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PUBLIC LAW 93-289-MAY 24, 1974

10 USC 1331.

P e r s o n s insured; amount.

38 USC 766.

Ante,

p. 165.

Automatic conversion.

e o v e r a g e, duration and termination.

[88 STAT.

retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 67 of title 10; and " (D) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises." SEC. 4. Section 767 of title 38, United States Code, is amended as follows: (1) Subsection (a) is amrewded to read as follows: " (a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure against death— "(1) any member of a uniformed service on active duty, active duty for training, or inactive duty training scheduled in advance by competent authority; "(2) any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in section 765(5)(B) of this title; and "(8) any member assigned to, or who upon application would bo eligible for assignment to, the Retired Reserve of a uniformed service who meets the qualifications set forth in section 765(5)(C) of this title; in the amount of $20,000 unless such member elects in writing (A) not to be insured under this subchapter, or (B) to be insured in the amount of $15,000, $10,000, or $5,000. The insurance shall be effective the first day of active duty or active duty for training, or the beginning of a period of inactive duty training scheduled in advance by competent authority, or the first day a member of the Ready Reserve meets the qualifications set forth in section 765(5)(B) of this title, or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 765(5)(C) of this title, or the date certified by the Administrator to the Secretary concerned as the date Servicemen's Group Life Insurance under this subchapter for the class or group concerned takes effect, whichever is the later date." (2) Subsection (b) is amended by deleting "ninety days" wherever it appears therein and inserting in lieu thereof "one hundred and twenty days". ('3) Subsection (c) is amended to read as follows: "(c) If any member elects not to be insured under this subchapter or to be insured in the amount of $15,000, $10,000, or $5,000, he may thereafter be insured under this subchapter or insured in the amount of $20,000, $15,000, or $10,000 under this subchapter, as the case may be, upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Administrator. Any former member insured under Veterans' Group Life Insurance who again becomes eligible for Servicemen's Group Life Insurance and declines such coverage solely for the purpose of maintaining his Veterans' Group Life Insurance in effect shall upon termination of coverage under Veterans' Group Life Insurance be automatically insured under Servicemen's Group Life Insurance, if otherwise eligible therefor." SEC. 5. (a) Section 768 of title 38, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting "or while the member meets the qualifications set forth in section 765(5)(B) or (C) of this title," immediately before "and such insurance shall cease".

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PUBLIC LAW 93-289-lVlAY 24, 1974

(2) Clauses (2) and (3) of subsection (a) are each amended bydeleting "ninety days" wherever it appears therein and inserting in lieu thereof "one hundred and twenty days". (3) Subsection (a) is further amended by adding at the end thereof the following: "(4) with respect to a member of the Ready Reserve of a uniformed service Avho meets the qualifications set forth in section 765(5)(B) of this title, one hundred and twenty days after separation or release from such assignment— " (A) unless on the date of such separation or release the member is totally disabled, under criteria established by the Administrator, in which event the insurance shall cease one year after the date of separation or release from such assignment, or on the date the insured ceases to be totally disabled, whichever is the earlier date, but in no event prior to the expiration of one hundred and twenty days after separation or release from such assignment; or " (B) unless on the date of such separation or release the member has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 67 of title 10 and would upon application be eligible for assignment to or is assigned to the Retired Reserve, in which event the insurance, unless converted to an individual policy under terms and conditions set forth in section 777(e) of this title, shall, upon timely payment of premiums under terms prescribed by the Administrator directly to the administrative office established under section 766(b) of this title, continue in force until receipt of the first increment of retirement pay by the member or the member's sixty-first birthday, whichever occurs earlier. "(5) with respect to a member of the Retired Reserve who meets the qualifications of section 765(5)(C) of this title, and who was assigned to the Retired Reserve prior to the date insurance under this amendment is placed in effect for members of the Retired Reserve, at such time as the member receives the first increment of retirement pay, or the member's sixty-first birthday, whichever occurs earlier, subject to the timely payment of the initial and subsequent premiums, under terms prescribed by the Administrator, directly to the administrative office established under section 766(b) of this title." (4) Subsection (b) is amended to read as follows: "(b) Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, that, except as hereinafter provided. Servicemen's Group Life Insurance which is continued in force after expiration of the period of duty or travel under section 767(b) or 768(a) of this title, effective the day after the date such insurance would cease, shall be automatically converted to Veterans' Group Life Insurance subject to (1) the timely payment of the initial premium under terms prescribed by the Administrator, and (2) the terms and conditions set forth in section 777 of this title. Such automatic conversion shall be effective only in the case of an otherwise eligible member or former member who is separated or released from a period of active duty or active dut^ for training or inactive duty training on or after the date on which the Veterans' Group Life Insurance program (provided for under section 777 of this title) becomes effective. Servicemen's Group Life Insurance continued in force under section 768(a)(4)(B) or (5) of this title shall

167

Ready R e Ante,

p, 165.

10 USC 1331.

Post,

p. 169.

38 USC 766.

Retired R e serves. Ante, p 165.

eonversion.

Ante,

p. 166.

Post,

p. 169.

Supra.

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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/212

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Ante,

PUBLIC LAW 93-289-MAY 24, 1974

p. 166.

Post, p. 169. Repeal. 38 USC 768. 38 USC 768 note.

Deductions.

38 USC 766.

Ready R e serves. Ante,

p. 165.

Revolving fund, payments.

[88 STAT.

not be converted to Veterans' Group Life Insurance. However, a member whose insurance could be continued in force under section 768 (a)(4)(B) of this title, but is not so continued, may, effective the day after his insurance otherwise would cease, convert such insurance to an individual policy under the terms and conditions set forth in section 777(e) of this title." (5) Section 768(c) is hereby repealed. (b) The amendments made by this Act shall not be construed to deprive any person discharged or released from the uniformed services of the United States prior to the date on which the Veterans' Group Life Insurance program (provided for under section 777 of title 38, United States Code) becomes effective of the right to convert Servicemen's Group Life Insurance to an individual policy under the provisions of law in effect prior to such effective date. SEC. 6. Section 769 of title 38, United States Code, is amended as follows: (1) By deleting from paragraphs (1) and (2) of subsection (a) "is insured under a policy of insurance purchased by the Administrator, under section 766 of this title" and inserting in lieu thereof "is insured under Servicemen's Group Life Insurance". (2) By redesignating paragraphs (2) and (3) of subsection (a) as paragraphs (3) and (4), respectively, and by adding after paragraph (1) a new paragraph (2) as follows: " (2) During any month in which a member is assigned to the Ready Reserve of a uniformed service under conditions which meet the qualifications of section 765(5)(B) of this title, or is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 765(5)(C) of this title, and is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be contributed from the appropriation made for active duty pay of th3 uniformed service concerned an amount determined by the Administrator (which shall be the same for all such members) as the shar3 of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made." (3) By deleting from the second sentence of paragraph (4) of subsection (a) "subsection (1) hereof, or fiscal year amount under subsection (2) hereof" and inserting in lieu thereof "paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hei"eof"; and by deleting in such paragraph (4) "this subchapter" each time it appeare and "insurance under this subchapter" and inserting in lieu thereof "Servicemen's Group Life Insurance", (4) The first sentence of subsection (b) is amended by deleting "such insurance" and inserting in lieu thereof "Servicemen's Group Life Insurance"; and the second sentence of such subsection is amended by deleting "this subchapter" and inserting in lieu thereof "Servicemen's Group Life Insurance". (5) Subsection (c) is amended by deleting "any such insurance" and inserting in lieu thereof "Servicemen's Group Life Insurance". (6) The last sentence of subsection (d)(1) is amended to read as follows: "All premium payments and extra hazard costs on Servicemen's Group Life Insurance and the administrative cost to the Veterans' Administration of insurance issued under this subchapter shall be paid from the revolving fund.".

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text: Dictionary of National Biography, 1885-1900/Banks, Joseph


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PUBLIC LAW 93-289-MAY 24, 1974

(7) By adding at the end of such section a new subsection as follows: "(e) The premiums for Servicemen's Group Life Insurance placed in effect or continued in force for a member assigned to the Retired Reserve of a uniformed service who meets the qualifications of section 765(5)(C) of this title, shall be established under the criteria set forth in sections 771(a) and (c) of this title, except that the Administrator may provide for average premiums for such various age groupings as he may determine to be necessary according to sound actuarial principles, and shall include an amount necessary to cover the administrative cost of such insurance to the company or companies issuing or continuing such insurance. Such premiums shall be payable by the insureds thereunder as provided by the Administrator directly to the administrative office established for such insurance under section 766(b) of this title. The provisions of sections 771(d) and (e) of this title shall be applicable to Servicemen's Group Life Insurance continued in force or issued to a member assigned to the Retired Reserve of a uniformed service. However, a separate accounting may be required by the Administrator for insurance issued to or continued in force on the lives of members assigned to the Retired Reserve and for other insurance in force under this subchapter. In such accounting, the Administrator is authorized to allocate claims and other costs among such programs of insurance according to accepted actuarial principles." SEC. 7. Section 770 of title 38, United States Code, is amended as follows: (1) The first clause following the colon in subsection (a) is amended to read as follows: "First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received prior to death (1) in the uniformed services if insured under Servicemen's Group Life Insurance, or (2) in the administrative office established under section 766(b) of this title if separated or released from service, or if assigned to the Retired Reserve, and insured under Servicemen's Group Life Insurance, or if insured under Veterans' Group Life Insurance;". (2) Subsection (e) is amended by deleting therefrom the words "this amendatory Act" and inserting in lieu thereof "the Veterans' Insurance Act of 1974". (3) Subsections (f) and (g) are amended by adding after "Servicemen's Group Life Insurance" wherever it appears therein "or Veterans' Group Life Insurance". SEC. 8. -Section 771 of title 38, United States Code, is amended as follows: (1) Subsection (b) is amended by deleting "the policy or policies" and inserting in lieu thereof "Servicemen's Group Life Insurance". (2) The third sentence of subsection (e) is amended by deleting "section 766" and inserting in lieu thereof "section 769(d)(1)". SEC. 9. (a) Subchapter III of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following new sections: " (a) Veterans' Group Life Insurance shall be issued in the amount of $5,000, $10,000, $15,000, or $20,000 only. No person may carry a combined amount of Servicemen's Group Life Insurance and Veterans' Group Life Insurance in excess of $20,000 at any one time. Any person
 * § 777. Veterans' Group Life Insurance

169

Retired R e serves. Ante, p 1 6 5 38 USC 7 7 1.

38 USC 766.

Beneficiaries.

^"'e, p. i65.

^nte. p. i68.

38 USC 777.

eonversion.

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Premiums. 38 USC 771.

38 USC 766.

Death payments. Ante, P. 16

PUBLIC LAW 93-289-MAY 24, 1974

[88 STAT.

insured under Veterans' Group Life Insurance who again becomes insured under Servicemen's Group Life Insurance may within sixty days after becoming so insured convert any or all of his Veterans' Group Life Insurance to an individual policy of insurance under subsection (e) of this section. However, if such a person dies within the sixty-day period and before converting his Veterans' Group Life Insurance, Veterans' Group Life Insurance will be payable only if he is insured for less than $20,000 under Servicemen's Group Life Insurance, and then only in an amount which when added to the amount of Servicemen's Group Life Insurance payable shall not exceed $20,000. "(b) Veterans' Group Life Insurance shall (1) provide protection against death; (2) be issued on a nonrenewable five-year term basis; (3) have no cash, loan, paid-up, or extended values; (4) except as otherwise provided, lapse for nonpayment of premiums; and (5) contain such other terms and conditions as the Administrator determines to be reasonable and practicable which are not specifically provided for in this section, including any provisions of this subchapter not specifically made inapplicable by the provisions of this section. a^^^ /pj^^ prcmiums for Veterans' Group Life Insurance shall be established under the criteria set forth in sections 771(a) and (c) of ^jjjg title, except that the Administrator may provide for average premiums for such various age groupings as he may decide to be necessary according to sound actuarial principles, and shall include an amount necessary to cover the administrative cost of such insurance to the company or companies issuing such insurance. Such premiums shall be payable by the insureds thereunder as provided by the Administrator directly to the administrative office established for such insurance under section 766(b) of this title. In any case in which a member or former member who was mentally incompetent on the date he first became insured under Veterans' Group Life Insurance dies within one year of such date, such insurance shall be deemed not to have lapsed for nonpayment of premiums and to have been in force on the date of death. Where insurance is in force under the pi'cceding sentence, any unpaid premiums may be deducted from the proceeds of the insurance. Any person who claims eligibility for Veterans' Group Life Insurance based on disability incurred during a period of duty shall be required to submit evidence of qualifying health conditions and, if required, to submit to physical examinations at their own expense. " (d) Any amount of Veterans' Group Life Insurance in fores on any person on the date of his death shall be paid, upon the establishment of a valid claim therefor, pursuant to the provisions of section 770 of this title. However, any designation of beneficiary or beneficiaries for Servicemen's Group Life Insurance filed with a uniformed service until changed, shall be considered a designation of beneficiary or beneficiaries for Veterans' Group Life Insurance, but not for more than sixty days after the effective date of the insured's Veterans' Group Insurance, unless at the end of such sixty-day period, the insured is incompetent in which event such designation may continue in force until the disability is removed but not for more than five years after the effective date of the insured's Veterans' Group Life Insurance. Except as indicated above in incompetent cases, after such sixty-day period, any designation of beneficiary or beneficiaries for Veterans' Group Life Insurance to be effective must be by a writing signed by the insured and received by the administrative office established under section 766(b) of this title. .....,,.;,,. ,

�


text: Dictionary of National Biography, 1885-1900/Banks, Sarah Sophia


text:
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PUBLIC LAW 93-289-MAY 24, 1974

"(e) An insured under Veterans' Group Life Insurance shall have the right to convert such insurance to an individual policy of life insurance upon written application for conversion made to the participating company he selects and payment of the required premiums. The individual policy will be issued without medical examination on a plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount as premiums in the event the insured performs active duty, active duty for training, or inactive duty training. The individual policy will be effective the day after the insured's Veterans' Group Life Insurance terminates by expiration of the fiveyear term period, except in a case where the insured is eligible to convert at an earlier date by reason of again having become insured under Servicemen's Group Life Insurance, in which event the effective date of the individual policy may not be later than the sixty-first day after he again became so insured. Upon request to the administrative office established under section 766(b) of this title, an insured under Veterans' Group Life Insurance shall be furnished a list of life insurance companies participating in the program established under this subchapter. In addition to the life insurance companies participating in the program established under this subchapter, the list furnished to an insured under this section shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Administrator and agree to sell insurance to former members in accordance with the provisions of this section. "(f) The provisions of sections 771(d) and (e) of this title shall be applicable to Veterans' Group Life Insurance. However, a separate accounting shall be required for each program of insurance authorized under this subchapter. In such accounting, the Administrator is authorized to allocate claims and other costs among such programs of insurance according to accepted actuarial principles. " (g) Any person whose Servicemen's Group Life Insurance was continued in force after termination of duty or discharge from service under the law as in effect prior to the date on which the Veterans' Group Life Insurance program (provided for under section 777 of this title) became effective, and whose coverage under Servicemen's Group Life Insurance terminated less than.four years prior to such date, shall be eligible within one year from the effective date of the Veterans' Group Life Insurance program to apply for and be granted Veterans' Group Life Insurance in an amount equal to the amount of his Servicemen's Group Life Insurance which was not converted to an individual policy under prior law. Veterans' Group Life Insurance issued under this subsection shall be issued for a term period equal to five years, less the time elapsing between the termination of the applicant's Servicemen's Group Life Insurance and the effective date on which the Veterans' Group Life Insurance program became effective. Veterans' Group Life Insurance under this subsection shall only be issued upon application to the administrative office established under section 766(b) of this title, payment of the required premium, and proof of good health satisfactory to that office, which proof shall be submitted at the applicant's own expense. Any person who cannot meet the good health requirements for insurance under this subsection solely because of a service-connected disability shall have such disability waived. For each month for M^hich any eligible veteran, whose service-connected disabilities are waived, is insured under this subsec-

171 Conversion.

Participating life insurance c o m p a n i e s, list 38 USC 7 6 6.

38 USC 7 7 1. Separate accounting procedures.

Servicemen's Group Life Insurance, conversion.

Serviceconnected disability, waiver,, contribution.

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Appropriation, 38 USC 778.

38 USC 779 38 USC 773

38 USC 765.

38 USC 769.

38 USC 774.

37 USC 707.

37 USC 204,

206

PUBLIC LAW 93-289-MAY 24, 1974

[88 STAT.

tion there shall be contributed to the insurer or insurers issuing the policy or policies from the appropriation 'Compensation and Pensions, Veterans' Administration' an amount necessary to cover the cost of the insurance in excess of the premiums established for eligible veterans, including the cost of the excess mortality attributable to such veteran's service-connected disabilities. The Administrator may establish, as he may determine to be necessary according to sound actuarial principles, a separate premium, age groupings for premium purposes, accounting, and reserves, for persons granted insurance under this subsection different from those established for other persons granted insurance under this section. Appropriations to carry out the purpose of this section are hereby authorized. "Reinstatement of insurance coverage granted under this subchapter but lapsed for nonpayment of premiums shall be under terms and conditions prescribed by the Administrator. "§ 779. Incontestability "Subject to the provision of section 77H of this title, insurance coverage granted under this subchapter shall be incontestable from the date of issue, reinstatement, or conversion except for fraud or nonpayment of premium." (b) The analysis of subchapter III of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following: "777. Veterans' Group Life Insurance. "778. Reinstatement. "779. Incontestability.". SEC. 10. Chapter 19 of title 38, United States Code, is amended as follows: (1) By striking out "Environmental Science Services Administration" wherever it appears in section 765 and inserting in lieu thereof "National Oceanic and Atmospheric Administration". (2) By striking out "General operating expenses, Veterans' Administration" in clause 3 of subsection (d) of section 769 and inserting in lieu thereof "General Operating Expenses, Veterans' Administration". ^^^ j^y striking out "Bureau of the Budget" in section 774 and inserting in lieu thereof "Office of Management and Budget". SEC. 11. (a) Chapter 13 of title 37, United States Code, is amended by adding at the end thereof a new section as follows: «§ 707. Allotments: members of the National Guard " (a) The Secretary of the Army or the Secretary of the Air Force, as ths case may be, may allow a member of the National Guard who is not on active duty to make allotrnents from his pay under sections 204 g^j^^ 206 of this title for the payment of premiums under a group life insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State if the State or association concerned has agreed in writing to reimburse the United States for all costs incurred by the United States in providing for such allotments. The amount of such costs and procedures for reimbursements shall be determined by the Secretary of Defense and his determination shall be conclusive. All amounts of reimbursements for such costs received by the United States from a State or an association shall be credited to the appropriations or funds against which charges have been made for such costs."
 * '§778. Reinstatement

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173

(b) The United States shall not be liable for any losses or damages gy^uscVo? suffered by any person as the result of any error made by any officer note. or employee of the United States in administering the allotment program authorized under subsection (a). (c) The table of sections at the beginning of chapter 13 of such title is amended by adding at the end thereof a new item as follows: "707. Allotments: members of the National Guard.".

SEC. 12. This Act shall become effective as follows: as^usc''? 23^*^"' (1) The amendments made by section % relating to Veterans' Special note. Life Insurance, shall become effective upon the date of enactment of this Act except that no dividend on such insurance shall be paid prior to January 1, 1974. (2) The amendments relating to Servicemen's Group Life Insurance 38 USC 765 coverage on a full-time basis for certain members of the Reserves and note. National Guard shall become effective upon the date of enactment of this Act. (3) The amendments increasing the maximum amount of Service- n o38. u s e 767 te men's Group Life Insurance shall become effective upon the date of enactment of this Act. (4) The amendments made by sections 5(a)(4) and (5) of this ^s use 768 Act, and those enacting a Veterans' Group Life Insurance program shall become effective on the first day of the third calendar month following the month in which this Act is enacted. Approved May 24, 1974. Public Law 93-290 AN ACT To amend section 505 of title 10, United States Code, to establish uniform original enlistment qualifications for male and female persons.

May 24, 1974 [H. R. 3418]

Be it enacted by the Senate and Ho'tise of Representatives of the Armed Forces. United States of America in Congress assembled, SECTION 1. (a) The first sentence of section 505(a) of title 10, United me^'t'qu^ifi^a-*" States Code, is amended by striking out "in the case of male persons tions. and not less than eighteen years of age in the case of female persons". (b) The second sentence of section 505(a) of title 10, United States Code, is amended by striking out "male" and by striking out ", or female person under twenty-one years of age,". SEC. 2. Section 505(c) of title 10, United State Code, is amended (1) inserting "of persons for the duration of their minority or for a period of two, three, four, five, or six years," after "enlistments"; (2) inserting a period after "be" and by striking out the dash after "be"; and (3) striking out paragraph (1) and paragraph (2). Approved May 24, 1974.

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text: Dictionary of National Biography, 1885-1900/Banks, Thomas (1735-1805)


text:
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PUBLIC LAW 93-291-MAY 24, 1974

[88 STAT.

Public Law 93-291 May 24, 1974 [S. 514]

H i s to r i c a l and archeological data, preservation. Extension to Federal or federally a s s i s t e d projects.

16 USC 469a.

16 USC 4 6 9 a - l.

Notification. Data recovery, agency r e q u e s t s.

Reports, c o p i e s; availability.

Survey,

Construction d e l a y s, compensation.

16 USC 469a-2.

AN ACT To amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam", approved June 27, 1960 (74 Stat. 220; 16 U.S.C. 469), is amended as follows: (1) In section 1, after "result of" insert " (1) " and delete "agency." and insert "agency or (2) any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program." (2) I n section 2, change "SEC. 2. (a) ", to "SEC. 2."; after "Secretary of the Interior" insert "(hereafter referred to as the Secretary)", and delete all of subsection (b). (3) Add the following new sections: "SEC. 3. (a) Whenever any Federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, such agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity. Such agency may request the Secretary to undertake the recovery, protection, and preservation of such data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from such investigation), or it may, with funds appropriated for such project, program, or activity, undertake such activities. Copies of reports of any investigations made pursuant to this section shall be submitted to the Secretary, who shall make them available to the public for inspection and review. "(b) Whenever any Federal agency provides financial assistance by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if he determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may with funds appropriated expressly for this purpose conduct, with the consent of all persons, associations, or public entities having a legal interest in the property involved, a survey of the affected site and undertake the recovery, protection, and preservation of such data (including analysis and publication). The Secretary shall, unless otherwise mutually agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or any nonfederally owned lands. "SEC. 4. (a) The Secretary, upon notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if he determines that such data is significant and is being or ijiay be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be conducted a survey and other investigation of the areas which are or may be affected and recover and preserve such data (including analysis and publication) which, in his opinion,

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175

are not being, but should be, recovered and preserved in the public interest. "(b) No survey or recovery work shall be required pursuant to this Emergency projects section which, in the determination of the head of the responsible "'"""'*°. agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster. " (c) The Secretary shall initiate the survey or recovery effort within Initiation. sixty days after notification to him pursuant to subsection (a) of this section or within such time as may be agreed upon with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases. " (d) The Secretary shall, unless otherwise mutually agreed to in ^^^°"^^''""^^'°" d e l a y s, comwriting, compensate any person, association, or public entity damaged p e n s a t i o n. as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land." (4) In section 2, change "SEC. 2. (c) " to "SEC. 5. (a) " and change 16 USC 469a. "instigating agency" to "agency responsible for funding or licensing ^^'^ 469a-3. the project" and delete "agency." and insert "agency and the survey and recovery programs shall terminate at a time mutually agreed upon by the Secretary and the head of such agency unless extended by mutual agreement.". (5) Delete subsection 2(d). (6) In section '2, change "SEC. 2. (e) " to "SEC. 5. (b)". (7) In section 5, add the following new subsection: ^ ^ use 469a-3. " (c) The Secretary shall coordinate all Federal survey and recovery coordination. activities authorized under this Act and shall submit an annual report Annual report to at the end of each fiscal year to the Interior and Insular Affairs Com- commx^ttees"^ mittees of the United States Congress indicating the scope and effectiveness of the program, the specific projects surveyed and the results produced, and the costs incurred by the Federal Government as a result thereof,". (8) Redesignate "SEC. 3." as "SEC. 6." and change paragraphs (2) le use 469b. and (3) to read as follows: " (2) obtain the services of experts and consultants or organiza- co^'luulmT'^ tions thereof in accordance with section 3109 of title 5, United States Code; and "(3) accept and utilize funds made available for salvage Funds, acceptarcheological purposes by any private person or corporation or transferred to him by any Federal agency.". (9) Delete all of section 4 and insert the following: Funds, transfer. "SEC. 7. (a) To carry out the purposes of this Act, any Federal '"" u s e 469c. 16 agency responsible for a construction project may assist the Secretary and/or it may transfer to him such funds as may be agreed upon, but not more than 1 per centum of the total amount authorized to be appropriated for such project, except that the 1 per centum limitation of this section shall not apply in the event that the project involves $50,000 or less: Provided, That the costs of such survey, recovery, analysis, and publication shall be considered nonreimbursable project costs. "(b) For the purposes of subsection 3(b), there are authorized to Appropriation. be appropriated such sums as may be necessary, but not more than $500,000 in fiscal year 1974; $1,000,000 in fiscal year 1975; $1,500,000 in fiscal year 1976; $1,500,000 in fiscal year 1977; and $1,500,000 in fiscal year 1978.

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[88 STAT.

"(c) For the purposes of subsection 4(a), there are authorized to be appropriated not more than $2,000,000 in fiscal year 1974; $2,000,000 in fiscal year 1975; $3,000,000 in fiscal year 1976; $3,000,000 in fiscal year 1977; and $3,000,000 in fiscal year 1978.". Approved May 24, 1974. Public Law 93-292 May 28, 1974 —fH. R. 5621]

AN ACT rp^ amend title 10, United States Code, to provide for the presentation of a flag of the United States for deceased members of the Ready Reserve and for deceased members of the Reserve who die after completing twenty years of service, but before becoming entitled to retired pay.

Be it enacted by the Senate and House of Representatives of the Ready Reserve United Stotes of Amevica in Congress assembled, That section 1482 of deceased'^memtltlc 10, United States Codc, is amended by adding the following new bars. subsection at the end thereof: sentati"n^'^'^^" "(^) '^^^ Secretary concerned may pay the necessary expenses for the presentation of a flag to the person designated to direct the disposition of the remains of a member of the Reserve of an armed force under his jurisdiction who dies under honorable circumstances as determined by the Secretary and who is not covered by section 1481 of this title if, at the time of such member's death, he— "(1) was a member of the Ready Reserve; or "(2) had performed at least twenty years of service as computed under section 1332 of this title and was not entitled to retired pay under section 1331 of this title.". Approved May 28, 1974. Public Law 93-293 May 31, 1974 [^^•3398]

Veterans ' educational a s s i s t

ance "°' °°°'°'" Time exten^38 USC 1662 note. 38 USC 1651.

-^N ACT rjy^ amend title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to eligible veterans and other persons; to make improvements in the educational assistance programs; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the eight-year delimiting date for purguit of cducatioual programs under chapter 34 of title 38, United States Code, for eligible veterans discharged or released from active duty between January 31, 1955, and September 1, 1966 (except for those veterans whose discharges are subject to the provisions of section 1662(b) of such chapter, or who are pursuing courses of farm cooperative training, apprenticeship or other training on the job, or flight training under such chapter), shall run from July 1, 1966. Approved May 31, 1974.

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177

Public Law 93-294 May 31, 1974

AN ACT

fzj

To amend section 301 of title 37, United States Code, relating to incentive pay, to attract and retain volunteers for aviation crew member duties, and for other purposes.

ID 1 ofi7 n 1

!—'.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Aviation career be cited as the "Aviation Career Incentive Act of 1974". ^^^'j'^^'"" ^"^ °' SEC. 2. Chapter 5 of title 37, United States Code, is amended as 37 USC 301a follows: "°'^(1) Section 301(a)(1) is amended by striking out "a crew 37 USC 301. member" and inserting in lieu thereof "an enlisted crew member". (2; Section 301(g) is repealed. Repeal. (3) The following new section is inserted after section 301 and a corresponding item for that section is inserted in the chapter analysis: 37 USC 301a. " (a)(1) Subject to regulations prescribed by the President, a mem- operational or ber of a uniformed service who is entitled to basic pay is also entitled fiy°ing!^"''^ to aviation career incentive pay in the amount set forth in subsection (b) of this section for the frequent and regular performance of operational or proficiency flying duty required by orders. "(2) Aviation career incentive pay shall be restricted to regular Regular and -.^
 * § 301a. Incentive pay: aviation career

^

fy.

1 1 1 1

•

,

•

•

1 1 *

i

reserve officers.

and reserve omcers who hold, or are m t r a m m g leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis. " (3) Under regulations prescribed by the Secretary of Defense, the coast Guard Secretary of Transportation with respect to the Coast Guard when °^^^'=^'^^it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health, Education, and Welfare with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) of this section that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) of this section for the frequent and regular performance of operational flying duty. "(4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 6 of the first 12, and 11 of the first 18, years of his aviation service. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 9 but less than 11 of the first 18 years of his aviation service, he will be entitled to continuous monthly incentive pay for the first 22 years of his officer service. "(5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay

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text: Dictionary of National Biography, 1885-1900/Bankwell, Roger de


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Definitions.

PUBLIC LAW 93-294-MAY 31, 1974

[88 STAT.

ceases. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section. "(6) For the purposes of this section, the term— " (A) 'operational flying duty' means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation; and " (B) 'proficiency flying duty' means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. ''(b) A member who satisfies the requirements described in subsection (a) of this section is entitled to monthly incentive pay as follows: "(1) For an officer in pay grades 0 - 1 through O-IO who is qualified under subsection (a) of this section: "Phase I "Monthly rate: $100 $125 $150 $165 $245

Years of aviation service (including flight training) as an officer 2 or less. Over 2. Over 3. Over 4. Over 6.

"Phase II "Monthly rate: $225 $205 $185 $165

Years of services as an oflBeer as computed under section 205 Over 18. Over 20. Over 22. Over 24 but not over 25.

An officer is entitled to the rates in phase I of this table until he has completed 18 years of service as an officer, after which his entitlement is as prescribed by the rates in phase II, if he has completed at least 6 years of aviation service as an officer. However, if he has over 18 years of service as an officer, but not at least 6 years of aviation service as an officer, he continues to be subject to the rates set forth in phase I of the table that apply to an officer who has less than 6 years of aviation service as an officer. An officer in a pay grade labove 0 - 6 is entitled, until he completes 25 years of service as an officer, to be paid at the rates set forth in this table, except that an officer in pay grade 0 - 7 may not be paid at a rate grea;ter than $160 a month, and an officer in pay grade 0 - 8, or above, may not be paid at a rate greater than $166 a month.

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"(2) For a warrant officer who is qualified under subsection (a) of this section: "Monthly rate: $100 $110 $200

Years of aviation 'service as an offlcer 2 or less. Over 2. Over 6.

For the purposes of clauses (1) and ('2) of this subsection, the temi.^"'^^^°" ^"''' 'aviation service' means the service performed, under regulations prescribed by the Secretary concerned, by an officer, and the years of aviation service are computed beginning with the effective date of the initial order to perform aviation service. "(c) In time of war, the President may suspend the payment of ^^^/s'l^pension. aviation career incentive pay. " (d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, 37 USC 206. under orders, duty described in subsection (a) of this section for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b)(1) or (2) of this section, as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate, who is entitled to basic pay. Such member is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title. c "(e) The Secretary of Defense shall report to Congress before Report to July 1 each year the number of rated members by pay grade who— ongress. "(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and "(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.". SEC. 3. Section 716 of the Department of Defense Appropriation Proficiency Act, 1973 (86 Stat. 1199), and section 715 of the Department of "'""^* Defense Appropriation Act, 1974 (87 Stat. 1041), are each amended by striking out the last sentence. SEC. 4. Notwithstanding the amendments made by this Act, an Hazardous duty officer who was entitled to incentive pay under section 301(a)(1) ^^37 USC 301a of title 37, United States Code, on May 31, 1973, or on the day before notethe effective date of this Act, if otherwise qualified on the day before " «» P- 177. the effective date of this Act, is entitled to monthly incentive pay as prescribed in either clause (1) or (2) of this section, as follows: (1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either—

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 180

PUBLIC LAW 93-295-MAY 31, 1974

37 USC 3 0 1.

Ante,

p. 177,

Annual report, public r e l e a s e. 37 USC 301a note. Effective date. 37 USC 3 0 I a note.

[88

STAT.

(A) in the amount he was receiving under section 301(b) of that title on May 31, 1973, or on the day before the effective date of this Act, but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a (b) of that title, as added by this Act, is equal to or greater than the amount he was receiving under that section on May 31, 1973, or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section, as added by this Act; or (B) at the rate prescribed by section 301a(b) of that title, as added by this Act; whichever is greater. However, an officer who is promoted and assigned to pay grade 0 - 7 or above during the 36-month period following the effective date of this Act may not receive more than the rate which existed for that pay grade, as appropriate, prior to June 1, 1973. (2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a (b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act, notwithstanding the provisions of section 301a (a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade 0 - 7 on the effective date of this Act, or is promoted to the pay grade 0 - 7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade. The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act. SEC. 5. A yearly report containing such data as necessary to monitor the progress of this bill shall be made by the Department of Defense in cooperation with the Senate and House Armed Services Committees and released publicly. SEC. 6. This Act becomes effective on the first day of the first month after enactment. Approved May 31, 1974. Public Law 93-295

May 31, 1974 [S.3072]

Veterans Disability Compensation and Survivor Benefits Act of 1974. 38 USC 314 note.

AN ACT To amend title 38, United States Code, to increase the r a t e s of disability compensation for disabled veterans; to increase the r a t e s of dependency and indemnity compensation for their s u r v i v o r s; and for other purposes.

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 "Veterans Disability Compensation and Survivor Benefits Act of 1974".

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text: Dictionary of National Biography, 1885-1900/Bankyn, John


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TITLE I—VETERANS DISABILITY COMPENSATION SEC. 101. (a) Section 314 of title 38, United States Code, is amended— (1) by striking out "$28" in subsection (a) and inserting in lieu thereof "$32"; (2) by striking out "$61" in subsection (b) and inserting in lieu thereof "$59"; (3) by striking out "$77" in subsection (c) and inserting in lieu thereof "$89"; (4) by striking out "$106" in subsection (d) and inserting in lieu thereof "$122"; (5) by striking out "$149" in subsection (e) and inserting in lieu thereof "$171"; (6) by striking out "$179" in subsection (f) and inserting in lieu thereof "$211"; (7) by striking out "$212" in subsection (g) and inserting in lieu thereof "$260"; (8) by striking out "$246" in subsection (h) and inserting in lieu thereof "$289"; (9) by striking out "$276" in subsection (i) and inserting m lieu thereof "$326"; (10) by striking out "$496" in subsection (j) and inserting in lieu thereof "$584"; (11) by striking out "$47" and "$616" and "$862" in subsection (k) and inserting in lieu thereof "$52" and "$727" and "$1,017", respectively; (12) by striking out "$616" in subsection (1) and inserting in lieu thereof "$727"; (13) by striking out "$678" in subsection (m) and inserting in lieu thereof "$800"; (14) by striking out "$770" in subsection (n) and inserting in lieu thereof "$909"; (15) by striking out "$862" in subsections (o) and (p) and inserting in lieu thereof "$1,017"; (16) by striking out "$370" in subsection (r) and inserting in lieu thereof "$437"; and (17) by striking out "$554" in subsection (s) and inserting in lieu thereof "$654". (b) The Administrator of Veterans' Affairs may adjust adminis- ^^^^f adjusttratively, consistent with the increases authorized by this section, the as use au rates of disability compensation payable to persons within the purview "°*^' of section 10 of Public Law 85-867 who are not in receipt of com- ^^^^ use prec. pensation payable pursuant to chapter 11 of title 38, United States as^usc aoi. Code. SEC. 102. Section 315(1) of title 38, United States Code, is amended— (1) by striking out "$31" in subparagraph (A) and inserting in lieu thereof "$36"; (2) by striking out "$53" in subparagraph (B) and inserting in lieu thereof "$61";

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 and in the remarkable specimen of, reproduced in plate 26, figure 2, the branchial plates are distinctly set off from a very tenuous brownish film, the integument of the individual, as thick, jet-black oval plates with a coarsely granular surface. These gill plates were here very much smaller than those of the following sternites, those of the third and fourth sternites being the largest and those of the last pair of sternites again considerably smaller. On the plates of the operculum and of the next sternite, projecting thick-walled tubes can be seen that perhaps correspond to the trunk veins observed by Holm.

Metasoma, postabdomen or tail. The tail of the eurypterids consists of six ringlike segments, which decrease in width and correspondingly increase in length in posterior direction. In the primitive genus Strabops they merely decrease in width; and in all more primitive forms, as Strabops and Hughmilleria, and the simpler species of Eurypterus, the decrease in width is very gradual. In others it is abrupt in the first and second postabdominal segments. The first postabdominal segment in most species is a strongly contracted conical ring. In forms where the preabdomen has been excessively broad, the contraction takes place mainly in the last two tergites and the first postabdominal segment. In Eusarcus, where the contrast between the broad preabdomen and the narrow taillike postabdomen has become extreme, the first caudal segment contracts by more than one half, while the following segments have nearly uniform width, forming a cylindrical tail.

The segments fit into each other like the joints of a telescope, the posterior one always reaching, with its anterior articulating edge, as far as the posterior doublure of the anterior segment. They consequently articulate in all directions and are therefore found either extended straight or curved to either side. An exception to this rule seems to be presented by Eusarcus in which the tail is nearly always curved to one side— although specimens with straight tails have been observed in the


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[88 STAT.

(3) by striking out "$67" in subparagraph (C) and inserting in lieu thereof "$77"; (4) by striking out "$83" and "$15" in subparagraph (D) and inserting in lieu thereof "$95" and "$17", respectively; (5) by striking out "$21" in subparagraph (E) and inserting in lieu thereof "$24"; (6) by striking out "$36" in subparagraph (F) and inserting in lieu thereof "$41"; (7) by striking out "$53" and "$15" in subparagraph (G) and inserting in lieu thereof "$61" and "$17", respectively; (8) by striking out "$25" in subparagraph (H) and inserting in lieu thereof "$29"; and (9) by striking out "$48" in subparagraph (I) and inserting in lieu thereof "$55". TITLE II—SURVIVORS DEPENDENCY AND INDEMNITY COMPENSATION SEC. 201. Section 411 of title 38, United States Code, is amended to read as follows: " (a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: "Pay grade Monthly rate Pay grade Monthly rat« E-1 _ _ $215 W - 4 $307 E-2 _ _ _ _ 221 0 - 1 271 E-3 _ _ 228 0 - 2 281 E-4 241 0 - 3 _ _ 301 __ _ _.._ _ _ E-5 _ ___ 248 0 - 4 318 254 0 - 5 E-6 .__ 350 E-7 __. 266 0 - 6 394 E-8 -_ — - _ _281 0 - 7 . _ _ _ _ 427 E-9 _ '294 0 - 8 467 271 0 - 9.__ 502 W-1 282 0 - 1 0 _ ._ "549 W-2 ___ 291 W-3 " 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the widow's rate shall be $316. "'It the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow's rate shall be $589.

" (b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child. "(c) The monthly rate of dependency and indemnity compensation payable to the widow shallbe increased by $64 if she is (1) a patient m a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person.". SEC. 202. Section 413 of title 38, United States Code, is amended to read as follows: "Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates:

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PUBLIC LAW 93-295-MAY 31, 1974

"(1) One child, $108. "(2) Two children, $156. "(3) Three children, $201. "(4) More than three children, $201, plus $40 for each child in excess of three.". SEC. 203. (a) Subsection (a) of section 414 of title 38, United States Code, is amended by striking out "$55" and inserting in lieu thereof "$64". (b) Subsection (b) of section 414 of such title is amended by striking out "$92 ' and inserting in lieu thereof "$108". (c) Subsection (c) of section 414 of such title is amended by striking out "$47" and inserting in lieu thereof "$55". SEC. 204. Section 322(b) of title 38, United States Code, is amended to read as follows: " (b) The monthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $64 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person.". SEC. 205. Section 337 of title 38, United States Code, is amended by striking "January 31, 1955" and inserting in lieu thereof "December 31, 1946". •SEC. 206. (a) Section 342 of title 38, United States Code, is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "those specified in section 322 of this title". (b) Section 343 of such title is hereby repealed. (c) The table of sections at the beginning of subchapter V of chapter 11 of title 38, United States Code, is amended by striking out the following:

183

Death compensation, increase.

Repeal.

"343. Conditions under which wartime rates are payable.".

SEC. 207. (a) The Administrator of Veterans' Affairs shall make a study.e 301 38 u s detailed study of claims for dependency and indemnity compensation note. relating to veterans, as defined in section 101(2), title 38, United States Code, who at time of death within six months prior to the date of enactment of this Act were receiving disability compensation from the Veterans' Administration based upon a rating total and permanent in nature. (b) The report of such study shall include (1) the number of the Report. described cases, (2) the number of cases in which the specified benefit was denied, (3) an analysis of the reasons for each such denial, (4) an analysis of any difficulty which may have been encountered by the claimant in attempting to establish that the death of the veteran concerned was connected with his or her military, naval, or air service in the Armed Forces of the United States, and (5) data regarding the current financial status of the widow, widower, children, and parents in each case of denial. (c) The report together with such commeirfs and recommendations talReport, submitto Speaker of as the Administrator deems appropriate shall be submitted to the the House and Sjjeaker of the House and the President of the Senate not more than gg^g'^^^"' °^ *^ thirty days after the beginning of the Ninety-fourth Congress. TITLE III — P A Y M ENT OF B E N E F I T S TO P E R S O N S UNDER LEGAL DISABILITY SEC. 301. (a) Subsection (a) of section 320^©f title 38, United States Code, is amended to read as follows: " (a) Where it appears to the Administrator that the interest of the beneficiary would be served thereby, payment of benefits under any

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2c. 36

(4) The information—
 * (a) in respect of which the applicant is to be informed under subsection (1)(a), or
 * (b) which is to be communicated under subsection (1)(b),

is the information in question held at the time when the request is received, except that account may be taken of any amendment or deletion made between that time and the time when the information is to be communicated under subsection (1)(b), being an amendment or deletion that would have been made regardless of the receipt of the request.

(5) A public authority is to be taken to have complied with subsection (1)(a) in relation to any information if it has communicated the information to the applicant in accordance with subsection (1)(b).

(6) In this Act, the duty of a public authority to comply with subsection (1)(a) is referred to as “the duty to confirm or deny”.

2.—(1) Where any provision of Part II states that the duty to confirm or deny does not arise in relation to any information, the effect of the provision is that where either—
 * (a) the provision confers absolute exemption, or
 * (b) in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the public authority holds the information,

section 1(1)(a) does not apply.

(2) In respect of any information which is exempt information by virtue of any provision of Part II, section 1(1)(b) does not apply if or to the extent that—
 * (a) the information is exempt information by virtue of a provision conferring absolute exemption, or
 * (b) in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(3) For the purposes of this section, the following provisions of Part II (and no others) are to be regarded as conferring absolute exemption—
 * (a) section 21,
 * (b) section 23,
 * (c) section 32,
 * (d) section 34,
 * (e) section 36 so far as relating to information held by the House of Commons or the House of Lords,
 * (f) in section 40—
 * (i) subsection (1), and
 * (ii) subsection (2) so far as relating to cases where the first condition referred to in that subsection is satisfied by virtue of subsection (3)(a)(i) or (b) of that section,
 * (g) section 41, and
 * (h) section 44.

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text: Dictionary of National Biography, 1885-1900/Bannard, John


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^^P^^^-

38 USC 3202.

note,"i^7oi^ioie. 3202' note. '

PUBLIC LAW 93-296-MAY 31, 1974

[88 STAT.

law administered by the Veterans' Administration may be made directly to the beneficiary or to a relative or some other person for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. Where, in the opinion of the Administrator, any fiduciary receiving funds on behalf of a Veterans' Administration beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Administrator may refuse to make future payments in such cases as he may deem proper." (b) Subsection (c) of section 3202 of title 38, United States Code, is amended by deleting the phrase "guardian, curator, conservator, or other person legally vested with the care of the claimant or his estate", following the word "any" and inserting "fiduciary or other person for the purpose of payment of benefits payable under laws administered by the Veterans' Administration" and by deleting the word "estates" and inserting the word "benefits". (c) Subsection (e) of section 3202 of title 38, United States Code, is amended by deleting the phrase "guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate," following the words "hands of a", and inserting in lieu thereof the words "fiduciary appointed by a State court or the Veterans' Administration" and by deleting the phrase "guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate", following the word "such", and inserting in lieu thereof the word "fiduciary". (d) Subsections (f) and (g) of section 3202 of title 38, United States Code, are hereby repealed. SEC. 302. Subsection (a)(4) of section 1701 of title 38, United States Code, is amended to read as follows: "(4) The term 'guardian' includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person.". TITLE IV—EFFECTIVE DATES SEC. 401. The provisions of this Act shall become effective on May 1, 1974, except that title III shall become effective on the first day of the second calendar month following enactment. Approved May 31, 1974. Public Law 93-296

May 31, 1974 LS. 775]

Research on Aging Act of 42 USC 289k-2

"°42 USC 289k-2 note.

AN ACT rp(j amend the Public Health Service Act to provide for the establishment of a National Institute on Aging. Be it enacted by the Senate and House of Representatives of the United States of America in Conqress assembled, SECTION 1. This Act may be cited as the "Research on Aging Act of 1974".

SEC. 2. The Cougross fiuds and dcclarps that— (1) the study of the aging process, the one biological condition coipmon to all, has not received research support commensurate with its effects on the lives of every individual; (2) in addition to the physical infirmities resulting from advanced age, the economic, social, and psychological factors associated with aging operate to exclude millions of older Americans

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PUBLIC LAW 93-296-MAY 31, 1974

from the full life and the place in our society to which their years of service and experience entitle them; (3) recent research efforts point the way toward alleviation of the problems of old age by extending the healthy middle years of life; (4) there is no American institution that has undertaken comprehensive systematic and intensive studies of the biomedical and behavioral aspects of aging and the related training of necessary personnel; (5) the establishment of a National Institute on Aging within the National Institutes of Health will meet the need for such an institution. SEC. 3. Title IV of the Public Health Service Act is amended by adding at the end thereof the following new part:

185

Ante, p. 135.

"PART H — N A T I O N A L INSTITUTE ON ACXING "ESTABLISHMENT OF NATIONAL INSTITUTE ON AGING

"SEC. 461. The Secretary shall establish in the Service an institute to be known as the National Institute on Aging (hereinafter in this part referred to as the 'Institute') for the conduct and support of biomedical, social, and behavioral research and training related to the aging process and the diseases and other special problems and needs of the aged. "NATIONAL

ADVISORY

COUNCIL

ON

42 USC 289k-2.

AGING

"SEC. 462. (a) The Secretary shall establish a National Advisory Council on Aging to advise, consult with, and make recommendations to him on programs relating to the aged which are administered by him and on those matters which relate to the Institute. "(b) The provisions relating to the composition, terms of office of members, and reappointment of members of advisory councils under section 432(a) shall be applicable to the Advisory Council established under this section, except that (1) the Secretary may include on such Advisory Council such additional ex officio members as he deems necessary, and (2) the Secretary shall appoint to the Council leading medical or scientific authorities skilled in aspects of the biological and the behavioral sciences related to aging. "(c) Upon appointment of such Advisory Council, it shall assume all, or such part as the Secretary may specify, of the duties, functions, and powers of the National Advisory Health Council relating to programs for the aged with which the Advisory Council established under this part is concerned and such portion as the Secretary may specify of the duties, functions, and power's of any other advisory council established under this Act relating to programs for the aged.

42 USC^2Tk"3'

" ^ use 289b. ^

"FUNCTIONS

"SEC. 463. (a) The Secretary (1) shall, through the Institute, carry out the purposes of section 301 with respect to research investigations, experiments, demonstrations, and studies related to the aging process and the diseases and other special problems and needs of the aged, except that the Secretary shall determine the area in which and the extent to which he will carry out such activities in furtherance of the

42 USC 289k-4. 42 USC 241.

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 186 42 USC 241.

Traineeships and f e l l o w s h i p s, establishment.

Expense allow-

Personnel, training.

Scientific studies.

Public information and education programs.

PUBLIC LAW 93-296-MAY 31, 1974

[88 STAT.

purposes of section 301 through the Institute or another institute established by or under other provisions of this Act, or both of them, when both such institutes have functions with respect to the same subject matter, and (2) shall be responsible for coordinating such activities so as to avoid unproductive and unnecessary overlap and duplication of such functions. The Secretary may also provide training and instruction and establish traineeships and fellowships, in the Institute and elsewhere, in matters relating to study and investigation of the aging process and the diseases and other special problems and needs of the aged. The Secretary may provide trainees and fellows participating in such training and instruction or in such traineeships and fellowships with such stipends and allowances (including travel and subsistence expenses and dependency allowances) as he deems necessary, and, in addition, provide for such training, instruction, traineeships, fellowships through grants to public or other nonprofit institutions. I n carrying out his health manpower training responsibilities under this Act or any other Act, the Secretary shall take appropriate steps to insure the education and training of adequate numbers of allied health, nursing, and paramedical personnel in the field of health care for the aged. "(b) The Secretary shall, through the Institute, conduct scientific studies to measure the impact on the biological, medical, and psychological aspects of aging of all programs and activities assisted or conducted by the Department of Health, Education, and Welfare. "(c) The Secretary, through the Institute, shall carry out public information and education programs designed to disseminate as widely as possible the findings of Institute-sponsored and other relevant aging research and studies and other information about the process of aging which may assist elderly and near-elderly persons in dealing withj and all Americans in understanding, the problems and processes associated with growing older. "RESEARCH PROGRAM

42 USC 289k-5.

Plan, transmittal to e o n g r e s s and P r e s i d e n t.

"SEC. 464. (a) The Secretary, in consultation with the Institute and the National Advisory Council on Aging and such other appropriate advisory bodies as he may establish, shall within one year after the effective date of this section develop a plan for a research program on aging designed to coordinate and promote research into the biological, medical, psychological, social, educational, and economic aspects of aging. Such program shall be carried out, as to research involving the functions of the Institute, primarily through the Institute, and as to other research shall be carried out through any other institute established by or under other provisions of this Act or through any appropriate agency or other organizational unit within the Department of Health, Education, and Welfare. " (b) Upon its completion, the plan for a research program on aging, required by subsection (a) of this section, shall be transmitted to the Congress and to the President and shall set forth the staffing and funding requirements to carry out such program." Approved May 31, 1974.

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PUBLIC LAW 93-297-JUNE 1, 1974

187

Public Law 93-297 AN ACT To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina.

June 1, 1974 [H. R. 6541]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary clarendon of the Interior is authorized and directed, in accordance with section 3 "^^e^raiinterof this Act, to convey by quitclaim deed to the present owner or owners ests, conveyance. of record all mineral interest of the United States in the following described lands in Clarendon County, South Carolina: All that piece, parcel, or tract of land lying, being, and situate a north corner iron being 152 feet south of the city limits of Manning, South Carolina, containing 10.4 acres of land and described as follows: Beginning at a point of the right-of-way of United States Highway 301 and running along United States Highway 301 north 58 degrees 45 minutes east 240.3 feet to a stake; thence south 31 degrees 15 minutes east 460 feet to a stake; thence north 58 degrees 45 minutes east 302.4 feet to a stake; thence north 27 degrees 48 minutes west 459.8 feet to a stake; thence north 59 degrees 12 minutes east 85.7 feet to a point of curve; thence north 60 degrees 5 minutes east 32.5 feet to a stake; thence south 29 degrees 50 minutes east 150 feet to a stake; thence north 60 degrees 10 minutes east 194.8 feet to a stake; thence south 46 degrees 55 minutes east 219.2 feet to a stake; thence south 16 degrees 6 minutes west 123 feet to a point of curve; thence south 8 degrees 4 minutes east 125.6 feet to a point of curve; thence south 12 degrees 37 minutes east 106.3 feet to a point of curve; thence south 20 degrees 22 minutes west 105.7 feet to a point of curve; thence south 44 degrees 28 minutes west 124.7 feet to a point of curve; thence south 37 degrees 25 minutes west-114.9 feet to a point of curve; thence south 32 degrees 39 minutes west 88.6 feet to a point of curve; thence south 22 degrees 22 minutes west 136.1 feet to a stake; thence north 38 degrees 58 minutes west 149 feet to a point of curve; thence north 42 degrees 53 minutes west 190.7 feet to a point of curve; thence north 48 degrees 44 minutes west 93.5 feet to a point of curve; thence north 81 degrees 6 minutes west 114.9 feet to a point of curve; thence north 55 degrees 54 minutes west 110.1 feet to a point of curve; thence north 24 degrees 24 minutes west 135.4 feet to a point of curve; thence north 5 degrees 32 minutes west 86.6 feet to a point of curve; thence north 30 degrees 9 minutes west 171.5 feet to the point of beginning.

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text: Dictionary of National Biography, 1885-1900/Bannatyne, George


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Administrative c o s t s, payment.

Application, filing date.

"Administrative costs."

PUBLIC LAW 93-298-JUNE 1, 1974

[88 STAT.

Said tract of land bounded as follows: Noith by United States Highway 301 and the lands of the San-Man Inn of Manning Incorj3orated; east by the lands of M. R. Webster and of J. K. Breedin; south and west by the lands now or formerly of Anna and John R. Stewart. For a more particular description of said land, a comparison may be had of a plat made by W. B. Sykes, surveyor, dated March 16,19'51, and recorded in plat book 14 at page 39 in the Office of the Clerk of Court for Clarendon, a plat made by W. B. Sykes, surveyor, on November 16, 1960, and recorded in plat book 16 at page 157 in the Office of the Clerk of Court for Clarendon County, and a plat made by W. B. Sykes, surveyor, dated December 29, 1961, and recorded in plat book 17 at page 31 in the Office of the Clerk of Court for Clarendon County. SEC. 2. The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess. SEC. 3. No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess. SEC. 4. The term "administrative costs" as used in this Act, includes, but is not limited to, all costs of (1) conducting such exploratory programs as the Secretary of the Interior deems necessary to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory programs to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance. SEC. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the mineral or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts. Approved June 1, 1974. Public Law 93-298

June 1.1974 [S.2835]

Lyndon B. J o h n s o n Civilian Conservation Corps Center and Lyndon B. Johnson National Grasslands. Designation.

AN ACT To rename the first Civilian Conservation Corps Center located near Franklin, North Carolina, and the Cross Timbers National Grasslands in Texas in honor of former President Lyndon B. Johnson.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first Civilian Conservation Corps Center, known as the Arrowood Civilian Conservation Corps Center, located near Franklin, North Carolina, is redesignated as the Lyndon B. Johnson Civilian Conservation Corps Center, and the Cross Timbers National Grasslands, located in Wise and Montague Counties, Texas, is redesignated as the Lyndon B. Johnson National Grasslands.

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PUBLIC LAW 93-299-JUNE 1, 1974

189

SEC. 2. Any law, regulation, document, map, or record of the United States in which reference is made to the Arrowood Civilian Conservation Corps Center or to the Cross Timbers National Grasslands shall be held and considered to be a reference to the Lyndon B. Johnson Civilian Conservation Corj)S Center and the Lyndon B. Johnson National Grasslands, respectively. Approved June 1, 1974. Public Law 93-299 AN ACT To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed, in accordance with section 8 of this Act, to convey by quitclaim deed to the present owner or owners of record all mineral interest of the United States in the following described lands in Clarendon County, South Carolina: All that piece, parcel, or tract of land, lying, being, and situate the north corner iron being on the south city limits of Manning, South Carolina, containing one lot of land of.6 acre and described as follows: Beginning at a point on the right-of-way of the United States Highway 301 and running along United States Highway 301 north 60 degrees 10 minutes east 152 feet to a stake; thence south 45 degrees 46 minutes each 156 feet along the south city limits of Manning, South Carolina, to a stake; thence south 60 degrees 10 minutes west 194.8 feet to a stake; thence north 29 degrees 50 minutes west 150 feet to the point of beginning. Said tract of land bounded as follows: North by United States Highway 301; east by the lands of J. K. Breedin; south and west by the lands of B. F. H i l l. For a more particular description of said land reference may be had to a plat made by W. B. Sykes, surveyor, on December 29, 1961, and recorded in plat book 17 at page 31 in the Office of the Clerk of Court for Clarendon County. SEC. 2. The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess. SEC. 3. No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of apjjroval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess. SEC. 4. The term "administrative costs" as used in this Act, includes, but is not limited to, all costs of (1) conducting such exploratory programs as the Secretary of the Interior deems necessary to determine the character of the mineral deposits in the land, (2) evaluating

June 1, 1974 [H. R. 6542]

Clarendon County, S.C. Mineral intere s t s, conveyance.

Ad minis trativ(3 c o s t s, payment.

Application, filing d a l e.

"Administrative costs."

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text: Dictionary of National Biography, 1885-1900/Bannatyne, William Macleod


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[88 STAT.

the data obtained under the exploratory programs to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance. SEC. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts. Approved June 1, 1974. Public Law 93-300 June 1, 1974 [H. R. 10942]

Migratory Bird Treaty Act, amendments.

U.S.-Japanese convention terms, addition.

Effective date. 16 USC 703 note.

AN ACT To amend the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended, to extend and adapt its provisions to the Convention between the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction and their environment, concluded at the city of Tokyo, March 4, 1972. Be it enacted by the Senate and House of Representatives of the United States of Ainerioa in Congress assembled, That section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended— (1) by striking out", or any part, nest, or ^gg of any such birds," and insert in lieu thereof ", any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof,"; (2) by striking out "and" immediately after "1916,"; and (3) by striking out the period at the end thereof and inserting in lieu thereof the following: ", and the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972.". SEC. 2. The title of the Migratory Bird Treaty Act is amended to read as follows: "An Act to give effect to the conventions between the United States and other nations for the protection of migratory birds, birds in danger of extinction, game mammals, and their environment.". SEC. 3. The amendments made by this Act shall take effect on the date on which the President proclaims the exchange of ratifications of the convention between the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment, concluded March 4, 1972, or on the date of the enactment of this Act, whichever date is later. Approved June 1, 1974. Public Law 93-301

June 1, 1974 [H. R. 1 0 2 8 4 ]

Marion County, Fla. Phosphate dep o s i t s, conveyance.

AN ACT To authorize the Secretary of the Interior to sell certain rights in the State of Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to convey to the record owner thereof, in accordance with section 3 of this Act, all right, title, and interest in phosphate deposits reserved to the United States in land

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191

PUBLIC LAW 93-302-JUNE 1, 1974

described as the northwest quarter of the southeast quarter of the northwest quarter, section 29, township 17 south, range 26 east, Ij^ing south of right-of-way of State road numbered 4:2; less the west thirty feet thereof, in Marion County, Florida. SEC. 2. The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the Administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess. SEC. 3. No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess. SEC, 4. The term "administrative costs", as used in this Act, includes, but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the phosphate deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the phosphate rights to be conveyed, and (3) preparing and issuing the instrument of conveyance. SEC. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the phosphate or phosphate interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts. Approved June 1, 1974.

Administrative costs, payments.

Application, filing date.

'Administrative

Public Law 93-302 AN ACT To authorize additional appropriations to carry out the Peace Corps Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) as precedes the first proviso thereof is amended to read as follows: "There are authorized to be appropriated for fiscal year 1975 not to exceed $82,256,000 to carry out the purposes of this Act:". SEC. 2. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by adding at the end thereof the following new subsections: "(c) In addition to the amounts authorized for fiscal year 1975, there are authorized to be appropriated for the Peace Corps for fiscal year 1975 not in excess of $1,000,000 for increases in salary, pay, retirement, or other employee benefits authorized by law. " (d) The Director of ACTION is authorized to transfer to the readjustment allowance, ACTION, account at the Treasury Department from any sums appropriated to carry out the purposes of this Act in fiscal year 1975 not to exceed $315,000 to rectify the imbalance in the Peace Corps readjustment allowance account for the period March 1, 1961, to February 28, 1973.

June 1, 1974 [H. R. 1 2 9 2 0 ]

P e a c e Corps Act, amendments

Salary i benefits, crease.

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text: Dictionary of National Biography, 1885-1900/Bannerman, Anne


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[88 STAT.

"(e) The Director of ACTION is authorized to waive claims resulting from erroneous payments of readjustment allowances to Peace Corps Volunteers who terminated their volunteer service between March 1, 1961, and February 28, 1973, notwithstanding the provisions of section 5584 of title 5, United States Code, and notwithstanding the fact that the names of the recipients of such overpayments may be unknown. "(f) Disbursing and certifying officers of the Peace Corps and ACTION are relieved from liability for improper or incorrect payments of readjustment allowances made to volunteers between March 1, 1961, and February 28, 1973, other than any cases known to have resulted from fraud, notwithstanding the provisions of the first section of the Act entitled 'An Act to provide permanent authority for the relief of certain disbursing officers, and for other purposes', approved August 11, 1955 (31 U.S.C. 82a-2), and of section 2 of the Act entitled 'An Act to fix the responsibilities of disbursing and certifyinar officers, and for other purposes', approved December 29, 1941 (31 U.S.C. 82c)." Approved June 1, 1974. Public Law 93-303 June 7, 1974 [s. 2844]

AN ACT r^Q amend the Land and W a t e r Conservation F u n d Act, as amended, to provide for collection of special recreation use fees at additional campgrounds, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Federal recrea- United Sttttes of AmeHca in Congress assembled, That section 4 of tion a r e a s ^" e s. the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), F e ^'"^^ as amended (16 U.S.C. 4601-6a), is further amended as follows; (a) The heading of the section is revised to read: "ADMISSION AND USE FEES; ESTABLISHMENT AND REGULATIONS".

(b) The second sentence of section 4(a) is amended to read: "No admission fees of any kind shall be charged or imposed for entrance into any other federally owned areas which are operated and maintained by a Federal agency and used for outdoor recreation purposes." (c) Subsection (a)(1) is revised to read: "(1) For admission into any such designated area, an annual admission permit (to be known as the Golden Eagle Passport) shall be available, for a fee of not more than $10. The permittee and any person accompanying him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse, children, and parents accompanying him where entry to the area is by any means other tlian private, noncommercial vehicle, shall be entitled to general admission into any area designated pursuant to this subsection. The annual permit shall be valid during the calendar year for which the annual fee is paid. The annual permit shall not authorize any uses for which additional fees are charged pursuant to subsections (b) and (c) of this section. The annual permit shall be nontransferable and the unlawful use thereof shall be punishable in accordance with regulations established pursuant to subsection (e). The annual permit shall be available for purchase at any such designated area."

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