THE DISTRICT OF COLUMBIA, Hon. THOMAS F. EAGLETON, Chairman, Committee on the District of Columbia, U.S. Senate, Washington, D.C. DEAR SENATOR EAGLETON: The Commissioner of the District of Columbia has for report H.R. 6105, a bill, "For the incorporation of the Merchant Marine Veterans Association", as passed by the House of Representatives on April 27, 1971. The bill would incorporate in the District of Columbia, where its legal domicile would be, the Merchant Marine Veterans Association. According to the bill, the purposes of the Association are as follows: to foster appreciation for the wartime services of veterans of the American merchant marine and the United States Maritime Service, and the betterment of the plight of said veterans, through recognized methods of obtainment; the perpetuation of the Memorial Day shipboard ceremony to honor the war dead of these services, as inaugurated on Memorial Day, May 30, 1958; to encourage the governmental formation of a United States Maritime Service Reserve, the acknowledged training branch of the wartime American merchant marine. The bill provides the usual corporate powers and restrictions on the operations of the corporation. The enactment of H.R. 6105 would appear to result in no additional cost to the District of Columbia Government. While the Commissioner of the District of Columbia has no objection to the enactment of H.R. 6105, he suggests that the Committee may wish to seek the views of the Veterans' Administration and the Department of Justice with respect to this legislation. Chairman, Committee on the District of Columbia, DEAR MR. CHAIRMAN: This is in reply to your request for a report by the Veterans Administration on H.R. 6105, which passed the House of Representatives and has now been referred to your Committee. As amended by the House of Representatives, this bill would incorporate the Merchant Marine Veterans Association as "a body corporate of the District of Columbia." The Veterans Administration is not usually concerned with the establishment of corporations by the Congress and we assume our recommendations have been requested to ascertain if the passage of this bill would have any material effect on the operations of the Veterans Administration. Under section 3402 of title 38, United States Code, the Administrator of Veterans Affairs is authorized to recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as he may approve, in the preparation, presentation, and prosecution of claims under laws administered by this agency. Within his discretion, the Administrator may furnish available space and office facilities for the use of paid, full-time representatives of national organizations so recognized. The recognized organizations, associations, and agencies are listed in Veterans Administration Bulletin 23-L, dated October 26, 1969, a copy of which is enclosed. Under existing regulations, with the exception of State or other governmental organizations, we do not extend recognition for the purposes specified in 38 USC 3402 unless the organization has been granted a charter or recognition by Act of Congress. The purposes of the corporation as set forth in section 3 of the bill do not indicate any intent to seek recognition by the Administrator of Veterans Affairs nor does it appear that such recognition would in any manner assist the Merchant Marine Veterans Association in accomplishing its stated objectives. In addition, we have no record of any inquiries on behalf of the Association indicating that such recognition might be requested. While individual members of the Association might be eligible for benefits under title 38, United States Code, because of their service in the Armed Forces of the United States, we do not believe that the passage of this bill would have any material effect on the operation of the Veterans Administration nor that this enactment would result in any cost to the Veterans Administration. The granting of Federal recognition to veterans or other organizations involves questions of broad policy for the Congress, in its discretion, to determine. Accordingly, the Veterans Administration refrains from any recommendation with respect to the enactment of H.R. 6105. Advice has been received from the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, DEAR SENATOR EAGLETON: This is in response to your request for the views of the Department of Justice on H.R. 6105, a bill "For the incorporation of the Merchant Marine Veterans Association." The bill would incorporate in the District of Columbia the Merchant Marine Veterans Association, a nonprofit corporation to foster the interests of veterans of the American merchant marine and the United States Maritime Service. Congress has, over a period of years, chartered numerous veterans and civic organizations. Some of these charters have created corporations with no specific legal domicile while others have used the form of H.R. 6105, chartering the organization as a District of Columbia corporation. In 1969, after a study of the various congressional charters, the Subcommittee on Federal Charters, Holidays and Celebrations of the Senate Committee on the Judiciary and Subcommittee Number 4 of the Committee on the Judiciary of the House of Representatives jointly agreed on standards to be applied in the granting of federal charters. We suggest that it would be desirable for the same standards to be applied to all legislation pertaining to these charters so that a degree of uniformity may be achieved. The Department of Justice defers to the judgment of the Congress as to whether or not the standards promulgated by the Judiciary Committee should be applied and as to whether or not H.R. 6105 should be enacted. The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, RICHARD G. KLEINDIENST, 1 Bulletin 23-L, List of Recognized Organizations, October 26, 1969, which appears on 92D CONGRESS 1ST SESSION S. 1370 IN THE SENATE OF THE UNITED STATES MARCH 24 (legislative day, MARCH 23), 1971 Mr. STEVENSON (by request) introduced the following bill; which was read twice and referred to the Committee on the District of Columbia A BILL To amend section 8 of the Act approved March 4, 1913 (37 Stat. 974), as amended, to standardize procedures for the testing of utility meters; to add a penalty provision in order to enable certification under section 5 (a) of the Natural Gas Pipeline Safety Act of 1968, and to authorize cooperative action with State and Federal regulatory bodies on matters of joint interest. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 8 of the Act entitled "An Act making appro4 priations to provide for the expenses of the government of 5 the District of Columbia for the fiscal year ending June 6 thirtieth, nineteen hundred and fourteen, and for other pur II 2 1 poses", approved March 4, 1913 (37 Stat. 974, as amended; 2 D.C. Code, sec. 43-101 et seq.) is amended as follows: 3 (a) The first two paragraphs of paragraph 57 (D.C. 4 Code, sec. 43-603), are amended to read as follows: 5 "PAR. 57. That the commission shall appoint inspectors 6 of gas meters, whose duty it shall be, when required by 7 the commission, to inspect, examine, and ascertain the accuracy of gas meters used or intended to be used for measuring and ascertaining the quantity of gas furnished for light, heat, or power by any person or corporation to or for the use of any person or corporation. 8 9 10 11 "No corporation or person shall furnish, set, or put in use any gas meter which shall not have been inspected and proved for accuracy, or any meter the type of which shall not have been approved by the commission or by an inspector of the commission." (b) Paragraph 85 (D.C. Code, sec. 43-906) is amended by adding the following new paragraphs: "Any person who violates any regulation issued by the commission governing safety of pipeline facilities and the transportation of gas, shall be subject to a civil penalty of not to exceed $1,000 for each such violation for each day that such violation persists. However, the maximum civil penalty shall not exceed $200,000 for any related series of violations. "Any such civil penalty may be compromised by the .00 1 commission. In determining the amount of such penalty, or 2 the amount agreed upon in compromise, the appropriateness 3 of such penalty to the size of the business of the person 4 charged, the gravity of the violation, and the good faith of 5 the person charged in attempting to achieve compliance, after 6 notification of a violation, shall be considered. The amount 7 of such penalty when finally determined, or the amount 8 agreed upon in compromise, may be deducted from any 9 sums owing by the District of Columbia to the person charged or may be recovered in a civil action in the District of 11 Columbia courts." 12 (c) Paragraph 96 (D.C. Code, sec. 43-207) is amended 13 by adding the following new paragraph: 14 "The commission may act jointly or concurrently with 15 any official board or commission of the United States or any 16 State thereof in any proceeding relating to the regulation of 17 any public service company. Any such action may be under 18 an interstate compact or agreement, or under the concurrent 19 power of the States to regulate interstate commerce, or as an 20 agency of the Federal Government, or otherwise." SEC. 2. This Act shall take effect on the date of its 22 enactment. |