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 98 STAT. 2690

38 USC 5036.

38 USC 5037.

PUBLIC LAW 98-528—OCT. 19, 1984 (iii) by striking out "construction" in the third sentence and inserting in lieu thereof "the project"; and (iv) by striking out "the construction o f in the fourth sentence. (4) Section 5036 is amended— (A) by striking out "for construction" after "completion of any project"; (B) by inserting "acquisition," after "in the case of the"; (C) by striking out "value of such construction" and inserting in lieu thereof "value of such project"; (D) by striking out "for such construction" after "assistance provided for"; and (E) by striking out "twenty" both places it appears and inserting in lieu thereof "20". (5) Section 5037 is amended by inserting "or acquired" after "constructed".

COORDINATION OF VETERANS' ADMINISTRATION HEALTH-CARE SERVICES WITH STATE AND LOCAL PROGRAMS

38 USC 220.

SEC. 106. (a) Section 220 is amended— (1) by inserting "(a)" before "The Administrator"; and (2) by adding at the end the following new subsection: "Oo) The Administrator shall seek to achieve the effective coordination of the provision, under laws administered by the Veterans' Administration, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and by private entities at the State and local level. In carrying out this subsection, the Administrator shall place special emphasis on veterans who are sixty-five years of age or older.". (b)(1) The heading of such section is amended to read as follows: "§ 220. Coordination and promotion of other programs affecting veterans and their dependents". (2) The item relating to such section in the table of sections at the beginning of chapter 3 is amended to read as follows: "220. Coordination and promotion of other programs affecting veterans and their dependents.". MEDICAL AND REHABIUTATIVE DEVICES

38 USC 617.

SEC. 107. Section 617 is amended— (1) by inserting "(a)" before "The Administrator"; and (2) by adding at the end the following new subsection: "(b) The Administrator may furnish devices for assisting in overcoming the handicap of deafness (including telecaptioning television decoders) to any veteran who is profoundly deaf and is entitled to compensation on account of hearing impsdrment.". AUTHORITY TO ADJUST RATES OF PAY FOR CERTAIN PSYCHOLOGISTS

97 Stat. 1000. 38 USC 4104.

SEC. 108. Section 4104 is amended— (1) by inserting "(other than those described in paragraph (3))" after "psychologists" in paragraph (2); and (2) by striking out "Certified" in paragraph (3) and inserting in lieu thereof "Clinical or counseling psychologists who hold

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98 STAT. 2691

diplomas as diplomates in psychology from an accrediting authority approved by the Administrator, certified". WAIVER OF MANDATORY REDUCTIONS IN MILITARY RETIRED PAY FOR CERTAIN PHYSICIANS

SEC. 109. Section 4107 is amended by adding at the end the following new subsection: "(i) The Administrator may authorize an exception to the restrictions in subsections (a), (b), and (c) of section 5532 of title 5 if necessary to meet special or emergency employment needs which result from a severe shortage of well-qualified candidates in physician positions which otherwise cannot be readily met.".

38 USC 4107.

POST-TRAUMATIC-STRESS DISORDER

SEC. n o. (a)(1) The Chief Medical Director of the Veterans' Administration may designate special programs within the Department of Medicine and Surgery for the diagnosis and treatment of post-traumatic-stress disorder (hereinafter in this section referred to as "PTSD"). (2) The Chief Medical Director shall direct (A) that (in addition to providing diagnostic and treatment services for PTSD) Veterans' Administration programs designated under paragraph (1) (hereinafter in this section referred to as "designated PTSD programs") carry out activities to promote the education and training of healthcare personnel (including health-care personnel not working for the Veterans' Administration or the Federal Government) in the causes, diagnosis, and treatment of PTSD, and (B) that (when appropriate) the provision of treatment services under such program be coordinated with the provision of readjustment counseling services under section 612A of title 38, United States Code. (b)(1) The Chief Medical Director shall establish in the Department of Medicine and Surgery a Special Committee on Post-Traumatic-Stress Disorder (hereinafter in this section referred to as the "Special Committee"). The Chief Medical Director shall appoint qualified employees of the Department to serve on the Special Committee. (2) The Special Committee shall assess, and carry out a continuing assessment of, the capacity of the Veterans' Administration to provide diagnostic and treatment services for PTSD to veterans eligible for health care furnished by the Veterans' Administration. (3) The Special Committee shall also advise the Chief Medical Director regarding the development of policies, the provision of guidance, and the coordination of services for the diagnosis and treatment of PTSD (A) in designated PTSD programs, (B) in inpatient psychiatric programs and outpatient mental health programs other than designated PTSD programs, and (C) in readjustment counseling programs of the Veterans' Administration. (4) The Special Committee shall also make recommendations to the Chief Medical Director for guidance with respect to PTSD regarding— (A) appropriate diagnostic and treatment methods; (B) referral for and coordination of followup care; (C) the evaluation of PTSD treatment programs; (D) the conduct of research concerning such diagnosis and treatment (taking into account the provisions of subsection (c));

38 USC 612A note.

Special Committee on Post-TraumaticStress Disorder, establishment.

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 98 STAT. 2692

National Center on PostTraumaticStress Disorder, establishment.

Report.

PUBLIC LAW 98-528—OCT. 19, 1984

(E) special programs of education and training for employees of the Department of Medicine and Surgery and the Department of Veterans' Benefits (also taking into account such provisions); (F) the appropriate allocation of resources for all such activities; and (G) any specific steps that should be taken to improve such diagnosis and treatment and to correct any deficiencies in the operations of designated PTSD programs. (c) The Chief Medical Director shall establish and operate in the Department of Medicine and Surgery a National Center on PostTraumatic-Stress Disorder. The National Center (1) shall carry out and promote the training of health care and related personnel in, and research into, the causes and diagnosis of PTSD and the treatment of veterans for PTSD, and (2) shall serve as a resource center for, and promote and seek to coordinate the exchange of information regarding, all research and training activities carried out by the Veterans' Administration, and by other Federal and non-Federal entities, with respect to PTSD. (d) The Chief Medical Director shall regularly compile and publish the results of research that has been conducted relating to PTSD. (e)(1) Not later than March 1, 1985, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. The report shall include the following: (A) A list of the members of the Special Committee. (B) A list of all designated PTSD programs and other programs providing treatment for PTSD, together with a description of the resources that have been allocated for the development and operation of each such program, a description of the education and training that has been provided for Veterans' Administration health-care personnel in such programs and elsewhere within the Veterans' Administration in the diagnosis and treatment of PTSD, and specification of the funding that has been allocated to each such program and elsewhere within the Veterans' Administration to support research relating to PTSD. (C) The assessment of the Chief Medical Director of the Veterans' Administration, after consultation with the Special Committee, regarding the capability of the Veterans' Administration to meet the needs for inpatient and outpatient PTSD diagnosis and treatment (both through designated PTSD programs and otherwise) of veterans who served in the Republic of Vietnam during the Vietnam era, former prisoners of war, and other veterans eligible for health care from the Veterans' Administration and the efficacy of the treatment so provided, as well as a description of the results of any evaluations that have been made of PTSD treatment programs. (D) The plans of the Special Committee for further assessments of the capability of the Veterans' Administration to diagnose and treat veterans with PTSD. (E) The recommendations made by the Special Committee to the Chief Medical Director and the views of the Chief Medical Director on such recommendations. (F) A summary of the results of research conducted by the Veterans' Administration relating to PTSD.

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(G) A description of the steps taken, plans made (and a timetable for their execution), and resources to be applied to implement subsections (b) and (c). (H) The assessment of the Administrator of the capacity of the Veterans' Administration to meet in all geographic areas of the United States the needs described in subparagraph (C) and any plans and timetable for increasing that capacity (including the costs of such action). (2) Not later than February 1, 1986, and February 1 of each of the three following years, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing information updating the reports submitted under this subsection before the submission of such report.

Report.

ALCOHOL AND DRUG TREATMENT AND REHABILITATION GUIDELINES

SEC. 111. Not later than six months after the date of the enactment of this Act, the Administrator of Veterans' Affairs (1) shall issue guidelines for the treatment and rehabilitation of veterans for alcohol or drug dependence or abuse disabilities under chapter 17 of title 38, United States Code, in facilities over which the Administrator has direct jurisdiction, and (2) shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report (including a copy of such guidelines) on the implementation of this section. TITLE II—REPORTS REPORT ON VETERANS ADMINISTRATION PROGRAMS FOR TERMINALLY ILL VETERANS

SEC. 201. (a) Not later than September 30, 1985, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on programs of the Veterans' Administration to furnish palliative care, supportive counseling, and other medical services to terminally ill veterans and, pursuant to section 601(6)(B) of title 38, United States Code, supportive counseling to members of such veterans' families. (b) The report required by subsection (a) shall include the following: (1) A review of Veterans' Administration policies and guidelines on the provision of care, counseling, and services described in subsection (a). (2) A review of the care, counseling, and services furnished, including the treatment modalities used and services furnished by the Veterans' Administration. (3) An analysis and a comparison of the care, counseling, and services furnished with respect to terminally ill veterans in hospice and other Veterans' Administration programs, including a comparison of the routine and ancillary services, of the duration of inpatient and outpatient treatment and hospitalbased home care, and of the cost of care furnished in such programs. (4) An explanation of how the care, counseling, and services described in subsection (a) are or will be included in the overall plans of the Veterans' Administration for providing health care to older veterans in the future and the extent to which plans to furnish hospice care are included in such plans.

31-194

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Part3

Report.

38 USC 601 et seq.

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 98 STAT. 2694

PUBLIC LAW 98-528—OCT. 19, 1984 (5) A review of any steps taken to arrange for the exchange of information between Veterans' Administration facilities providing the care, counseling, and services described in subsection (a) and non-Veterans' Administration facilities providing similar care, counseling, and services. VETERANS RESIDING IN REMOTE GEOGRAPHIC AREAS

Study.

SEC. 202. (a) The Congress makes the following findings: (1) Many veterans with service-connected disabilities and other veterans eligible for certain health-care services from the Veterans' Administration, within the limits of Veterans' Administration facilities, reside in areas of the United States that are geographically remote from health-care facilities over which the Administrator of Veterans' Affairs has direct jurisdiction. (2) For many such veterans such health-care facilities are geographically inaccessible and for many other such veterans the inconvenience of travel to such facilities discourages them from seeking health-care services from the Veterans' Administration. (3) A study conducted by the Administrator of eligible veterans residing in remote areas and the use by those veterans of Veterans' Administration health-care services would provide useful information on the feasibility and appropriateness of alternative approaches to furnishing health-care services to such veterans. (b)(1) The Administrator shall carry out a study to develop information about veterans who reside in remote areas and are eligible for health-care services from the Veterans' Administration and to develop alternative approaches that could be adopted to furnish such veterans with such services. In carrying out the study, the Administrator shall develop the following information: (A) To the maximum extent feasible, statistics on the number of eligible veterans who, during fiscal year 1985— (i) reside less than fifty miles from the nearest Veterans' Administration medical facility, (ii) reside between fifty miles and one hundred miles from the nearest Veterans' Administration medical facility, (iii) reside between one hundred miles and two hundred miles from the nearest Veterans' Administration medical facility, and (iv) reside more than two hundred miles from the nearest Veterans' Administration medical facility. (B) Statistics, shown by each group of veterans described in clause (A), on the numbers of eligible veterans who, during fiscal year 1985— (i) use Veterans' Administration medical facilities, (ii) receive inpatient care in such facilities (including the typical lengths of stay of such veterans in such facilities), (iii) receive outpatient care from such facilities, and (iv) receive followup health-care services from such facilities. (C) Such additional statistics and such additional information as the Administrator considers appropriate. (D) Breakdowns of the statistics described in clauses (A) and (B) with respect to age, service connection, and financial need regarding the applicable veteran populations.

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98 STAT. 2695

(2) Not later than January 1, 1986, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a full report on the study under paragraph (1). The report shall include— (A) the statistics and breakdown developed and information gathered under that paragraph; (B) the Administrator's findings on the extent of the need for the Veterans' Administration to increase health-care services in remote areas; and (C) the Administrator's findings and recommendations regarding the advantages and disadvantages of the Veterans' Administration contracting for and making other arrangements for the furnishing of health-care services to eligible veterans in remote areas. (3) Not later than July 1, 1986, the Administrator shall submit to such committees a report describing an experimental program that could feasibly be carried out through projects in five remote areas, selected on the basis of the information and findings included in the report under paragraph (2), to demonstrate alternative approaches for the Veterans' Administration to furnish health-care services to eligible veterans in remote areas. The report shall include a description of the health-care services, and a detailed breakdown of the costs for them, that could be furnished under such an experimental program to such veterans in each such area, along with the recommendations (and the reasons therefor) of the Administrator regarding whether any such project should be carried out and such recommendations for legislative or administrative action as the Administrator considers appropriate in light of the information contained in the report. TITLE III—MISCELLANEOUS

Reports.

MODIFICATION OF REVERSIONARY INTEREST IN CERTAIN LAND, LOS ANGELES, CALIFORNIA

SEC. 301. (a) The Administrator of Veterans' Affairs shall execute such legal documents as are necessary to permit the use of the real property described in subsection (b) (or any portion of such property) for educational or cultural purposes in addition to the use of such property as a research and medical center and for allied purposes. The Administrator may carry out the preceding sentence subject to such terms and conditions as the Administrator requires in order to protect the interests of the United States. (b) The real property referred to in subsection (a) is the property transferred to the State of California for the use of the tJniversity of California by a quitclaim deed dated December 10, 1948, executed by the Administrator of Veterans' Affairs under the Act entitled "An Act to authorize the Administrator of Veterans' Affairs to transfer a portion of the Veterans' Administration center at Los Angeles, California, to the State of California for the use of the University of California", approved June 19, 1948 (62 Stat. 559), and recorded in the land records of the County of Los Angeles, California, at page 307 of book 29032. (c) Any document executed to carry out subsection (a) of this section shall provide that the property involved shall revert to the United States if it ceases to be used as a research and medical center or for educational or cultural purposes.

Real property.

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 98 STAT. 2696

PUBLIC LAW 98-528—OCT. 19, 1984 NAMING OF V E T E R A N S ' ADMINISTRATION MEDICAL CENTERS

SEC. 302. (a) The Veterans' Administration Medical Center in Murfreesboro, Tennessee, shall after the date of the enactment of this Act be known and designated as the "Alvin C. York Veterans' Administration Medical Center". Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed to be a reference to the Alvin C. York Veterans' Administration Medical Center. (b) The Veterans' Administration Medical Center in Milwaukee, Wisconsin, shall after the date of the enactment of this Act be known and designated as the "Clement J. Zablocki Veterans' Administration Medical Center". Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed to be a reference to the Clement J. Zablocki Veterans' Administration Medical Center. Approved October 19, 1984,

LEGISLATIVE HISTORY—H.R. 5618 (S. 2514): HOUSE REPORT No. 98-779 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): May 21, considered and passed House. Aug. 9, considered and passed Senate, amended, in lieu of S. 2514. Oct. 2, House concurred in Senate amendments with amendments. Oct. 3, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

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98 STAT. 2697

Public Law 98-529 98th Congress An Act To remove an impediment to oil and gas leasing of certain Federal lands in Corpus Christi, Texas, and Port Hueneme, California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), the fact that acquired lands are incorporated into and a part of the city of Corpus Christi, Texas, or the city of Port Hueneme, California, shall not prevent the leasing of such lands: Provided, That prior to any such leasing the Department of the Interior must do a detailed reevaluation to determine if the lands are within a known geologic structure, by the Secretary of the Interior for oil or gas exploration and extraction, and such lands shall be available for such leasing as if they were not in an incorporated city, except that no such leasing activity shall proceed without the permission of the appropriate city. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 5787: HOUSE REPORT No. 98-1047, Pt. 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 5, considered and passed Senate.

Oct. 19, 1984 [H.R. 5787]

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 98 STAT. 2698

PUBLIC LAW 98-530—OCT. 19, 1984

Public Law 98-530 98th Congress An Act Oct. 19 1984 [H.R. 6206]

92 Stat. 411.

92 Stat. 409.

Central Arizona Project.

Relating to the water rights of the Ak-Chin Indian Community.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. The Congress hereby finds and declares that— (1) the Department of the Interior and the Ak-Chin Indian Community executed on September 23, 1983, an agreement entitled "Agreement in Principle for Revised Ak-Chin Water Settlement", wherein the parties agreed to revisions of the Act of July 28, 1978 (Public Law 95-328; 92 Stat. 409); (2) the main purpose of the Agreement in Principle is to accomplish a prompt and economical fulfillment of the intent of that Act; (3) section 3 of that Act requires that the Secretary of the Interior (hereinafter referred to as the "Secretary") as soon as possible but not later than twenty-five years after the date of the enactment of that Act, deliver to the Ak-Chin Indian Reservation a permanent supply of water to fulfill the Ak-Chin Indian Community's entitlement to eighty-five thousand acrefeet of water; (4) section 2 of that Act requires that the Secretary deliver an interim supply of water until the permanent supply is acquired and delivered to the Reservation; (5) the Secretary proposed to the Community, subject to the approval of Congress, to deliver the permanent supply not later than January 1, 1988, except that the Community, as a consideration, agree to certain modifications in the quantities of water to be delivered as the permanent supply and to release him from his obligation to deliver an interim supply; (6) in order to establish January 1, 1988, as the date certain for the delivery of a permanent supply, the Community agreed to— (A) the reduced deliveries of the permanent supply under certain conditions; (B) the Secretary's proposals regarding the interim supply; and (C) certain other proposals of the Secretary; and executed the Agreement in Principle; and (7) the provisions contained in this Act conform to the purposes of that Agreement and the consideration embodied in it. SEC. 2. (a) As soon as possible but not later than January 1, 1988, the Secretary shall deliver annually a permanent water supply from the main project works of the Central Arizona Project to the southeast corner of the Ak-Chin Indian Reservation of not less than seventy-five thousand acre-feet of surface water suitable for agricultural use except as otherwise provided under subsections (b) and (c). (b) In any year in which sufficient surface water is available, the Secretary shall deliver such additional quantity of water as is

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 PUBLIC LAW 98-530—OCT. 19, 1984

98 STAT. 2699

requested by the Community not to exceed ten thousand acre-feet. The Secretary shall be required to carry out the obligation referred to in this subsection only if he determines that there is sufficient capacity available in the main project works of the Central Arizona Project to deliver such additional quantity. (c) In time of shortage, if the aggregate supply of water referred to in subsection (f) is not sufficient to deliver seventy-five thousand acre-feet, the Secretary may deliver a lesser quantity but in no event less than seventy-two thousand acre-feet. For the purposes of this Act, the term "time of shortage" means a calendar year for which the Secretary determines that a shortage exists pursuant to section 301(b) of the Colorado River Basin Project Act of September 30, 1968 (Public Law 90-537), such that there is not sufficient Central 43 USC 1501. Arizona Project water in that year to supply up to a limit of three hundred nine thousand eight hundred and twenty-eight acre-feet of water for Indian uses, and up to a limit of five hundred ten thousand acre-feet of water for non-Indian municipal and industrial uses. (d) The Secretary shall be deemed to have satisfied his obligation to deliver water under this section only if such water is delivered at flow rates which meet the seasonal requirements for agricultural use on the Reservation. Such rates shall not exceed three hundred cubic feet per second. (e) To meet the obligations of the Secretary to deliver water under this Act, the Secretary shall design, construct, operate, maintain, and replace, at no cost to the Community, such facilities, including any aqueduct and appurtenant pumping facilities, powerplants and electric power transmission facilities, which may be necessary. (f) The water supply referred to in subsections (a) and (c) shall consist of the aggregate of the following— (1) First, a permanent supply of no more or less than fifty thousand acre-feet of surface water per annum to be diverted from the Colorado River of the three hundred thousand acrefeet of water heretofore authorized by the Act of July 30, 1947 (61 Stat. 628), for beneficial consumptive use on lands of the Yuma Mesa Division of the Gila Project. Water referred to in this paragraph and in subsection (g)(1) shall have equal priority. Furthermore, these provisions shall not affect the relative priorities among themselves of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project as fully set out in section 3010)) of Public Law 90-537. 43 USC 1501. (2) Such Central Arizona Project water allocated to the Community and referred to in the "Notice of Final Water Allocations to Indians and non-Indian Water Users and Related Decisions" (48 Fed. Reg. 12446, March 24, 1983) as is necessary to fulfill the Secretary's water delivery obligations. Delivery of such Central Arizona Project water shall be as provided in the December 11, 1980, Central Arizona Project water delivery contract between the United States and the Ak-Chin Indian Community, except as otherwise provided by this Act and any contract executed pursuant to this Act. Notwithstanding any other provision of this Act, nothing in paragraph (1) of this subsection shall enlarge or diminish the authority of the Secretary under existing law. Nothing in section 4 or any other provision of this Act shall reduce the Secretary's obligation to deliver to the Ak-Chin Reservation a permanent supply of fifty

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 98 STAT. 2700

Gila Project.

PUBLIC LAW 98-530—OCT. 19, 1984

thousand acre-feet of surface water per annum as well as the water referred to in paragraph (2) of this subsection. (g)(1) The limitation in the first section of the Act of July 30, 1947 (61 Stat. 628) on the annual beneficial consumptive use in the Yuma Mesa Division of the Gila Project of no more than three hundred thousand acre-feet of Colorado River water shall be deemed to be a limitation of no more than two hundred and fifty thousand acre-feet, effective as provided in section 4 of this Act. (2) Such two hundred and fifty thousand acre-feet of water shall not be used to irrigate more than thirty-seven thousand one hundred and eighty-seven acres of land in the Yuma Mesa Division, specifically: six thousand five hundred and eighty-seven acres in the North Gila Valley Irrigation District; ten thousand six hundred acres in the Yuma Irrigation District; and twenty thousand acres in the Yuma Mesa Irrigation and Drainage District. Additional land in the Yuma Mesa Irrigation and Drainage District may be irrigated if there is a corresponding reduction in the irrigated acreage in the other districts so that at no time are more than thirty-seven thousand one hundred and eighty-seven acres being irrigated in the Yuma Mesa Division. (3) Pursuant to appropriations, the Secretary shall pay— (A) $5,400,00(5 to the Yuma Mesa Irrigation and Drainage District for the purpose of replacement, rehabilitation, and repair of the water delivery system within the Yuma Mesa Irrigation and Drainage District, including water pumping TOi-»i 1 i ^ i o c *

Contracts with U.S.

Qnil

(B) $2,000,000 to the Yuma Mesa Irrigation and Drainage District, $1,000,000 to the Yuma Irrigation District, and $1,000,000 to the North Gila Valley Irrigation District, for the purpose of on-farm and district water conservation and drainage measures. Such funds shall not be used as non-Federal contributions in connection with any other Federal programs requiring cost-sharing. None of the payments to be made by the Secretary to said districts under this subsection shall be treated as supplemental or additional benefits or reimbursable to the United States. (4) The Secretary is authorized and directed to amend the repayment contracts, as amended, between the United States and said districts to conform to the provisions of this Act and to provide that all remaining repayment obligations owing to the United States on the date of the enactment of this Act are discharged. The Secretary is authorized at the request of the districts or any one of them to issue a certificate acknowledging that the lands in the requesting district are free of the ownership and full cost pricing provisions of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of Yuma County, Arizona. Amendments to the districts' contracts relating to items other than those covered by this Act shall not be made without the consent of the irrigation districts. (5) The Secretary shall be required to carry out his obligations in paragraphs (3) and (4) only if the Yuma Mesa Irrigation and Drainage District, the North Gila Valley Irrigation District, and the Yuma Irrigation District execute amendatory contracts necessary to carry out the provisions of this subsection, including specifically a waiver and release of any and all claims to the annual beneficial consumptive use of Colorado River water in excess of two hundred

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98 STAT. 2701

fifty thousand acre-feet as provided in paragraph (1) of this subsection. (h)(1) If the facilities required to deliver water to the Ak-Chin Reservation as provided in this section are not completed by January 1, 1988, the Secretary shall pay damages measured by the replacement cost of water not delivered in that calendar year up to a limit of thirty-five thousand acre-feet. In addition and to mitigate the effects occasioned by the failure to deliver said water, the Secretary shall pay all operation, maintenance and replacement costs of on-reservation wells to produce up to forty thousand acrefeet of water in that year for use by the Community. (2) Commencing January 1, 1989, the Secretary shall pay damages measured by the replacement cost of water not delivered under subsection (a) or (c) as appropriate, up to a limit of seventy-five thousand or seventy-two thousand acre-feet of water, irrespective of whether the facilities to deliver water to the Ak-Chin Reservation have been completed. (i) In any year in which the Ak-Chin Indian Community requests additional water under subsection (b) and such water and associated canal capacity are available, if the Secretary fails to deliver that quantity of additional water, in addition to any damages which he is required to pay under subsection (h), he shall pay damages in an amount measured by the agricultural water service operation, maintenance, and replacement costs for the Central Arizona Project in effect during that year, plus 20 per centum, of such additional quantity of water as is not delivered. (j) The Ak-Chin Indian Community shall have the right to devote the permanent water supply provided for by this Act to any use, including but not limited to agricultural, municipal, industrial, commercial, mining or recreational use. (k) The water referred to in subsection (f)(1) shall be for the exclusive use and benefit of the Ak-Chin Indian Community, except that whenever the aggregate water supply referred to in subsection (f) exceeds the quantity necessary to meet the obligations of the Secretary under this Act, the Secretary shall allocate on an interim basis to the Central Arizona Project any of the water referred to in subsection (f) which is not required for delivery to the Ak-Chin Indian Reservation under this Act. SEC. 3. (a) The obligation of the Secretary to acquire and deliver to the Community an interim water supply from 1984 through 1987 under section 2 of the Act of July 28, 1978 (Public Law 95-328) shall be deemed to be fully discharged once— (1) within sixty days of enactment of appropriations, the Secretary pays to the Community $1,400,000 in a lump sum grant for economic development in fiscal year 1986; (2) the Secretary of the Treasury, within thirty days after the date of enactment of this Act, has paid to the Community $15,000,000 for general community purposes as provided in Public Law 98-396; (3) within sixty days after the date of enactment of this Act the Secretary has provided to the Community grants for economic development purposes of $2,000,000 from funds provided in Public Law 98-396 for the permanent water supply; and (4) the Secretary has amended those repayment contracts between the United States and the Community to provide that all repayment obligations owing to the United States are discharged.

92 Stat. 409.

Ante, p. 1369.

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 98 STAT. 2702

92 Stat. 411.

Management plan.

Appropriation authorization.

Severability.

PUBLIC LAW 98-530—OCT. 19, 1984

The Secretary is hereby authorized and directed to take such actions needed to amend the contracts referred to in paragraph (4). (b) To carry out the purposes of this section the Ak-Chin Indian Community shall have the complete discretion to use and expend the funds referred to in this section. SEC. 4. The provisions of sections 2 (fKD and (g) of this Act shall not take effect until— (1) the amendatory contracts authorized by section 2(g) of this Act have been duly ratified and approved by each of the districts and executed by the United States; and (2) the funds authorized to be paid to the districts by section 2(g)(3) of this Act have been appropriated and transferred to the districts. SEC. 5. (a) The obligations of the Secretary under section 3 of the Act of July 28, 1978 (92 Stat. 409; Public Law 95-328), shall terminate upon the enactment of this Act. If the Secretary fails to acquire the water supply referred to in section 2(f)(1) of this Act by January 1, 1988, the Secretary shall be obligated— (1) to deliver annually to the southeast corner of the Ak-Chin Indian Reservation eighty-five thousand acre-feet of water suitable for irrigation beginning January 1, 1988; and (2) to provide as soon as possible, but not later than January 1, 2003, for the permanent delivery of such water. (b) Failure to deliver water as specified in this section shall render the United States liable for damages measured by the replacement cost of water not delivered. SEC. 6. The Secretary shall establish a water management plan for the Ak-Chin Indian Reservation which, except as is necessary to be consistent with the provisions of this Act, will have the same effect as any management plan developed under Arizona law. SEC. 7. (a) There is hereby authorized to be appropriated the sum of $1,000,000 for payment to the fund referred to in subsection (b). Subject to appropriations, the Secretary shall pay a sum of $1,000,000 to such fund. (b) No portion of the sum referred to in subsection (a) shall be psiid unless— (1) the Central Arizona Water Conservation District establishes a fund to be administered by the District for voluntary acquisition or conservation of water from sources within the State of Arizona for use in central Arizona in years when water supplies are reduced; and (2) the Central Arizona Water Conservation District has contributed the sum of not less than $1,000,000 to such fund: Provided, That if the contribution of not less than $1,000,000 by the District to such fund has not been fully paid as provided in this section within two years of the date of enactment of this Act, the authorization for appropriation and payment of the sum referred to in subsection (a) shall terminate. (c) If the provisions of this section are for any reason not implemented as herein provided, the other sections of this Act shall remain unaffected thereby. SEC. 8. Nothing in this Act shall be construed to enlarge or diminish the authority of the Secretary with regard to the Colorado River. SEC. 9. No authority under this Act to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. Any provi-

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 PUBLIC LAW 98-530—OCT. 19, 1984

98 STAT. 2703

sion of this Act which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1985. SEC. 10. (a) Section 311 of the Southern Arizona Water Rights Settlement Act of 1982 (96 Stat. 1283) is amended to read as follows: "SEC. 311. The provisions of section 2415 of title 28, United States Code, shall apply to any action relating to water rights of the Papago Indian Tribe or of any member of such Tribe which is brought— "(1) by the United States for, or on behalf of, such Tribe or member of such Tribe, or "(2) by such Tribe.". OJ) The amendment made by this section shall not apply with respect to any action filed prior to the date of enactment of this Act. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 6206: HOUSE REPORT No. 98-1026 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Sept. 25, considered and passed Senate, amended. Oct. 2, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct 19, Presidential statement.

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 98 STAT. 2704

PUBLIC LAW 98-531—OCT. 19, 1984

Public Law 98-531 98th Congress An Act O t 19 1984 ' [H.R. 6216]

"^^ amend the Bankruptcy Amendments and Federal Judgeship Act of 1984 to make technical corrections with respect to the retirement of certain bankruptcy judges, 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 Bankruptcy Amendments and Federal Judgeship Act of 1984 is amendedRepeal. (1) by Striking out section 552, and Ante, p. 392. (2) by redesignating section 553 as section 552. SEC. 2. (a) Subparagraphs (A) and (B) of section 8331(22) of title 5, United States Code, are amended to read as follows: "(A) who is serving as a United States bankruptcy judge on March 31, 1984; "(B) whose service as United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or". (b) Subsection (1) of section 8336 of title 5, United States Code, as so designated by section 1256(b)(1) of the Defense Department Authorization Act, 1984 (Public Law 98-94; 97 Stat. 701), is redesignated as subsection (m). (c) Section 8339(n) of title 5, United States Code, is amended by striking out "March 31, 1979, and before the date of the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984" and inserting in lieu thereof "as a referee in bankruptcy and". Effective dates. SEC. 3. (a) Except as provided in subsection (b), this Act and the 5 USC 8331 note, amendments made by this Act shall take effect on July 10, 1984. (b) The amendments made by section 2 shall take effect on March 31, 1984. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 6216: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 4, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

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 PUBLIC LAW 98-532—OCT. 19, 1984

98 STAT. 2705

Public Law 98-532 98th Congress An Act To prevent disruption of the structure and functioning of the Government by ratifying all reorganization plans as a matter of law.

Oct. 19, 1984 [H.R. 6225]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Government SECTION 1. The Congress hereby ratifies and affirms as law each 1^^^^^^°^ ^^'^ reorganization plan that has, prior to the date of enactment of this c^gn^goe note Act, been implemented pursuant to the provisions of chapter 9 of title 5, United States Code, or any predecessor Federal reorganiza- 5 USC 901 et seq. tion statute. SEC. 2. Any actions taken prior to the date of enactment of this 5 USC 906 note. Act pursuant to a reorganization plan that is ratified and affirmed by section 1 shall be considered to have been taken pursuant to a reorganization expressly approved by Act of Congress. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 6225: HOUSE REPORT No. 98-1104 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 4, considered and passed Senate.

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 98 STAT. 2706

PUBLIC LAW 98-533—OCT. 19, 1984

Public Law 98-533 98th Congress An Act Oct. 19, 1984 [H.R. 6311]

1984 Act to Combat International terrorism.

18 USC 3071 ^°^-

To combat international terrorism.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. ^^^^^

^j^LE

SECTION 1. This Act may be cited as the "1984 Act to Combat International Terrorism".

TITLE I—REWARDS FOR INFORMATION ON INTERNATIONAL TERRORISM AUTHORITY OF THE ATTORNEY GENERAL

SEC. 101. (a) Title 18 of the United States Code is amended by adding the following new chapter after chapter 203:

"CHAPTER 204—REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS "Sec. "3071. Information for which rewards authorized. "3072. Determination of entitlement; maximum amount; Presidential approval; conclusiveness. "3073. Protection of identity. "3074. Exception of governmental officials. "3075. Authorization for appropriations. "3076. Eligibility for witness security program. "3077. Definitions.

18 USC 3071.

"§ 3071. Information for which rewards authorized "With respect to acts of terrorism primarily within the territorial jurisdiction of the United States, the Attorney General may reward any individual who furnishes information— "(1) leading to the arrest or conviction, in any country, of any individual or individuals for the commission of an act of terrorism against a United States person or United States property; or "(2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of terrorism against a United States person or property; or "(3) leading to the prevention, frustration, or favorable resolution of an act of terrorism against a United States person or property.

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 PUBLIC LAW 98-533—OCT. 19, 1984

98 STAT. 2707

"§ 3072. Determination of entitlement; maximum amount; Presidential approval; conclusiveness "The Attorney General shall determine whether an individual furnishing information described in section 3071 is entitled to a rev^^ard and the amount to be paid. A reward under this section may be in an amount not to exceed $500,000. A reward of $100,000 or more may not be made without the approval of the President or the Attorney General personally. A determination made by the Attorney General or the President under this chapter shall be final and conclusive, and no court shall have power or jurisdiction to review it.

18 USC 3072.

"§ 3073. Protection of identity "Any reward granted under this chapter shall be certified for payment by the Attorney General. If it is determined that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as deemed necessary to effect such protection.

18 USC 3073.

"§ 3074. Exception of governmental officials "No officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes the information described in section 3071 shall be eligible for any monetary reward under this chapter.

is use 3074.

"§ 3075. Authorization for appropriations "There are authorized to be appropriated, without fiscal year limitation, $5,000,000 for the purpose of this chapter.

18 USC 3075.

"§ 3076. Eligibility for witness security program "Any individual (and the immediate family of such individual) who furnishes information which would justify a reward by the Attorney General under this chapter or by the Secretary of State under section 36 of the State Department Basic Authorities Act of 1956 may, in the discretion of the Attorney General, participate in the Attorney General's witness security program authorized under title V of the Organized Crime Control Act of 1970.

18 USC 3076.

Post, p. 2708. 18 USC note prec. 3481.

"§ 3077. Definitions "As used in this chapter, the term— "(1) 'act of terrorism' means an activity that— "(A) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and "(B) appears to be intended— "(i) to intimidate or coerce a civilian population; "(ii) to influence the policy of a government by intimidation or coercion; or "(iii) to affect the conduct of a government by assassination or kidnaping. "(2) 'United States person' means—

18 USC 3077.

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 98 STAT. 2708

PUBLIC LAW 98-533—OCT. 19, 1984

"(A) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); "(B) an alien lawfully admitted for permanent residence in the United States as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); "(C) any person within the United States; "(D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment; "(E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and "(F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation. "(3) 'United States property* means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which rests in a United States person or any Federal or State governmental entity of the United States. "(4) 'United States'— "(A) when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States; and "(B) when used in the context of section 3073 shall have the meaning given to it in the Immigration and Nationality Act (8 U.S.C. 1101 etseq.). "(5) 'State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States. "(6) 'government entity' includes the Government of the United States, any State or political subdivision thereof, any foreign country, and any state, provincial, municipal, or other political subdivision of a foreign country. "(7) 'Attorney General' means the Attorney General of the United States or that official designated by the Attorney General to perform the Attorney General's responsibilities under this chapter.", (b) The chapter analysis of part II of title 18, United States C!ode, is amended by adding after the item relating to chapter 203 the following new item: "204. Rewards for information concerning: terrorists acts

3071".

AUTHORITY OF THE SECRETARY OF STATE

22 USC 2651 note. 22 USC 2708.

SEC. 102. The State Department Basic Authorities Act of 1956 is amended by redesignating existing section 36 as section 37 and by inserting the following new section 36 after section 35: "SEC. 36. (a) The Secretary of State may pay a reward to any individual who furnishes information— "(1) leading to the arrest or conviction, in any country, of any individual for the commission of an act of international terrorism, or

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 PUBLIC LAW 98-533—OCT. 19, 1984

98 STAT. 2709

"(2) leading to the arrest or conviction, in any country, of any individual for conspiring or attempting to commit an act of international terrorism, or "(3) leading to the prevention, frustration, or favorable resolution of an act of international terrorism, if the act of international terrorism is against a United States person or United States property and is primarily outside the territorial jurisdiction of the United States. "(b) A reward under this section may not exceed $500,000. A reward of $100,000 or more may not be made without the approval of the President or the Secretary of State personally. "(c) Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall advise and consult with the Attorney General. "(d) Any reward granted under this section shall be certified for payment by the Secretary of State. If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he deems necessary to effect such protection. "(e) An officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes information described in subsection (a) shall not be eligible for a reward under this section. "(f) There are authorized to be appropriated, without fiscal year limitation, $5,000,000 for use in paying rewards under this section, Additional funds to pay rewards under this section shall be authorized to be appropriated in the annual authorizing legislation for the Department of State.". TITLE II—INTERNATIONAL COOPERATION INCREASING INTERNATIONAL COOPERATION TO COMBAT TERRORISM

SEC. 201. (a) The President is urged to seek more effective international cooperation in combatting international terrorism, including— (1) severe punishment for acts of terrorism which endanger the lives of diplomatic staff, military personnel, other government personnel, or private citizens; and (2) extradition of all terrorists and their accomplices to the country where the terrorist incident occurred or whose citizens were victims of the incident. (b) High priority should also be given to negotiations leading to the establishment of a permanent international working group which would combat international terrorism by— (1) promoting international cooperation among countries; (2) developing new methods, procedures, and standards to combat international terrorism; (3) negotiating agreements for exchanges of information and intelligence and for technical assistance; and (4) examining the use of diplomatic immunity and diplomatic facilities to further international terrorism. This working group should have subgroups on appropriate matters, including law enforcement and crisis management.

Appropriation authorization.

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 98 STAT. 2710

PUBLIC LAW 98-533—OCT. 19, 1984 TITLE III—SECURITY OF UNITED STATES MISSIONS ABROAD ADVISORY PANEL ON SECURITY OF UNITED STATES MISSIONS ABROAD

Report.

SEC. 301. In light of continued terrorist incidents and given the ever increasing threat of international terrorism directed at United States missions and diplomatic personnel abroad, the Congress believes that it is imperative that the Department of State review its approach to providing security against international terrorism. Not later than February 1, 1985, the Secretary of State shall report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the findings and recommendations of the Advisory Panel on Security of United States Missions Abroad. SECURITY ENHANCEMENT AT UNITED STATES MISSIONS ABROAD

Appropriation authorization.

Reports.

SEC. 302. (a) In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated, without fiscal year limitation— (1) $350,963,000 for the Department of State for "Administration of Foreign Affairs", and (2) $5,315,000 for the United States Information Agency, which amounts shall be for security enhancement at United States missions abroad. (h) Not later than February 1, 1985, the Secretary of State and the Director of the United States Information Agency shall each report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on how their respective agencies have allocated the funds authorized to be appropriated by this section. STATE DEPARTMENT BASIC AUTHORITIES

22 USC 2669.

Procurement.

SEC. 303. (a) Section 2 of the State Department Basic Authorities Act of 1956 is amended— (1) in paragraph (c)— (A) by striking out "aliens" and inserting in lieu thereof "individuals or organizations", and (B) by inserting immediately before the semicolon at the end of the paragraph ", and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government"; and (2) by striking out "and" at the end of paragraph (e), by striking out the period at the end of paragraph (f) and inserting in lieu thereof a semicolon, and by adding at the end of the section the following new paragraphs: "(g) obtain services as authorized by section 3109 of title 5, United States Code, at a rate not to exceed the maximum rate pavable for GS-18 under section 5332 of such title 5; and (h) directly procure goods and services in the United States or abroad, solely for use by United States Foreign Service posts abroad when the Secretary of State, in accordance with guidelines established in consultation with the Administrator of General Services, determines that use of the Federal Supply Service or otherwise applicable Federal goods and services ac-

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 PUBLIC LAW 98-533—OCT. 19, 1984

98 STAT. 2711

quisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by the Secretary of State for the purposes described in this paragraph shall be in accordance with section 303(c)(2) of the Federal Property and Administrative Services Act of 1949.". (b) Section 11 of such Act is amended to read as follows: "SEC. 11. Notwithstanding section 1344(a) of title 31, United States Code, the Deputy Secretary of State is authorized to use Government-owned vehicles for security purposes for travel between his or her residence and places where official functions are performed.". (c) Section 32 of such Act is amended by adding at the end thereof the following new sentence: "The authorities available to the Secretary of State under this section with respect to the Department of State shall be available to the Director of the United States Information Agency and the Director of the United States International Development Cooperation Agency with respect to their respective agencies, except that the authority of clause (2) shall be available with respect to those agencies only in the case of members of the Foreign Service and employees of the agency who are performing security-related functions abroad.".

Ante, p. 1175. 41 USC 253. 22 USC 2678.

22 USC 2704.

DANGER PAY

SEC. 304. In recognition of the current epidemic of worldwide terrorist activity and the courage and sacrifice of employees of United States agencies overseas, civilian as well as military, it is the sense of Congress that the provisions of section 5928 of title 5, United States Code, relating to the payment of danger pay allowance, should be more extensively utilized at United States missions abroad. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 6311 (S. 3037): CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 5, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

5 USC 5928 note.

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 98 STAT. 2712

PUBLIC LAW 98-534—OCT. 19, 1984

Public Law 98-534 98th Congress Joint Resolution Oct. 19, 1984 [H.J. Res. 482]

Expiration date.

Authorizing the Law Enforcement Officers Memorial Fund to establish a memorial in the District of Columbia or its environs.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Law Enforcement Officers Memorial Fund is authorized to establish the National Law Enforcement Heroes Memorial on Federal land in the District of Columbia or its environs to honor law enforcement officers who die in the line of duty. (b) In carrying out subsection (a), the Fund shall be responsible for preparation of the design and plans for the memorial, which shall be subject to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. SEC. 2. The Secretary of the Interior— (1) with the approval of the Commission of Fine Arts and the National Capital Planning Commission, shall select a site for the memorial; (2) shall not permit construction of the memorial to begin unless the Secretary determines that sufficient amounts are available for completion of the memorial in accordance with the approved design and plans; and (3) shall be responsible for maintenance of the memorial after completion of construction. SEC. 3. The United States shall not pay any expense of the establishment of the memorial. SEC. 4. The authority to establish the memorial under this resolution shall expire at the end of the five-year period beginning on the date of the enactment of this resolution, unless construction of the memorial begins during that period. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 482 (S.J. Res. 235): HOUSE REPORT No. 98-1084 (Comm. on House Administration). SENATE REPORT No. 98-528 accompanying S.J. Res. 235 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 5, considered and passed Senate.

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 PUBLIC LAW 98-535—OCT. 19, 1984

98 STAT. 2713

Public Law 98-585 98th Congress Joint Resolution Providing for reappointment of Anne Legendre Armstrong as a citizen regent of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress, occurring by reason of the expiration of the term of Anne Legendre Armstrong of Texas, is filled by reappointment of the incumbent for a term of six years, effective May 10, 1984. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 551: HOUSE REPORT No. 98-1014 (Comm. on House Administration). SENATE REPORT No. 98-644 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Oct. 4, considered and passed Senate.

Oct. 19, 1984 [H.J. Res. 551]

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 98 STAT. 2714

PUBLIC LAW 98-536—OCT. 19, 1984

Public Law 98-536 98th Congress Joint Resolution Oct. 19, 1984 [H.J. Res. 552]

Providing for reappointment of A. Leon Higginbotham, Junior, as a citizen regent of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress, occurring by reason of the expiration of the term of A. Leon Higginbotham, Junior, of Pennsylvania, is filled by reappointment of the incumbent for a term of six years, effective May 11, 1984. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 552: HOUSE REPORT No. 98-1013 (Comm. on House Administration). SENATE REPORT No. 98-645 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Oct. 4, considered and passed Senate.

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 PUBLIC LAW 98-537-OCT. 19, 1984

98 STAT. 2715

Public Law 98-537 98th Congress Joint Resolution Authorizing the Kahlil Gibran Centennial Foundation to establish a memorial in the District of Columbia or its environs.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the Kahlil Gibran Centennial Foundation is authorized to establish a memorial on Federal land in the District of Columbia or its environs to honor the Lebanese-American poet and artist, Kahlil Gibran. (b) In carrying out subsection (a), the Foundation shall be responsible for preparation of the design and plans for the memorial, which shall be subject to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. SEC. 2. The Secretary of the Interior— (1) with the approval of the Commission of Fine Arts and the National Capital Planning Commission, shall select a site for the memorial; (2) shall not permit construction of the memorial to begin unless the Secretary determines that sufficient amounts are available for completion of the memorial in accordance with the approved design and plans; and (3) shall be responsible for maintenance of the memorial after completion of construction. SEC. 3. The United States shall not pay any expense of the establishment of the memorial. SEC. 4. The authority to establish the memorial under this resolution shall expire at the end of the five-year period beginning on the date of the enactment of this resolution, unless construction of the memorial begins during that period. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 580: HOUSE REPORT No. 98-1051 (Comm. on House Administration). SENATE REPORT No. 98-640 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 4, considered and passed Senate.

Oct. 19, 1984 [H.J. Res. 580]

Expiration date.

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 98 STAT. 2716

PUBLIC LAW 98-538—OCT. 19, 1984

Public Law 98-538 98th Congress Joint Resolution Oct. 19, 1984 [H.J. Res. 638]

Designating October 1984 as "National Head Injury Awareness Month".

Whereas an estimated four hundred and fifty thousand to seven hundred thousand people require hospitalization each year for head injuries; Whereas an estimated one hundred thousand of these victims die as a result of head injuries; Whereas approximately fifty thousand head injury victims, more than two-thirds of whom are under the age of thirty, suffer permanent brain damage that prevents them from returning to schools, jobs, or normal lifestyles; Whereas the effects of head injuries are emotionally and financially devastating to families; Whereas there is a serious lack of facilities designed to care for the special needs of the head injured; and Whereas long-term medical research on brain injured patients is incomplete: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 1984 is designated "National Head Injury Awareness Month". The President is requested to issue a proclamation calling on the people of the United States to observe that month with appropriate programs and activities. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 638 (S.J. Res. 352): CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 5, considered and passed Senate.

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 PUBLIC LAW 98-539—OCT. 19, 1984

98 STAT. 2717

Public Law 98-539 98th Congress Joint Resolution Designating February 16, 1985, as "Lithuanian Independence Day".

Whereas February 16, 1985, marks the sixty-seventh anniversary of the restoration of independence to the more than 700 year old Lithuanian state; Whereas Lithuania was recognized as a free and independent nation by the entire free world; Whereas a free Lithuania existed until she was by force and fraud occupied and illegally annexed by the Soviet Union in 1940; Whereas the United States opposes tyranny and injustice in all forms and supports the cause of a free Lithuania; Whereas all Americans of Lithuanian descent protest the Soviet presence in the land of their ancestors; and Whereas the oppressed people currently living in Lithuania, who still aspire to exercise their right for self-government, should keep the flame of freedom forever burning in their hearts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President shall issue a proclamation designating February 16, 1985, as "Lithuanian Independence Day" and calling on the people of the United States to celebrate such day with appropriate ceremonies and activities. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.J. Res. 655: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 5, considered and passed House and Senate.

Oct. 19, 1984 „ ^ ' ^ '—rrir;— [H.J. Res. 655]

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 98 STAT. 2718

PUBLIC LAW 98-540—OCT. 24, 1984

Public Law 98-540 98th Congress An Act Oct 24 1984 '• '[S. 864]

16 USC I8g.

5 USC 8101.

43 USC 1457a note.

To amend the Volunteers in the Parks Act of 1969, 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) section 4 of the Volunteers in the Parks Act of 1969 (84 Stat. 472; 16 U.S.C. 18j) as amended is further amended by striking out "$250,000" and substituting "$1,000,000". The amendment made by this subsection shall apply with respect to fiscal years beginning after September 30, 1984. O> Section 1 of such Act is amended by adding the following at the t) end thereof: "In accepting such services of individuals or volunteers, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee: Provided, That the services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted. SEC. 2. Section 307 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2766; 43 U.S.C. 1737) is amended by adding at the end thereof the following new subsections: "(d) The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management. "(e) In accepting such services of individuals as volunteers, the Secretary— "(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and "(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision. "(f) Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28, United States Code, and subchapter 1 of chapter 81 of title 5, United States Code, relating to compensation for work injuries. "(g) Effective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year.". SEC. 3. (a) The Congress finds that— (1) the public lands administered by the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service contain valuable wildlife, scenery, natural and historic features, and other resources; (2) the Congress has specified the duties and responsibilities of the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to balance the

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 PUBLIC LAW 98-540—OCT. 24, 1984

98 STAT. 2719

conservation and protection of these public lands and resources with permitted uses in ways Congress has found to be appropriate for each of the various land areas; (3) the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service are currently under congressional mandates to maintain sufficient visitor and recreational services in our national parks, campgrounds, and wildlife refuges; (4) the Congress has authorized the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to contract for the provision of certain facilities, accommodations, and services by non-Federal entities, but with certain limitations that reflect the values and appropriate management policies of the various conservation areas, parks, wildlife refuges, and other public lands; (5) expansion of the contracting authority of the managers of these conservation areas, parks, wildlife refuges, and lands should be considered only after careful study of the existing management mandates and contracting authorities; and (6) management and regulation of natural resources on Federal lands are inherently Government functions and should be performed by Federal employees. (b)(1)(A) The provisions of Office of Management and Budget Circular A-76 and any similar provisions in any other order or directive shall not apply to activities conducted by the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management which involve ten full time equivalents (FTE) or less. (B) For fiscal years 1985 through and including 1988, no contracts, for activities conducted by the National Park Service, United States Fish and Wildlife Service, or the Bureau of Land Management which have been subject to the provisions of Office of Management and Budget Circular A-76 or any similar provision in any other order or directive, shall be entered into by the United States until funds have been specifically provided therefore by an Act of Congress. (2) Nothing in this section shall prevent the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management from entering into contracts for services and materials under provisions of law and rules, regulations, orders, and policies other than the circular referred to in paragraph (1) or any similar order or directive. SEC. 4. (a) Beginning in fiscal year 1985, the National Park Service shall implement a maintenance management system into the maintenance and operations programs of the National Park System. For purposes of this section the term "maintenance management system" means a system that contains but is not limited to the following elements: (1) a work load inventory of assets including detailed information that quantifies for all assets (including but not limited to buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed; (2) a set of maintenance tasks that describe the maintenance work in each unit of the National Park System; (3) a description of work standards including frequency of maintenance, measurable quality standard to which assets

16 USC la-8.

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 98 STAT. 2720

PUBLIC LAW 98-540—OCT. 24, 1984

should be maintained, methods for accomplishing work, required labor, equipment and material resources, and expected worker production for each maintenance task; (4) a work program and performance budget which develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task; (5) a work schedule which identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources; (6) work orders specifying job authorizations and a record of work accomplished which can be used to record actual labor and material costs; and (7) reports and special analyses which compare planned versus actual accomplishments and costs and can be used to evaluate maintenance operations. (b) The National Park Service shall transmit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, at the end of each fiscal year, a copy of a report summarizing the status of implementation of a maintenance management system until such a system has been implemented. The report shall incorporate the following information: (1) the number of units in the National Park System that have implemented a maintenance management system during the period; (2) contract costs versus management efficiencies achieved; (3) the total amount of dollars spent on contracts for services; and (4) estimation of the total value of benefits achieved through greater management efficiency. Approved October 24, 1984.

LEGISLATIVE HISTORY—S. 864: HOUSE REPORT No. 98-960 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-208 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 15, considered and passed Senate. Vol. 130 (1984): Aug. 6, considered and passed House, amended. Oct. 3, Senate concurred in House amendment with an amendment. Oct. 4, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 48 (1984): Oct. 24, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/349

 PUBLIC LAW 98-541—OCT. 24, 1984

98 STAT. 2721

Public Law 98-541 98th Congress An Act To provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, FINDINGS

1. The Congress finds that— (1) the construction of the Trinity River division of the Central Valley project in California, authorized by the Act of August 12, 1955 (69 Stat. 719), has substantially reduced the streamflow in the Trinity River Basin thereby contributing to damage to pools, spawning gravels, and rearing areas and to a drastic reduction in the anadromous fish populations and a decline in the scenic and recreational qualities of such river system; (2) the loss of land areas inundated by two reservoirs constructed in connection with such project has contributed to reductions in the populations of deer and other wildlife historically found in the Trinity River Basin; (3) the Act referred to in paragraph (1) of this section directed the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") to take appropriate actions to ensure the preservation and propagation of such fish and wildlife and additional authority was conferred on the Secretary under the Act approved September 4, 1980 (94 Stat. 1062), to take certain actions to mitigate the impact on fish and wildlife of the construction and operation of the Trinity River division; (4) activities other than those related to the project including, but not limited to, inadequate erosion control and fishery harvest management practices, have also had significant adverse effects on fish and wildlife populations in the Trinity River Basin and are of such a nature that the cause of any detrimental impact on such populations cannot be attributed solely to such activities or to the project; (5) a fish and wildlife management program has been developed by an existing interagency advisory group called the Trinity River Basin Fish and Wildlife Task Force; and (6) the Secretary requires additional authority to implement a basin-wide fish and wildlife management program in order to achieve the long-term goal of restoring fish and wildlife populations in the Trinity River Basin to a level approximating that which existed immediately before the start of the construction of the Trinity River division.

SECTION

Oct. 24, 1984 [H.R. 1438]

Conservation. Fish and fishing. Wildlife.

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 98 STAT. 2722

PUBLIC LAW 98-541—OCT. 24, 1984 TRINITY RIVER BASIN FISH AND WILDLIFE MANAGEMENT PROGRAM

SEC. 2. (a) Subject to subsection (b), the Secretary shall formulate and implement a fish and wildlife management program for the Trinity River Basin designed to restore the fish and wildlife populations in such basin to the levels approximating those which existed immediately before the start of the construction referred to in section 1(1) and to maintain such levels. The program shall include the following activities: (1) The design, construction, operation, and maintenance of facilities to— (A) rehabilitate fish habitats in the Trinity River between Lewiston Dam and Weitchpec; (B) rehabilitate fish habitats in tributaries of such river below Lewiston Dam and in the south fork of such river; and (C) modernize and otherwise increase the effectiveness of the Trinity River Fish Hatchery. (2) The establishment of a procedure to monitor (A) the fish and wildlife stock on a continuing basis, and (B) the effectiveness of the rehabilitation work. (3) Such other activities as the Secretary determines to be necessary to achieve the long-term goal of the program. (b)(1) The Secretary shall use the program described in section 1(5) of this Act as a basis for the management program to be formulated under subsection (a) of this section. In formulating and implementing such management program, the Secretary shall be assisted by an advisory group called the Trinity River Basin Fish and Wildlife Task Force established under section 3. (2) In order to facilitate the implementation of those activities under the management program over which the Secretary does not have jurisdiction, the Secretary shall undertake to enter into a memorandum of agreement with those Federal, State, and local agencies, and the Indian tribe, represented on the Task Force established under section 3. The memorandum of agreement should specify those management program activities for which the respective signatories to the agreement are primarily responsible and should contain such commitments and arrangements between and among the signatories as may be necessary or appropriate to ensure the coordinated implementation of the program. (3) To the extent not provided for under a memorandum of agreement entered into under paragraph (2), the Secretary shall coordinate the activities undertaken under such management program with the activities of State and local agencies, and the activities of other Federal agencies, which have responsibilities for managing public lands and natural resources within the Trinity River Basin. Establishment.

TRINITY RIVER BASIN FISH AND WILDLIFE TASK FORCE

SEC. 3. (a) There is established the Trinity River Basin Fish and Wildlife Task Force (hereinafter in this Act referred to as the "Task Force") which shall be composed of fourteen members as follows: (1) One officer or employee of the California Department of Fish and Game to be appointed by the administrative head of such department.

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98 STAT. 2723

(2) One officer or employee of the California Department of Water Resources to be appointed by the administrative head of such department. (3) One member or employee of the California Water Resources Control Board to be appointed by such board. (4) One officer or employee of the California Department of Forestry to be appointed by the administrative head of such department. (5) One officer or employee of the United States Fish and Wildlife Service to be appointed by the Secretary. (6) One officer or employee of the United States Bureau of Reclamation to be appointed by the Secretary. (7) One officer or employee of the United States Bureau of Land Management to be appointed by the Secretary. (8) One officer or employee of the United States Bureau of Indian Affairs to be appointed by the Secretary. (9) One officer or employee of the United States Forest Service to be appointed by the Secretary of Agriculture. (10) One officer or employee of the United States Soil Conservation Service to be appointed by the Secretary of Agriculture. (11) One officer or employee of the United States National Marine Fisheries Service to be appointed by the Secretary of Commerce. (12) One individual to be appointed by the board of supervisors of Humboldt County, California. (13) One individual to be appointed by the board of supervisors of Trinity County, California. (14) One individual to be appointed by the Hoopa Tribe of the Hoopa Valley Indian Reservation, California. Any vacancy on the Task Force shall be filled in the manner in which the original appointment was made. (b) If any member of the Task Force who was appointed to the Task Force as an officer or employee of a United States department or agency or as an officer or employee of a California State department or board leaves such office or employment, he may continue as a member of the Task Force for not longer than the end of the fourteen-day period beginning on the date he leaves such office or employment. (c)(1) Members of the Task Force who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Task Force. (2) No moneys authorized to be appropriated under this Act may be used to pay any member of the Task Force for service on the Task Force or to reimburse any agency or governmental unit for the pay of any such member for such service. AUTHORIZATION OF APPROPRIATIONS

SEC. 4. (a) Subject to subsection (b), there are authorized to be appropriated— (1) after fiscal year 1985, and to remain available until October 1, 1995, for design and construction under the management program formulated under section 2(a), $33,000,000, adjusted appropriately to reflect any increase or decrease in the engineering cost indexes applicable to the types of construction involved between (A) the month of May 1982, and (B) the date of enactment of any appropriation for such construction; and

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 98 STAT. 2724

PUBLIC LAW 98-541—OCT. 24, 1984

(2) for the cost of operations, maintenance, and monitoring under that management program, $2,400,000 for each of the fiscal years in the ten-year period beginning on October 1, 1985. (b) No moneys appropriated under subsection (a) may be expended, and no moneys may be expended for carrying out Grass Valley Creek activities, after September 30, 1984, until the Secretary receives assurances satisfactory to him that— (1) the State of California and the counties of Humboldt and Trinity in California will pay during each fiscal year (on the basis of such shares as the State and the counties mutually agree upon) to the Treasury of the United States an amount equal to 15 per centum of the total amount of money that is expended during that year (A) from appropriations made under subsection (a), and (B) for carrying out Grass Valley Creek activities; and (2) the public utilities, water districts, and other direct purchasers of water and power from the Trinity River division of the Central Valley project referred to in section 1(1) will pay (on the basis of such shares as are determined by the Secretary) to the Treasury of the United States, within such period of time and in such increments as are satisfactory to the Secretary, an amount equal to 50 per centum of the total amount of money that is expended (A) from appropriations made under subsection (a), and (B) for carrying out Grass Valley Creek activities. (c) No moneys appropriated under subsection (a) may be expended for any construction described in section 2(a)(1)(A) below the confluence of Grass Valley Creek and the Trinity River until the construction of the debris dam referred to in subsection (d)(1) is completed. (d) For purposes of this section, the term "Grass Valley Creek activities" means the following activities authorized by the Act of September 4, 1980 (94 Stat. 1062): (1) The construction of the Grass Valley Creek debris dam. (2) The construction, operation, and maintenance of the sand dredging system in Grass Valley Creek. Approved October 24, 1984.

LEGISLATIVE HISTORY—H.R. 1438: HOUSE REPORT No. 98-1035, Pt. 1 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-647 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 4, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 43 (1984): Oct. 24, Presidential statement.

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 PUBLIC LAW 98-542—OCT. 24, 1984

98 STAT. 2725

Public Law 98-542 98th Congress An Act To require the Administrator of Veterans' Affairs to prescribe regulations regarding the determination of service connection of certain disabilities of veterans who were exposed to dioxin in the Republic of Vietnam while performing active military, naval, or air service or to radiation from nuclear detonations while performing such service, to provide interim benefits for certain disabilities and deaths, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Veterans' Dioxin and Radiation Exposure Compensation Standards Act".

Oct. 24, 1984 [H.R. 1961]

Veterans' Dioxin and Radiation Exposure Compensation Standards Act. 38 USC 354 note.

FINDINGS 38 USC 354 note. SEC. 2. The Congress makes the following findings: (1) Veterans who served in the Republic of Vietnam during the Vietnam era and veterans who participated in atmospheric nuclear tests or the American occupation of Hiroshima or Nagasaki, Japan, are deeply concerned about possible long-term health effects of exposure to herbicides containing dioxin or to ionizing radiation. (2) There is scientific and medical uncertainty regarding such long-term adverse health effects. (3) In section 102 of Public Law 97-22, the Congress responded to that uncertainty by authorizing priority medical care at Veterans' Administration facilities for any disability of a veteran who may have been so exposed (even though there is insufficient medical evidence linking such disability with such exposure) unless the disability is found to have resulted from a cause other than the exposure. (4) The Congress has further responded to that medical and scientific uncertainty by requiring, in section 307 of Public Law 96-151 and section 601 of Public Law 98-160, the conduct of 38 USC 219 note. thorough epidemiological studies of the health effects experi- 97 Stat. 1006. enced by veterans in connection with exposure both to herbi- 38 USC 219 note. cides containing dioxin and (if not determined to be scientifically infeasible) to radiation, and by requiring in Public Law 97-414, 21 USC 301 note the development of radioepidemiological tables setting forth the probabilities of causation between various cancers and exposure to radiation. (5) There is some evidence that chloracne, porphyria cutanea tarda, and soft tissue sarcoma are associated with exposure to certain levels of dioxin as found in some herbicides and that most types of leukemia, malignancies of the thyroid, female breast, lung, bone, liver, and skin, and polycythemia vera are associated with exposure to certain levels of ionizing radiation.

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 98 STAT. 2726

PUBLIC LAW 98-542—OCT. 24, 1984 (6) As of the date of the enactment of this Act, there are sixtysix federally sponsored research projects being conducted relating to herbicides containing dioxin, at a cost to the Federal Government in excess of $130,000,000 and, as of 1981, federally sponsored research projects relating to ionizing radiation were costing the Federal Government more than $115,000,000. (7) The initial results of one project—an epidemiological study, conducted by the United States Air Force School of Aerospace Medicine, of the health status of the "Ranch Hand" veterans who carried out the loading and aerial spraying of herbicides containing dioxin in Vietnam and in the process came into direct skin contact with such herbicides in their most concentrated liquid form—were released on February 24, 1984, and contained the conclusion "that there is insufficient evidence to support a cause and effect relationship between herbicide exposure and adverse health in the Ranch Hand group at this time". (8) The "film badges" which were originally issued to members of the Armed Forces in connection with the atmospheric nuclear test program have previously constituted a primary source of dose information for veterans (and survivors of veterans) filing claims for Veterans' Administration disability compensation or dependency and indemnity compensation in connection with exposure to radiation. (9) These film badges often provide an incomplete measure of radiation exposure, since they were not capable of recording inhaled, ingested, or neutron doses (although the Defense Nuclear Agency currently has the capability to reconstruct individual estimates of such doses), were not issued to most of the participants in nuclear tests, often provided questionable readings because they were shielded during the detonation, and were worn for only limited periods during and after each nuclear detonation. (10) Standards governing the reporting of dose estimates in connection with radiation-related claims for Veterans' Administration disability compensation vary among the several branches of the Armed Forces, and no uniform minimum standards exist. (11) The Veterans' Administration has not promulgated permanent regulations setting forth specific guidelines, standards, and criteria for the adjudication of claims for Veterans' Administration disability compensation based on exposure to herbicides containing dioxin or to ionizing radiation. (12) Such claims (especially those involving health effects with long latency periods) present adjudicatory issues which are significantly different from issues generally presented in claims based upon the usual types of injuries incurred in military service. (13) It has always been the policy of the Veterans' Administration and is the policy of the United States, with respect to individual claims for service connection of diseases and disabilities, that when, after consideration of all evidence and material of record, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of a claim, the benefit of the doubt in resolving each such issue shall be given to the claimant.

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 PUBLIC LAW 98-542—OCT. 24, 1984

98 STAT. 2727

PURPOSE

SEC. 3. The purpose of this Act is to ensure that Veterans' 38 USC 354 note. Administration disability compensation is provided to veterans who were exposed during service in the Armed Forces in the Republic of Vietnam to a herbicide containing dioxin or to ionizing radiation in connection with atmospheric nuclear tests or in connection with the American occupation of Hiroshima or Nagasaki, Japan, for all disabilities arising after that service that are connected, based on sound scientific and medical evidence, to such service (and that Veterans' Administration dependency and indemnity compensation is provided to survivors of those veterans for all deaths resulting from such disabilities). REQUIREMENT IN TITLE 38, UNITED STATES CODE, RELATING TO REGULATIONS

SEC. 4. Section 354(a) of title 38, United States Code, is amended— (1) by striking out the comma after "disabilities" and inserting in lieu thereof "(1)"; and (2) by inserting before the period a comma and "and (2) the provisions required by section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act". REQUIREMENT FOR AND CONTENT OF REGULATIONS

SEC. 5. (a) In carrying out the responsibilities of the Administrator 38 USC 354 note. of Veterans' Affairs under section 354(a)(2) of title 38, United States Code, and in order to promote consistency in claims processing and decisions, the Administrator shall prescribe regulations to— (1) establish guidelines and (where appropriate) standards and criteria for the resolution of claims for benefits under laws administered by the Veterans' Administration where the criteria for eligibility for a benefit include a requirement that a death or disability be service connected and the claim of service connection is based on a veteran's exposure during service— (A) in the Republic of Vietnam during the Vietnam era to a herbicide containing dioxin, or (B) in connection with such veteran's participation in atmospheric nuclear tests or with the American occupation of Hiroshima or Nagasaki, Japan, prior to July 1, 1946, to ionizing radiation from the detonation of a nuclear device; and (2) ensure that, with respect to those claims, the policy of the United States described in section 2(13) is carried out. (b)(1)(A) The guidelines required to be established in regulations prescribed under this section shall include guidelines governing the evaluation of the findings of scientific studies relating to the possible increased risk of adverse health effects of exposure to herbicides containing dioxin or of exposure to ionizing radiation. Those guidelines shall require that, in the evaluation of those studies, the Administrator shall take into account whether the results are statistically significant, are capable of replication, and withstand peer review. (B) The evaluations described in subparagraph (A) shall be made by the Administrator of Veterans' Affairs after receiving the advice of the appropriate panel of the Scientific Council of the Veterans' Advisory Committee on Environmental Hazards (established under

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