) Au application from a local education agency for financial •, '

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J_-

I

I

I

J

.

I

/

^

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assistance under this section may be approved by the Commissioner only after the applicant has submitted the application to the State educational agency. The State educational agency shall, not more than thirty days after the date of receipt of the application, submit to the Secretary in writing its comments on the application. A copy of such comments shall be submitted at the same time to the applicant. "(3) Amendments of applications shall, except as the Commissioner c amended appiitions. may otherwise provide by or pursuant to regulation, be subject to the requirements set forth in subsections (d)(1) and (d)(2). "(e)(1) The Commissioner may use funds in an amount not exceeding 1 per centum of the funds appropriated to carry out this section for a fiscal year for independent analysis and evaluation of the effectiveness of the drug and alcohol abuse education programs assisted under this section. "(^) '^^^® Commissioner shall, not later than March 31 of each g r^^^°Il}°f°J!' e s s i o n a l committees. calendar year, submit an evaluation report to the House and Senate Committees on Appropriations, the House Committee on Education and Labor, and the Senate Committee on Labor and Public Welfare. Such report shall—

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1201

 88 STAT. ]

PUBLIC LAW 93.422-SEPT. 21, 1974

1157

" (A) contain the agency's statement of specific and detailed objectives for the program or programs assisted under the provisions of this Act, and relate these objectives to those in the Act, " (B) include statements of the agency's conclusions as to effectiveness of the program or programs in meeting the stated objectives, measured through the end of the preceding fiscal year, " (C) make recommendations with respect to any changes or additional legislative action deemed necessary or desirable in carrying out the program or programs, " (D) contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations, and " (E) contain the agency's annual evaluation plan for the program or programs through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of the Budget and Accounting Act of 1921 (31 U.S.C. 11).

Appropriation

" (f) There are authorized to be appropriated to carry out the purposes of this section $26,000,000 for the fiscal year ending June 30, 1975, $30,000,000 for the fiscal year ending June 30, 1976, and $34,000,000 for the fiscal year ending June 30, 1977. Not less than 60 per centum of the amount appropriated for a fiscal year under this section shall be used for drug and alcohol abuse education programs and projects in elementary and secondary schools." (d) Section 4 of such Act is amended to read as follows: Recordkeeping. "SEC. 4. (a) Each recipient of Federal assistance under this Act, pursuant to grants, subgrants, contracts, subcontracts, loans, or other arrangements, entered into other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Commissioner shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. " (b) The Secretary and the Comptroller General of the United Records, acStates or any of their duly authorized representatives, shall, until the '"''^^^^^^'•^yexpiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, subgrants, contracts, subcontracts, loans, or other arrangements referred to in subsection (a). " (e) Section 5 of such Act is amended by striking out "drug abuse" ^i use 1004. each time it appears and inserting in lieu thereof "drug and alcohol abuse". (f) Section 8 of such Act is amended— 21 USC 1007. (1) by redesignating subsection (b) as subsection (c); and (2) by adding after subsection (a) the following new subsection: "(b) The term 'Commissioner' means the Commissioner of "CommisEduCation.".

Approvea September 21, 1974.

sioner.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1202

 1158

PUBLIC LAW 93-423-SEPT. 27, 1974

[88 STAT.

Public Law 93-423 September 27, 1974 [H. R, 1 4 8 8 3 ]

Public works program. Extension. 42 USC 3135.

Health project grants. 42 USC 3132.

Supra,

Area eligibility. 42 USC 3161.

42 USC 3161 note. Supra.

Supra. L o a n s, extension. 42 USC 3141.

Loans for redevelopment areas. 42 USC 3142.

AN ACT 'fo amend the Public Works and Economic Development Act of 1965 to extend the authorizations for a 2-year period, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That the first sentence of section 105 of the Public Works and Economic Development Act of 1965, as amended, is amended by striking the period at the end thereof and inserting a comma and the following: "not to exceed $200,000,000 for the fiscal year ending June 30, 1975, and not to exceed $250,000,000 for the fiscafyear ending June 30, 1976.". The final sentence of section 105 of such Act, as amended, is amended by inserting immediately after the words "and June 30, 1974," the following: "and not less than 10 per centum nor more than 35 per centum of all appropriations made for the fiscal years ending June 30, 1975 and June 30, 1976,". SEC. 2. Section 102 of the Public Works and Economic Development Act of 1965, as amended, is amended to read as follows: "SEC. 102. For each of the fiscal years ending June 30, 1975, and June 30, 1976, not to exceed $30,000,000 of the funds authorized to be appropriated under section 105 of this Act for each such fiscal year shall be available for grants for operation of any health project funded under this title after the date of enactment of this section. Such grants may be made up to 100 per centum of the estimated cost of the first fiscal year of operation, and up to 100 per centum of the deficit in funds available for operation of the facility during the second fiscal year of operation. No grant shall be made for the second fiscal year of operation of any facility unless the agency operating such facility has adopted a plan satisfactory to the Secretary of Health, Education, and Welfare, providing for the funding of operations on a permanent basis. Any grant under this section shall be made upon the condition that the operation of the facility will be conducted under efficient management practices designed to obviate operating deficits, as determined by the Secretary of Health, Education, and Welfare." SEC. 3. (a) Title IV of such Act is amended— (1) by adding the following new paragraph at the end of section 401ra): "(8) those areas which the Secretary of Labor determines, on the basis of average annual available unemployment statistics, were areas of substantial unemployment during the preceding calendar year."; and (2) by striking out the period at the end of section 401(a)(7) and inserting in lieu thereof a semicolon. (b) Any area of substantial unemployment so designated under authority of section 102 of title I of the Public Works and Economic Development Act of 1965 which has not had such designation terminated before the date of enactment of this section shall be deemed for the purposes of such Act to be such an area designated under section 401(a)(8) of such Act. SEC. 4. (a) Section 201(c) of such Act, as amended, is amended by striking out the period at the end and inserting in lieu thereof ", and shall not exceed $75,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976.". (b) Section 202 of such Act, as amended, is amended— (1) by striking all of subsection (a) and inserting in lieu thereof the following new subsection: "SEC. 202. (a)(1) The Secretary is authorized to aid in financing, within a redevelopment area, the purchase or development of land and

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Page:Boys of Columbia High on the River.djvu/145

Rh chanted in unison the various school yells, until one would think that Bedlam had broken loose.

Half way up to the island Columbia High seemed to be holding her own, with Clifford pressing close at her side, and Bellport lingering just in the rear, ready to push ahead at the least sign of a break.

Frank was holding his men in reserve to some extent. He knew the stamina of that Clifford team. They had the reputation of being tremendous finishers. It was the furious rush of that last half mile that he dreaded; and all because of Jonsey, the weak spoke in the wheel.

The island loomed up ahead. Scores of Clifford people had taken up their stations on it, so as to witness the turn. They knew everybody could not be at the finish, and preferred half a loaf to no bread.

"Get out the way there with those boats! Do you want to have an accident?"

It was Coach Willoughby roaring through his megaphone, and his voice carried like a fog horn signal. A number of pleasure boats had clustered about the upper end of the island, and unless they made a hasty move it was possible that one of the contestants might collide with a rowboat or a launch.

Immediately there was a scurrying. Boats fled to the right and left.

"Pull in closer to the shore, you fellows! Quick now!"