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"(c) Except as the Secretary determines, a person receiN'ing instruction under tnis section is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet; however, a person receiving instruction under this section is not entitled to an appointment in the Coast Guard by reason of his graduation from the Academy." (7) The analysis of chapter 9 is amended by inserting at the end thereof: "Sec.

195. Admission

of foreigners

for

instruction:

restrictions;

conditions."

(8) Section 271 is amended by striking the word "eighteen" and Promotions. 77 Stat. 181. inserting the word "twelve" in lieu thereof in the first sentence of sub- 14 USC 271. section (c). Recall to (9) Section 332(a) is amended by striking all after the word "per- active duty. form" and inserting a period at that point. (10) Subsection (g) of section 432 is amended by striking out the 73 Stat. 585,. figures "5,100" and inserting in lieu thereof the figures "7,500". Personnel (11) Section 475 is amended— quarters. (A) by amending the catchline to read as follows: "Leasing 63 Stat. 532. and hiring of quarters; rental of inadequate housing"; (B) by designating the existing paragraph as subsection (d); and (C) by adding new subsections (a), (b), (c),and (e) as follows: Leasing. " (a) The Secretary is authorized to lease housing facilities at or near Coast Guard installations, wherever located, for assignment as public quarters to military personnel and their dependents, if any, without rental char^re upon a determination by the Secretary, or his designee, that there is a lack of adequate housing facilities at or near such Coast Guard installations. Such public housing facilities may be Limitation, leased on an individual or multiple-unit basis. Expenditures for the exception. rental of such housing facilities may not exceed the average authorized for the Department of Defense in any year except where the Secretary of the Department in v,-hich the Coast Guard is operating finds that the average is so low as to prevent rental of necessary housing facilities in some areas, in which event he is authorized to reallocate existing funds to high-cost areas so that rental expenditures in such areas exceed the average authorized for the Department of Defense. "(b) Notwithstanding the provisions of any other law, members of Rental. the Coast Guard, with dependents, may occupy on a rental basis, without loss of basic allowance for quarters, inadequate quarters under the jurisdiction of the Coast Guard notwithstanding that such quarters may have been constructed or converted for assignment as public Limitation, quarters. The net difference between the basic allowance for quarters exception. and the fair rental value of such quarters shall be paid from otherwise available appropriations; however, no rental charge for such quarters shall be made against the basic allowance for quarters of a member of the Coast Guard in excess of 75 per centum of such allowance except that in no event shall the net rental value charged to the member's basic allowance for quarters be less than the cost of maintaining and operating the housing. "(c) The Secretary is authorized, subject to regulations approved by the President— " (1) to designate as rental housing such housing as he may determine to be inadequate as public quarters; and "(2) to lease inadequate housing to members of the Coast Guard for occupancy by them and their dependents.

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 306 Expiration date. 14 USC 461511.

PUBLIC LAW 91-278-JUNE 12, 1970

[84 STAT.

" (e) The authority provided in subsections (a), (b), and (c) of this section shall expire on June 30, 1972." (12) The analysis of chapter 13 is amended by striking out— "475. Hiring of quarters for personnel."

and inserting in lieu thereof "475. Leasing and hiring of quarters; rental of inadequate housing." Supply fund. 70 Stat. 1077.

77 Stat. 69.

14 USC 631656.

(13) Section 650 is amended— (A) by designating the existing paragraph as subsection (a); and (B) by adding a new subsection (b) as follows: " (b) Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursement to the Coast Guard Supply Fund m such amount and for such period, as the Secretary, with approval of the Director of the Bureau of the Budget, majjr determine to be necessary to maintain stock levels consistently with planned operations for the next year." (14) By adding the following new section after section 656: '*§ 657. Dependent school children; transportation of "Whenever the Secretary, under such regulations as he may prescribe, determines that schools located in the same area in which a Coast Guard facility is located are not accessible by public means of transportation on a regular basis, he may provide, out of funds appropriated to or for the use of the Coast Guard, for the transportation of dependents of Coast Guard personnel between the schools serving the area and the Coast Guard facility." (15) The analysis of chapter 17 is amended by adding the following new item: "657. Dependent school children; transportation of."

79 Stat. 615.

10 USC 20012002.

SEC. 2. Title 10, United States Code, is amended as follows: (1) The catchline of section 2002 is amended to read as follows: ''§2002. Dependents of members of armed forces: language training" (2) Subsection (a) of section 2002 is amended— (A) by deleting the comma after the phrase "Secretary of Defense" and inserting "or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Transportation," in lieu thereof; and (B) by deleting "Army, Navy, Air Force, or Marine Corps" and inserting "armed forces" in lieu thereof in subparagraph (3). (3) The analysis of chapter 101 is amended by striking out— "2002. Dependents of members of Army, Navy, Air Force, or Marine Corps: language training."

and inserting in lieu thereof "2002. Dependents of members of armed forces: language training." Uniformed services, pay g r a d e s. 76 Stat. 454. 37 USC 2 0 1. Rates. 77 Stat. 212.

Uniform allowance. 76 Stat. 477; 80 Stat. 198. 37 USC 415.

SEC. 3. Title 37, United States Code, is amended as follows: (1) Subsection (e) of section 201 is amended by striking the word "or" before "Marine Corps" and by inserting the words, or Coast Guard" after "Marine Corps". (2) The first sentence of subsection (b) of section 203 is amended by adding the words "or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy" after the words "United States Air Force Academy". (3) Subsection (e) of section 415 is amended by inserting the words " or a warrant officer under section 213 of title 14," after the words "section 214 of title 14,". Approved June 12, 1970.

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


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Public Law 91-279 AN ACT To extend the provisions of the United States Fishing Fleet Improvement Act, as amended, and for other purposes.

jyj^g j2, 1970 [H. R. 4813]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2 pi^hinFi^r of the United States Fishing Fleet Improvement Act, as amended (46 improvfrnenrAct, U.S.C. 1402), is amended by inserting after the first sentence thereof a amendments. new sentence to read as follows: "Any citizen of the United States may yg stat? 6i4. ' apply to the Secretary for a construction subsidy to aid in the remodeling of any vessel in accordance with this Act." (b) Clause (1) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402(1)), is amended by inserting after the words "and suitable" a comma and the words "in the case of a new fishing vessel and, when appropriate, a remodeled vessel,". (c) Clause (2) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402(2)), is amended by deleting the word "new" from said clause. (d) Clause (7) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402(7)), is amended to read as follows: "(7) the vessel will be modern in design and equipment, be capable, when appropriate, to operate in expanded areas, and will not operate in a fishery if such operation would cause economic hardship to operators of efficient vessels already operating in that fishery unless such vessel will replace a vessel of the applicant operating in the same fishery during the twenty-four-month period immediately preceding the date an application is filed by the applicant, and having a comparable fishing capacity of the replacement vessel, and". SEC. 2. Section 3 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1403), is amended by changing the words "after notice and hearing," to "after notice and opportunity for a public hearing,". SEC. 3. Section 5 of the United States Fishing Fleet Improve- tio^°^survey™y'^' ment Act, as amended (46 U.S.C. 1405), is amended to read as follows: Mariume Admin"SEC. 5. (a) Within sixty days after the date of enactment of this ist^ator. subsection, and from time to time thereafter, the Martime Administrator shall survey foreign shipyards to determine the estimated difference between the cost of constructing various classes of new fishing vessels engaged in the fisheries of the United States in such shipyards, and the cost of remodeling various classes of vessels in such shipyards, and the cost of constructing or remodeling such vessels in a shipyard of the United States. "(b) The Secretary may pay, from funds appropriated under this construction Act for fiscal year 1970 and subsequent fiscal years with respect to t^j^n!' ^' ^''"'*^" any new fishing vessel for which an application is received in such years and approved under section 3 of this Act, a construction subsidy '*^ "^^ ^^^^' of not less than 35 per centum and not more than 50 per centum of the lowest responsible bid for the construction of such vessel in a shipyard of the United States, as determined and certified to the Secretary by the Maritime Administrator, excluding the costs, if any, of any feature incorporated in the vessel for national defense uses which costs shall be paid by the Department of Defense in addition to such subsidy. The amount of such subsidy for each such vessel shall be determined and certified to the Secretary by the Maritime Administrator based on the periodic survey conducted under subsection (a) of this section. " (c) The Secretary may pay, from funds appropriated under this £^^^8^""^"* °^ Act for fiscal year 1970 and subsequent fiscal years with respect to any

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 308 74 Stat. 212. 46 USC 1403.

78 Stat. 614.

Ante, p. 307.

Transfer of vessels.

74 Stat. 214. "Citizen of the United States. " 41 Stat. 1008. 46 USC 803.

"Remodeling.'

Appropriation. 74 Stat. 214; 78 Stat. 614.

PUBLIC LAW 91-279-JUNE 12, 1970

[84 STAT.

vessel for which an application is received in such years and approved under section 3 of this Act for the remodeling of any vessel, a construction subsidy of not more than 35 per centum of the lowest responsible bid for the remodeling of such vessel as a fishing vessel in a shipyard of the United States, as determined and certified to the Secretary by the Maritime Administrator, excluding the costs, if any, of any feature incorporated in the vessel for national defense uses which costs shall be paid by the Department of Defense in addition tx) such subsidy. The amount of such subsidy for each such vessel shall be determined and certified to the Secretary by the Maritime Administrator based on the periodic survey conducted under subsection (a) of this section." SEC. 4. Section 7 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1407), is amended by inserting after the first sentence thereof a new sentence to read as follows: "Beginning on the date of enactment of this sentence, if the applicant disapproves the lowest responsible domestic bid certified by the Maritime Administrator for convenience or other reasons, the Secretary may permit the applicant to accept another responsible domestic bid and agree to pay a construction subsidy under subsection (b) cr (c) of section 5 of this Act which shall not exceed the amount the Secretary would have paid if the applicant had accepted the lowest responsible domestic bid." SEC. 5. Section 9 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1409), is amended by changing the first sentence thereof to read as follows: "The Secretary, in the exercise of his discretion, after notice and a public hearing, may approve the transfer of any vessel constructed with the aid of a subsidy to another fishery when, as determined by the Secretary, the operations of such vessel are shown to be uneconomical or less economical either because of an actual decline of the resource in the particular fishery or fisheries in which such vessel operates, or because of changed market conditions or a combination of these factors, and where he determines that such transfer would not cause economic hardship to operators of efficient vessels already operating in the fishery to which the vessel would be transferred, or where he determines that such transfer would enable such vessel to operate in a newly developed fishery not yet utilized to its capacity by operators of efficient vessels." SEC. 6. (a) Paragraph (3) of section 11 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1411(3)), is amended to read as follows: "(3) 'citizen of the United States' includes a corporation, partnership, or association if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (39 Stat. 729), as amended (46 U.S.C. 802), and the amount of interest required to be owned by a citizen of the United States shall be at least 75 per centum,", (b) Section 11 of such Act is further amended by striking out "and" at the end of paragraph (4); by redesignating paragraph (5) as paragraph (6); and by inserting immediately after paragraph (4) the following new paragraph: "(5) 'remodeling' includes the construction through the conversion or reconditioning of any vessel to a fishing vessel and through the rebuilding of any existing fishing vessel, and". SEC. 7. Section 12 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1412), is amended to read as follows: "SEC. 12. There is authorized to be appropriated for the fiscal years 1970, 1971, and 1972, $20,000,000 per fiscal year to carry out this Act. Such sums are authorized without fiscal year limitation."

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PUBLIC LAW 91-281-JUNE 17, 1970

309.

SEC. 8. Section 13 of the United States Fishing Fleet Improvement ^af^'•'"^"^"°" Act, as amended (46 U.S.C. 1413), is amended by striking out "1969" ^4'Stat. 2i4; and inserting in lieu thereof "1972". 78 Stat. e i4. SEC. 9. Section 4(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c(b)(2)) is amended to read as follows: ^° ^'^'- ''^'^ "(2) Mature in not more than ten years, except that where a loan is for all or part of the costs of constructing a new fishing vessel, such period may be fourteen years.". Approved June 12, 1970.

Public Law 91-280 AN ACT To transfer from the Architect of the Capitol to the Librarian of Congress the authority to purchase office equipment and furniture for the Library of Congress.

j ^ ^ ^ J2, 1970 [H. R. 11628]

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the first section co^^^rTs"s^"addiof the Act entitled "An Act to abolish the office of Superintendent of tionai authority". the Library Building and Grounds and to transfer the duties thereof to the Architect oi the Capitol and the Librarian of Congress", approved June 29^ 1922 (42 Stat. 715; 2 U.S.C. 141), is amended— (1) by striking out, in the second sentence thereof, "and the purchasing and supplying of all furniture and equipment for the building" and inserting m lieu thereof the following: "and the purchasing of all equipment other than office equipment"; and (2) by inserting after the fourth sentence thereof a new sentence as follows: "The Librarian of Congress shall provide for the purchase and supply of office equipment and furniture for library purposes." Approved June 12, 1970.

Public Law 91-281 AN ACT To amend section 11 of an Act approved August 4, 1950 entitled "An Act relating to the iwlicing of the buildings and grounds of the Library of Congress".

j^^g ^7^ ^gyo [H. R. 12619]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Act of August 4, 1950 (64 Stat. 412; 2 U.S.C. 167j) is amended by— (1) inserting therein, immediately after "SEC. 11.", the subsection designation " (a) "; and (2) inserting at the end thereof the following new subsection: "(b) For the purposes of this Act, the term 'Library of Congress "Library of conbuildings and grounds' shall include (1) the whole or any part of any grounds"'- '"^" ^" building or structure which is occupied under lease or owierwise by the Library of Congress and is subject to supervision and control by the Librarian of Congress, (2) the land upon which there is situated any building or structure which is occupied wholly by the Library of Congress, and (3) any subway or enclosed passageway connecting two or more buildings or structures occupied m whole or in part by the Library of Congress.". Approved June 17, 1970.

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PUBLIC LAW 91-282-JUNE 19, 1970

[84 STAT.

Public Law 91-282 June 19, 1970 [H. R. 1 5 1 6 6 ]

River Basin Monetary Authorization and Miscellaneous Civil Works Amendments Act of 1970.

AN ACT ' Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: Act of Congress

Basin Alabama-Coosa River Arkansas River Brazos River Columbia River Lower Mississippi River. Missouri River Ohio River.. Quachita River San Joaquin River South Plalte River Upper Mississippi River White River

Central and southern Florida.

62 Stat. 1175; 82 Stat. 740.

Chesapeake Bay B a s i n Comprehensive Study. 79 Stat. 1095. Scioto River, Ohio. 76 Stat. 1188; 79 Stat. 1085.

-

_

Mar. 2, 1945 June 28, 1938 Sept. 3, 1954 June 28, 1938 May 15, 1928 June 28, 1938 June 22, 1936 May 17, 1950 Dec. 22, 1944 May 17, 1950 June 28, 1938 June 28, 1938

Amount $45,000,000 89,000,000 5,000,000 263,000,000 167,000,000 109,000,000 69,000,000 18,000,000 18,000,000 21,000,000 2,000,000 4,000,000

(b) The total amount authorized to be appropriated by this section shall not exceed $810,000,000. SEC. 2. I n addition to previous authorizations, there is hereby authorized to be appropriated the sum of $25,000,000 for the prosecution of the central and southern Florida comprehensive plan for flood control and other purposes approved in the Flood Control Act of 1948, and subsequent Acts of Congress: Provided, That not to exceed $5,000,000 of this authorization shall be available solely for the accelerated construction of borrow canal L-70, canal C-308, canal C-119W, and pumping station S. 326, together with such other works in the plan of improvement as the Director of the National Park Service and the Chief of Engineers agree are necessary to meet the water requirements of the Everglades National P a r k: Provided further, That as soon as practicable and in any event upon completion of the works specified in the preceding proviso, delivery of water from the central and southern Florida project to the Everglades National Park shall be not less than 315,000 acre-feet annually, prorated according to the monthly schedule set forth in the National Park Service letter of October 20, 1967, to the Office of the Chief of Engineers, or 16.5 per centum of total deliveries from the project for all purposes including the park, whichever is less. SEC. 3. I n addition to the previous authorization, the completion of the Chesapeake Bay Basin Comprehensive Study, Maryland, Virginia, and Pennsylvania, authorized by the River and Harbor Act of 1965 is hereby autnorized at an estimated cost of $9,000,000. SEC. 4. The flood control project for the Scioto River, Ohio, authorized in section 203 of the Flood Control Act of 1962 and modified by section 205 of the Flood Control Act of 1965 is hereby further modified (1) to authorize the construction of local protection works at Chillicothe, Ohio, prior to commencement of construction of the Big Darby Reservoir, and (2) to permit the plan for such works to be revised by the Chief of Engineers so as to provide a degree of protection sub-

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SIX

stantially equivalent to that provided by the project as originally authorized. SEC. 5. (a) The project for comprehensive development of the Dela- B^sln!'^^'^^ ^'"'"^ ware River Basin, as authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 522, 87th Congress, by section 203 of the Flood Control Act of 1962 (76 Stat. 1182), is hereby modified to permit use of the head and water releases of Tocks Island Reservoir as an incident to a pumped storage hydroelectric power development project by applicant presently seeking approval to undertake such development before the Delaware River Basin Commission, subject to the provisions of this section and the pertinent provisions of the Delaware River Basin Compact and the Federal Power Act, including section 10(e) (16 U.S.C. H HH' ^H' 803 (e)) providing for payment of annual charges to the United States: le use 79ia. Provided, That the annual charges payable by applicant for use of the •^^ Stat. 842; Tocks Island project by the aforesaid pumped storage development, including use of project head and water releases, shall be not less than SI,000,000. (b) The Secretary of the Interior shall insure that the planning and construction of the aforesaid pumped-storage project shall be undertaken in accordance with the conditions and requirements relating to Sunfish Pond and Kittatinny Mountain set forth in paragraph numbered (3)(A) of Resolution Numbered 68-12 adopted October 28, 1968, by the Delaware River Basin Commission: Provided, That the Federal Power Commission shall adopt, as part of any license to construct, operate, or maintain the aforesaid pumped-storage project, those requirements and conditions determined by the Secretary of the Interior to be necessary to insure conformance with the provisions of paragraph (3)(A) of such resolution: Provided further, That in no event shall the upper pool of the applicant's proposed pumped-storage project be located on land other than that owned by applicant on April 15, 1969. (c) Any license issued by the Federal Power Commission subject to the provisions of this section shall be conditioned upon the licensee delivering power and energy in an amount not less than, and at a cost not greater than that which would have been delivered from installation of power facilities heretofore authorized, to all preference customers eligible to purchase power from such heretofore authorized facilities: Provided, That, for the purposes of this section, the Delaware River Basin Commission will be considered a preference customer, and the Secretary of the Interior is hereby authorized to allocate such power as may be available under this subsection on an equitable basis ^ among such preference customers. (d) Power and energy shall be made available by any licensee to the United States free of cost for operation and maintenance of Tocks Island Dam. (e) The Tocks Island project and the aforesaid pumped-storage development shall be constructed in such a manner as not to preclude installation at any time of power facilities heretofore authorized at Tocks Island Dam and use of its head and water releases far power purposes by the United States. (f) In carrying out the purposes of this section, the Secretary of the Army and the applicant shall enter into an agreement providing for the payment by the applicant to the Ignited States of such economic costs as may be incurred by the United States in the design, construction, and operation of the Tocks Island Dam necessary to preserve its suitability for the aforesaid pumped-storage development by applicant and power facilities heretofore authorized. In the event a license is not issued for the aforesaid pumped-storage development and the 47-348 O - 72 - 24 (Pt. 1)

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 312

Benbrook Dam, Tex.

Libby Dam, Mont.

Rock Island, 111., toll bridge.

72 Stat. 582; 80 Stat. 141S. Muscatine Bridge Commission, extension.

80 Stat. 274.

Denison Dam, Tex. - Okla. 54 Stat. 1200; 71 Stat. 368.

72 Stat. 319; 75 Stat. 210. 43 USC 390b note.

30 Stat. 1151.

PUBLIC LAW 91-282-JUNE 19, 1970

[84 STAT.

United States constructs the heretofore authorized power facilities, the costs incurred by the United States to preserve the suitability of the project for the installation of such authorized power facilities will be borne by the United States. I n the event of failure to reach timely agreement, the Secretary of the Army shall determine the payment to be made to the United States, and the applicant shall be liable therefor: Provided, That such determination shall be subject to review by the Federal Power Commission. SEC. 6. That the Act entitled "An Act to provide for municipal use of storage water in Benbrook Dam, Texas", approved July 24, 1956 (70 Stat. 632), is amended by inserting immediately after "Fort Worth" the following: ", and with the Benbrook Water and Sewer Authority,". SEC. 7. That the project for Libby Dam, Kootenai River, Montana, is hereby modified to provide that funds available for such project, in an amount not to exceed $750,000, may be used in participation with the State of Montana in the construction, operation, and maintenance of fish hatchery facilities, and the performance of related services, by the State for mitigation of fish losses occasioned by the project, in a manner deemed appropriate by the Secretary of the Army, acting through the Chief of Engineers. SEC. 8. That subsection (c) of the first section of the Act entitled "An Act authorizing the city of Rock Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to a place at or near the city of Davenport, Iowa," approved March 18, 1938 (52 Stat. 110), as amended is amended by striking out "1970" and inserting in lieu thereof "1972". SEC. 9. That section 15 of the Act entitled "An Act creating the Muscatine Bridge Commission and authorizing said commission and its successors to acquire by purchase or condemnation and to construct, maintain, and operate a bridge or bridges across the Mississippi River at or near the city of Muscatine, Iowa, and the town of Drury, Illinois", approved July 26, 1956 (70 Stat. 669; Public Law 811, Eighty-fourth C o n f e s s), as amended, is amended (1) by striking out "fliree years" and inserting in lieu thereof "six years", and (2) by striking out "five years" and inserting in lieu thereof "eight years". SEC. 10. (a) That the project for Denison Dam (Lake Texoma), Red River, Texas and Oklahoma, authorized by the Flood Control Act of 1938 (52 Stat. 1215), as amended, is hereby modified to provide that the city of Sherman, Texas, is authorized to construct a barrier dam across the Big Mineral Arm of Lake Texoma so as to create a subimpoundment of not to exceed ninety-five thousand acre-feet, for the purpose of providing a municipal and industrial water supply in an amount not to exceed fifty-two thousand acre-feet annually. The city of Sherman shall reimburse the United States the costs, as determined by the Secretary of the Army, acting through the Chief of Engineers, allocable to an amount of storage in Lake Texoma equal to that in the subimpoundment, in accordance with the provisions of the Water Supply'Act of 1958, as amended (43 U.S.C. 3 9 0 (b) - (f)), including the loss in power revenues attributable to the subimpoundment. (b) The location and plans for the barrier dam shall be submitted to the Chief of Engineers and the Secretary of the Army for approval prior to construction in accordance with section 9 of the Act of March 3, 1899 (33 U.S.C. 401). (c) Prior to construction of the barrier dam, the city of Sherman shall agree in writing to (1) provide satisfactory means for the transferral of small pleasure craft to and from the subimpoundment and Lake Texoma; (2) obtain any necessary State water rights required

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for use of the stored waters; (3) hold and save the United States free from all damages due to construction, operation, and maintenance of the barrier dam and subimpoundment; (4) operate and maintain the barrier dam and subimpoundment in accordance with regulations issued by the Secretary of the Army; and (5) pay the costs of any alterations or relocations of Federal facilities necessitated by the subimpoundment. SEC. 11. This Act may be cited as the "River Basin Monetary ^^°''^ ""^• Authorization and Miscellaneous Civil Works Amendments Act of 1970". Approved June 19, 1970.

Public Law 91-283 AN ACT To provide for the disposition of judgment funds of the Sioux Tribe of the Fort Peclc Indian Reservation, Montana.

June 19, 1970 [H. R. 10184]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds Fo^/t°peck"ind'ian appropriated by the Act of October 21, 1968 (82 Stat. 1190, 1198), to Reservation, Mont. pay a judgment to the Sioux Tribe of the Fort Peck Reservation, jis^ofition ^""'^^' Montana, in Indian Claims Commission Docket Numbered 279A and ^^°^^ ^°"' the interest thereon, after payment of attorney's fees and all appropriate expenses, and after deducting $50,000 to be used as provided in section 5 of this Act, and after deducting the estimated costs of distribution, shall be distributed per capita to each person born on or before, and living on, the date of this Act who is a citizen of the United States and duly enrolled, on a roll approved by the Secretary of the . Interior, as a member of the Sioux Tribe of the Fort Peck Reservation, in accordance with eligibility requirements and procedures agreed upon by the Secretary of the Interior and the tribe, or its authorized representatives. SEC. 2. The per capita shares shall be determined on the basis of sh^re's^^^^^ the number of persons eligible for per capitas and the number of persons rejected for per capitas who have taken a timely appeal. The shares of those persons whose appeals are denied shall revert to the Sioux Tribe of the Fort Peck Reservation, Montana, to be expended for any purpose designated by the tribe and approved by the Secretary. SEC^ 3. Sums payable to enrollees or their heirs or legatees who are prot'^cTio^n 0°/in!''' less than twenty-one years of age or who are under a legal disability terests. shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. SEC. 4, The funds distributed under the provisions of this Act shall '^^'^ exemptions. not be subject to Federal or State income taxes. SEC. 5. Upon agreement by the Fort Peck Sioux Tribe and the Fort Peck Assiniboine Tribe on the amount each agrees to contribute from any award to each tribe in Indian Claims Commission Docket No. 279A, the agreed contribution of the Fort Peck Sioux Tribe shall be withdrawn from the $50,000, and interest thereon, withheld from per capita distribution pursuant to section 1 of this Act, and credited to the joint account for expenditure pursuant to the Act of June 29, 1954 (68 Stat. 329): Provided, That upon request of the Fort Peck Sioux Tribe the Secretary of the Interior in his discretion may distribute all or part of the aforesaid $50,000 and interest thereon per capita to each person eligible under section 1 of this Act. Approved June 19, 1970.

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PUBLIC LAW 91-284-JUNE 19, 1970

[84 STAT.

Public Law 91-284 June 19, 1970 [H. R. 14306]

To b a c c o allotments. L e a s e and transfer. 75 Stat. 469; 82 Stat. 996. 7 USC 1314b.

Terms and conditions. 77 Stat. 8 1.

Acreage allotment, limitation. 81 Stat. 121.

Repeal. 76 Stat. 151. Acreage poundage quota s. 79 Stat. 66. 7 USC 1314c. 7 USC 1316.

AN ACT To amend the tobacco marketing provisions of the Agricultural Adjustment Act of 1938, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316(a) of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows: " (a) Notwithstanding any other provision of law, the Secretary, if he determines that it will not impair the effective operation of the tobacco marketing quota or price support program, may permit the owner and operator of any farm for which a tobacco acreage allotment (other than a Burley, dark air-cured, fire-cured, Virginia sun-cured and cigar-binder, type 54 or 55 tobacco acreage allotment) is established under this Act to lease all or any part of such allotment or quota to any other owmer or operator of a farm in the same county for use in such county on a farm having a current tobacco allotment or quota of the same kind." SEC. 2. Section 316(b) of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows: " (b) Any lease may be made for such term of years not to exceed five as the parties thereto agree, and on such other terms and conditions, except as otherwise provided in this section, as the parties thereto agree." SEC. 3. Section 316(e) is amended by striking the period and inserting in lieu thereof the following: ": Provided, That in the case of cigar-filler tobacco types 42, 43, or 44, not more than 10 acres of allotment may be leased and transferred to any farm." SEC. 4. Section 316(g) of the Agricultural Adjustment Act of 1938, as amended, is hereby repealed. SEC. 5. Section 317(f) of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out in the parentheses in the fifth sentence the language "Burley tobacco, or other". SEC. 6. Section 703 of the Food and Agriculture Act of 1966 (79 Stat. 1210) is amended by striking out in the last sentence thereof the language "except in the case of burley tobacco, and other kinds of tobacco not subject to section 316,". Approved June 19, 1970.

Public Law 91-285 June 22, 1970 [H. R. 4249]

Voting Rights Act Amendments of 1970.

AN ACT To extend the Voting Rights Act of 1965 with respect to the discriminatory use of tests, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Voting Rights Act Amendments of 1970". SEC. 2. The Voting Rights Act of 1965 (79 Stat. 437; 42 U.S.C. 1973 et seq.) is amended by inserting therein, immediately after the first section thereof, the following title caption:

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315

" TITLE I—VOTING RIGHTS"'. SEC. 3. Section 4(a) of the Voting Rights Act of 1965 (79 Stat. 438; ^^"f^^f 'rohlbf 42 U.S.C. 1973b) is amended by striking out the words "five years" tion?^^' ^'^° ' *'' wherever they appear in the first and third paragraphs thereof, and inserting in lieu thereof the words "ten years". SEC. 4. Section 4(b) of the Voting Rights Act of 1965 (79 Stat. 438; 42 U.S.C. 1973b) is amended by adding at the end of the first paragraph thereof the following new sentence: "On and after August 6, 1970, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous sentence, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1968, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1968, or that less than 50 per centum of such persons voted in the presidential election of November 1968." SEC. 5. Section 5 of the Voting Rights Act of 1965 (79 Stat. 439; 42 U.S.C. 1973c) is amended by (1) inserting after "section 4(a) " the following: "based upon determinations made under the first sentence of section 4(b) ", and (2) inserting after "1964," the following: "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) based upon determinations made under the second sentence of section 4(b) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968,". SEC. 6. The Voting Rights Act of 1965 (79 Stat. 437; 42 U.S.C. 1973 et seq.) is amended by adding at the end thereof the following new titles: "TITLE II—SUPPLEMENTAL PROVISIONS " APPLICATION o r PROHIBITION TO OTHER STAn.S

"SEC. 201. (a) Prior to August 6, 1975, no citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State as to which the provisions of section 4(a) of this Act are not in effect by reason of determinations made ^"P*"^under section 4(b) of this Act. " (b) As used in this section, the term 'test or device' means any vicZ^'^* °'^'^^' requirement that a person as a prerequisite for voting or registration fcr voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class.

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[84

STAT.

"RESIDENCE REQUIREMENTS FOR VOTING

u s e prec. title 1.

Durational residency requirement, abolishment.

Absentee regisstration and balloting standards, establishment.

Registration.

"SEC. 202. (a) The Congress hereby finds that the imposition and application of the durational residency requirement as a precondition to voting for the offices of President and Vice President, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections— "(1) denies or abridges the inherent constitutional right of citizens to vote for their President and Vice President; "(2) denies or abridges the inherent constitutional right of citizens to enjoy their free movement across State lines; "(3) denies or abridges the privileges and immunities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution; "(4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote; "(5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaranteed to them under the fourteenth amendment; and "(6) does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections. " (b) Upon the basis of these findings. Congress declares that in order to secure and protect the above-stated rights of citizens under the Constitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a precondition to voting for President and Vice President, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections. "(c) No citizen of the United States who is otherwise qualified to vote in any election for President and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivision; nor shaH any citizen of the United States be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election. " (d) For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly aualified residents of such State who apply, not later than thirty days immediately prior to any presidential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee ballots for the choice of electors for President and Vice President, or for President and Vice President, by all duly qualified residents

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of such State who may be absent from their election district or unit in such State on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election. "(e) If any citizen of the United States who is otherwise qualified to vote in any State or political subdivision in any election for President and Vice President has begun residence in such State or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration requirements of such State or political subdivision he shall be allowed to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election, (1) in person in the State or political subdivision in which he resided immediately prior to his removal if he had satisfied, as of the date of his change of residence, the requirements to vote in that State or political subdivision, or (2) by absentee ballot in the State or political subdivision in which he resided immediately prior to his removal if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in that State or political subdivision. " (f) No citizen of the United States who is otherwise qualified to vote by absentee ballot in any State or political subdivision in any election for President and Vice President shall be denied the right to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election because of any requirement of registration that does not include a provision for absentee registration. -" " (^) Nothing in this section shall prevent any State or political subdivision from adopting less restrictive voting practices than those that are prescribed herein. " (h) The term 'State' as used in this section includes each of the "state," several States and the District of Columbia. " (i) The provisions of section 11(c) shall apply to false registration,,. ^^i«« registra_•',

K

^1

T ^ '.

, '^ ^ ''

,

T ^ i

,.'

and other fraudulent acts and conspiracies, committed under this section. ((JUDICIAL RELIEF "SEC. 203. Whenever the Attorney General has reason to believe that a State or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 201, or (b) undertakes to deny the right to vote in any election in violation of section 202, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393 of title 28, United States Code, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. An action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2282 of title 28 of the United States Code and any appeal shall be to the Supreme Court. "PENALTY

"SEC. 204. Whoever shall deprive or attempt to deprive any person of any right secured by section 201 or 202 of this title shall be fined not more than $6,000, or imprisoned not more than five years, or both.

tion, penalty*

79 Stat. 443. ^2 USC 19731.

^2 Stat. 935.

^^ Stat. 968.

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PUBLIC LAW 91-285-JUNE 22, 1970

[84 STAT.

SEPARABILITY

"SEC. 205. If any provision of this Act or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected by such determination. "TITLE III—REDUCING VOTING AGE TO E I G H T E E N IN FEDERAL, S T A T E, A N D LOCAL ELECTIONS 'DECLARATION AND FINDINGS

u s e prec. title 1. Denial of right to vote, prohibition.

"SEC. 301. (a) The Congress finds and declares that the imposition and application of the requirement that a citizen be twenty-one years of age as a precondition to voting in any primary or in any election— "(1) denies and abridges the inherent constitutional rights of citizens eighteen years of age but not yet twenty-one years of age to vote—a particularly unfair treatment of such citizens in view of the national defense responsibilities imposed upon such citizens; "(2) has the effect of denying to citizens eighteen years of age but not yet twenty-one years of age the due process and equal protection of the laws that ^ are guaranteed to them under the fourteenth amendment of the Constitution; and "(3) does not bear a reasonable relationship to any compelling State interest. "(b) In order to secure the constitutional rights set forth in subsection (a), the Congi^ess declares that it is necessary to prohibit the denial of the right to vote to citizens of the United States eighteen years of age or over. "PROHIBITION

"SEC. 302. Except as required by the Constitution, no citizen of the United States who is otherwise qualified to vote in any State or political subdivision in any primary or in any election shall be denied the right to vote in any such primary or election on account of age if such citizen is eighteen years of age or older. a ENFORCEMENT

Jurisdiction.

62 Stat. 968.

Penalty.

"SEC. 303. (a)(1) I n the exercise of the powers of the Congress under the necessary and proper clause of section 8, article I of the Constitution, and section 5 of the fourteenth amendment of the Constitution, the Attorney General is authorized and directed to institute in the name of the United States such actions against States or political subdivisions, including actions for injunctive relief, as he may determine to be necessary to implement the purposes of this title. "(2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title, which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code, and any appeal shall lie to the Supreme Court. I t shall be the duty of the judges designated to hear the case to assign the case for hearing and determination thereof, and to cause the case to be in every way expedited. "(b) Whoever shall deny or attempt to deny any person of any right secured by this title shall be fined not more than $5,000 or imprisoned not more than five years, or both. » ' - '"•>«^-- - t

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319

PUBLIC LAW 91-286-JUNE 23, 1970 "DEFINITION

"SEC. 304. As used in this title the term 'State' includes the District of Columbia.

"State."

"DEFECTIVE DATE

"SEC. 305. The provisions of title III shall take effect with respect to any primary or election held on or after January 1, 1971.'' Approved June 22, 1970.

Public Law 91-286 AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the East Greenacres unit, Rathdrum Prairie project, Idaho, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of providing irrigation water supplies, providing municipal and industrial water, the conservation and enhancement of fish and wildlife resources, and the enhancement of recreation opportunities, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the East Greenacres unit, Rathdrum Prairie project, Idaho. The principal works of the unit shall consist of wells, regulating reservoirs, the necessary water distribution systems, and related works. SEC. 2. (a) Irrigation repayment contracts shall provide for repayment of the irrigation construction costs assigned to the irrigators for repayment over a period of not more than fifty years, exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707), and from surplus municipal and industrial water revenues as provided by subsection 2(b) of this Act. (b) Municipal and industrial repayment contracts shall provide for repayment of the construction costs allocated to municipal and industrial water supply, with interest, by the municipal and industrial water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations, organizations, or other entities as defined in section 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187): Provided,, That contracts for municipal and industrial water service shall provide that annual payments shall continue at the same rates as long as the irrigation repayment contracts are in effect: Provided further, That revenues in excess of those required to repay the allocated municipal and industrial water supply costs with interest and the portion of the annual operation, maintenance, and replacement costs allocated to municipal and industrial water supply shall be returned to the reclamation fund and credited toward the repayment of the construction costs allocated to irrigation which are beyond the ability of the irrigators to repay. Such contracts may be entered into with a

June 23, 1970 [H. R. 9854]

East Greenacres unit, Rathdrum Prairie project, Idaho. Authorization.

43 USC 371 and note.

16 USC 835h8 35m.

43 USC 485a.

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PUBLIC LAW 91-287-JUNE 23, 1970

53 Stat. 1193. 43 USC 485h. Interest r a t e. Determination by Treasury Secretary.

16 USC 12 note.

460l-

Agricultural u s e, limitation.

63 Stat. 1051. 7 USC 1421 note. 62 Stat. 1251; 63 Stat. 676, 1057. 7 USC 1301. Appropriations.

[84 STAT.

qualified entity or entities pursuant to the provision of this Act without regard to the last sentence of subsection 9(c) of the Reclamation Project Act of 1939, supra, and shall be executed before the commencement of construction of the unit. (c) The interest rate used for purposes of computing interest during construction and, where appropriate, interest on the unpaid balance of the reimbursable obligations assumed by non-Federal entities shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasur;^ upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 3. The provision of lands, facilities, and project modifications which furnish outdoor recreation and fish and wildlife benefits in connection with the East Greenacres unit shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213). SEC. 4. Power and energy required for irrigation water pumping for the East Greenacres unit shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. SEC. 5. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the pix)duction on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 6. There is hereby authorized to be appropriated for construction of the works herein authorized and for the acquisition of necessary land and rights the sum of $4,965,000 (January 1969 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said unit. Approved June 23, 1970«

Public Law 91-287 June 23, 1970 [H. R. 1 4 3 0 0 ]

Government records, disposal. 82 Stat. 1299.

AN ACT To amend title 44, United States Code, to facilitate the disposal of Government records without auflScient value to vs^arrant their continued preservation, to abolish the Joint Committee on the Disposition of Executive Papers, and for other purposes.

Be it enacted by the Senate and Houf^e of Representatives of the United States of America in Congress assembled, That chapter 33 (relating to disposal of records) of title 44, United States Code, is amended by inserting immediately after section 3303 thereof the following new section: lists and schedules of records lacking preservation value; disposal of records
 * § 3303a. Examination by Administrator of General Services of

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" (a) The Administrator of General Services shall examine the lists and schedules submitted to him under section 3303 of this title. If the ^^ sta^ ^1299. Administrator determines that any of the records listed in a list or schedule submitted to him do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government, he may— .^, "(1) notify the agency to that effect • and "(2) empower the agency to dispose of those records in accordance with regulations promulgated under section 3302 of this title. " (b) Authorizations granted under lists and schedules submitted to the Administrator under section 3303 of this title shall be mandatory, subject to section 2909 of this title. Authorizations granted under ^ schedules promulgated under subsection (d) of this section shall be permissive. "(c) The Administrator may request advice and counsel from the Committee on Kules and Administration of the Senate and the Committee on House Administration of the House of Representatives with respect to the disposal of any particular records under this chapter whenever he considers that— "(1) those particular records may be of special interest to the Congress; or "(2) consultation with the Congress regarding the disposal of those particular records is in the public interest. However, this subsection does not require the Administrator to request such advice and counsel as a regular procedure in the general disposal of records under this chapter. " (d) The Administrator may promulgate schedules authorizing the disposal, after the lapse of specified periods of time, of records of a specified form or character common to several or all agencies if such records will not, at the end of the periods specified, have sufficient administrative, legal, research, or other value to warrant their further preservation by the United States Government. ..:.ui;.,.... i "(e) The Administrator may approve and effect the disposal of records that are in his legal custody, provided that records that had been in the custody of another existing agency may not be disposed of without the written consent of the head of the agency. ' ' *', " (f) The Administrator shall make an annual report to the Con- „/^^P°''* *° ^°"' gress concerning the disposal of records under this chapter, including g r e s s. ""°^ general descriptions of the types of records disposed of and such other information as he considers appropriate to keep the Congress fully informed regarding the disposal of records under this chapter.". SEC. 2. (a) Section 3308 (relating to disposal of similar records where prior disposal was authorized) of title 44, United States Code, ^^ ^*^*" ^^°^ is amended by striking out "by Congress". iiqo-tqqA (b) Section 3309 (relating to preservation of claims of Government until settled in General Accounting Office) of title 44, United States Code, is amended by striking out "under sections 3306-3308 of this title" and inserting in lieu thereof "under this chapter". (c) The following sections of chapter 33 of title 44, United States Repeal. Code, are hereby repealed: (1) section 3304 (relating to lists and schedules of records lacking preservation value and their submission to Congress by the Administrator of General Services); (2) section 3305 (relating to examination of lists and schedules by the joint congressional committee for the disposition of certain records of the United States Government and the report of that joint committee to the Congress);

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PUBLIC LAW 91-288-JUNE 23, 1970

[84 STAT

(3) section 3306 (relating to disposal of records by agency heads upon notification by the Administrator of General Services of the action of the joint congressional committee); and (4) section 3307 (relating to disposal of records upon failure of the joint congressional committee to act). SEC. 3. The table of sections of chapter 33 of title 44, United States Code, is amended by striking out— "3304. Lists and schedules of records lacking preservation value; submission to Congress by Administrator of General Services. "3305. Examination of lists and schedules by joint congressional committee and report to Congress. "3306. Disposal of records by head of Government agency upon notification by Administrator of General Services of action by joint congressional committee. "3307. Disposal of records upon failure of joint congressional committee to act."

and inserting in lieu thereof— "3303a. Examination by Administrator of General Services of lists and schedules of records lacking preservation value; disposal of records.".

SEC. 4. Section 2909 (relating to retention of records) of title 44, United States Code, is amended by striking out "approved by Congress" wherever occurring therein. Approved June 23, 1970.

Public Law 91-288 June 23, m o

[H. R. 12860] Ford's Theatre National Historical Site. Establishment.

16 USC 1 et seq. 16 USC 461-467. Property acquisition.

Appropriation.

^NACT

To establish the Ford's Theatre National Historical Site, 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 properties administered by the Secretary of the Interior in the District of Columbia known as the House Where Lincoln Died, the Lincoln Museum, Ford's Theatre, and the property authorized to be acquired in section 2 of this Act are hereby established as the Ford's Theatre National Historic Site, which shall be administered in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666), as amended and supplemented. SEC. 2. The Secretary of the Interior is authorized to acquire by donation or by purchase with donated or appropriated funds the property and the improvements thereon located at 517 Tenth Street, Northwest, in the District of Columbia, adjacent to the historic Ford's Theatre and consisting of approximately eight hundred and twelve square feet of land. SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, of which not more than $94,000 shall be used for the acquisition of the property referred to in section 2 of this Act, and not more than $176,000 shall be used for the development of said property. Approved June 23, 1970.

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323

Public Law 91-289 AN ACT To amend section 6 of the War Claims Act of 1948 to include prisoners of war captured during the Vietnam conflict, and for other purposes.

j^jjjg 24, 1970 [H. R. 4204]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the War Claims Act W a r Claims Act of 1948 (50 App. U.S.C. 2005) is amended as follows: °Ut ^ (1) by redesignating subsection (f) as subsection (g); and 62 Stat. 1244; (2) by inserting immediately after subsection (e) the following W gtat! 761. ' new subsection: " (f)(1) As used in this subsection— " (A) the term 'Vietnam conflict' relates to the period beginning fiie^'^*"^'" ''°"' February 28, 1961, and ending on such date as shall thereafter be determined by Piesidential proclamation or concurrent resolution of the Congress; and " (B) the term 'prisoner of war' means any regularly appointed, "Prisoner of enrolled, enlisted^ or inducted member of the Armed Forces of '"^^' the United States who was held as a prisoner of war for any period of time during the Vietnam conflict by any force hostile to the United States, except any such member who, at any time, voluntarily, knowingly, and without duress, ^ave aid to or collaborated with, or in any manner served, such hostile force. "(2) The Commission is authorized to receive and to determine, s^lon?^' ''°'^^^"' according to law, the amount and validity, and provide for the payment of any claim filed by any prisoner of war for compensation for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to furnish him the quantity or quality of food prescribed for prisoners of war under the terms of the Geneva Convention of August 12, 1949. The compensation allowed to any prisoner of war ^ ^^"^ ^aie. under the provisions of this paragraph shall be at the rate of $2 for each day on which he was held as a prisoner of war and on which such hostile force, or its agents, failed to furnish him such quantity or quality of food. "(3) The Commission is authorized to receive and to determine, according to law, the amount and validity and provide for the payment of any claim filed by any prisoner of war for compensation— " (A) for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to meet the conditions and requirements prescribed under chapter VIII, section III, of the Geneva Convention of August 12, 1949, relating to labor of prisoners of ^ ^ST 3354. war; or " (B) for inhumane treatment b ^ the hostile force by which he tre'a\^"mf"^ was held, or its agents. The term 'inhumane treatment as used in this subparagraph shall include, but not be limited to, failure of such hostile force, or its agents, to meet the conditions and requirements of one or more of the provisions of article 3, 12, 13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45, 46, 47, 48, 84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Geneva Convention of August 12, 1949. (compensation shall be allowed to any prisoner of war under this para- Amount. graph at the rate of $3 per day for each day on which he was held as a prisoner of war and with respect to which he alleges and,proves in a manner acceptable to the Commission the failure to meet the conditions and requirements described in subparagraph (A) of this paragraph or the inhumane treatment described in subparagraph (B) of this paragraph. In no event shall the compensation allowed to any prisoner Limitation. of war under this paragraph exceed the sum of $3 with respect to any one day.

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66 Stat. 47. 50 USC app. 2005. Filing date.

Appropriation.

U.S.S. Pueblo. 68 Stat. 761.

62 Stat. 1242; 76 Stat. 413.

"Vietnam conflict."

"Civilian American citizen."

PUBLIC LAW 91-289-JUNE 24, 1970

[84 STAT.

"(4) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be paid by the Secretary of the Treasury to the person entitled theieto, and shall, in the case of death or determination of death of the persons who are entitled, be paid only to or for the benefit of the persons specified, and in the order established, by subsection (d)(4) of this section. "(5) Each claim filed under this subsection must be filed not later than three years from whichever of the following dates last occurs: " (A) the date of enactment of this subsection; " (B) the date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or " (C) the date upon which the Department of Defense makes a determination that the prisoner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States. The Commission shall complete its determinations with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed. "(6) An^ claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection. "(7) There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses." SEC. 2. Section 6(e) of the W a r Claims Act of 1948 (50 App. U.S.C. 2005(e)) is amended as follows: (1) I n paragraph (1), strike out "except any such member" and insert in lieu thereof "or any person (military or civilian) assigned to duty in the U.S.S. Pueblo who was captured by the military forces of North Korea on January 23, 1968, and thereafter held prisoner by the Government of North Korea for any period of time ending on or before December 23, 1968, except any person". (2) At the end of paragraph (5), add the following new subparagraph: " (D) I n the case of any person assigned to duty in the U.S.S. Pueblo referred to in paragraph (1) of this subsection, one year after the date of enactment of this subparagraph." SEC. 3. Section 5 of the W a r Claims Act of 1948 (50 App. U.S.C. 2004) is amended— (1) by striking out in subsection (e) "subsection (g) " and inserting in lieu thereof "subsections (g) and (i) "; and (2) by adding at the end thereof the following new subsection: "(i)(1) As used in this subsection— " (A) the term 'Vietnam conflict' relates to the period beginning on February 28, 1961, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress; and " (B) the term 'civilian American citizen' means any person who, being then a citizen of the United States, was captured in Southeast Asia during the Vietnam conflict by any force hostile to the United States, or who went into hiding in Southeast Asia in order to avoid capture or internment by any such hostile force, except (i) a person who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (ii) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.

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Detention bene"(2) The Commission is authorized to receive and to determine, fits. according to law, the amount and validity, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to February 27, 1961, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid capture or internment by any such hostile force. "(3) The detention benefits allowed under paragraph (2) of this Amount. subsection shall be at the rate of $60 for each calendar month. "(4) The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the civilian American citizen entitled thereto, or, in the event of his death, only to the following persons: " (A) the widow or husband if there is no child or children of the deceased; " (B) the widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares; " (C) the child or children of the deceased in equal shares if there is no widow or dependent husband, "(5) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection, and shall be paid to the person entitled thereto, except that if a person entitled to payment under this section is under any legal disability, payment shall be made in accordance with the provisions of subsection (e) 66 Stat. 49. of this section. "(6) Each claim filed under this section must be filed not later than ^'""^ '^^'^• three years from whichever of the following dates last occurs: " (A) the date of enactment of this subsection; " (B) the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or " (C) the date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of a n j civilian American citizen who has not returned to the jurisdiction of the United States. The Commission shall complete its determinations for each claim filed under this subsection at the earliest practicable date, but not later than one year after the date on which such claim was filed. "(7) There are authorized to be appropriated such amounts as may Appropriation. be necessary to carry out the purposes of this subsection, including necessary administrative expenses." Approved June 24, 1970.

Public Law 91-290 AN ACT To further extend the period of restrictions on lands of the Quapaw Indiana, Oklahoma, and for other purpases.

June 25, 1970 [S. 887]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the existing oua^^^"' mdians. restrictions, tax exemptions, and limitations affecting lands of Quapaw Land restrictions, Indians in Oklahoma that were extended to March 3, 1971, by the extension. Act of July 27, 1939 (63 Stat. 1127), are hereby extended for a further period of twenty-five years from the date on which such restrictions, tax exemptions, and limitations would otherwise expire. Approved June 25, 1970.

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[84 STAT.

Public Law 91-291 June 25, 1970 [S. 1479]

Armed Forces. Group life insurance, increase. 79 Stat. 880.

70A Stat. 605; 78 Stat. 999.

AN ACT To amend title 38, United States Code, to authorize a maximum of.$15,000 coverage under Servicemen's Group Life Insurance, to enlarge the classes eligible for such insurance, to improve the administration of the programs of life insurance provided for servicemen and veterans, and for other purposes.

Be It enacted by the Senate and House of RepreHentativeH of the United /States of America in Congress assembled, That section 765 of title 38, United States Code, is amended to read as follows: "§ 765. Definitions "For the purpose of this subchapter— " (1) The term 'active duty- means— " (A) full-time duty in the Armed Forces, other than active duty for training; " (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service; and " (C) full-time duty as a commissioned officer of the Environmental Science Services Administration. "(2) The term 'active duty for training' means— " (A) full-time duty in the Armed Forces performed by Reserves for training purposes; " (B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health Service; " (C) full-time duty as a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises; and " (D) in the case of members of the National Guard or Air National Guard of any State, full-time duty under sections 316, 502, 503, 504, or 505 of title 32, United States Code. "(3) The term 'inactive duty training' means— "(x\) duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) which duty is scheduled in advance by competent authority to begin at a specific time and place; and " (B) in the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) which is scheduled in advance by competent authority to begin at a specific time and place under sections 316, 502,503,504, or 505 of title 32, United States Code. " (4) The terms 'active duty for training' and 'inactive duty training' do not include duty performed as a temporary member of the Coast Guard Reserve, and the term 'inactive duty training' does not include (i) work or study performed in connection with correspondence courses, or (ii) attendance at an educational institution in an inactive status. " (5) The term 'member' means— " (A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank or grade; and " (B) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises. "(6) The term 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the

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Public Health Service, and the commissioned corps of the Environmental Science Services Administration." SEC. 2. Section 767 of title 38, United States Code, is amended to read as follows: "§767. Persons insured; amount " (a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure any member of the uniformed service on active duty, active duty for training, or inactive duty training scheduled in advance by competent authority, against death in the amount of $15,000 unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in the amount of $10,000 or $5,000. The insurance shall be effective the first day of active duty or active duty for training, or the beginning of a period of inactive duty training scheduled in advance by competent authority, or from the date certified by the Administrator to the Secretary concerned as the date servicemen's group life insurance under this chapter for the class or group concerned takes effect, whichever is the later date. " (b) Any member (other than one who has elected not to be insured under this subchapter for the period or periods of duty involved^— " (1) who, when authorized or required by competent authority, assumes an obligation to perform (for less than thirty-one days) active duty, or active duty for training, or inactive duty training scheduled in advance by competent authority; and "(2) who is rendered uninsurable at standard premium rates according to the good health standards approved by the Administrator, or dies within ninety days thereafter, from a disability, or aggravation of a preexisting disability, incurred by him while proceeding directly to or returning directly from such active duty, active duty tor training, or inactive duty training as the case may be; shall be deemed to have been on active duty, active duty for training, or inactive duty training, as the case may be, and to have been insured under this subchapter at the time such disability was incurred or aggravated, and if death occurs within ninety days thereafter as a result of such disability to have been insured at the time of death. I n determining whether or not such individual was so authorized or required to perform such duty, and whether or not he was rendered uninsurable or died within ninety days thereafter from a disability so incurred or aggravated, there shall be taken into account the call or order to duty, the orders and authorizations of competent authority, the hour on which the member began to so proceed or to return, the hour on which he was scheduled to arrive for, or on which he ceased to perform such duty; the method of travel employed; his itinerary; the manner in which the travel was performed; and the immediate cause of disability or death. Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant. "(c) If any member elects not to be insured under this subchapter or to be insured in the amount of $10,000 or $5,000, he may thereafter be insured under this subchapter or insured in the amount of $15,000 or $10,000 under this subchapter, as the case may be, upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Administrator."

47-348 O - 72 - 25 (Pt. 1)

327

79 Stat. ssi.

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PUBLIC LAW 91-291-JUNE 25, 1970

[84 STAT.

§£0. 3. Section 768 of title 38, United States Code, is amended to read as follows: "§ 768. Duration and termination of coverage; conversion " (a) Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services, unless discontinued or reduced upon the written request of the insured, shall continue in effect while the member is on active duty, active duty for training, or inactive duty training scheduled in advance by competent authority during the period thereof, and such insurance shall cease— " (1) with respect to a member on active duty or active duty for training under a call or order to duty that does not specify a period of less than thirty-one days— " (A) one hundred and twenty days after the separation or release from active duty or active duty for training, unless on the date of such separation or release the member is totally disabled, under criteria established by the Administrator, in which event the insurance shall cease one year after the date of separation or release from such active duty or active duty for training, or on the date the insured ceases to be totally disabled, whichever is the earlier date, but in no event prior to the expiration of one hundred and twenty days after such separation or release; or " (B) at the end of the thirty-first day of a continuous period of (i) absence without leave, (ii) confinement by civil authorities under a sentence adjudged by a civilian court, or (iii) confinement by military authorities under a courtmartial sentence involving total forfeiture of pay and allowances. Any insurance so terminated as the result of such an absence or confinement, together with any beneficiary designation in effect for such insurance at such termination thereof, shall be automatically revived as of the date the member is restored to active duty with pay or to active duty for training with pay. "(2) with respect to a member on active duty or active duty for training under a call or order to duty that specifies a period of less than thirty-one days insurance under this subchapter shall cease at midnight, local time, on the last day of such duty, unless on such date the insured is suffering from a disability incurred or aggravated during such period which, within ninety days after such date, (i) results in his death, or (ii) renders him uninsurable at standard premium rates according to the good health standards approved by the Administrator, in which event the insurance shall continue in force to death, or for ninety days after such date, whichever is the earlier date. "(3) with respect to a member on inactive duty training scheduled in advance by competent authority insurance under this subchapter shall cease at the end of such scheduled training period, unless at such time the insured is suffering from a disability incurred, or aggravated during such period which, within ninety days after the date of such training, (i) results in his death, or (ii) renders him uninsurable at standard premium rates according to the good health standards approved by the Administrator

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in which event the insurance shall continue in force to death, or for ninety days after the date such training terminated, whichever is the earlier date. "(b) Each policy purchased under this subchapter shall contain a provillon!^°" provision, in terms approved by the Administratorj for the conversion of Servicemen's Group Life Insurance to an individual policy of life insurance— " (1) with respect to a member on active duty or active duty for training under a call or order to duty that does not specify a period of less than thirty-one days, effective the one hundred and twentyfirst day after separation or release from such duty, or at any time thereafter such insurance is in effect; " (2) with respect to a member on active duty or active duty for training under a call or order to duty that specifies a period of less than thirty-one days, and a member insured during inactive duty training scheduled in advance by competent authority there shall be no right of conversion unless the insurance is continued in force for ninety days after such duty terminates, as the result of a disability incurred or aggravated during such active duty, active duty for training, or inactive duty training, in which event the insurance may be converted effective the day after the end of such ninety-day period. " (c) An insured eligible to convert insurance under this subchapter. Participating upon request to the Office of Servicemen's Group Life Insurance shall panics. be furnished a list of life insurance companies participating in the written appucaprogram established under this subchapter. Upon written application s\on. "^ °"^'" for conversion of Servicemen's Group Life Insurance made by an eligible insured under this subchapter to the participating company he selects and payment of the required premiums the insured shall be granted life insurance on a plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States. Such converted insurance shall be issued without a medical examination if application is made within one hundred and twenty days after separation or release from active duty or active duty for training under a call or order to duty that did not specify a period of less than thirty-one days. Medical examinations and evidence of qualifying health conditions may be required in any case where the former member alleges that his insurance is continued in force beyond the normal termination date by reason of a qualifying disability incurred or aggravated during active duty, active duty for training, or inactive duty training. In addition to the life insurance companies participating in the program established under this subchapter, the list furnished to an insured under this section, shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms and conditions established by the Administrator and agree to sell insurance to former members in accordance with the provisions of this section." SEC. 4. Section 769 of title 38, United States Code, is amended—?„^l"^!'°f„^ 79 Stat. 8 8 1. (1) by amending subsections (a) and (b) to read as follows: " (a)(1) During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other

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pay until separation or release from such duty an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. "(2) During any fiscal year, or portion thereof, that a member is on active duty or active duty for training under a call or order to such duty that specifies a period of less than thirty-one days, or is authorized or required to perform inactive duty training scheduled in advance by competent authority, and is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, the Secretary concerned shall collect from him (by deduction from pay or otherwise) an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. "(3) Any amount not deducted from the basic or other pay of a member insured under this subchapter, or collected from him by the Secretary concerned, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount under subsection (1) hereof, or fiscal year amount under subsection (2) hereof, determined by the Administrator to be charged under this section for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from his basic or other pay, or collected from him by the Secretary concerned, to cover the insurance granted under this subchapter. "(b) For each month for which any member is so insured, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of duty in the uniformed services. Effective January 1, 1970, such cost shall be determined by the Administrator on the basis of the excess mortality incurred by members and former members of the uniformed services insured under this subchapter above what their mortality would have been under peacetime conditions as such mortality is determined by the Administrator using such methods and data as he shall determine to be reasonable and practicable. The Administrator is authorized to make such adjustments regarding contributions from pay appropriations as may be indicated from actual experience." (2) by inserting after "pay of members" in the first sentence of subsection (d)(1) the following: ", or collected from them by the Secretary concerned,". SEC. 5. Section 770 of title 38, United States Code, is amended by

79 Stat. 880.

Beneficiaries. 70 Stat

8

S

[84 STAT.

^

»

•

•

•^

adding the following new subsections thereto: "(e) Until and unless otherwise changed, a beneficiary designation and settlement option filed by a member with his uniformed service under prior provisions of law will be effective with respect to the increased insurance authorized under this amendatory Act and the insurance shall be settled in the same proportionate amount as the portion designated for such beneficiary or beneficiaries bore to the amount of insurance heretofore in effect.

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" (f) Notwithstanding the provisions of any other law, payment of Jf^r'^/JoV" matured Servicemen's Group Life Insurance benefits may be made '"""^ directly to a minor widow or widower on his or her own behalf, and payment in such case shall be a complete acquittance to the insurer. " (g) Payments of benefits due or to become due under Servicemen's fr<^"ax"uon^eu:* Group Life Insurance made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claims of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to (1) collection of amounts not deducted from the member's pay, or collected from him by the Secretary concerned under section 769(a) of this title, (2) levy '*"'°' P* ^^^• under subchapter D of chapter 64 of the Internal Revenue Code of 1954 SSA Stat. 783; (relating to the seizure of property for collection of taxes), and (3) the ^°26 USC 633*1taxation of any property purchased in part or wholly out of such 6344. payments." SEC. 6. Section 774 of title 38, United States Code, is amended by 79 Stat. sss. inserting after "the Secretary of Health, Education, and Welfare," the following: "the Secretary of Transportation,". SEC. 7. The analysis of subchapter III of chapter 19 of title 38, United States Code, is amended by striking therefrom "768. Termination of coverage; conversion"

and inserting in lieu thereof the following: "768. Duration and termination of coverage; conversion".

SEC. 8. The third sentence of section 705 of title 38, United States Li?e^"ns"under'" Code, is amended by striking out "lapse occurred not earlier than two 72 Stat.Ms'. months before the expiration of the term period" and inserting in lieu thereof "insured makes application for reinstatement and renewal of his term policy within five years after the date of lapse". SEC. 9. Section 707 of title 38, United States Code, is amended by Dividends. cash Request for inserting " (a) " before the word "Until" and adding a new subsection payment (b)asfollows: 72 Stat. 1149. "(b) No claim by an insured for payment in cash of a special dividend declared prior to January 1, 1952, shall be processed by the Veterans' Administration unless such claim was received within six years after such dividend was declared. Whenever any claim for payment of a special dividend, the processing of which is barred by this subsection, is received in the Veterans' Administration, it shall be returned to the claimant, with a copy of this subsection, and such action shall be a complete response without further communication." SEC. 10. Section 717 of title 38, United States Code, is amended (a) ancfprocee"dT' by substituting a period for the comma after the word "beneficiary" ^ Method'^of paVin the last sentence of subsection (c) and striking the remainder of '"^"*the sentence, and (b) by adding at the end thereof the following new ^^ ^*^'* ^^^^° subsection: "(e) Under such regulations as the Administrator may promulgate, the cash surrender value of any policy of insurance or the proceeds of an endowment contract which matures by reason of completion of the endowment period may be paid to the insured under option (2) or (4) of this section. All settlements under option (4), however, shall be calculated on the basis of The Annuity Table for 1949. If the option selected requires payment of monthly installments of less than $10, the amount payable shall be paid in such maximum number of monthly installments as are a multiple of twelve as will provide a monthly installment of not less than $10." SEC. 11. Section 745 of title 38, United States Code, is amended to n^e^fLPfeTnTJ^. read as follows: ance.

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