Page:United States Statutes at Large Volume 88 Part 2.djvu/375

 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

1691

" (d) The court, in issuing any final order in any action brought gation. ° under subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. The ^J^'J^^ °^ court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equiv^alent security in accordance with the Federal Rules of Civil Procedure. is use app. "(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this title or to seek any other relief. a GENERAL PROVISIONS

"SEC. 1450. (a)(1) The Administrator is authorized to prescribe f2''usc'3°o'o-9 such regulations as are necessary or appropriate to carry out his functions under this title. "(2) The Administrator may delegate any of his functions under this title (other than prescribing regulations) to any officer or employee of the Agency. "(b) The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as he deems necessary to assist him in carrying out the purposes of this title. "(c) Upon the request of a State or interstate agency, the Administrator may assign personnel of the Agency to such State or interstate agency for the purposes of carrying out the provisions of this title. " (d)(1) The Administrator may make payments of grants under Payments of this title (after necessary adjustment on account of previously made g r a n t°. "'"" s underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as he may determine. "(2) Financial assistance may be made available in the form of grants only to individuals and nonprofit agencies or institutions. For "Nonprofit purposes of this paragraph, the term 'nonprofit agency or institution' hfrt'it^iTti'^'n." means an agency or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual. "(e) The Administrator shall take such action as may be necessary to assure compliance with provisions of the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a-276a(5)). The Sec- ^o use 276a retary of Labor shall have, with respect to the labor standards specified "° ^' in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R, 3176; 64 Stat. 1267) and s use app. section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). "(f) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted nnder this title to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that lie will appear in such action, attorneys appointed by the Administrator shall appear and represent him. "(g) The provisions of this title shall not be construed as affecting any authority of the Administrator under part G of title III of this Act.

42 USC 264.

" (h) Not later than April 1 of each year, the Administrator shall rfs^i\ona\°co^mit submit to the Committee on Commerce of the Senate and the Com- tees. mittee on Interstate and Foreign Commerce of the House of Representatives a report respecting the activities of the Agency under this

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