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 182 "Vietnam era."

PUBLIC LAW 90-77-AUG. 31, 1967

[81 STAT.

«(29) The term 'Vietnam era' means the period beginning August 5, 1964, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress." ELIGIBILITY FOR P E N S I O N

72 Stat. 1136.

75^stat^*2it^-^' 78 Stat! 1095.

73 Stat. 434.

SEC, 202, (a) Subsection (a) of section 521 of title 38, United States Qode, is amended to read as follows: " (a) The Administrator shall pay to each veteran of World W a r I, World W a r II, the Korean conflict, or the Vietnam era, who meets the service requirements of this section, and who is permanently and totally disabled from non-service-connected disability not the result of the veteran's willful misconduct or vicious habits, pension at the rate prescribed by this section," ('^) Such section is further amended by amending subsection (g) to read as follows: ''(g) A veteran meets the service requirements of this section if he served in the active military, naval, or air service— " (1) for ninety days or more during either World W a r I, World W a r II, the Korean conflict, or the Vietnam era; " (2) during World W a r I, World W a r II, the Korean conflict, or the Vietnam era, and was discharged or released from such service for a service-connected disability; "(3) for a period of ninety consecutive days or more and such period ended during World W a r I, or began or ended during World W a r II, the Korean conflict, or the Vietnam era; or "(4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war." (c) The catchline of section 521 of title 38, United States Code, is amended to read as follows: "§ 521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam era**. ((J) Subsection (a) of section 541 of title 38, United States Code, is amended to read as follows: " (a) The Administrator shall pay to the widow of each veteran of World W a r I, World W a r II, the Korean conflict, or the Vietnam era who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section," (e) Paragraph (1) of subsection (e) of such section is amended to read as follows: "(1) before (A) December 14, 1944, in the case of a widow of a World W a r I veteran, or (B) January 1, 1957, in the case of a widow of a World W a r II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran, or (D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran; or". (f) The catchline of section 541 of title 38, United States Code, is amended to read as follows: «§ 541. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans". (g) Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam era", (h) The catchline of section 542 of title 38, United States Code, is amended to read as follows:

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"§ 542. Children of World War I, World War II, Korean conflict, or Vietnam era veterans". (i) The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended by striking out

183

^^ ^^^ soi et

"521. Veterans of World War I, World War II, or the Korean conflict."

and substituting in lieu thereof "521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam era.";

by striking out the subheading "World War I, World War II and the Korean conflict"

and substituting in lieu thereof "World War I, World War II, the Korean conflict, and the Vietnam era";

by striking out "541. Widows of World War I, World War II, or Korean conflict veterans."

and substituting in lieu thereof "541. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans.";

and by striking out "542. Children of World War I, World War II, or Korean conflict veterans."

and substituting in lieu thereof "542. Children of World War I, World War II, Korean conflict, or Vietnam era veterans."

(j) Chapter 15 of title 38, United States Code, is amended by striking out the subheading "WORLD WAR I, WORLD WAR II, AND THE KOREAN CONFLICT" immediately preceding section 541 of such title, and substituting in lieu thereof "WORLD WAR I, WORLD WAR IT, THE KOREAN CONFLICT, A N D THE VIETNAM E R A ". P R E S U M P T I O N; DRUGS A N D M E D I C I N E S

SEC. 203. (a) Section 602 of title 38, United States Code, is amended to read as follows: "§ 602. Presumption relating to psychosis "For the purposes of this chapter, any veteran of World W a r II, the Korean conflict, or the Vietnam era who developed an active psychosis (1) within two years after his discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World W a r II, or February 1, 1957, in the case of a veteran of the Korean conflict, or before the expiration of two years following termination of the Vietnam era in the case of a Vietnam era veteran, shall be deemed to have incurred such disability in the active military, naval, or air service." (b) Subsection (h) of section 612 of title 38, United States Code, is amended to read as follows: " (h) The Administrator shall furnish to each veteran who is receiving additional compensation or allowance under chapter 11, or increased pension as a veteran of World W a r I, World W a r II, the Korean conflict, or the Vietnam era, by reason of being in need of regular aid and attendance, such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran."

72 Stat. 1141.

78 Stat. io96. ^s use soi et seq.

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[81 STAT.

S P E G I A IX Y E Q U I P P E D AUTOMOBILES 72 Stat. 1215.

SEC. 204. (a) Section 1901 of title 38, United States Code, is amended by redesignating subsection (b) as subsection (c), and by adding after subsection (a) the following new subsection (b): "(b) The benefits of this chapter shall also be made available to each veteran who is suffering from any disability described in subsection (a), if such disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service after January 31, 1955, and the injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty." (b) Section 1905 of title 38, United States Code, is amended to read as follows: "§ 1905. Applications "The benefits of this chapter shall be made available to any veteran who meets the eligibility requirements of this chapter and who makes application for such benefits in accordance with regulations prescribed by the Administrator." TITLE III—EDUCATION AND TRAINING EDUCATIONAL ASSISTANCE ALLOWANCES

80 Stat. 18. P o s t, p. 185. Post,

p. 186.

SEC. 301. (a) Paragraph (1) of section 1682(a) of title 38, United States Code, is amended by striking out "Except as provided in subsection (lb) or (c)(1) " and inserting in lieu thereof "Except as provided in subsection (b), (c)(1), or (d) of this section, or section 1677 or 1683 of this title", and by striking out "column II, III, or IV " where it first appears therein and inserting in lieu thereof "column II, III, IV, or V". (b) The table contained in paragraph (1) of section 1682(a) of title 38, United States Code, relating to educational assistance allowances, is amended to read as follows: "Column I

Type of program

Column II

Column III

Column IV

N o dependents

One de- Two dependpendent ents

Column V

More than two dependents

The a m o u n t in Column IV, plus the following for each dependent in excess of t w o: Institutional: Full t i m e. Three-quarter time__ Half time Cooperative

$130 95 60 105

$155 115 75 125

$175 135 85 145

$10 7 5 7".

(c) Section 1682(b) of such title is amended by striking out "$100" in clause (2)(B), and inserting in lieu thereof "$130".

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185

FLIGHT TRAINING

SEC. 302. (a) Section 1673(b) of title 38, United States Code, is ^o Stat. le. amended to read as follows: "(b) Except as provided in section 1677 of this title, the Admin- ^"''^• istrator shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking." (b) Subchapter III of chapter 34, United States Code, is amended ^^ s*^*- 12. by adding at the end thereof a new section as follows: 1576. "§ 1677. Flight training " (a) The Administrator may approve the pursuit by an eligible veteran of flight training generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation, subject to the following conditions: "(1) the eligible veteran must possess a valid private pilot's license or must have satisfactorily completed the number of hours of flight training instruction required for a private pilot's license, and meet the medical requirements necessary for a commercial pilot's license; and "(2) the flight school courses must meet the Federal Aviation Administration standards and be approved both by that Agency and the appropriate State approving agency. "(b) Each eligible veteran who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of subsection (a) hereof, shall be paid an educational assistance allowance to be computed at the rate of 90 per centum of the established charges for tuition and fees which similarly circumstanced non-veterans enrolled in the same flight course are required to pay. Such allowance shall be paid quarterly upon receipt of a certification from the eligible veteran and the institution as to actual flight training received by, and the cost thereof to, the veteran during such quarter. I n each such case the eligible veteran's period of entitlement shall be charged with one month for each $130 which is paid to the veteran as an educational assistance allowance for such course." (c) The analysis of subchapter III of chapter 34 is amended by inserting immediately after "1676. Education outside the United States."

the following: "1677. Flight training." FARM COOPERATIVE TRAINING

SEC. 303. (a) Section 1673(c) of title 38, United States Code, is amended by striking out "of apprentice or other training on the job, any course of institutional on-farm training, or any course". (b) Section 1682 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: " (d) An eligible veteran enrolled in an educational institution for a 'farm cooperative' program consisting of institutional agricultural courses for a minimum of 12 clock hours per week, shall be eligible to receive an educational assistance allowance at the appropriate rate provided in the table in subsection (a)(1) of this section opposite the word 'Cooperative' under Column I of such table, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator."

8° Stat. is.

^"^^' P ^^•*-

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[81 STAT.

APPRENTICESRIP OR OTHER ON-JOB ' G A I N I N G 80 Stat. 12. 38 USC 1651 et seq.

SO Stat. 665. Post,

p. 187.

SEC. 804. (a) Chapter 34 of title 38, United States Code, is amended by redesignating sections 1683, 1684, 1685, and 1686 as section 1684, 1685, 1686, and 1687, respectively, and by inserting immediately after section 1682 thereof the following new section: "§ 1683. Apprenticeship or other on-job training " (a) Any eligible veteran may receive the benefits of this chapter while pursuing a full-time— " (1) program of apprenticeship approved by a State approvingagency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 50a of title 29, United States Code, or "(2) program of other training on the job approved under the provisions of section 1777 of this title, subject to the conditions and limitations of this chapter with respect to educational assistance. " (b) The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows: "Periods of training

First 6 months. _ Second 6 months. _ Third 6 months Fourth and any succeeding 6-month periods Definitions. 80 Stat. 20. 38 USC 1770 et seq-

"Training establishment.

50 Stat. 664. 29 USC 50,; 50b. 77 Stat. 162.

One dependent

Two or more dependents

$80 60 40

$90 70 50

$100 80 60

20

30

40

"(c) For purposes of this chapter and chapter 36 of this title, the terms 'program of apprenticeship' and 'program of other on-job training' shall have the same meaning as 'program of education'; and the term 'training assistance allowance' shall have the same meaning as 'educational assistance allowance'." (b) The table of sections of chapter 34 of title 38, United States Code, is amended by striking out "1683" and all that follows and inserting in lieu thereof the following: "1683. "1684. "1685. "1686. "1687.

80 Stat. 13.

No dependents

Apprenticeship or other on-job training. Measurement of courses. Overcharges by educational institutions. Approval of courses. Discontinuance of allowances."

(c) Section 1652 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(e) For the purposes of this chapter and chapter 36 of this title, the term 'training establishment' means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to chapter 4C of title 29, United States Code, or any agency of the Federal Government authorized to supervise such training." (d) Chapter 36 of title 38, United States Code, is amended by redesignating sections 1777 and 1778 as sections 1778 and 1779, respectively, and by inserting immediately after section 1776 the following new section:

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"§ 1777. Approval of training on the job " (a) Any State approving agency may approve a program of training on the job (other than a program of apprenticeship) only when it finds that the job which is the objective of the training is one in which progression and appointment to the next higher classification are based upon skills learned through organized training on the job and not on such factors as length of service and normal turnover, and that the provisions of subsections (b) and (c) of this section are met. "(b) The training establishment offering training which is desired to be approved for the purposes of this chapter must submit to the appropriate State approving agency a written application for approval which, in addition to furnishing such information as is required by the State approving agency, contains a certification that— "(1) the wages to be paid the eligible veteran (A) upon entrance into training, are not less than wages paid nonveterans in the same training position and are at least 50 per centum of the wages paid for the ]ob for which he is to be trained, and (B) such wages will be increased in regular periodic increments until, not later than the last full month of the training period, they wdll be at least 85 per centum of the wages paid for the job for which such eligible veteran is being trained; and "(2) there is reasonable certainty that the job for which the eligible veteran is to be trained will be available to him at the end of the training period. "(c) As a condition for approving a program of training on the job sti'tl-a'^^^l\°" ^^ (other than a program of apprenticeship) the State approving agency agency. must find upon investigation that the following criteria are met: "(1) The training content of the course is adequate to qualify the eligible veteran for appointment to the job for which he is to be trained. "(2) The job customarily requires full-time training for a period of not less than six months and not more than two years. "(3) The length of the training period is not longer than that customarily required by the training establishments in the community to provide an eligible veteran with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran will need to learn in order to become competent on the job for which he is being trained, " (4) Provision is made for related instruction for the individual eligible veteran who may need it. "(5) There is in the training establishment adequate space, equipment, instructional material, and instructor personnel to provide satisfactory training on the job. "(6) Adequate records are kept to show the progress made by each eligible veteran toward his job objective. " (7) No course of training will be considered bona fide if given to an eligible veteran who is already qualified by training and experience for the job. " (8) A signed copy of the training agreement for each eligible veteran, including the training program and wage scale as approved by the State approving agency, is provided to the veteran and to the Administrator and the State approving agency by the employer. " (9) That the course meets such other criteria as may be established by the State approving agency."

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 188 38 us^c mo et seq.

PUBLIC LAW 90-77-AUG. 31, 1967

[81 STAT.

(^^ '^^^^ ^'^^^^ "* sections of chapter 36 of title 38, United States Code, is amended by striking out "1777" and all that follows through "Disapproval of courses." and inserting in lieu thereof the following: "1777. Approval of training on the job. '"1778. Notice of approval of courses. ''1779. Disapproval of courses." DELIMITING

Ante, p. 185.

PERIOD

SEC. 805. Subsection (c) of section 1662 of title 38, United States Code is amended by adding at the end thereof the following new sentence: "In the case of any eligible veteran who was discharged or released from active duty before the date of enactment of this sentence and who pursues a course of farm cooperative training, apprenticeship or other training on the job, or flight training within the provisions of seotion 1677 of this chapter, the eight-year delimiting period shall run from the date of enactment of this sentence, if it is later than the date which would otherwise be applicable," SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

SEC. 306. (a) Subchapter III of chapter 34 of title 38, United States Code, as amended by section 302(b) of this Act, is amended by adding at the end thereof the following new section: "§ 1678. Special training for the educationally disadvantaged " (a) In the case of any eligible veteran who— "(1) has not received a secondary school diploma (or an equivalency certificate) at the time of his discharge from active duty, or "(2) in order to pursue a program of education for which he would otherwise be eligible, needs additional secondary school training, either refresher courses or deficiency courses, to qualify for admission to an appropriate educational institution, the Administrator may, without regard to so much of the provisions of section 1671 as prohibit the enrollment of an eligible veteran in a program of education in which he is 'already qualified', approve the enrollment of such veteran in an appropriate course or courses; except that no enrollment in adult evening secondary school courses shall be approved in excess of half-time training as defined pursuant to section 1684 of this title. "(b) The Administrator shall pay to an eligible veteran pursuing a course or courses pursuant to subsection (a) of this section, an educational assistance allowance as provided in sections 1681 and 1682 of this chapter. " (c) The educational assistance allowance authorized by this section shall be paid without charge to any period of entitlement the veteran may have earned pursuant to section 1661(a) of this chapter." (b)(1) The analysis at the head of chapter 34, title 38, United States Code, as amended by section 302(c) of this Act, is amended by adding immediately after '•1677. Flight training."

the following: '•1678. Special training for the educationally disadvantaged."

^"P'^-

(2) Section 1661(b) of title 38, United States Code, is amended by inserting immediately after "subsection (c) " the following: "and in section 1678 of this chapter". (c) Where the Administrator of Veterans' Affairs finds that an eligible veteran has since June 1, 1966, and prior to the enactment of this section, received educational assistance while pursuing a course

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'

or courses of education to which he would have been entitled under section 1678 of title 38, United States Code, without charge to entitlement, he may restore to the veteran any period of entitlement expended in the pursuit of such course or courses.

189 Ante, p. 188.

PERIOD OF ELIGIBILITY, WAR ORPHANS' EDUCATIONAL ASSISTANCE PROGRAM

SEC. 307. (a) Section 1712(a) of title 38, United States Code, is amended by striking out "twenty-third birthday" each place where it appears therein and inserting in lieu thereof "twenty-sixth birthday". (b) In the case of any eligible person (within the meaning of section 1701(a)(1) or 1765(a) of title 38, United States Code) who is made eligible for educational assistance under the provisions of chapter 35 of title 38, United States Code, solely by virtue of the amendments made by subsection (a) of this section, and who on the effective date of this Act is below the age of twenty-six years, the period referred to in section 1712 of such title shall not end with respect to such person until the expiration of the five-year period which begins on the effective date of this Act, excluding from such five-year period any period of time which may elapse between the date on which application for benefits of such chapter 35 is filed on behalf of such person and the date of final approval of such application by the Administrator of Veterans' Affairs; but in no event shall educational assistance under such chapter 35 be afforded to any eligible person beyond his thirty-first birthday by reason of this section. REPORTING FEE

SEC. 308. (a) Section 1784 of title 38, United States Code, is amended by— (1) adding at the end of the catchline the following: "; reporting fee"; (2) striking out "Educational" at the beginning of such section and inserting in lieu thereof: " (a) Educational"; and (3) adding at the end thereof a new subsection (b) as follows: "(b) The Administrator may pay to any educational institution furnishing education under either chapter 34 or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution is required to report to him by law or regulation. Such reporting fee shall be computed for each calendar year by multiplying $3 by the number of eligible veterans enrolled under chapter 34 of this title, plus the number of eligible persons enrolled under chapter 35 of this title, on October 31 of that year; except that the Administrator may, where it is established by the educational institution that eligible veteran plus eligible person enrollment on such date varies more than 15 per centum from the peak eligible veteran plus eligible person enrollment in such institution during such calendar year, establish such other date as representative of the peak enrollment as may be justified for that institution. The reporting fee shall be paid to the educational institution as soon as feasible after the end of the calendar year for which it is applicable." (b) The table of sections at the head of chapter 36 of title 38, United States Code, is amended by striking out: "1784. Reports by institutions."

and inserting in lieu thereof: "1784. Reports by institutions; reportinisr fee."

72 Stat. 1194.

79 Stat. 1313; 80 Stat. 861. 38 USC et seq.

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PUBLIC LAW 90-77-AUG. 31, 1967

[81 STAT.

TITLE IV—MISCELLANEOUS PROVISIONS STATUTORY AWARDS

72 Stat. 1120.

SEC. 401. Section 314(k) of title 38, United States Code, is amended to I'ead as follows: " (k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $47 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $400 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (1) through (n) of this section, the rate of compensation shall be increased by $47 per month for each such loss or loss of use, but in no event to exceed $600 per month;". B U R I A L FLAGS TOR CERTAIN I N - SERVICE D E A T H S

75lt^t^\u.^^''

70A Stat. 113.

SEC. 402. Section 901 of title 38, United States Code, is amended by adding a new subsection " (d) " at the end thereof to read as follows: " (d) In the case of any person who died while in the active military, naval, or air service after May 27, 1941, the Administrator shall furnish a flag to the next of kin, or to such other person as the Administrator deems most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section, or under section 1482(a) of title 10, United States Code." E X T E N S I O N OF LOAN PROGRAM FOR CERTAIN WORLD WAR II VETERANS

75lt!S°2o\^°'*'

SEC. 403. (a) The second sentence of section 1802(b) of title 38, United States Code, is amended by striking out "July 26, 1967" and inserting in lieu thereof "July 26, 1970". (b) Clauses (i) and (ii) of section 1803(a)(3)(A) of such title are each amended by striking out "July 25, 1967" and inserting in lieu thereof "July 25, 1970". (c) The World W a r II loan benefit entitlement of any veteran whose period of entitlement as computed under the provisions of section 1803(a)(3)(A) of title 38, United States Code, as amended by this section, extended beyond July 25, 1967, shall not be deemed to expire earlier than ninety days after the effective date of this section. INCREASE I N A M O U N T OF DIRECT LOANS

gQ72^^tat.^i208;

SEC. 404. (a) Section 1811(d)(2) of title 38, United States Code, is amended by inserting before the period at the end thereof the following: "; except that the Administrator may increase the $17,500 limitations specified in this paragraph to an amount not to exceed $25,000 where he finds that cost levels so require". (b) Section 1811(d)(3) of such title is amended by inserting before the period at the end thereof the following: "; except that the Administrator may increase such aggregate amount to an amount not to exceed $25,000 where he finds that cost levels so require".

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 81 STAT.]

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191

EFFECTIVE DATES

SEC. 405. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act. (b) The amendments made by section 203 of this Act shall become effective upon enactment. (c) The amendments made by title II of this Act relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act. If the burial allowance authorized by section 902 of title 38, United States Code, is 8o^stat^*29^ '^^' payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referi-ed to in section 904 of such title 38, shall not end, with respect to an individual whose death occurred ^^ ^*^*- ^• prior to the enactment of this Act, before the expiration of the twoyear period which begins on the date of enactment of this Act, or, in any case involving the correction of a discharge after the date of enactment of this Act, before the expiration of two years from the date of such correction. Approved August 31, 1967. Public Law\90-78 AN ACT To amend the I n t e r n a l Revenue Code of 1954 to provide rules relating to the deduction for personal exemptions for children of p a r e n t s who a r e divorced or separated.

August 31, 1967 [H. R. 6O56]

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, That (a) section Income taxes. Exemptions for 152 of the Internal Revenue Code of 1954 is amended by adding at the children ordlend thereof the following new subsection: ''°68A^S^^'^ 4 3 ^ "(e)

SUPPORT TEST IN CASE or CHILD or DIVORCED PARENTS, ETC.— " (1) GENERAL RULE.—If—

" (A) a child (as defined in section 151(e)(3)) receives over half of his support, during the calendar year from his parents who are divorced or legally separated under a decree of divorce or separate maintenance, or who are separated under a written separation agreement, and " (B) such child is in the custody of one or both of his parents for more than one-half of the calendar year, such child shall be treated, for purposes of subsection (a), as receiving over half of his support during the calendar year from the parent having custody for a greater portion of the calendar year unless he is treated, under the provisions of paragraph (2), as having received over half of his support for such year from the other parent (referred to in this subsection as the parent not having custody). "(2) SPECIAL RULE.—The child of parents described in paragraph (1) shall be treated as having received over half of his support during the calendar year from the parent not having cijstody if— " (A)(i) the decree of divorce or of separate maintenance, or a written agreement between the parents applicable to the taxable year beginning in such calendar year, provides that 85-622 0-68—15

26 vsc isi.' 26 USC 15 1.

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PUBLIC LAW 90-79-AUG. 31, 1967

26 USC r*i52^' Effective date.

[81 STAT.

the parent not having custody shall be entitled to any deduction allowable under section 151 for such child, and "(ii) such parent not having custody provides at least $600 for the support of such child during the calendar year, or " (B)(i) the parent not having custody provides $1,200 or more for the support of such child (or if there is more than one such child, $1,200 or more for all of such children) for the calendar year, and "(ii) the parent having custody of such child does not clearly establish that he provided more for the support of such child during the calendar year than the parent not having custody. For the purposes of this paragraph, amounts expended for the support of a child or children shall be treated as received from the parent not having custody to the extent that such parent provided amounts for such support. " (3) ITEMIZED STATEMENT REQUIRED.—If a taxpayer claims that paragraph (2)(B) applies with respect to a child for a calendar year and the other parent claims that paragraph (2)(B)(i) is not satisfied or claims to have provided more for the support of such child during such calendar year than the taxpayer, each parent shall be entitled to receive, under regulations to be prescribed by the Secretary or his delegate, an itemized statement of the expenditures upon which the other parent's claim of support is^ased. " (4) EXCEPTION FOR MULTIPLE-SUPPORT AGREEMENT.—The provisions of this subsection shall not apply in any case where over half of the support of the child is treated as having been received from a taxpayer under the provisions of subsection (c). "(5) KEGULATIONS.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this subsection." (^) Subsection (a) of such section 152 is amended by striking out "subsection (c) " and inserting in lieu thereof "subsection (c) or (e)". gj,(>^ 2. The amendments made by the first section of this Act shall apply with respect to taxable years beginning after December 31, 1966. Approved August 31, 1967.

Public Law 90-79 August 31, 1967

^^' ^^^^

American Academy in

Rom'V!""' "' Zl°lVJ^ ^^™" increase.

AN

ACT

To increase the amount of real and personal property which may be held by the American Academy in Rome. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to permit the American Academy in Rome to enlarge its purposes, and for other purposes", approved June 6, 1912 (37 Stat. 124), as amended (43 Stat. 635), is hereby amended by striking out "$10,000,000" and inserting in lieu thereof "$25,000,000". Approved August 31, 1967.

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 81 STAT.]

PUBLIC LAW 90-81-SEPT. 5, 1967

193

Public Law 90-80 AN ACT To provide for the disposition of funds appropriated to pay judgments in favor of the Sac and Fox Indians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Sac and Fox Tribe of the Mississippi in Iowa, the Sac and Fox Tribe of Oklahoma, and the Sac and Fox Tribe of Missouri in Kansas and Nebraska that were appropriated by the Acts of April 30, 1965 (79 Stat. 81), and October 31, 1965 (79 Stat. 1133), to pay judgments by the Indian Claims Commission in dockets numbered 138 and 143, together with interest thereon, after payment of attorney fees and other litigation expenses, shall be divided aa follows: 36.91 percent to the Sac and Fox Tribe of the Mississippi in Iowa; 51.70 percent to the Sac and Fox Tribe of Oklahoma; and 11.39 percent to the Sac and Fox Tribe of Missouri in Kansas and Nebraska. The funds so divided, including the interest thereon, and the funds on deposit in the United States Treasury to the credit of the Sac and Fox Tribe of Missouri in Kansas and Nebraska that were appropriated by the Act of April 30, 1965 (79 Stat. 81), to pay a ^'udgment by the Indian Claims Commission in docket numbered 195, mcluding interest thereon, after payment of attorney fees and other litigation expenses, may be used, advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing bodies of the respective tribes and approved by the Secretary of the Interior. SEC. 2. Any portion of such funds that may be distributed per capita to the members of the respective tribes shall not be subject to Federal or State income tax. Approved August 31, 1967.

August 31, 1967 [H. R. 10566]

Sac and Fox Indians. Judgment funds.

T a x exemptions.

Public Law 90-81 AN ACT

September 5, 1967

To amend section 209 of the Merchant Marine Act, 1936, so as to require future authorization of funds for certain programs of the Maritime Administration.

[H. R. iss]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 209 of the Merchant Marine Act, 1936 (46 U.S.C. 1119), is amended to read as follows: "SEC. 209. (a) Except as provided in subsection (b) of this section, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. "(b) Notwithstanding any other provision of this Act or any other law, there are authorized to be appropriated after December 31, 1967, for the use of the Maritime Administration for— "(1) acquisition, construction, or reconstruction of vessels;

Maritime Administration.' Future funds, authorization. 49 Stat. 1988; 50 Stat. 839.

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 m

PUBLIC LAW 90-82-SEPT. 6, 1967

[81 STAT.

" (2) construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships; "(3) payment of obligations incurred for operating-differential subsidy; " (4) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Eevolving Fund for losses resulting from expenses of experimental ship operations); " (5) reserve fleet expenses; "(6) maritime training at the Merchant Marine Academy at Kings Point, New York; " (7) financial assistance to State Marine Schools; and "(8) the Vessel Operations Revolving F u n d; only such sums as the Congress may specifically authorize by law." Approved September 5, 1967.

Public Law 90-82 September 6, 1967 '

^ ' '

.f

AN ACT

l__ To amend the college work-study program with respect to institutional matching and permissible hours of work.

stud^pfogi^m!"' 78 Stat. 515.

Be it eTuwted by the Senate and Hoiue of Representatives of the United States of America in Congress assembled, That section 124(d) of the Ecouomic Opportunity Act of 1964 is amended to read as

42 USC 2754.

foHowS I

79 Stat. 974.

" (d) provide that the average hours of employment of a student under such work-study program, shall not exceed fifteen per week over a semester, or other term used by the institution in awarding credits, during which the student is enrolled in classes." SEC. 2. Section 124(f) of such Act is amended by inserting after "this Act" the following: ", 85 per centum during the fourth year after such date, 80 per centum during the fifth year after such date,". Approved September 6, 1967.

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PUBLIC LAW 90-83-SEPT. 11, 1967

STAT.]

195

Public Law 90-83 AN ACT

September 11, 1967

To amend titles 5, 14, and 37, United States Code, to codify recent law, and to improve the Code.

[H. R. 5876]

Be it enacted by the Senate and House of Representatives of the Government United States of Amenca in Congress assembled, That title 5, United ganization andOrStates Code, is amended as follows: Employees (1)(A) Subchapter I of chapter 5 is amended by inserting the fol- ^ "^J"^ ^' ^•^• .

^. ' ^

'

.

•

j

i

i

i

'

-

ii

J?

''

Code, amendment

lowing new section at the beginning thereof: so s e 501 et 5 ustat. 331 seq. " (a) For the purpose of this section— Definitions. "(1) 'agency' has the meaning given i t by section 551 of this title; and "(2) 'State' means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. " (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. "(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. " (d) This section does not— "(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; "(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; "(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or " (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. "(e) Subsections (b) - (d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue 66 Stat. 795. to be covered by chapter 3 (sections 31-33) of title 35. "(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, •A notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient." (B) The analysis of chapter 5 is amended by inserting the following new item before item 501: "500. Administrative practice; general provisions." 80 Stat. 399. (2) Section 1104(a) is amended— (A) by striking out "and" after the semicolon in paragraph (4):
 * '§ 500. Administrative practice; general provisions

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PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

(B) by striking out the period at the end of paragraph (5) and inserting "; and" in place thereof; and (C) by adding the following new paragraph after paragraph rus^c^sro'f8716. 80 Stat. 402.

80 Stat. 409.

80 Stat. 410. "Veteran."

72 Stat. 1108. 77 Stat. 135.

80 Stat. 415.

"(^) reviewing the operations under chapter 87 of this title and advising the Commission on matters of policy relating to its activities thereunder." (3) Section 1305 is amended by inserting "of this title," after the figure "7521". (4) Sections 2101(3), 4 1 0 2 (a)(1)(C), 4109(a)(2)(A) and (B), 5541(2) (xii), and 8101(1) (iii) are each amended by striking out "Coast and Geodetic Survey" and inserting "Environmental Science Services Administration" in plsice thereof. (5^ Section 2107 is amended— (A) by striking out paragraph (6); (B) by striking out the period at the end of paragraph (7) and inserting "; and" in place thereof; and (C) by inserting the following new paragraph after paragraph (7): " (8) an employee of the Botanic Garden." (6) Section 2108 is amended— (A) by striking out paragraph (1) and inserting in place thereof: u^]^^ 'vctcran'meaus an individual who— " (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; or " (B) served on active duty as defined by section 101(21) ^j£ ^j|.jg 33 g ^ ^^y time in the armed forces for a period of ^ more than 180 consecutive days after January 31, 1955, not iucluding service under section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; and who has been separated from the armed forces under honorable conditions;"; (B) by inserting "as defined by paragraph (1)(A) of this section" before the semicolon in paragraph (3)(A); (C) by inserting the following new paragraph after paragraph (3)(A):' " (B) a veteran as defined by paragraph (1)(B) of this section;"; (D) by striking out "paragraph (1) " in paragraph (3)(E) and inserting " p a r a ^ a p h (1)(A) " in place thereof; and (E) by redesignating subparagraphs (B), (C), (D), (E), and (F) of paragraph (3) as subparagraphs " (C) ", " (D) ", " (E) ", " (F) ", and " (G) ", respectively. (7) Section 3104 is amended— (A) by amending subsection (a)(5) by striking out the figure " 3 " and inserting the figure " 6 " in place thereof; (B) by amending subsection (a) by inserting the following new paragraph after paragraph (7): "(8) National Aeronautics and Space Administration—not more than 12."; (C) by amending subsection (b) by inserting the following new sentence at the end thereof: "This subsection does not apply to the National Aeronautics and Space Administration."; and

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STAT.]

PUBLIC LAW 90-83-SFPT. 11, 1967

197

(D) by amending the first sentence of subsection (c) to read: "The head of each agency authorized to establish and fix the pay ^f^^^l'^ *° of positions under this section and section 5361 of this title shall soStat." 473. submit to Congress, not later than December 31 of each year (or in the case of the Administrator of the National Aeronautics and Space Administration not later than February 1 of each year), a report setting forth— "(1) the number of these positions established in his agency during that calendar year (or in the case of the National Aeronautics and Space Administration during the previous calendar year); and "(2) the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each." (8) Sections 3305(b), 3309(1), and 3318(c) are each amended by so Stat. 419. striking out "section 2108(3)(B) - (F) " and inserting "section 2108 (3)(C) - (G) " in place thereof. (9)(A) Chapter 33 is amended by inserting the following new 5 USC 3301 et section after section 3315: ^^^' "§ 3315a. Registers; individuals receiving compensation for work injuries " (a) For the purpose of this section, 'employee' has the meaning given it by section 8101(1)(A) of this title, but does not include an so Stat. 532. individual who, by statute, is deemed an employee for the purpose of subchapter I of chapter 81 of this title. ^ use s 101 et "(b) The Civil Service Commission, on application by an employee ^^^' or former employee receiving compensation under subchapter I of chapter 81 of this title, shall enter his name on each appropriate register or employment list, or both, maintained by the Commission, for certification for appointment to a vacant position for which he is physically and otherwise qualified, under regulations of the Commission. An employee or former employee with career or careerconditional status is entitled to the same priority in certification that the Commission accords a career or career-conditional employee who has been involuntarily displaced from his position through no fault of his own." (B) The analysis of chapter 33 is amended by inserting the following new item after item 3315: '•3315a. Registers; individuals receiving compensation for work injuries."

(10) Section 3324(a)(4)(A) is amended— so Stat. 422. (A) by striking out "headings" and inserting "heading" in place thereof; (B) by striking out "and" and inserting "or" in place thereof; and (C) by striking out the last comma and inserting a semicolon in place thereof. (11) Section 5102(c) is amended— so Stat. 444. (A) by striking out "who" in paragraph (15) and inserting "whose" in place thereof; (B) by striking out "or" at the end of paragraph (24); (C) by striking out the period at the end of paragraph (25) and inserting "; or" in place thereof; and (D) by inserting the following new paragraph after paragraph (25): . _ "(26) civilian membere of the faculty of the Coast Guard Academy whose pay is fixed under section 186 of title 14." 74 Stat. 145; (12) Section 5108(c)(5) is amended by striking out "professional ^"so^slat^^^ 454. engineering positions in the physical and natural sciences" and insert-

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948° ^*^*- '^^°'

80 Stat. 1163. 80 Stat. 1364.

g^f Stat. 463,

80 Stat. 1163.

PUBLIC LAW 90-83-SEPT. 11, 1%7

[81 STAT.

ing "professional positions in the physical and natural sciences and medicine" in place thereof. (13 J Section 5313 is amended by striking out paragraph (6). (14) Section 5314 is amended— (A) by striking out paragraph (41); and (B) by inserting the following new paragraphs after paragraph (48): "(49) Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts. "(50) Chairman of the National Endowment for the Humanities. "(51) Director of the Federal Mediation and Conciliation Service. "(52) Under Secretary of Housing and Urban Development." (15) Section 5315 is amended— (A^ by striking out " (4) " in paragraph (12) and inserting " (5) " in place thereof; (B^ by striking out " (2) " in paragraph (17) and inserting " (5) " in place thereof; (C) by striking out " (4) " in paragraph (18) and inserting " (5) " in place thereof; (D) by striking out " (5) " in paragraph (21) and inserting " (6) " in place thereof; (E) by striking out paragraphs (25), (26), (27), (28), and (30); (F) by redesignating paragraphs (78) and (79), relating to the Assistant Secretary for Science and the Assistant Secretary for History and Art, Smithsonian Institution, added by Public L a ^ 89-734, as paragraphs " ( 8 4) " and "(85)", respectively; (G) by redesignating paragraph (78), relating to the Deputy Administrator of the Small Business Administration, added by section 8(c)(1) of Public Law 89-779, as paragraph " ( 8 6) "; and (H) by inserting the following new paragraphs at the end thereof: "(87) Assistant Secretaries of Housing and Urban Development (4). "(88) General Counsel of the Department of Housing and Urban Development. "(89) Commissioner of Interama." ^^g^ Section 5316 is amended— (A) by striking out paragraphs (22), (38), (83), (94), and (95); (B) by amending paragraph (60) to read as follows: "(60) Director, Research and Development, Post Office Department."; (C) by redesignating paragraphs (117) and (118), relating to the Director, United States National Museum, and the Director, Smithsonian Astrophysical Observatory, Smithsonian Institution, added by Public Law 89-734, as paragraphs " ( 1 1 8) " and "(119)", respectively; and (D) by inserting the following new paragraphs at the end thereof: "(120) Administrator for Economic Development. "(121) Administrator of the Environmental Science Services Administration. "(122) Assistant Secretary of Housing and Urban Development for Administration.

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PUBLIC LAW 90-93-SFPT. 11, 1^67

81 STAT.

" (123) Director, Construction Engineering, Post Office Department. " (124) Director, National Highway Safety Bureau. "(125) Director, National Traffic Safety Bureau." (17) Section 5317 is amended by striking out "thirty-four" and inserting "34" in place thereof. (18) Section 5332(a) is amended to read as follows: " (a) The General Schedule, the symbol for which is 'GS', is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.

80 Stat. 4 6 7, 948.

" GENERAL SCHEDULE Annual rates and steps

"Grade 1 GS-1 GS-2 GS-3 GS-4 GS-5 GS-6 GS-7 GS-8 GS-9 GS-10 GS-11 GS-12 GS-13 GS-14 GS-15 GS-16 GS-17 GS-18

- - - $3,609 3,925 4,269 4,776 6,331 5,867 6,451 7,068 -- 7,696 - 8,421 9,221 10,927 12,873 15,106 17,650 20,075 22,760 26,890

2

3

4

5

6

7

8

9

$3,731 4,058 4,413 4,936 5,507 6,065 6,664 7,303 7,967 8,709 9,536 11,306 13,321 15,629 18,167 20,745 23,620

$3,863 4,191 4,657 6,096 5,683 6,263 6,877 7,638 8,218 8,997 9,851 11,685 13,769 16,152 18,764 21,416 24,280

$3,975 4,324 4,701 6,256 5,859 6,461 7,090 7,773 8,479 9,285 10,166 12,064 14,217 16,675 19,371 22,086 26,040

$4,097 4,457 4,845 5,416 6,035 6,669 7,303 8,008 8,740 9,573 10,481 12,443 14,665 17,198 19,978 22,765 25,800

$4,219 4,690 4,989 6,676 6,211 6,857 7,516 8,243 9,001 9,861 10,796 12,822 15,113 17,721 20,686 23,425

$4,341 4,723 5,133 5,736 6,387 7,056 7,729 8,478 9,262 10,149 11, 111 13,201 16,561 18,244 21,192 24,095

$4,463 4,856 6,277 5,896 6,563 7,263 7,942 8,713 9,523 10,437 11,426 13,680 16,009 18,767 21,799 24,765

$4,685 4,989 5,421 6,066 6,739 7,451 8,155 8,948 9,784 10,726 11,741 13,969 16,457 19,290 22,406 25,436

10 $4,707 5,122 5,565 6,216 6,915 7,649 8,368 9,183 10,046 11,013 12,066 14,338 16,905 19,813 23,013 >i

(19) Section 5333(a) is amended by striking out "GS-13" and inserting " G S - 1 1 " in place thereof. (20) Section 5335 is amended by redesignating subsections (c) and (d) as subsections " (d) " and " (e) ", respectively, and by inserting the following new subsection after subsection (b): "(c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Commission. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Commission. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Commission to prescribe procedures and the entitlement of the employee to appeal to the Commission do not apply to a determination of acceptable level of competence made by the Librarian of Congress." (21) Section 5504(a)(2), (b)(C) is amended by striking out "section 6101(c)" wherever it appears and inserting "section 6101(a)(5) " in place thereof. (22) Chapter 55 is amended by inserting the following new section after section 5534: "§ 5534a. Dual employment and pay during terminal leave from uniformed services "A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may

Post,

p. 207.

5 USC 5501 el seq.

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PUJBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service lor the unexpired portion of the terminal leave." (23) The analysis of chapter 55 is amended by inserting the following new item after item 5534: "5534a. Dual employment and pay during terminal leave from uniformed services." 80 Stat. 485. (£4) Section 5542(a) is amended— (A) by inserting ", or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic ay exceeds the minimum rate for GS-10 for whom the first 40 ours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day," after "workweek"; and (B) by striking out " G S - 9 " wherever it appears therein and inserting "GS-10" in place thereof. (25) Section 5543(a)(2) is amended by striking out " G S - 9 " and inserting "GS-10" in place thereof. (26)(A) Section 5544 is amended— (i) by inserting the following new sentence flush at the end of subsection (a): "An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service."; and (ii) by amending the catchline to read as follows: "§5544. Wage-board overtime and Sunday rates; computation" (B) The analysis of chapter 55 is amended by striking out the following item: "5544. Wage-board overtime rates; computation." and inserting the following item in place thereof: "5544. Wage-board overtime and Sunday rates; computation." (27) Section 5545 is amended— (A) by striking out "GS-9" wherever it appears in subsection (c) and inserting "GS-10" in place thereof; (B) by inserting ", Sunday," after "night" in subsection (c) (1); (C) by inserting ", on Sundays," and "Sunday," after "duty at night" and "duration of night,", respectively, in subsection (c)(2); . . (D) by inserting the following new subsection after subsection (c): " (d) The Commission shall establish a schedule or schedules of pay differentials for irregular or intermittent duty involving unusual physical hardship or hazard. Under such regulations as the Commission may prescribe, and for such minimum periods as it determines 5°us*c*5i*of"e( appropriate, an employee to whom chapter 51 and subchapter III of aeq. " chapter 53 of this title applies is entitled to be paid the appropriate 5 USC 5331 et differential for any period in which he is subjected to physical hardship ^^"^^ or hazard not usually involved in carrying out the duties of his position. However, the pay differential— " (1) does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof; and

E

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"(2) may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee."; and (E) by amending the catchline to read as follows: ''§5545. Night, Sunday, standby, irregular, and hazardous duty differential" (28) The analysis of chapter 55 is amended by striking out the following item: "5545. Night, Standby, and irregular duty differential."

and by inserting the following item in place thereof: "5545. Night, Sunday, standby, irregular, and hazardous duty differential."

(29) Section 5546 is amended— (A) by redesignating subsections (a), (b), (c), and (d) as subsections " (b) ", " (c) ", " (d) ", and " (e) ", respectively; (B) by inserting the following new subsection (a): " (a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay."; and (C) by amending the catchline to read as follows: (30) The analysis of chapter 55 is amended by striking out the following item:
 * § 5546. Pay for Sunday and holiday work".

so Stat. 488.

"5546. Pay for holiday work."

and by inserting the following item in place thereof: "5546. Pay for Sunday and holiday work."

(31) Section 6547 is amended by striking out "this subchapter" and inserting "sections 5542, 5545(a)-(c), and 5546 (a), (b) of this title" in place thereof. (32) Section 5548 is amended— (A) by inserting the designation " (a) " before "The", at the beginning thereof; (B) by striking out "section 5544" and inserting "sections 5544 and 5545 (d) " in place thereof; and (C) by inserting the following new subsection at the end thereof: " (b) The Commission shall prescribe regulations necessary for the administration of section 5545(d) of this title." (33) Section 5564(a) is amended by striking out the words "when it is located outside the United States or in Alaska or Hawaii". (34) Chapter 55 is amended— (A) by amending the heading of subchapter IX, preceding section 5591, to read as follows:

Ante, p. 200. so Stat. 491. so Stat. 496.

" SUBCHAPTER IX—SEVERANCE PAY AND BACK P A Y ";

(B) by striking out sections 5591, 5592, 5593, and 5594; and (C) by inserting the following new sections at the end thereof: " (a) For the purpose of this section— " (1) 'agency' means— "^A) an Executive agency; " (B) the Library of Congress; " (C) the Govenmient Printing Office; and
 * §5595. Severance pay

Repeals.

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52 Stat. 31.

5°us*c*833f ef seq.

Txfsc'kioret seq.

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

"(D) the government of the District of Columbia; and " (2) 'employee' means— " (A) an individual employed in or under an agency; and " (B) an individual employed by a county committee established under section 590h (b) of title 16; but does not include— "(i) an employee whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or IS in excess of the maximum rate for GS-18; "(ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation; "(iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the Canal Zone; "(iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system; "(v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual; "(vi) an employee who, at the time of separation from the service, is entitled to receive other severance pay from the ' Government; "(vii) an employee of the Tennessee Valley Authority; or "(viii) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate. "(b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who— "(1) has been employed currently for a continuous period of at least 12 months; and " (2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency; is entitled to be paid severance pay in regular pay periods by the agency from which separated. "(c) Severance pay consists of— "(1) a basic severance allowance computed on the basis of 1 week's basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks' basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and "(2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation. Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of

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203

this subsection, 'basic pay' includes premium pay under section 5545 (C)(1) o f t h i s title.

" (d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b)(1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay. "(e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with section 5582(b) of this title. "(f) Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment. " (g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a)(2)(B) of this section. " (a) For the purpose of this section, 'agency' means— "(1) an Executive agency; "(2) the Administrative Office of the United States Courts; "(3) the Library of Congress; " (4) the Government Printing Office; and "(5) the government of the District of Columbia. " (b) An employee of an agency who, on the basis of an administrative determination or a timely appeal, is found by appropriate authority under applicable law or regulation to have undergone an unjustified or unwarranted personnel action that has resulted in the withdrawal or reduction of all or a part of the pay, allowances, or differentials of the employee— "(1) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect an amount equal to all or any part of the pay, allowances, or differentials, as applicable, that the employee normally would have earned during that period if the personnel action had not occurred, less any amounts earned by him through other employment during that period; and "(2) for all purposes, is deemed to have performed service for the agency during that period, except that the employee may not be credited, under this section, leave in an amount that would cause the amount of leave to his credit to exceed the maximum amount of the leave authorized for the employee by law or regulation. "(c) The Civil Service Commission shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees." (35) The analysis of chapter 55 is amended— (A) by amending the heading of subchapter IX to read as follows:
 * '§ 5596. Back pay due to unjustified personnel action

so Stat. 487.

^o ^*^*- "^^s.

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Page:United States Statutes at Large Volume 81.djvu/238

 204

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

"SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY";

80 Stat. 502.

^"''•Post, p. 206.

80 Stat. 497. ^^5^use 5701 et

(B) by Striking out items 5591, 5592, 5593, and 5594; and (C) by inserting the following new items at the end thereof: "5595. Severance pay. "5596. Back pay due to unjustified personnel action." (gg) Section 5724 is amended— (A) by amending subsection (a)(2) thereof by striking out the figure "7,000" and inserting the figure "11,000" in place thereof; (B) by amending subsection (c) by inserting the following new sentence at the end thereof: "However, under regulations prescribed by the President, payment of actual expenses may be made when the head of the agency determines that payment of actual expenses is more economical to the Government."; (C) by amending subsection (e) by inserting the following new sentence at the end thereof: "However, under regulations prescribed by the President, in a transfer from one agency to another because of a reduction in force or transfer of nmction, expenses authorized by this section and sections 5726(b) and 5727 of this title (other than expenses authorized in connection with a transfer to a foreign country) and by section 5724(a), (b) of this title may be paid in whole or in part by the agency from which the employee transfers or by the agency to which he transfers, as may be agreed on by the heads of the agencies concerned, "j and (D) by inserting the following new subsection at the end thereof: " (i) An agency may pay travel and transportation expenses (including storage of household goods and personal effects) and other relocation allowances under this section and sections 5724a and 5726 (c) of this title when an employee is transferred within the continental United States only after the employee agrees in writing to remain in the Government service for 12 months after his transfer, unless separated for reasons beyond his control that are acceptable to the agency concerned. If the employee violates the agreement, the money spent by the United States for the expenses and allowances is recoverable from the employee as a debt due the United States." (37)(A) Chapter 57 is amended by inserting the following new gection after section 5724: " (a) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of all or part of the following expenses of an employee for whom the Government pays expenses of travel and transportation under section 5724 (a) of this title: " (1) Expenses of per diem allowance instead of the subsistence expenses oi the immediate family of the employee while en route between his old and new official stations, not m excess of the maximum per diem rates prescribed by or under section 5702 of this title. "(2) Expenses of per diem allowance instead of subsistence of the employee and his spouse, not in excess of the maximum per diem rates prescribed by or under section 5702 of this title. Expenses of transportation to seek permanent residence quarters at a new official station when both the old and new stations are located
 * § 5724a. Relocation expenses of employees transferred or reemployed

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 81

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PUBLIC LAW 90-83-SEPT. 11, 1967

within the continental United States. However, expenses under this paragraph may be allowed only for one round trip in connection with each change of station of the employee. "(3) Subsistence expenses of the employee and his immediate family for a period of 30 days while occupying temporary quarters when the new official station is located within the United States, its territories or possessions, the Commonwealth of Puerto Eico, or the Canal Zone. The period of residence in temporary quarters may be extended for an additional 30 days when the employee moves to or from Hawaii, Alaska, the territories or possessions, the Commonwealth of Puerto Rico, or the Canal Zone. The regulations shall prescribe average daily rates for subsistence expenses per individual, not in excess of the maximum per diem rates prescribed by or under section 5702 of this title, for the location in which the temporary quarters are located. Ileimbursement for subsistence expenses actually incurred may not exceed these daily rates for the first 10 days of the period, two-thirds of the rates for the second 10 days, and one-half of the rates for the balance of the period, including the additional 30 days. "(4) Expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old station and purchase of a home at the new official station required to be paid by him when the old and new official stations are located within the United States, its territories or possessions, the Commonw^ealth of Puerto Rico, or the Canal Zone, However, reimbursement for brokerage fees on the sale of the residence and other expenses under this paragraph may not exceed those customarily charged in the locality where the residence is located, and reimbursement may not be made for losses on the sale of the residence. This paragraph applies regardless of whether title to the residence or the unexpired lease is in the name of the employee alone, in the joint names of the employee and a member of his immediate family, or in the name of a member of his immediate family alone. "(b) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, and notwithstanding other reimbursement authorized under this subchapter, an employee who is reimbursed under subsection (a) of this section or section 5724(a) of this title is entitled to— "(1) an amount not to exceed 2 weeks' basic pay, if he has an immediate family; or "(2) an amount not to exceed 1 week's basic pay, if he does not have an immediate family. However, the amounts may not exceed amounts determined from the maximum rate for GS-13. "(c) Under such regulations as the President may prescribe, a former employee separated by reason of reduction in force or transfer of function who within 1 year after the separation is reemployed by a nontemporary appointment at a different geographical location from that where the separation occurred may be allowed and paid the expenses authorized by sections 5724, 5725, 5726(b), and 5727 of this title, and may receive the benefits authorized by subsections (a) and (b) of this section, in the same manner as though he had been transferred in the interest of the Government without a break in service to the location of reemployment from the location where separated." (B) The analysis of chapter 57 is amended by inserting the following new item after item 5724: "5724a. Relocation expenses of employees transferred or reemployed."

(38) Section 5726 is amended— (A) by amending subsection (a) by striking out "this section" and inserting "subsection (b) of this section" in place thereof;

205

^° ^*^*- '*^^-

so Stat. 502.

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Page:United States Statutes at Large Volume 81.djvu/240

 206

80 Stat. 502.

Ante, p. 204.

80 Stat. 508.

Infra.

5 USC 5901 et seq.

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

(B) by amending subsection (b) by striking out the figure "7,000" and inserting the figure "11,000" in place thereof; and (C) by inserting the following new subsection at the end thereof: " (c) Under such regulations as the President may prescribe, when an employee, including a new appointee and a student trainee to ^jig extcut authorized by section 5723 of this title, is assigned to a permanent duty station at an isolated location in the continental United States to which he cannot take or at which he is unable to use his household goods and personal effects because of the absence of residence quarters at the location, nontemporary storage expenses or storage at Government expense in Government-owned facilities (including related transportation and other expenses), whichever is more economical, may be allowed the employee under regulations prescribed by the head of the agency concerned. The weight of property stored under this subsection, together with the weight of property transported under sections 5723(a) and 5724(a) of this title, may not exceed the total maximum weight the employee would be entitled to have moved. The period of nontemporary storage under this subsection may not exceed 3 years." (39) Section 5901 is amended— (A) by striking out "$100" wherever it appears in subsection (a) and inserting "$125" in place thereof; (B) by striking out "subsection (d) of this section" in the third sentence in subsection (a) and inserting' "section 5903 of this title" in place thereof; (C) by inserting the following new sentence at the end of subsection (a): "When the agency pays direct to the uniform vendor, the head of the agency may deduct a service charge of not more than 4 percent."; and (D) by striking out subsection (d). (40)(A) Chapter 59 is amended by inserting the following new sections after section 5901: "Notwithstanding section 5901 of this title, each of the respective maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title are increased, subject to the maximum allowance authorized by section 5901 of this title, as follows: "(1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent. " (2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent. "(3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent. "(4) If the maximum uniform allowance is less than $50, it is increased by 40 percent. The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced. ''§5903. Regulations "The Director of the Bureau of the Budget shall prescribe regulations necessary for the uniform administration of this subchapter." (B) The analysis of chapter 59 is amended by inserting the following new items after item 5901: "5902. Increase in maximum uniform allowance, "5903. Regulations."
 * § 5902. Increase in maximum uniform allowance

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 81

STAT.]

PUBLIC LAW 90-83-SEPT. 11, 1967

(41) Section 5942 is amended— (A) by inserting after the word "islands" the words "or at the United States Atomic Energy Commission Nevada Test Site, including the Nuclear Eocket Development Station,"; and (B) by inserting in the catchline after the word "islands" the words "or at Nevada Test Site". (42) The analysis of chapter 59 is amended by striking out the following item:

207 sostat. 513.

"5942. Allowance based on duty on California offshore islands."

and by inserting the following item in place thereof: "5942. Allowance based on duty on California offshore islands or at Nevada Test iSite."

(43) Section 6101 is amended to read as follows: "§ 6101. Basic 40-hour workweek; work schedules; regulations " (a)(1) For the purpose of this subsection, 'employee' includes an individual employed by the government of the District of Columbia, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title. ^° ^*^*- '^^^• "(2) The head of each Executive agency, military department, and of the government of the District of Columbia shall— " (A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and " (B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days. "(3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that— " (A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week; " (B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; " (C) the working hours in each day in the basic workweek are the same; " (D) the basic nonovertime workday may not exceed 8 hours; " (E) the occurrence of holidays may not affect the designation of the basic workweek; and " (F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday. "(4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other education institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized. "(5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress. " (b)(1) For the purpose of this subsection, 'agency' and 'employee' ••"YoTe^"*' have the meanings given them by section 5541 of this title. 85-622 0-68—16

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 208

80 Stat. 523. ^^5 USC 7301 et ^^'^'

PUBLIC LAW 90-83-SEPT. 11, 1967

[81

 * 5TAT.

"(2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workw^eek of the employee. "(c) The Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an p]xecutive agency." ^44^ Section 7154 is amended by striking out subsection (a) thereof. (45) Chapter 73 is amended— (A) by amending the heading of subchapter IV, preceding section 7341, to read as follows: " SUBCHAPTER IV—FOREIGN GIFTS AND DECORATIONS";

^^p^^^-

Definitions. 80 Stat. 409.

(B) by striking out section 7341; and (C) by inserting the following new section in subchapter IV thereof: "§ 7342. Receipt and disposition of foreign gifts and decorations " (a) For the purpose of this section— u(^i^ 'employee'means— " (A) an employee as defined by section 2105 of this title; " (B) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or of the District of Columbia; " (C) a member of a uniformed service; " m) the President; " (E) a Member of Congress as defined by section 2106 of this title; and " (F) a member of the family and household of an individual described in subparagraphs (A) - (E) of this paragraph; "(2) 'foreign government' means a foreign government and an official agent, or representative thereof; "(3) 'gift' means a present or thing, other than a decoration, tendered by or received from a foreign government; and "(4) 'decoration' means an order, device, medal, badge, insignia, or emblem tendered by or received from a foreign government. " (b) An employee may not request or otherwise encourage the tender of a gift or decoration. "(c) Congress consents to— " (1) the accepting and retaining by an employee of a gift of minimal value tendered or received as a souvenir or mark of courtesy; and "(2) the accepting by an employee of a gift of more than minimal value when it appears that to refuse the gift would be likely to cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States. However, a gift of more than minimal value is deemed to have been accepted on behalf of the United States and shall be deposited by the donee for use and disposal as the property of the United States under regulations prescribed under this section. " (d) Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the agency, office or other entity in which the employee is employed and the concurrence of the Secretary of State. Without this approval and

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 81 STAT.]

209

PUBLIC LAW 90-83-SEPT. 11, 1967

concurrence, the decoration shall be deposited by the donee for use and disposal as the property of the United States under regulations prescribed under this section. "(e) The President may prescribe regulations to carry out the purpose of this section." (46) The analysis of chapter 73 is amended— (A) by amending the heading of subchapter IV to read as follows: "SUBCHAPTER IV—FOREIGN

GIFTS

AND

DECORATIONS

,

(B) by striking out item 7341; and (C) by inserting the following new item: "7342. Receipt and disposition of foreign gifts and decorations."

(47) Section 7901 is amended by striking out "Public Health Service" wherever it appears and inserting "Secretary of Health, Education, and Welfare" m place thereof. (48) Section 8101 is amended— (A) by striking out "and" after the semicolon in paragraph (15); (B) by striking out the period at the end of paragraph (16) and inserting a semicolon in place thereof; and (C) by inserting the following new paragraphs after paragraph (16): "(17) 'student' means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is— " (A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof; " (B) a school or college or university which has been accredited by a State or by a State-recognized or nationally recognized accrediting agency or body; " (C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or " (D) an additional type of educational or training institution as defined by the Secretary of Labor. Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a fulltime course of study or training during: the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period; "(18) 'price index' means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and "(19) 'base month' means the month of July 1966 and each later month which is used as a basis for calcula4:ing an increase under section 8146a of this title." (49) Section 8103(a)(2) is amended by inserting "or another retirement system for employees of the Government" before the semicolon.

80 Stat. 530.

••Student.

••Price index.••

'•Base month." Post. p. 212. 80 Stat. 535.

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Page:United States Statutes at Large Volume 81.djvu/244

 210 80 Stat. 536.

Ante, p. 209.

80 Stat. 544.

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

(50) Section 8107(a), (b) is amended to read: " (a) If there is permanent disability involving the loss of use of a member or fmiction of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66% percent of his monthly pay. The basic compensation is— "(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member; "(2) payable regardless of whether the disability also involves another impairment of the body; and "(3) in addition to compensation for temporary total or temporary partial disability. "(b) With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by— " ( 1 ^ section 8105 of this title if the disability is total; or "(2) section 8106 of this title if the disability is partial." (51) Section 8108 is amended by striking out of the last sentence "for the purposes of disabilities specified by section 8107(b) of this title,". (52) Section 8109(a)(1) is amended by striking out ", including a disability compensable under the schedule in section 8107(c) of this title because of section 8107(b) of this title". (53) Section 8110 is amended— (A) by inserting the following new sentence flush at the end of subsection (a): "Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is g studeut as defined by section 8101 of this title at the time he ^ reaches 18 years of age for so long as he continues to be such a student or until he marries."; (B) by striking out "including compensation payable under the schedule in section 8107(c) by virtue of section 8107(b) of this title" in subsection (b)(1); and (C) by striking out the last sentence of subsection (b). (54) Section 8111(a) is amended by striking out "$125" and inserting "$300" in place thereof. (55) Section 8112 is amended by striking out "may not exceed $525 a month, and in case of total disability may not be less than $180 a month" and inserting "may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS-15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS-2". (56) Section 8116(a) is amended by inserting in the last sentence after "subchapter III of chapter 83 of this title" the following: ", or another retirement system for employees of the Government,". (57) Section 8122 is amended— (A) by striking out "due to radiation or other cause" in subsection (b); and (B) by inserting the following new subsection after subsection " (d) The time limitations in subsections (a) - (c) of this section do not— "(1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or "(2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative." (58) Section 8124 is amended— (A) by inserting the designation " (a) " before "The", at the beginning thereof;

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 81

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PUBLIC LAW 90-83-SEPT. 11, 1967

(B) by inserting the following new subsection at the end thereof: "(b)(1) Before review under section 8128(a) of this title, a claimant for compensation not satisfied with a decision of the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision. "(2) I n conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim."; and (C) by amending the catchine to read as follows: § 8124. Findings and award; hearings (59) The analysis of chapter 81 is amended by striking out the following item: "8124. Findings and award." and by inserting the following item in place thereof:

211

8° ^'^^- ^^s.

so Stat. 334.

"8124. Findings and award; hearings."

(60) Section 8131(c) is amended by inserting the following new sentence at the end thereof: "However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted." (61) Section 8132 is amended by inserting the following new sentence at the end thereof: "However, the beneficiary is entitled to retain at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted, plus an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States." (62) Section 8133 is amended— (A) by inserting the following new sentence flush at the end of subsection (b): "Notwithstanding paragraph (3) of this subsection, compensation payable to or for a child, a brother or sister, or a grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries."; and (B) by amending subsection (e) to read: "(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2. However, the total monthly compensation may not exceed— " (1) the monthly pay computed under section 8114 of this title; or "(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS-15." (63) Section 8135 is amended— (A) by inserting the designation " (a) " before the word "The" at the beginning thereof; and (B) by inserting the following new subsection at the end thereof:

^"fe, p. 209.

so Stat. 540.

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 212 80 Stat. 547.

80 Stat. 1473.

^°|*^*-53i. seq

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

" (b) On remarriage, a widow or widower entitled to compensation; undBF SBction 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage." (64) Section 8142(c)(3) is amended by striking out ", territories and possessions of the United States,'*. (65) Section 8143 is amended— (A) by amending subsection (a)(1) to read as follows: "(1) the monthly pay of an enrollee is deemed that received at the minimum rate for G S - 2; ' '; (B) by amending subsection (a)(3) to read as follows: " (3) 'performance of duty' does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps."; and (C) by amending subsection (b) to read as follows: "(b) This subchapter applies to a volunteer in service to America during training under section 2991a(a) of title 42 and a volunteer in service to America assigned under section 2991a(a)(2) of title 42 to the same extent as enrollees of the Job Corps under subsection (a) of this section. However, for the purpose of the computation described in subsection (a)(1) of this section, the monthly pay of a volunteer is deemed that received at the minimum rate for GS-7." (66)(A) Chapter 81 is amended by inserting the following new section after section 8143: "§ 8143a. Members of the National Teacher Corps "Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. I n administering this subchapter for a member covered by this section— "(1) 'performance of duty' does not include an act of a member while— " (A) on authorized leave; or " (B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and "(2) in computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS-6, whichever is greater." (B) The analysis of chapter 81 is amended by inserting the following new item after item 8143: "•8143a. Members of the National Teacher Corps."

(67)(A) Chapter 81 is amended by inserting the following new section after section 8146: "§ 8146a. Cost-of-living adjustment of compensation " (a) Each month the Secretary of Labor shall determine the percent change in the price index. Effective the first day of the third month which begins after the price index change equals a rise of at least 3 percent for 3 consecutive months over the price index for the latest base month, compensation payable on account of disability or death which occurred more than 1 year before that first day shall be increased by the percent rise in the price index (calculated on the highest level of the price index during the 3 consecutive months) adjusted to the nearest one-tenth of 1 percent. "(b) The monthly compensation after adjustment under this section shall be fixed at the nearest dollar. However, the monthly compensation after adjustment shall reflect an increase of at least $1."

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