72 Stat. 1170; Ante, p. 1094. 38 USC 1501. (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out: "41. Job Counseling and Employment Placement Service for Vet erans and inserting "41. Job Counseling, Training, and Placement Service for Vet 2001" 2001" SEC. 503. (a) Part III of title 38, United States Code, is amended by adding at the end thereof a new chapter as follows: "Chapter 42.-EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS 86 STAT. 1097 86 STAT. 1098 "Sec. "2011. Definitions. “2012. Veterans' employment emphasis under Federal contracts. "2013. Eligibility requirements for veterans under certain Federal manpower training programs. "§ 2011. Definitions "As used in this chapter "(1) The term 'disabled veteran' means a person entitled to disability compensation under laws administered by the Veterans' Administration for a disability rated at 30 per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. "(2) The term 'veteran of the Vietnam era' means a person (A) who (i) served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and was discharged or released there from with other than a dishonorable discharge, or (ii) was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era, and (B) who was so discharged or released within the 48 months preceding his application for employment covered under this chapter. "(3) The term 'department and agency' means any department or agency of the Federal Government or any federally owned corporation. "S 2012. Veterans' employment emphasis under Federal contracts "(a) Any contract entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within 60 days after the date of enactment of this section, which regulations shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its suitable employment openings, and (2) each such local office shall give such veterans priority in referral to such employment openings. "(b) If any disabled veteran or veteran of the Vietnam era believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the Veterans' Employment Service of the Department of Labor. Such complaint shall be promptly referred to the Secretary who shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. "S 2013. Eligibility requirements for veterans under certain Federal manpower training programs "Any (1) amounts received as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts received under chapters 11, 13, 31, 34, 35, and 36 of this title by a veteran (as defined in section 38 USC 301, 101(2) of this title) who served on active duty for a period of more 401, 1501, 1651, than 180 days or was discharged or released from active duty for a 1700, 1770. service-connected disability, and any amounts received by an eligible 72 Stat. 1106. person under chapters 13 and 35 of such title, shall be disregarded in determining the needs or qualifications of participants in any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity Act of 1964, any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower training (or related) program financed in whole or in part with Federal funds." (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by adding at the end thereof a new item as follows: "42. Employment and Training of Disabled and Vietnam Era Veterans. 2011". SEC. 504. The Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. App. 501 et seq.), is amended as follows: 78 Stat. 508. 42 USC 2701 76 Stat. 23. 42 USC 2571 note. (1) Section 101(1) (50 U.S.C. App. 511(1)) is amended by striking 54 Stat. 1179. out "The term 'persons in military service' and inserting in lieu thereof "The term 'person in the military service', the term 'persons in military service',". (2) The following new section is inserted after section 700: "SEC. 701. (a) Notwithstanding any other provision of law, a power of attorney which "(1) was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code); "(2) designates that person's spouse, parent, or other named relative as his attorney in fact for certain specified, or all, purposes; and "(3) expires by its terms after that person entered a missing status, and before or after the effective date of this section; shall be automatically extended for the period that the person is in a missing status. 56 Stat. 777. 50 USC app. 590. 80 Stat. 625. "(b) No power of attorney executed after the effective date of this section by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the 86 STAT. 1098 power granted expires on the date specified even though that person, 86 STAT. 1099 after the date of execution of the document, enters a missing status. 86 STAT, 1099 81 Stat. 181. 72 Stat. 1231. 82 Stat. 1333. "(c) This section applies only to persons in military service who executed powers of attorney during the Vietnam era (as defined in section 101 (29) of title 38, United States Code)." SEC. 505. Section 3107 of title 38, United States Code, is amended by inserting after "title" the words "or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title". TITLE VI-EFFECTIVE DATES AND SAVINGS PROVISIONS SEC. 601. (a) The rate increases provided in Title I of this Act and the rate increases provided by the provisions of section 1787, title 38, United States Code (as added by section 316 of this Act) shall become effective October 1, 1972; except, for those veterans and eligible persons in training on the date of enactment, the effective date shall be the date of the commencement of the current enrollment period, but not earlier than September 1, 1972. (b) The provisions of title V of this Act shall become effective 90 days after the date of enactment of this Act. SEC. 602. (a) The provisions of section 1786 of title 38, United States Code (as added by section 316 of this Act), which apply to programs of education exclusively by correspondence, shall, as to those wives and widows made eligible for such training by that section, become effective January 1, 1973, and, as to eligible veterans, shall apply only to those enrollment agreements which are entered into on or after January 1, 1973. (b) Notwithstanding the provisions of subsection (a) of this section, any enrollment agreement entered into by an eligible veteran prior to January 1, 1973, shall continue to be subject to the provisions of section 1682 (c) of title 38, United States Code, prior to its repeal by section 303 of this Act. SEC. 603. (a) The prepayment provisions of subsection (e) of section 1780 of title 38, United States Code (as added by section 201 of this Act), shall become effective on November 1, 1972. (b) The advance payment provisions of section 1780 of title 38, United States Code (as added by section 201 of this Act), shall become effective on August 1, 1973, or at such time prior thereto as the Administrator of Veterans' Affairs shall specify in a certification filed with the Committees on Veterans' Affairs of the Congress. SEC. 604. (a) Notwithstanding the provisions of section 1712(b) of title 38, United States Code, a wife or widow (1) eligible to pursue a program of education exclusively by correspondence by virtue of the provisions of section 1786 of such title (as added by section 316 of this Act) or (2) entitled to receive the benefits of subsection (a) of section 1733 of this title (as added by section 313 of this Act), shall have eight years from the date of the enactment of this Act in which to complete such a program of education or receive such benefits. 86 STAT, 1099 72 Stat. 1194; 84 Stat. 1575. (b) Notwithstanding the provisions of section 1712 (a) or 1712(b) of title 38, United States Code, an eligible person, as defined in section 1701(a)(1) of such title, who is entitled to pursue a program of 82 Stat. 1333. apprenticeship or other on-job training by virtue of the provisions of section 1787 of such title (as added by section 316 of this Act) shall have eight years from the date of the enactment of this Act in which to complete such a program of training, except that an eligible person defined in section 1701(a)(1) (A) of such title may not be afforded educational assistance beyond his thirty-first birthday. Approved October 24, 1972. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-887 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 118 (1972): Mar. 6, considered and passed House. Aug. 3, considered and passed Senate, amended, in lieu of Oot. 11, House agreed to Senate amendments with amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Public Law 92-531 An Act Relating to compensation of members of the National Commission on the 86 STAT. 1051 National Com- Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 140(b) of the Education Amendments of 1972 is amended by adding at the end thereof the following new paragraph: "(4) Members of the Commission shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 under section 5332 of title 5, United States Code, for each day (including traveltime) during which they are engaged in the actual Ante, p. 282, performance of duties vested in the Commission, except that members of the Commission who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay on account of their services on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, all members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 (b) of title 5, United States Code. 80 Stat. 499. Approved October 23, 1972. Travel expen ses. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 118 (1972): Oct. 11, considered and passed House. (222) |