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 138

Penalties.

Regulations.

Ante. p. 137.

38 USC 101 e^

seq

PUBLIC LAW 93-282-MAY 14, 1974

[88 STAT.

mining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. "(c) Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. " (d) The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient. "(e) The prohibitions of this section do not apply to any interchange of records— "(1) within the Armed Forces or within those components of the Veterans' Administration furnishing health care to veterans, or " (2) between such components and the Armed Forces. ''(f) Xny persou who violates any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense. " (g) The Dircctor of the Special Action Office for Drug Abuse Prevention, after consultation with the Administrator of Veterans' Affairs and the heads of other Federal departments and agencies substantially affected thereby, shall prescribe regulations to carry out the purposes of this section. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2) (C), as in the judgment of the Director are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.". (b)(1) Effective on the date specified in section 104 of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1104), the first sen^^^^,^ ^f section 408(g) of that Act (21 U.S.C. 1175) is amended by striking "Director of the Special Action Office for Drug Abuse Prevention" and inserting in lieu thereof "Secretary of Health, Education, and Welfare", and the second sentence of such section is amended by striking "Director" and inserting "Secretary" in lieu thereof. (2) Effective on the date specified in paragraph (1) of this subsection, section 408 of such Act is further amended by— (A) striking out "The" and inserting in lieu thereof "Except as provided in subsection (h) of this section, the" in the first sentence of subsection (g) of such section; and (B) adding at the end of such section the following new subsection: " (h) The Administrator of Veterans' Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe regulations making applicable the regulations established by the Secretary under subsection (g) of this section to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from drug abuse. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.".

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(c) The Administrator of Veterans' Affairs shall submit to the ^^^^°^^ \° ""^^ appropriate committees of the House of Representatives and the Sen- m'ltt^esr^ '^°"' ate a full report (1) on the regulations (including guidelines, policies, 21 USC 1175 and procedures thereunder) he has prescribed pursuant to section 408(h) of the Drug Abuse Office and Treatment Act of 1972, (2) Ante, p. 138. explaining the bases for any inconsistency between such regulations and the regulations of the Secretary of Health, Education, and Welfare under section 408(g) of that Act, (3) on the extent, substance, Ante, p. 137. and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Admin- ^^^^^'^%^'^°'}j^[' istrator shall submit such report not later than sixty days after the Federal Register. " °'° °"'° " effective date of the regulations prescribed by the Secretary under such section 408(g), and shall timely publish such report in the Federal Register. 21 (d) Any regulation under or with respect to section 408 of the Drug note. u s e 1175 Abuse Office and Treatment Act of 1972 (21 U.S.C. 1175) issued by the Director of the Special Action Office for Drug Abuse Prevention prior to the date specified in section 104 of that Act (21 U.S.C. 1104), whether before or after the enactment of this Act, shall remain in effect until revoked or amended by the Director or the Secretary of Health, Education, and Welfare, as the case may be. Approved May 14, 1974. Public Law 93-283 AN ACT To amend certain laws affecting the Coast Guard.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled., That title 14, United States Code, is amended as follows: (1) Section 83 is amended by inserting the words "in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States," between the word "navigation" and the word "without" in the first sentence thereof. (2) Section 85 is amended— (A) by deleting the words "on fixed structures" from the catchline; (B) by inserting the words "and floating" between the word "fixed" and the word "structures" in the first sentence thereof; (C) by deleting the word "navigable" between the word "over" and the word "waters" and by inserting the words "subject to the jurisdiction" between the word "waters" and the words "of the United States"; and (D) by adding the following words at the end of the first sentence thereof: "and in the high seas for structures owned or operated by persons subject to the jurisdiction of the United States". (3) Section 86 is amended by deleting the word "any" preceding the words "navigable waters" and substituting therefor the word "the" and by inserting the words "or waters above the continental shelf" between the words "navigable waters" and the words "of the United States" in the first sentence thereof.

May 14, 1974 [H. R. 9293]

Coast Guard.

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


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 140

14 USC 214.

14 USC 658.

PUBLIC LAW 93-283-MAY 14, 1974

[88 STAT.

(4) The analysis of chapter 5 is amended by deleting the words "on fixed structures" in item (section) 85. (5) The second sentence of snbsection (d) of section 214 is amended by changing the period at the end thereof to a comma and by adding the following to the sentence: "or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.". (6) Subsection (a) of section 283 is amended by inserting the words "has completed at least 20 years of active service or" between the word "he" and the word "is" in paragraph (3) thereof. (7) Section 285 is amended by inserting the words "he has completed at least 20 years of active service or is" between the word "if" and the word "eligible" in paragraph (1) thereof. (8) Section 288 is amended— (A) by deleting in subsection (a) the words "if not earlier retired," and substituting therefor the words "unless retired under some other provision of law,"; (B) by adding at the end of subsection (a) a new sentence as follows: "An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.". (9) Section 656 is amended— (A) by amending the catchline to read: "§ 656. Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters"; (B) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (C) by inserting a new subsection (a) as follows: " (a) Funds appropriated to or for the use of the Coast Guard for acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters shall remain available until expended.". (10) Chapter 17 is amended by adding the following new section after section 657: «§ g5g. Confidential investigative expenses "Not more than $15,000 per annum appropriated for necessary expenses for the operation of the Coast Guard shall be available for investigative expenses of a confidential character, to be expended on the approval or authority of the Commandant and payment to be made on his certificate of necessity for confidential purposes, and his determination shall be final and conclusive upon the accounting officers of the Government.". (11) The analysis of chapter 17 is amended— (A) by amending item (section) 656 to read: "656 Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters.";

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PUBLIC LAW 93-284-MAY 16, 1974

141

(B) by adding the following after item (section) 657: "658. Confidential investigative expenses.". (12) The last sentence of subsection (a) of section 760 is amended ^"^ use veo. by deleting therein the figure "$300" and substituting therefor the figure "$600". (13) Chapter 21 is amended by adding after section 764 the following new section: ^^ "sc res. " "To permit the enlistment of Reserve members without interruption of full-time schooling in which they are engaged, the four-month initial period of active duty for training requirement of subsection (d) of section 511 of title 10, United States Code, may be divided into two successive annual periods of not less than two months each.". • (14) The analysis of chapter 21 is amended— (A) by inserting the following after item (section) 764: "765. Enlistment of members engaged in schooling."; and (B) by inserting the following after item (section) 795: "796. Failure of selection for promotion. "797. Promotion; acceptance; oatn of office. "798. Rear admiral; maximum service in grade.". (15) Section 832 is amended by adding at the end thereof a new sentence as follows: "The performance of a specific duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary." SEC. 2. Paragraphs (5) and (8) of section 1 of this Act are effec- Effective dates. tive as of the original date of enactment of the sections thereby note. amended. SEC. 3. Subsection (a) of section 2683 of title 10, United States Code, is amended by deleting the words "of a military department" in the first sentence thereof and substituting therefor the word "concerned". Approved May 14, 1974, Public Law 93-284 AN ACT To name structure S-oA of the Central and Southern Florida Flood Control District, located in Palm Beach County, Florida, as the "W. Turner Wallis Pumping Station" in memory of the late W. Turner Wallis, the first secretarytreasurer and chief engineer for the Central and Southern Florida Flood Control District.
 * § 765. Enlistment of members engaged in schooling

^

ifi,07.

May 16, 1974

[s.2509]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That structure S-5A w. Turner of the Central r.nd Southern Florida Flood Control District, located Jtauo^n^pTi'.'"^ in Palm Beach County, Florida, shall be named the "W. Turner Wallis Designation. Pumping Station" in memory of the late W. Turner Wallis, the first secretary-treasurer and chief engineer of the Central and Southern Florida Flood Control District. SEC. 2. Any law, rule, regulation, document, map, or record of the United States in which reference is made to structure S-5A referred to in the first section of this Act shall be considered to be a I'eference to that structure by the name designated for the structure in the first section of this Act. Approved May 16, 1974.

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PUBLIC LAW 93-285-MAY 21, 1974

[88 STAT.

Public Law 93-285 May 21, 1974 [H. R. 5525]

Indians. Chippewa Cree Tribe of the Rocky B o y ' s Reservation, Mont. Mineral rights held in t r u s t.

30 USC 181 note. 25 USC 396a. L e a s e s, royalties.

Deposits.

Mineral l e a s e applications, rejections.

AN ACT To declare that certain mineral interests are held by the United States in trust for the Chippewa Cree Tribe of the Rocky Boy's Reservation, Montana.

Be it emacted by the Senate and House of Representatives of the United States of America i7i Congress assembled, That all right, title, and interest of the United States in minerals, including coal, oil, and gas, underlying lands held in trust by the United States for the Chippewa and Cree Indians of the Rocky Boy's Reservation and lands located within the legal subdivision described in the Act of March 28, 1939 (53 Stat. 552), are hereby declared to be held by the United States in trust for the Chippewa Cree Tribe of the Rocky Boy's Reservation, Montana: Provided, That all existing mineral leases, including oil and gas leases which may have been issued or approved by the Secretary of the Interior, or his authorized representative, pursuant to the Mineral Leasing Act of Februarv 25, 1920 (41 Stat. 443), as amended, or the Act of May 11, 1938 (52 Stat. 347), prior to the effective date of this Act, shall remain in force and effect in accordance with the provisions thereof. SKC. 2. All bonuses, rents, and royalties received by the Secretary of the Interior, or his authorized representative, from leases of lands identified in section 1 that were issued or approved by him and are now held in special deposits, and all such proceeds received from and after the effective date of this Act shall be deposited to the credit of the Chippewa Cree Tribe of the Rocky Boy's Reservation for such beneficial programs as may be determined by the Tribal Council of the Chippewa Cree Tribe. SEC. 3. All applications for mineral leases, including oil and gas leases, pursuant to the Mineral Leasing Act of February 25, 1920, covering any of the minerals referred to in section 1 hereof shall be rejected and the advance rental payments returned to the applicants. SEC. 4. This Act shall have no application to the north half northwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, southeast quarter southeast quarter, section 2 1; the southwest quarter southwest quarter, section 22; and the northwest quarter northeast quarter, northeast quarter northwest quarter, section 27 of township 29 north, range 14 east, and the north half southwest quarter, section 23 of township 30 north, range 15 east, M.M.; which lands have heretofore been patented to the State of Montana without reservation of minerals. Approved May 21, 1974. Public Law 93-286

May 21, 1974 [H. R. 5 0 3 5 ]

Spokane Indian Reservation, Wash. Nontaxable trust lands. 25 USC 487.

AN ACT To amend Public Law 90-335 (82 Stat. 174) relating to the purchase, sale, and exchange of certain lands on the Spokane Indian Reservation.

Be it enacted by ths Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the Act of June 10, 1968 (82 Stat. 174) is amended by deleting the proviso so that said subsection will read as follows: "(c) Title to lands, or any interests therein, acquired pursuant to this Act for the Spokane Tribe or individual enrolled members thereof, shall be taken in the name of the United States of America in trust for the tribe or individual Indian, and shall be nontaxable as other tribal and allotted Indian trust lands of the Spokane Reservation." Approved May 21, 1974.

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


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PUBLIC LAW 93-288-MAY 22, 1974

143

Public Law 93-287 AN ACT To authorize the Secretary of State or such officer as he may designate to conclude an agreement with the People's Republic of China for indemnification for any loss or damage to objects in the "Exhibition of the Archeological Finds of the People's Republic of China" while in the possession of the Government of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State or such officer as he may designate is authorized to conclude an agreement with the Government of the People's Republic of China for indemnification of such Government, in accordance Math the terms of the agreement, for any loss or damage suffered by objects in the exhibition of the archeological finds of the People's Republic of China from the time such objects are handed oA^er in Toronto, Canada, to a representative of the Government of the United States to the time they are handed over in Peking, China, to a representative of the Government of the People's Republic of China. Approved May 21, 1974.

May 21, 1974 [S.3304]

Exhibition of the Archeological Finds of the People's Republic of C h i n a. Indemnification agreement.

Public Law 93-288 AN ACT Entitled the "Disaster Relief Act Amendments of 1974" 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 "Disaster Relief Act of 1974".

May 22, 1974 [S.3062]

Disaster Relief

Act of 1974. 42 USC 5121

TITLE I—FINDINGS, DECLARATIONS, AND DEFINITIONS FINDINGS

AND

DECLARATIONS

SEC. 101. (a) The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. (b) I t is the intent of the Congress, by this Act, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—

42 USC 5121.

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 Rh embodied in Christianity—nay, often the very words of the Bible—to express ideas far less definite, far more rudimentary, and not to be properly understood save in connection with the rest of the tribal and racial culture. When, for instance, we read of "Our Father" or the "Father in Heaven," we do not think of a one-legged being, or of a star, or of a giant sitting on an earthly mountain, rooted to the rock. When we are referred to "Leviticus, passim," in connection with a requirement to obey the food restrictions, we are apt to imagine that these restrictions have to do with chewing the cud, and parting the hoof, with the permanent distinction between clean and unclean animals, whereas they are merely temporary taboos for ritual reasons peculiar to the myths and ceremonies of the Australian natives, and having little or no analogy to the Hebrew prohibitions. If we want really to understand the religious ideas of savages, we ought to be specially careful to translate them into words uncoloured by our own theological connotations. When we have once got a clear conception of the savage's ideas (not an easy thing to do), we can then fairly estimate their analogies with and differences from our own. But it darkens knowledge to begin by using words which mean one thing to us and another thing to the savage, even if he attach any definite meaning to them at all.

This brings me to another source of misconception—the use of definite words for indefinite ideas. I need not labour the point as against Mr. Lang, since he admits its justice and amends his verbiage. But the expressions of his authorities continue to perplex him. Accordingly, I want to suggest to him that it is always wise to discount exact statements, by travellers and other observers, of ideas only vaguely apprehended by the savage mind. These exact statements arise partly from carelessness or misunderstanding, but partly also from the infirmities of language, partly too from the difficulty experienced by the civilised


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PUBLIC LAW 93-288-MAY 22, 1974

[88 STAT.

(1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals. States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) providing a long-range economic recovery program for major disaster areas. DEFINITIONS

42 USC 5122.

gj,(.^ ^Q2. As uscd lu this Act— ^ (1) "Emergency" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster. (2) "Major disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands. (4) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, or the Trust Territory of the Pacific Islands. (5) "Governor" means the chief executive of any State. (6) "Local government" means (A) any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof. (7) "Federal agency" means any department, independent establishment. Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross.

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145

TITLE II—DISASTEE PEEPAREDNESS ASSISTANCE FEDERAL A N D STATE DISASTER PREPAREDNESS

PROGRAMS

SEC. 201. (a) The President is authorized to establish a program of '^^ use s u i. disaster preparedness that utilizes services of all appropriate agencies (including the Defense Civil Preparedness Agency) and includes— (1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4^ annual review of programs; (5) coordination of Federal, State, and local preparedness programs; (6) application of science and technology; (7) research. (b) The President shall provide technical assistance to the States Technical -I '

T

•

^

•

1

t

I ' l l

(•

assistance.

m developing comprehensive plans and practicable programs lor preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities. (c) Upon application by a State, the President is authorized to g^^j*^"'^'° make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from the date of enactment of this Act. Any State desiring staje pian^^subfinancial assistance under this section shall designate or create an ^enu agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall— (1) set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises. (d) The President is authorized to make grants not to exceed 50 per Grants, umitacentum of the cost of improving, maintaining and updating State dis- "°"^' aster assistance plans, except that no such grant shall exceed $25,000 per annum to any State. DISASTER

WARNINGS

SEC. 202. (a) The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials. (b) The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that ti mely and effective disaster warning is provided.

42 USC 5132.

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PUBLIC LAW 93-288-MAY 22, 1974

[88 STAT.

(c) The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2281(c)), or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters. (d) The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters. TITLE III—DISASTER ASSISTANCE ADMINISTRATION PROCEDUKES

42 USC 5141.

gj,(._ 3Q]^^ ^g^^ ^11 requests for a determination by the President that an emergency exists shall be made by the Governor of the affected State. Such request shall be based upon the Gx)vernor's finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. The Governor's request will furnish information describing State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor's request, the President may determine that an emergency exists which warrants Federal assistance. (b) All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such Governor's request shall be based upon a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of this request, and as a prerequisite to major disaster assistance under the Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan. H e shall furnish information on the extent and nature of State resources which have been or will be used to alleviate the conditions of the disaster, and shall certify that for the current disaster. State and local government obligations and expenditures (of which State commitments must be a significant proportion) will constitute the expenditure of a reasonable amount of the funds of such State and local governments for alleviating the damage, loss, hardship, or suffering resulting from such disaster. Based upon such Governor's request, the President may declare that a major disaster exists, or that an emergency exists. FEDERAL

42 USC 5142.

ASSISTANCE

gg(^ 302 (a) I n the interest of providing maximum mobilization of Federal assistance under this Act, the President shall coordinate, in such manner as he may determine, the activities of all Federal agencies

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text: Dictionary of National Biography, 1885-1900/Banks (fl.1588-1637)


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providing disaster assistance. The Pi-esident may direct any Federal agency, with or without reimbursement, to utilize its available personnel, equipment, supplies, facilities, and other resources including managerial and technical services in support of State and local disaster assistance efforts. The President may prescribe such rules and regula- Rules and tions as may be necessary and proper to carry out any of the provisions ^^^^ of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency as he may designate. (b) Any Federal agency charged vv-ith the administration of a Federal assistance program is authorized, if so requested by the applicant State or local authorities, to modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster. (c) Notwithstanding any other provision of law, any repair, restoration, reconstruction, or replacement of farm fencing damaged or destroyed as a result of any major disaster shall be considered an emergency conservation measure eligible for payments under chapter I of the Third Supplemental Appropriation Act, 1957, or any other 7i Stat. i76. provdsion of law. COORDINATING

OFFICERS

SEC. tOo. (a) Immediately upon his declaration of a major disaster, '*2 USC 5143. the President shall appoint a Federal coordinating officer to operate in the affected area. (b) In order to effectuate the purposes of this Act, the Federal coordinating officer, within the affected area, shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the President; (3) coordinate the administration of relief, including activities of the State and local governments, the American National Bed Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this Act shall limit or in any way affect the responsibilities of the American National Red Cross under the Act of January 5, 1905, as amended (33 Stat, 699); and ^^ use 1. (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. (c) When the President determines assistance under this Act is ^^^'« coordinecessary, he shall request that the Governor of the affected State des- "^''"^ officer. ignate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government.

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PUBLIC LAW 93-288-MAY 22, 1974

[88 STAT.

E M E R G E N C Y SUPPORT T E A M S

42 USC 5144.

SEC. 304. The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. EMERGENCY

42 USC 5145.

ASSISTANCE

gj,Q^ 305_ (^a) I n any emergency, the President may provide assistance to save lives and protect property and public health and safety. (b) The President may provide such emergency assistance by directing Federal agencies to provide technical assistance and advisory personnel to the affected State to assist the State and local governments in— (1) the performance of essential community services; warning of further risks and hazards; public information and assistance in health and safety measures; technical advice on management and control; and reduction of immediate threats to public health and safety; and (2) the distribution of medicine, food, and other consumable supplies, or emergency assistance. (c) I n addition, in any emergency, the President is authorized to provide such other assistance under this Act as the President deems appropriate. COOPERATION OF FEDERAL AGENCIES I N R E N D E R I N G DISASTER ASSISTANCE

42 USC 5146.

gjj(-;_ 306. (a) I n any major disaster or emergency. Federal agencies are hereby authorized, on the direction of the President, to provide assistance by— (1) utilizing or lending, with or without compensation therefor, to States and local governments, their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act; (2) distributing or rendering, through the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations, or otherwise, medicine, food and other consumable supplies, or emergency assistance; (3) donating or lending equipment and supplies, including that determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government, to State and local governments for use or distribution by them for the purposes of this Act; and

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(4) Performing on public or private lands or waters any emergency work or services essential to save lives and to protect and preserve property, public health and safety, including but not limited to: search and rescue, emergency medical care, emergency mass care, emergency shelter, and provisions of food, water, medicine, and other essential needs, including movement of supplies or persons; clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; provision of temporary facilities for schools and other essential community services; demolition of unsafe structures that endanger the public; warning of further risks and hazards; public information and assistance on health and safety measures; technical advice to State and local governments on disaster management and control; reduction of immediate threats to life, property, and public health and safety; and making contributions to State or local governments for the purpose of carrying out the provisions of this paragraph, (b) Work performed under this section shall not preclude additional Federal assistance under any other section of this Act. REIMBURSEMENT

SEC. 307. Federal agencies may be reimbursed for expenditures under this Act from funds appropriated for the purposes of this Act. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this Act shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.

^2 USC 5147,.

JSrONLIABILITY

SEC. 308. The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act. PERFORMANCE or

42 USC 5148.

SERVICES

SEC. 309. (a) I n carrying out the purposes of this Act, any Federal 42 USC 5149. agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or- employee thereof, with the consent of such government. (b) In performing any services under this Act, any Federal agency is authorized— (1) to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in com- s use 101 et petitive service; ^^^' (2) to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and s use sioi, (3) to incur obligations on behalf of the United States by ^^^^* contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional

38-194 O - 76 - 13 Pt. 1

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[88 STAT.

personnel, may be incurred by an agency in such amount as may be made available to it by the President. USE o r LOCAL FIRMS AND INDIVIDUALS 42 USC 5150.

SEC. 310. I n the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster. NONDISCRIMINATION IN DISASTER ASSISTANCE

42 USC 5151,

SEC. 311. (a) The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. (b) As a condition of participation in the distribution of assistance or supplies under this Act or of receiving assistance under section 402 or 404 of this Act, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts. USE AND COORDINATION OF RELIEF ORGANIZATIONS

42 USC 5152.

SEC. 312. (a) I n providing relief and assistance under this Act, the President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary. (b) The President is authorized to enter into agreements with the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this Act, and such other regulation as the President may require. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC HOUSING ASSISTANCE

42 USC 5153.

SEC. 313. (a) I n the processing of applications for assistance, priority and immediate consideration shall be given by the head of the appropriate Federal agency, during such period as the President shall

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prescribe, to applications from public bodies situated in areas affected by major disasters, under the following Acts: (1) title II of the Housing Amendments of 1955, or any other Act providing assistance for repair, construction, or extension of public facilities; (2) the United States Housing Act of 1937 for the provision of low-rent housing; (3) section 702 of the Housing Act of 1954 for assistance in public works planning; (4) section 702 of the Housing and Urban Development Act of 1965 providing for grants for public facilities; (5) section 306 of the Consolidated Farmers Home Administration Act; (6) the Public Works and Economic Development Act of 1965, as amended; (7) the Appalachian Regional Development Act of 1965, as amended; or (8) title II of the Federal Water Pollution Control Act, as amended. (b) In the obligation of discretionary funds or funds which are not allocated among the States or political subdivisions of a State, the Secretary of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects in major disaster areas in which a Recovery Planning Council has been designated pursuant to title VIII of the Public Works and Economic Development Act of 1965.

151

42

use

1491.

42

use

1430.

40

use

462.

42

use

3102.

7 USC 1926.

use

3121

40

use

app. 1

33

use

1281.

42 Jte

^°^*' P- ^^O.

INSURANCE

SEC. 314. (a)(1) An applicant for assistance under section 402 or 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary to protect against future loss to such property. (2) I n making his determination with respect to such availability, adequacy and necessity, the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. (b) No applicant for assistance under section 402 or 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, shall receive such assistance for any property or part thereof for which he has previously received assistance under this Act unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. (c) A State may elect to act as a self-insurer with respect to any or all of the facilities belonging to it. Such an election, if declared in writing at the time of accepting assistance under section 402 or 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, or subsequently, and accompanied by a plan for selfinsurance which is satisfactory to the President, shall be deemed compliance with subsection (a) of this section. No such self-insurer shall receive assistance under such sections for any property or part thereof for which it has previously received assistance under this Act, to the extent that insurance for such property or part thereof would have been reasonably available.

42 USC 5154. ^o^'' P- ^si*

'

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D U P L I C A T I O N OF B E N E F I T S

42 USC 5155.

gjgc^ 3i5_ (a) The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as the result of a major disaster, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program. (b) The President shall assure that no person, business concern, or other entity receives any Federal assistance for any part of a loss suffered as the result of a major disaster if such person, concern, or entity received compensation from insurance or any other source for that part of such a loss. Partial compensation for a loss or a part of a loss resulting from a major disaster shall not preclude additional Federal assistance for any part of such a loss not compensated otherwise. (c) Whenever the President determines (1) that a person, business concern, or other entity has received assistance under this Act for a loss and that such person, business concern or other entity received assistance for the same loss from another source, and (2) that the amount received from all sources exceeded the amount of the loss, he shall direct such person, business concern, or other entity to pay to the Treasury an amount, not to exceed the amount of Federal assistance received, sufficient to reimburse the Federal Government for that part of the assistance which he deems excessive. REVIEWS A N D REPORTS

C(!l^relV° 42 USC 5156.

^^^' ^^^' '^^^^ President shall conduct annual reviews of ties of Federal agencies and State and local governments disaster preparedness and assistance, in order to assure coordination and effectiveness of such programs, and shall to time report thereon to the Congress.

the activiproviding maximum from time

CRIMINAL AND CIVIL PENALTIES 42 USC 5157.

gj,(3_ ^I'j^ (^^^ j^j^y individual who fraudulently or willfully misstates any fact in connection with a request for assistance under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation. (b) Any individual who knowingly violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be subject to a fine in an amount equal to one and one-half times the original principal amount of the loan or cash benefit. AVAILABILITY OF MATERIALS

42 USC 5158.

gj,(3_ 3]^g_ "Yhe President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be imple-

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merited by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.

153

"Construction materials."

TITLE IV—FEDERAL DISASTER ASSISTANCE PROGRAMS FEDERAL

FACILITIES

SEC. 401. (a) The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval. (b) In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose. (c) In implementing this section. Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, m accordance with standards prescribed by the President.

42 USC 5171,

REPAIR A N D RESTORATION OP DAMAGED F A C I L I T I E S

SEC. 402. (a) The President is authorized to make contributions to State or local governments to help repair, restore, reconstruct, or replace public facilities belonging to such State or local governments which were damaged or destroyed by a major disaster. (b) The President is also authorized to make grants to help repair, restore, reconstruct, or replace private nonprofit educational, utility, emergency, medical, and custodial care facilities, including those for the aged or disabled, and facilities on Indian reservations as defined by the President, which were damaged or destroyed by a major disaster. (c) For those facilities eligible under this section which were in the process of construction when damaged or destroyed by a major disaster, the grant shall be based on the net costs of restoring such facilities substantially to their predisaster condition. (d) For the purposes of this section, "public facility" includes any publicly owned flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility, any non-Federal-aid street, road, or highway, any other public building, structure, or system including those used for educational or recreational purposes, and any park. (e) The Federal contribution for grants made under this section shall not exceed 100 per centum of the net cost of repairing, restoring, reconstructing, or replacing any such facility on the basis of the

42 USC 5172,.

' P u b l i c facility.

Limitation.

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design of such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications, and standards. (f) I n those cases where a State or local government determines that public welfare would not be best served by repairing, restoring, reconstructing, or replacing particular public facilities owned or controlled by that State or that local government which have been damaged or destroyed in a major disaster, it may elect to receive, in lieu of the contribution described in subsection (e) of this section, a contribution based on 90 per centum of the Federal estimate of the total cosl: of repairing, restoring, reconstructing, or replacing all damaged facilities owned by it within its jurisdiction. The cost of repairing, restoring, reconstructing, or replacing damaged or destroyed public facilities shall be estimated on the basis of the design of each such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications and standards. Funds contributed under this subsection may be expended either to repair or restore certain selected damaged public facilities or to construct new public facilities which the State or local government determines to be necessary to meet its needs for governmental services and functions in the disaster-affected area. DEBRIS

42 USC 5173.

-,

S'EC. 403. (a) The President, whenever he determines it to be in the public interest, is authorized— (1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and (2) to make grants to any State or local government for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters. (b) No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal. TEMPORARY

42 USC 5174,

REMOVAL

HOUSING

ASSISTANCE

SEC. 404. (a) The President is authorized to provide, either by purchase or lease, temporary housing, including, but not limited to, unoccupied habitable dwellings, suitable rental housing, mobile homes or other readily fabricated dwellings for those who, as a result of a major disaster, require temporary housing. During the first twelve months of occupancy no rentals shall be established for any such accommodations, and thereafter rentals shall be established, based upon fair market value of the accommodations being furnished, adjusted to take into consideration the financial ability of the occupant. Any mobile home or readily fabricated dwelling shall be placed on a site complete with utilities provided either by the State or local government, or by the owner or occupant of the site who was displaced by the major disaster, without charge to the United States. The President may authorize installation of essential utilities at Federal expense and he may elect to provide other more economical or accessible sites when he determines such action to be in the public interest.

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(b) The President is authorized to provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and families who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into prior to such disaster. Such assistance shall be provided for a period of not to exceed one year or for the duration of the period "' ' of financial hardship, whichever is the lesser. (c) In lieu of providing other types of temporary housing after a major disaster, the President is authorized to make expenditures for ' ' the purpose of repairing or restoring to a habitable condition owneroccupied private residential structures made uninhabitable by a major disaster which are capable of being restored quickly to a habitable condition with minimal repairs. No assistance provided under this section may be used for major reconstruction or rehabilitation of damaged property. (d)(1) Notwithstanding any other provision of law, any temporary housing acquired by purchase may be sold directly to individuals and families who are occupants of temporary housing at prices that are fair and equitable, as determined by the President. (2) The President may sell or otherwise make available temporary • housing units directly to States, other governmental entities, and voluntary organizations. The President shall impose as a condition of. Nondiscriminatransfer under this paragraph a covenant to comply with the provisions of section 311 of this Act requiring nondiscrimination in occupancy of such temporary housing units. Such disposition shall be limited to units purchased under the provisions of subsection (a) of this section and to the purposes of providing temporary housing for disaster victims in emergencies or in major disasters. PROTECTION OF E N VI R O N M E N T

SEC. 405. No action taken or assistance provided pursuant to sec- 42 USC sirs. tions 305, 306, or 403 of this Act, or any assistance provided pursuant to section 402 or 419 of this Act that has the effect of restoring facilities substantially as they existed prior to the disaster, shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852). Nothing in this section shall alter or 42 USC 4321 affect the applicability of the National Environmental Policy Act of "°*^" 1969 (83 Stat. 852) to other Federal actions taken under this Act or under any other provision of law. MINIMUM

STANDARI>S EOR P U B L I C AND PRIVATE

STRUCTURES

SEC. 406. As a condition of any disaster loan or grant made under the provisions of this Act, the recipient shall agree that any repair or construction to be financed therewith shall be in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards, and shall furnish such evidence of compliance with this section as may be required by regulation. As a further condition of any loan or grant made under the provisions of this Act, the State or local government shall agree that the natural hazards in the areas in which the proceeds of the grants or loans are to be used shall be evaluated and appropriate action shall be taken to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed or

" ^ use si76. ^

Natural hazards, evaluation.

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approved by the President after adequate consultation with the appropriate elected officials of general purpose local governments, and the State shall furnish such evidence of compliance with this section as may be required by regulation. UNEMPLOYMENT ASSISTANCE 42 USC 5177.

Time limitation.

Agreement with States. Remployment assistance services.

SEC. 407. (a) The President is authorized to provide to any individual unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such individual is unemployed. Such assistance as the President shall provide shall be available to an individual as long as the individual's unemployment caused by the major disaster continues or until the individual is reemployed in a suitable position, but no longer than one year after the major disaster is declared. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the disaster occurred, and the amount of assistance under this section to any such individual for a week of unemployment shall be reduced by any amount of unemployment compensation or of private income protection insurance compensation available to such individual for such week of unemployment. The President is directed to provide such assistance through agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies. (b) The President is further authorized for the purposes of this Act to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster. INDIVIDUAL AND FAMILY GRANT PROGRAMS

42 USC 5178.

Federal share.

Advances.

Limitation.

Regulations.

Administration expenses, limitation. Effective date. 42 USC 5178 note.

SEC. 408. (a) The President is authorized to make a grant to a State for the purpose of such State making grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster in those cases where such individuals or families are unable to meet such expenses or needs through assistance under other provisions of this Act, or from other means. The Governor of a State shall administer the grant program authorized by this section. (b) The Federal share of a grant to an individual or a family under this section shall be equal to 75 per centum of the actual cost of meeting such an expense or need and shall be made only on condition that the remaining 25 per centum of such cost is paid to such individual or family from funds made available by a State. Where a State is unable immediately to pay its share, the President is authorized to advance to such State such 25 per centum share, and any such advance is to be repaid to the United States when such State is able to do so. No individual and no family shall receive any grant or grants under this section aggregating more than $5,000 with respect to any one major disaster. (c) The President shall promulgate regulations to carry out this section and such regulations shall include national criteria, standards, and procedures for the determination of eligibility for grants and the administration of grants made under this section. (d) A State may expend not to exceed 3 per centum of any grant made by the President to it under subsection (a) of this section for expenses of administering grants to individuals and families under this section. (e) This section shall take effect as of April 20, 1973.

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157

FOOD COUPONS A N D D I S T R I B U T I O N

SEC. 409. (a) Whenever the President determines that, as a result '^^ ^^^ ^^^^• of a major disaster, low-income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture or other appropriate agencies coupon allotments to such households pursuant to the provisions of the Food Stamp Act of 1964 (P.L. 91-671; 84 Stat. 2048) and to make surplus com- JJ^c 2011 raodities available pursuant to the provisions of this Act. (b) The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such coupon allotments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning power of the households, to which assistance is made available under this section. (c) ISTothing in this section shall be construed as amending or otherwise changing the provisions of the Food Stamp Act of 1964 except as they relate to the availability of food stamps in an area affected by a major disaster. FOOD COMMODITIES

SEC. 410. (a) The President is authorized and directed to assure jg^^^'"^^"''^ ""^^^ that adequate stocks of food will be ready and conveniently available 42 USC 51 so. for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emergency. (b) The Secretary of Agriculture shall utilize funds appropriated under section 32 of"^the Act of August 24, 1935 (7 U.S.C. 612c), to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area. RELOCATION

ASSISTANCE

SEC. 411. Notwithstanding any other provision of law, no person ^2 USC sisi., otherwise eligible for any kind of replacement housing payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) shall be denied such eligibility as J^l^^^^ ^^°^ a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act. LEGAL SERVICES

SEC. 412. Whenever the President determines that low-income individuals are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this Act, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations. CRISIS C O U N S E L I N G ASSISTANCE A N D

'^^ ^^'^ ^^^^'

TRAINING

SEC. 413. The President is authorized (through the National Institute of Mental Health) to provide professional counseling services, including financial assistance to State or local agencies or private inental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath.

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COMMUNITY DISASTER LOANS Loans to local governments. 42 USC 5184.

Repayment.

31 USC 1261 and note. 31 USC 1264.

Ante, p. 146. Effective date. 31 USC 1264 note.

SEC. 414. (a) The President is authorized to make loans to any local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions. The amount of any such loan shall be based on need, and shall not exceed 25 per centum of the annual operating budget of that local government for the fiscal year in which the major disaster occurs. Repayment of all or any part of such loan to the extent that revenues of the local government during the three full fiscal year period following the major disaster are insufiicient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled. (b) Any loans made under this section shall not reduce or otherwise affect any grants or other assistance under this Act. (c)(1) Subtitle C of title I of the State and Local Fiscal Assistance Act of 1972 (P.L. 92-512; 86 Stat. 919) is amended by adding at the end thereof the following new section: "SEC. 145. ENTITLEMENT FACTORS AFFECTED BY MAJOR DISASTERS.

" I n the administration of this title the Secretary shall disregard any change in data used in determining the entitlement of a State government or a unit of local government for a period of 60 months if that change— "(1) results from a major disaster determined by the President under section 301 of the Disaster Relief Act of 1974, and " (2) reduces the amount of the entitlement of that State government or unit of local government.". (2) The amendment made by this section takes effect on April 1, 1974. EMERGENCY COMMUNICATIONS

42 USC 5185.

SEC. 415. The President is authorized during, or in anticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate. EMERGENCY PUBLIC TRANSPORTATION

42 USC 5186.

SEC. 416. The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. FIRE SUPPRESSION GRANTS

42 USC 5187.

SEC. 417. The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster. TIMBER SALE CONTRACTS

Cost-sharing. 42 USC 5188.

SEC. 418. (a) Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber

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purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States. (b) If the appropriate Secretary determines that damages are so contract cancelgreat that restoration, reconstruction, or construction is not practical ^^*^°"' under the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein. (c) The Secretary of Agriculture is authorized to reduce to seven saie of timber, days the minimum period of advance public notice required by the "°*^''^* first section of the Act of June 4, 1897 (16 U.S.C. 476), in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber. (d) The President, when he determines it to be in the public interest, is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber. IN-LIEU CONTRIBUTION

SEC. 419. In any case in which the Federal estimate of the total cost of (1) repairing, restoring, reconstructing, or replacing, under section 402, all damaged or destroyed public facilities owned by a State or local government within its jurisdiction, and (2) emergency assistance under section 306 and debris removed under section 403, is less than $25,000, then on application of a State or local government, the President is authorized to make a contribution to such State or local government under the provisions of this section in lieu of any contribution to such State or local government under section 306, 402, or 403. Such contribution shall be based on 100 per centum of such total estimated cost, which may be expended either to repair, restore, reconstruct, or replace all such damaged or destroyed public facilities, to repair, restore, reconstruct, or replace certain selected damaged or destroyed public facilities, to construct new public facilities which the State or local government determines to be necessary to meet its needs for governmental services and functions in the disaster-affected area, or to undertake disaster work as authorized in section 306 or 403. The cost of repairing, restoring, reconstructing, or replacing damaged or destroyed public facilities shall be estimated on the basis of the design of each such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications and standards.

^2 USC 5i89. '

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[88 STAT.

TITLE V—ECONOMIC K E C O V E E Y FOR D I S A S T E R A R E A S AMENDMENT TO PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 19 6 5

nole ^^*^ ^^^^

SEC. 501. The Public Works and Economic Development Act of 1965, as amended, is amended by adding at the end thereof the following new title: "TITLE VIII—ECONOMIC RECOVERY FOR AREAS

DISASTER

"PURPOSE OF TITLE

42 USC 3231.

''Major disasAnte, p. 143.

"SEC. 801. (a) I t is the purpose of this title to provide assistance for the economic recovery, after the period of emergency aid and replacement of essential facilities and services, of any major disaster area which has suffered a dislocation of its economy of sufficient severity to require (1) assistance in planning for development to replace that lost in the major disaster; (2) continued coordination of assistance available under Federal-aid programs; and (3) continued assistance toward the restoration of the employment base. " (b) J^Q uscd lu this title, the term 'major disaster' means a major disaster declared by the President in accordance with the Disaster j^glief Act of 1974. "DISASTER RECOVERY PLANNING

ning cTuncir^"' "SEC. 802. (a)(1) l u the case of any area affected by a major disaster designation.' the Governor may request the President for assistance under this title. 42 USC 3232. j j ^ ^ Governor, within thirty days after authorization of such assistance by the President, shall designate a Recovery Planning Council for such area or for each part thereof. Membership. a^2) Such Rccovcry Planning Council shall be composed of not less than five members, a majority of whom shall be local elected officials of political subdivisions within the affected areas, at least one representative of the State, and a representative of the Federal Government appointed by the President in accordance with paragraph (3) of this subsection. During the major disaster, the Federal coordinating officer shall also serve on the Recovery Planning Council. "(3) The Federal representative on such Recovery Planning Council may be the Chairman of the Federal Regional Council for the affected area, or a member of the Federal Regional Council designated by the Chairman of such Regional Council. The Federal representative on such Recovery Planning Council may be the Federal Cochairman of the Regional Commission established pursuant to title 42 USC 3181, V of this Act, or the Appalachian Regional Development Act of 1965, 40 USC app. 1, or his designee, where all of the area affected by a major disaster is within the boundaries of such Commission. "(4) The Governor may designate an existing multijurisdictional organization as the Recovery Planning Council where such organization complies with paragraph (2) of this subsection with the addition of State and Federal representatives except that if all or part of an area affected by a major disaster is within the jurisdiction of an existing multi jurisdictional organization established under title IV of 42 USC 3161. this Act or title III of the Appalachian Regional Development Act of 30^1° ^^^ ^^^' 1965, such organization, with the addition of State and Federal representatives in accordance with paragraph (2) of this subsection, shall be designated by the Governor as the Recovery Planning Council. I n

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text: Dictionary of National Biography, 1885-1900/Banks, John (fl.1696)


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any case in which such title III or IV organization is designated as the Recovery Planning Council under this paragraph, some local elected officials of political subdivisions within the affected areas must be appointed to serve on such Recovery Planning Council. Where possible, the organization designated as the Recovery Planning Council shall be or shall be subsequently designated as the appropriate agency required by section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U. S J C. 3334) and by the Intergovernmental Cooperation Act of 1968 (P.L. 90-577; 82 Stat. 1098). "(5) The Recovery Planning Council shall include private citizens as members to the extent feasible, and shall provide for and encourage public participation in its deliberations and decisions. "(b) The Recovery Planning Council (1) shall review existing plans for the affected area; and (2) may recommend to the Governor and responsible local governments such revisions as it determines necessary for the economic recovery of the area, including the development of new plans and the preparation of a recovery investment plan for the 5-year period following the declaration of the major disaster. The Recovery Planning Council shall accept as one element of the recovery investment plans determinations made under section 402(f) of the Disaster Relief Act of 1974. "(c)(1) A recovery investment plan prepared by a Recovery Planning Council may recommend the revision, deletion, reprograming, or additional approval of Federal-aid projects and programs within the area— " (A) for which application has been made but approval not yet granted; " (B) for which funds have been obligated or approval granted but construction not yet begun; " (C) for which funds have been or are scheduled to be apportioned within the five years after the declaration of the disaster; " (D) which may otherwise be available to the area under any State schedule or revised State schedule of priorities; or " (E) which may reasonably be anticipated as becoming available under existing programs. "(2) Upon the recommendation of the Recovery Planning Council and the request of the Governor, any funds for projects or programs identified pursuant to paragraph (1) of this subsection may, to any extent consistent with appropriation Acts, be placed in reserve by the responsible Federal agency for use in accordance with such recommendations. Upon the request of the Governor and with the concurrence of affected local governments, such funds may be transferred to the Recovery Planning Council to be expended in the implementation of the recovery investment plan, except that no such transfer may be made unless such expenditure is for a project or program for which such funds originally were made available by an appropriation Act.

40 USC a p p. 301, 401.

42 USC 4201 note.

Ante, p. 153. Recovery investment p l a n.

Reserve funds

Transfer of funds.

"PUBLIC WORKS AND DEVELOPMENT FACILITIES GRANTS AND LOANS

"SEC. 803. (a) The President is authorized to provide funds to any Recovery Planning Council for the implementation of a recovery investment plan by public bodies. Such funds may be used— "(1) to make loans for the acquisition or development of land and improvements for public works, public service, or development facility usage, including the acquisition or development of parks or open spaces, and the acquisition, construction, rehabilitation, alteration, expansion, or improvement of such facilities, including related machinery and equipment, and

42 USC 3233.

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Interest rate.

PUBLIC LAW 93-288-MAY 22, 1974

[88 STAT.

"(2) to make supplementary grants to increase the Federal share for projects for which funds are reserved pursuant to subsection (c)(2) of section 802 of this Act, or other Federalaid projects in the affected area. " (b) Grants and loans under this section may be made to any State, local government, or private or public nonprofit organization representing any area or part thereof affected by a major disaster. "(c) No supplementary grant shall increase the Federal share of the cost of any project to greater than 90 per centum, except in the case of a grant for the benefit of Indians or Alaska Natives, or in the case of any State or local government which the President determines has exhausted its effective taxing and borrowing capacity. " (d) Loans under this section shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest oneeighth of 1 per centum, less 1 per centum per annum. "(e) Financial assistance under this title shall not be extended to assist establishments relocating from one area to another or to assist subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts therefore customarily performed by them. Such limitations shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity if the Secretary of Commerce finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment of the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations. a LOAN GUARANTEES

42 USC 3234.

Limitation.

"SEC. 804. The President is authorized to provide funds to ReooA^ery Planning Councils to guarantee loans made to private borrowers by private lending institutions (1) to aid in financing any project within an area affected by a major disaster for the purchase or development of land and facilities (including machinery and equipment) for industrial or commercial usage including the construction of new buildings, and rehabilitation of abandoned or unoccupied buildings, and the alteration, conversion, or enlargement of existing buildings; and (2) for working capital in connection with projects in areas assisted under paragraph (1), upon application of such institution and upon such terms and conditions as the President may prescribe. No such guarantee shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan. a,TECHNICAL ASSISTANCE

42 USC 3235.

"SEC. 805. (a) In carrying out the purposes of this title the President is authorized to provide technical assistance which would be useful in facilitating economic recovery in areas affected by major disasters. Such assistance shall include project planning and feasibility studies, management and operational assistance, and studies evaluating the needs of, and developing potentialities for, economic recovery

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text:
Page:The Eurypterida of New York Volume 1.pdf/69

 tergites, as shown by uncompressed specimens [ pl. 20, fig. 8] and by the common observation that in compressed specimens the sternites protrude on both sides from under the tergites [ pl. 4, fig. 4]. Although there are but five sternites including the operculum corresponding to the six tergites of the preabdomen the former are relatively so much longer that they overlap each other with fully half their length.

The sternites, the operculum included, bore the branchiae. Woodward was the first to observe platelike appendages of the sternites in Pterygotus which he described as lamellae, and Laurie observed appendages of the sternites in Slimonia which he designated as "branchial lamellae." Holm found organs in Eurypterus corresponding to those described by Laurie, but considers them only as "Kiemenplatten" instead of "Kiemenblätter," or as oval spongy thickenings of the outside of the thin, soft membrane on the upper side of the sternite, which probably served as attachment places to the branchial lamellae. He has also observed detached bundles of two or three extremely thin superjacent leaves which he considers with doubt as possible branchial lamellae. The "Kiemenplatte" or "branchial plate" exhibits a very characteristic structure consisting of one or two trunk veins running parallel to the longitudinal extension of the plate and from which smaller branches proceed [see text fig. 22].

In our material we have frequently been able to see the impression of the "branchial plates" from the dorsal side, as in the fine specimen of Eusarcus [ pl. 29]. Detached branchial plates have also been observed


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163

of such areas. Such assistance may be provided by the President directly, through the payment of funds authorized for this title to other departments or agencies of the Federal Government, through the employment of private individuals, partnerships, firms, corporations, or suitable institutions, under contracts entered into for such purposes, or through grants-in-aid to appropriate public or private nonprofit State, area, district, or local organizations. " (b) The President is authorized to make grants to defray not to Grants for exceed 75 per centum of the administrative expenses of Recovery expens^es! '''^ Planning Councils designated pursuant to section 802 of this Act. In determining the amount of the non-Federal share of such costs or expenses, the President shall give due consideration to all contributions both in cash and in kind, fairly evaluated, including but not limited to space, equipment, and services. Where practicable, grantsin-aid authorized under this subsection shall be used in conjunction with other available planning grants, to assure adequate and effective planning and economical use of funds. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 806. There is authorized to be appropriated not to exceed $250,000,000 to carry out this title.".

42 USC 3236.

TITLE VI—MISCELLANEOUS •

AUTHORITY TO PRESCRIBE RULES

SEC. 601. The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency or agencies as he may designate.

42 USC 5201. KV;? o-i;?

TECHNICAL AMENDMENTS

SEC. 602. (a) Section 701(a)(3)(B) (ii) of the Housing Act of 1954 (40 U.S.C. 461(a)(3)(B) ( i i)) is amended to read as follows: "(ii) have suffered substantial damage as a result of a major disaster as declared by the President pursuant to the Disaster Relief Act of 1974;". (b) Section 8(b)(2) of the National Housing Act (12 U.S.C. 1706c (b)(2)) is amended by striking out of the last proviso "section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "sections 102(2) and 301 of the Disaster Relief Act of 1974". (c) Section 203(h) of the National Housing Act (12 U.S.C. 1709 (h)) is amended by striking out "section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "sections 102(2) and 301 of the Disaster Relief Act of 1974". (d) Section 221(f) of the National Housing Act (12 U.S.C. 17151 (f)) is amended by striking out of the last paragraph "the Disaster Relief Act of 1970" and inserting in lieu thereof "the Disaster Relief ?.:-. ^ Act of 1974". (e) Section 7(a)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress, as amended; 20 U.S.C. 241-1 (a)(1) (A)), is amended by striking out "pursuant to section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "pursuant to sections 102(2) and 301 of the Disaster Relief Act of 1974". ^"te, pp. 144, ^ '

146.

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text: Dictionary of National Biography, 1885-1900/Banks, John (1709-1751)


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Ante, 146.

PUBLIC LAW 93-288-MAY 22, 1974

pp, 144,

42 USC 4401 note.

[88 STAT.

(f) Section 16(a} of the Act of September 23, 1950 (79 Stat. 1158; 20 U.S.C. 646(a)) is amended by striking out "section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "sections 102 (2) and 301 of the Disaster Relief Act of 1974". (g) Section 408(a) of the Higher Education Facilities Act of 1963 (20 U.S.C. 758(a)) is amended by striking out "section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "sections 102(2) and 301 of the Disaster Relief Act of 1974". (h) Section 165(h) of the Internal Revenue Code of 1954, relating to disaster losses (26 U.S.C. 165 (h)) is amended by striking out "1970" and inserting in lieu thereof "1974". (i) Section 5064(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5064(a)), relating to losses caused by disaster, is amended by striking out "the Disaster Relief Act of 1970" and inserting in lieu thereof "the Disaster Relief Act of 1974". (j) Section 5708(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5708(a)), relating to losses caused by disaster, is amended by striking out "the Disaster Relief Act of 1970" and inserting in lieu thereof "the Disaster Relief Act of 1974". (k) Section 3 of the Act of June 30, 1954 (68 Stat. 330, as amended by 82 Stat. 1213; 48 U.S.C. 1681 nt.), is amended by striking out of the last sentence "section 102(1) of the Disaster Relief Act of 1970" and inserting in lieu thereof "sections 102(2) and 301 of the Disaster Relief Act of 1974". (1) Section 1820(f) of title 38, United States Code, is amended by striking "the Disaster Assistance Act of 1970" and inserting in lieu thereof "the Disaster Relief Act of 1974". (m) Whenever reference is made in any provision of law (other than this Act), regulation, rule, record, or document of the United States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act. R E P E A L OF E X I S T I N G

LAW

SEC. 603. The Disaster Relief Act of 1970, as amended (84 Stat. g42^u^sc^445i; 1744), is hereby repealed, except sections 231, 233, 234, 235, 236, 237, 42 USC 4453301, 302, 303, and 304. Notwithstanding such repeal the provisions of 4456. the Disaster Relief Act of 1970 shall continue in effect with respect to notfs^ 443Vnote. ^ny major disaster declared prior to the enactment of this Act. PRIOR ALLOCATION

42 USC 4401 86 Stat. 554.

note.

42 USC 5121

DATE

S E C 605. Except for section 408, this Act shall take effect as of April 1, 1974. AUTHORIZATION

42 USC 5202.

FUNDS

SEC. 604. Funds heretofore appropriated and available under Public L a ^ s 91-606, as amended, and 92-385 shall continue to be available for the purpose of providing assistance under those Acts as well as for the purposes of this Act. EFFECTIVE

note.

OP

OF

APPROPRIATIONS

QEC. 606. Except as provided by the amendment made by section 501, there are authorized to be appropriated to the President such sums as may be necessary to carry out this Act through the close of June 30, 1977. Approved May 22, 1974.

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Public Law 93-289 AN ACT To amend title 38, United States Code, to increase the maximum amount of Servicemen's Group Life Insurance to $20,000, to provide full-time coverage thereunder for certain members of the Reserves and National Guard, to authorize the conversion of such insurance to Veterans' Group Life Insurance, to authorize allotments from the pay of members of the National Guard of the United States for group life insurance premiums, and for other purposes.

May 24, 1974 [H. R.6574]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may veterans- insurbc cited as the "Veterans' Insurance Act of 1974". ^"3" us^c'723 SEC. 2. (a) That section 723 of title 38, United States Code, is note. amended as follows: (1) The catchline is amended to read as follows: "Veterans' Special Life Insurance". (2) Clause (4) of subsection (a) is amended to read as follows: "(4) all premiums and other collections on such insurance and any total disability provisions added thereto shall be credited to a revolving fund in the Treasury of the United States, which, together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums". (3) Clause (5) of subsection (b) is amended to read as follows: " (5) all premiums and other collections on insurance issued under this subsection and any total disability income provisions added thereto shall be credited directly to the revolving fund referred to in subsection (a) of this section, which together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums". (4) Subsections (d) and (e) are hereby repealed. Repeals, (b) The analysis of chapter 19 of title 38, United States Code, is amended by deleting "723. Veterans' special term insurance."

and inserting in lieu thereof the following: "723. Veterans' Special Life Insurance.". SEC. 3. Clause (5) of section 765 of title 38, United States Code, is amended to read as follows: "(5) The term 'member'means— " (A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy; " (B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which he may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty training that is creditable for retirement purposes under chapter 67 of title 10; " (C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who has not received the first increment of

"Member."

10 USC 1331.

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