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Page:United States Statutes at Large Volume 95.djvu/1047

 PUBLIC LAW 97-65—OCT. 16, 1981

95 STAT. 1021

Public Law 97- 65 97th Congress

An Act To amend the Foreign Assistance Act of 1961 with respect to the activities of the Overseas Private Investment Corporation.

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

Oct. 16, 1981 [H.R. 3136] Overseas Private Investment Corporation Amendments Act of 1981.

SEcnoN 1. This Act may be cited as the "Overseas Private Invest- 22 USC ^isi ment Corporation Amendcaents Act of 1981". "* °® CREATION, PURPOSE AND POLICY

SEC. 2. Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended— (1) in paragraph (2)— (A) by striking out "$520 or less in 1975 United States dollars and inserting in lieu thereof "$680 or less in 1979 United States dollars; and (B) by striking out "$1,000 or more in 1975 United States dollars and inserting in lieu thereof "$2,950 or more in 1979 United States dollars; (2) in subsection (i) by inserting immediately before the semicolon the following: ", and to seek to support those developmental projects having positive trade benefits for the United States"; and (3)(A) in subsection (k) by striking out "and" after "required by clause (1);"; (B) in subsection (1) by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new subsection: "(m) to refuse to insure, reinsure, or finance any investment subject to performance requirements which would reduce substantially the positive trade benefits likely to accrue to the United States from the investment.". ORGANIZATION AND MANAGEMENT

SEC. 3. (a) The first paragraph of section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended— (1) by striking out in the first sentence "eleven" and "six" and inserting in lieu thereof "fifteen" and "eight", respectively; (2) by inserting after the second sentence the following: "The United States Trade Representative shall be the Vice Chairman of the Board, ex officio, except that the United States Trade Representative may designate the Deputy United States Trade Representative to serve as Vice Chairman of the Board in place of me United States Trade Representative.";

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Page:United States Statutes at Large Volume 95.djvu/1048

 95 STAT. 1022

Effective date. 22 USC 2193 note.

PUBLIC LAW 97-65—OCT. 16, 1981

(3) by striking out "Six", "six", and "two" in the fourth, fifth, and seventh sentences of such section, as amended by paragraph (2), and inserting in lieu thereof "Eight", "eight", and "three", respectively; (4) by striking out in the fifth sentence of such section, as amended by paragraph (2), "one" the first place it appears and inserting in lieu thereof "two"; and (5) by striking out in the fourth sentence of such section, as amended by paragraph (2), "also serve as a Director" and inserting in lieu thereof "serve as a Director, ex officio". (b) The second paragraph of such section is amended by inserting "including an official of the Department of Labor," after "United States,". (c) The amendments made by this section shall take effect on October 1, 1981. INVESTMENT INSURANCE AND OTHER PROGRAMS

Report to congressional committees.

SEC. 4. (a) Section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) is amended— (1) in subsection (a)(1)(C), by striking out "or insurrection" and inserting in lieu thereof ", insurrection, or civil strife"; (2) in subsection (a)(2), by striking out "total" and "financing" at the end thereof; (3) in subsection (a)(3), by striking out "authorized to issue under this subsection" and inserting in lieu thereof "permitted to have outstanding under section 235(a)(1)"; and (4) by adding at the end of subsection (a) the following new paragraph: "(4) Before issuing civil strife insurance for the first time, and in each subsequent instance in which a significant expansion is proposed in the type of risk to be insured under the definition of civil strife, the Corporation shall, at least sixty days before such insurance is issued, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report with respect to such insurance, including a thorough analysis of the risks to be covered, anticipated losses, and proposed rates and reserves.". (b) Section 234 of such Act is further amended— (1) in subsection (b), by striking out in the last proviso "authorized to issue under this subsection" and inserting in lieu thereof "permitted to have outstanding under section 235(a)(2)"; (2) in subsection (fl(l), by striking out "(A)" and by striking out ", and (B)" and all that follows through the end of the paragraph and inserting in lieu thereof a period; and (3) in the last paragraph of subsection (f)— (A) by striking out in the second sentence "exceed $600,000,000 in any one year, and the amount of such reinsurance shall not"; and (B) by striking out in the last sentence ", and the Corporation" and all that follows through the end of the sentence and inserting in lieu thereof a period. ISSUING AUTHORITY, DIRECT INVESTMENT FUND AND RESERVES

SEC. 5. (a)(1) Section 235(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)) is amended in paragraph (2) by striking out ": Provided" and all that follows through the end of the paragraph and inserting in lieu thereof a period and the following: "Commit-

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Page:United States Statutes at Large Volume 95.djvu/1049

 PUBLIC LAW 97-65—OCT. 16, 1981

95 STAT. 1023

ments to guarantee loans are authorized for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.". (2) Section 235(a) of such Act is further amended— (A) By redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting the following after paragraph (2): "(3) The Corporation shall not make any commitment to issue any guaranty which would result in a reserve less than 25 per centum of the maximum contingent liability then outstanding against guaranties issued or commitments made pursuant to section 234(b) or similar predecessor guaranty authority.". (b)(1) Section 235(a)(5) of such Act, as redesignated by subsection (a)(2)(A) of this section, is amended by striking out "September 30, 1981" and inserting in lieu thereof "September 30, 1985". (2) The authority of the Overseas Private Investment Corporation to enter into contracts under section 234(a) of the Foreign Assistance Act of 1961 shall be effective for any fiscal year beginning after September 30, 1981, only to such extent or in such amounts as are provided in appropriation Acts. (c) Section 235(b) of such Act is amended by adding at the end thereof the following: "The Corporation shall transfer to the Fund in the fiscal year 1982, and in each fiscal year thereafter— "(1) at least 10 per centum of the net income of the Corporation for the preceding fiscal year, and "(2) all amounts received by the Corjwration during the preceding fiscal year as repayment of principal and interest on loans made under section 234(c), to the extent such amounts have not been expended or obligated before the effective date of the Overseas Private Investment Corporation Amendments Act of 1981,

and the Corporation shall use the funds so transferred to make loans under section 234(c) to the extent that there are eligible projects which meet the Corporation's criteria for funding: Provided, however, That loans from the Direct Investment Fund are authorized for any fiscal year only to the extent or in such amounts as provided in advance in appropriation Acts.". GENERAL PROVISIONS RELATING TO INSURANCE AND GUARANTY PROGRAM

SEC. 6. (a) Section 237(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2197(f)) is amended by amending the first sentence to read as follows: "Compensation for insurance, reinsurance, or guaranties issued under this title shall not exceed the dollar value, as of the date of the investment, of the investment made in the project with the approval of the Corporation plus interest, earnings, or profits actually accrued on such investment to the extent provided by such insurance, reinsurance, or guaranty, except that the Corporation may provide that (1) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets, and (2) compensation for a claim of loss under insurance of an equity investment may be computed on the basis of the net book value attributable to such equity investment on the date of loss.". (b) Such section is further amended by striking out the leist sentence.

22 USC 2195.

22 USC 2194.

contract 22 USC*2i94 ^

22 USC 2194. Ante, p. 1021.

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Page:United States Statutes at Large Volume 95.djvu/1050

 95 STAT. 1024

PUBLIC LAW 97-65—OCT. 16, 1981 DEFINITIONS

SEC. 7. Section 238(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(a)) is amended by inserting "or commitment" after "includes any contribution". GENERAL PROVISIONS AND POWERS

SEC. 8. Section 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199) is amended— (1) in subsection (d), by inserting after the last semicolon the following: "to collect or compromise any obligations assigned to or held by the Corporation, including any legal or equitable rights accruing to the (Corporation;"; (2) in subsection (e>— (A) by striking out "Auditor-General" each place it appears and inserting in lieu thereof "Inspector General"; and (B) b^ striking out in the first sentence "shall have the responsibility for planning and directing the execution of audits," and inserting in lieu thereof "may conduct"; and (3) by striking out subsections (f), (i), and (k) and redesignating subsections (g), (h), (i), and G) as subsections (f), (g), (h), and (i), respectively. REPORTS

Submittal to 22 ijsc?2200a note.

SEC. 9. (a) Section 240A of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a) is amended— (1) in subsection (a)— (A) by striking out "(a)"; (B) in paragraph (1). by striking out "239(i)" and inserting in lieu thereof "239(h)^'; and (C) in paragraph (2)(A), by striking out "239a)" and inserting in lieu thereof "239(i)"; and (2) by strikii^out subsection (b). (b) The (Jverscas Private Investment O)rporation shall prepare and submit to the 0)ngress, not later than June 30, 1982, a report on methods for estimating the probability that particular investments or types of investments will or will not be made if insurance or other support by the Corporation is not provided. The report should review metnods of taking mto consideration the availabliity of insurance in the private sector as well as the self-insurance capabilities of investors. The report shall include recommendations on how the Corporation can incorporate consideration of such estimates when deciding which investments to support, particularly if not all applications of eligible investors can be approved. The report shall be based on studies conducted by persons who are not officers or employees of the Corporation as well as on studies conducted by the Corporation. RETURN OF APPROPRIATED FUNDS

22 USC 2200b. 22 USC 2191.

SEC. 10. Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof uie following new section: "SEC. 240B. RETURN OF APPROPRIATED FUNDS.-The Corporation shall return to the general fund of the Treasury, in a manner consistent with the objectives set forth in section 231, amounts equal to the total amounts which were appropriated to the Corporation

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Page:United States Statutes at Large Volume 95.djvu/1051

 PUBLIC LAW 97-65—OCT. 16, 1981

95 STAT. 1025

before January 1, 1975, pursuant to section 235(f). In order to carry 22 USC 2195. out the preceding sentence, the Corporation shall, in each fiscal year, pay to the Treasury an amount equal to 25 per centum of the net income of the Corporation for the preceding fiscal year, after making suitable provisions for transfers to reserves and capital, until the aggregate amount of such payments equals the amounts required to be returned to the Treasury by the preceding sentence.". Approved October 16, 1981.

LEGISLATIVE HISTORY—H.R. 3136 (H.R. 3566) (S. 1196): HOUSE REPORT No. 97-195 (Comm. on Foreign Affairs). SENATE REPORT No. 97-83 accompanying S. 1196 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 21, 22, considered and passed House. Sept. 23, 24, 30, S. 1196 considered in Senate. Sept. 25, considered and passed Senate, amended. Sept. 28, House concurred in Senate amendment with an amendment. Sept. 30, Senate concurred in House amendment with an amendment. Oct. 2, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/1052

 95 STAT. 1026

PUBLIC LAW 97-66—OCT. 17, 1981

Public Law 97-66 97th Congress An Act Oct. 17, 1981 [S. 917]

Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 198L 38 USC 101 note.

To amend title 38, United States C!ode, to increase the rates of disability compensation for disabled veterans, to increase the rates of dependency and indemnity compensation for the surviving spouses and children of disabled veterans, to authorize the Administrator of Veterans' Affairs to guarantee home loans with provisions for graduated-payment plans, to increase the maximum amount payable under the Veterans' Administration automobile assistance and specially adapted housing assistance programs, to expand eligibility for memorial markers, to require advance notification to Congress regarding certieun Veterans' Administration reorganizations, and to limit expenditures of medical appropriations in connection with contracting-out studies; 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; AMENDMENTS TO TITLE 38, UNITED STATES CODE

1. (a) This Act may be cited as the "Veterans' Disabihty Compensation, Housing, and Memorial Benefits Amendments of 198r. (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is. expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION

TITLE I—VETERANS' DISABILITY COMPENSATION BENEFITS INCREASES IN RATES OF DISABILITY COMPENSATION 94 Stat. 1528. 38 USC 314.

SEC. 101. (a) Section 314 is amended— (1) by striking out "$54" in subsection (a) and inserting in lieu thereof "$58"; (2) by striking out "$99" in subsection (b) and inserting in lieu thereof "$107"; (3) by striking out "$150" in subsection (c) and inserting in lieu thereof "$162"; (4) by striking out "$206" in subsection (d) and inserting in lieu thereof "$232"; (5) by striking out "$291" in subsection (e) and inserting in lieu thereof "$328"; (6) by striking out "$367" in subsection (f) and inserting in lieu thereof "$413"; (7) by striking out "$434" in subsection (g) and inserting in lieu thereof "$521"; (8) by striking out "$503" in subsection (h) and inserting in lieu thereof "$604"; (9) by striking out "$566" in subsection (i) and inserting in lieu thereof "$679";

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Page:United States Statutes at Large Volume 95.djvu/1053

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1027

(10) by striking out "$1,016" in subsection (j) and inserting in lieu thereof "$1,130"; (11) by striking out "$1,262" and "$1,768" in subsection (k) and inserting in lieu thereof "$1,403" and "$1,966", respectively; (12) by striking out "$1,262" in subsection (1) and inserting in lieu thereof "$M03"; (13) by striking out "$1,391" in subsection (m) and inserting in lieu thereof "$1,547"; (14) by striking out "$1,581" in subsection (n) and inserting in lieu thereof "$1,758"; (15) by striking out "$1,768" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$1,966"; (16) by striking out "$759^' and "$1,130" in subsection (r) and inserting in lieu thereof "$844" and "$1,257", respectively; (17) by striking out "$1,137" in subsection (s) and inserting in lieu thereof "$1,264"; and (18) by striking out "$219" in subsection (t) and inserting in lieu thereof "$244". (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

^^ use 314 note. 38 USC note ^l^^i}^\ 38 USC 301 et """

seq.

INCREASES IN RATES OF ADDITIONAL COMPENSATION FOR DEPENDENTS 94 Stat. 1529. SEC. 102, Section 315(1) is amended— (1) by striking out "$62" in clause (A) and inserting in lieu 38 USC 315. thereof"$69"; (2) by striking out "$104" in clause (B) and inserting in lieu thereof"$116"; (3) by striking out "$138" in clause (C) and inserting in lieu thereof "$153"; (4) by striking out "$173" and "$34" in clause (D) and inserting in lieu thereof'^$192" and "$38", respectively; (5) by striking out "$42" in clause (E) and inserting in lieu thereof "$47"; (6) by striking out "$77" in clause (F) and inserting in lieu thereof "$86"; (7) by striking out "$111" and "$34" in clause (G) and inserting m lieu thereof'^$123" and "$38", respectively; (8) by striking out "$50" in clause (H) and inserting in lieu thereof "$56"; (9) by striking out "$112" in clause (I) and inserting in lieu thereof "$125"; and (10) by striking out "$94" in clause (J) and inserting in lieu thereof ^^$105". INCREASE IN CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS

SEC. 103. Section 362 is amended by striking out "$274" and 94 Stat. 1529. 38 USC 362. inserting in lieu thereof "$305". "" """ """ INCREASES IN COMPENSATION PAYABLE TO CERTAIN SEVERELY DISABLED VETERANS

SEC. 104. Section 314 is amended—

38 USC 314.

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Page:United States Statutes at Large Volume 95.djvu/1054

 95 STAT. 1028

PUBLIC LAW 97-66—OCT. 17, 1981 (1) in subsection G), by striking out "both hands, or"; (2) in subsection (m), by striking out "two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis" and inserting in lieu thereof "both hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one arm and one leg at levels, or with complications, preventing natural elbow and knee action with prostheses"; (3) in subsection (n), by striking out "of two extremities so near the shoulder or hip as to prevent the use of a prosthetic appliance" and inserting in lieu thereof "or loss of use of both arms at levels, or with complications, preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg so near the shoulder and hip as to prevent the use of prosthetic appliances,"; and (4) in subsection (o), by inserting "or if the veteran has suffered the anatomical loss of both arms so near the shoulder as to prevent the use of prosthetic appliances," after "less,". TITLE n-^URVIVORS' DEPENDENCY AND INDEMNITY COMPENSATION BENEFITS INCREASES IN RATES OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES

94 Stat. 1529. 38 USC 411.

SEC. 201. (a) SubsectioD (a) of section 411 is amended to read as follow-

"(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table: "Pay grade EM E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 W-1 W-2 W-3

Monthly rate $415 428 438 466 479 490 514 542 »567 525 546 562

"Pay grade W-4 0-1 0-2 0-3 0-4 0-5 0-6 0-7 0-8 0-9 O-IO

Monthly rate $595 525 542 580 613 676 761 824 903 970 21^061

" * If the veteran served aa sergeant nugor of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant me^r of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $610. "2 If the veteran served as Chairman of the Joint Chiefs of Stetff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Sttdff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,138.".

(b) Subsection (b) of such section is amended by striking out "$43" and inserting in lieu thereof "$48". (c) Subsection (c) of such section is amended by striking out "$112" and inserting in lieu thereof "$125".

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Page:United States Statutes at Large Volume 95.djvu/1055

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1029

(d) Subsection (d) of such section is amended by striking out "$56" and inserting in lieu thereof "$62". INCREASES IN RATES OF DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

SEC. 202. Section 413 is amended— 94 Stat. 1530. (1) by striking out "$189" in clause (1) and inserting in lieu ^^ "^^^ ^^'^• thereof "$210"; (2) by striking out "$271" in clause (2) and inserting in lieu thereof "$301"; (3) by striking out "$350" in clause (3) and inserting in lieu thereof "$389"; and (4) by striking out "$350" and "$71" in clause (4) and inserting in lieu thereof'^$389" and "$79", respectively. INCREASES IN RATES OF SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

SEC. 203. Section 414 is amended— ^ Stat Iff(1) by striking out "$112" in subsection (a) and inserting in lieu thereof "$125"; (2) by striking out "$189" in subsection (b) and inserting in lieu thereof "$210"; and (3) by striking out "$96" in subsection (c) and inserting in lieu thereof "$107". M I S C E L L A N E O U S D E P E N D E N C Y A N D I N D E M N I T Y COMPENSATION

AMENDMENTS

SEC. 204. (a) Section 413 is amended by inserting "(a)" before 38 USC 413. "Whenever", and by adding at the end the following new subsection: "(b) If dependency and indemnity compensation has been awarded under this section to a veteran's child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period.". (b) Section 3010(e) is amended— 38 USC 30io. (1) by striking out "The" and inserting in lieu thereof "(1) Except as provided in paragraph (2) of this subsection, the"; and (2) by adding at the end the following new paragraph: "(2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 411(b) of this title in determining the amount of the ^«^e. P- 1028. dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date.".

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Page:United States Statutes at Large Volume 95.djvu/1056

 95 STAT. 1030

PUBLIC LAW 97-66—OCT. 17, 1981 TITLE in—AUTOMOBILE ASSISTANCE AND ADAPTIVE EQUIPMENT INCREASE IN AUTOMOBILE ASSISTANCE AMOUNT

38 USC 1902.

SEC. 301. Section 1902(a) is amended by striking out "$3,800" and inserting in lieu thereof "$4,400". EXTENSION OF ELIGIBILITY FOR ADAPTIVE EQUIPMENT ASSISTANCE

SEC. 302. Section 1902(b) is amended— (1) by inserting "(1)" before "The"; and (2) by adding at the end the following new paragraph: "(2) In the case of any veteran (other than a person eligible for assistance under paragraph (1) of this subsection) who is entitled to compensation for ankylosis of one or both knees, or one or both hips, the Administrator, under the terms and conditions set forth in subsections (a), (c), and (d) of section 1903 of this title and under regulations which the Administrator shall prescribe, shall provide such adaptive equipment to overcome the disability resulting from such ankylosis as (A) is necessary to meet the applicable standards of licensure established by the State of such veteran's residency or other proper licensing authority for the operation of such veteran's automobile or other conv^ance by such veteran, and (B) is determined to be necessary by the Chief Medical Director for the safe operation of such automobile or other conveyance by such veteran.". TECHNICAL AMENDMENTS

38 USC 1902, ^^^^

SEC. 303. Sections 1902 and 1903(b) are amended by striking out "he" each place it appears and inserting in lieu thereof "the Administrator" and by striking out "his" each place it appears and inserting in lieu thereof "such person's". TITLE IV-LIFE INSURANCE PROGRAM AMENDMENTS I N C R E A S E S I N MAXIMUM AMOUNTS OF LIFE INSURANCE

38 USC 767.

SEC. 401. (a) Section 767 is amended— (1) in subsection (a)— (A) by striking out "$20,000" and inserting in lieu thereof "$35,000"; and (B) by inserting "$30,000, $25,000, $20,000" after "or (B) to be insured in the amount of"; (2) in subsection (c)— (A) by inserting "$30,000, $25,000, $20,000" after "or to be insured in the amount of; and (B) by inserting "$35,000, $30,000, $25,000" after "or insured in the amount of; and (3) by adding at the end of such section the following new subsection: "(d) Notwithstanding any other provision of this section, any member who on the effective date of this subsection is a member of the Retired Reserve of a uniformed service (or who upon application would be eligible for assignment to the Retired Reserve of a uniformed service) may obtain increased insurance coverage up to a maximum of $35,000 (in any amount divisible by $5,000) if— "(1) the member—

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Page:United States Statutes at Large Volume 95.djvu/1057

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1031

"(A) is insured under this subchapter on the effective date of this subsection; or "(B) within one year after the effective date of this subsection, reinstates insurance under this subchapter that had lapsed for nonpayment of premiums; and "(2) the member submits a written application for the increased coverage to the office established pursuant to section 766(b) of this title within one year after the effective date of this subsection.", (b) Section 777(a) is amended— 38 USC 777. (1) by striking out "or $20,000" in the first sentence and inserting in lieu thereof "$20,000, $25,000, $30,000, or $35,000"; (2) by striking out "$20,000" in the second sentence and inserting in lieu thereof "$35,000"; and (3) by striking out "$20,000" both places it appears in the fourth sentence and inserting in lieu thereof "$35,000". COLLECTION OF AMOUNTS FOR SERVICEMEN'S GROUP LIFE INSURANCE PROGRAM

SEC 402. Section 769 is amended by adding at the end the following ^^^^°^new subsection: ^^ use 769. "(f) The Secretary of Defense shall prescribe regulations for the administration of the functions of the Secretaries of the military departments under this section. Such regulations shall prescribe such procedures as the Secretary of Defense, after consultation with the Administrator, may consider necessary to ensure that such functions are carried out in a timely and complete manner and in accordance with the provisions of this section, mcluding specifically the provisions of subsection (a)(2) of this section relating to contributions from appropriations made for active duty pay.". B E N E F I C I A R Y ' S R I G H T TO ELECT ONE-SUM PAYMENT

SEC. 403. (a) Section 717(c) is amended— 38 USC 7i7. (1) by striking out "Unless" in the first sentence and inserting in lieu thereof "Except as provided in the second and third sentences of this subsection, unless"; and (2) by inserting the following new sentence after the second sentence: "In the case of insurance maturing after September 30, 1981, and for which no option has been elected by the insured, the first beneficiary may elect to receive payment in one sum.". (b) Section 752(a) is amended by adding at the end the following 38 USC 752. new sentence: "Notwithstanding any provision to the contrary in any insurance contract, the beneficiary may, in the case of insurance maturing after September 30, 1981, and for which the insured has not exercised the right of election of the insured as provided in this subchapter, elect to receive payment of the insurance in one sum.". TITLE V—VETERANS' ADMINISTRATION HOUSING BENEFITS ESTABLISHMENT OF GRADUATED-PAYMENT PLANS IN VETERANS* ADMINISTRATION LOAN GUARANTY PROGRAM

SEC. 501. (a) Section 1803(d)(2) is amended— (1) by inserting "(A)" after "(2)"; and (2) by adding at the end the following new subparagraphs:

89-194 0—82

67:QL3

38 USC 1803.

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Page:United States Statutes at Large Volume 95.djvu/1058

 95 STAT. 1032 Loan guarantee.

38 USC 1828.

PUBLIC LAW 97-66—OCT. 17, 1981

"(B) The Administrator may guarantee loans with provisions for various rates of amortization corresponding to anticipated variations in family income. With respect to any loan guaranteed under this subparagraph— "(i) the initial principal amount of the loan may not exceed the reasonable value of the property as of the time the loan is made; and "(ii) the principal amount of the loan thereafter (including the amount of all interest to be deferred and added to principal) may not at any time be scheduled to exceed the projected value of the property. "(C) For the purposes of subparagraph (B) of this paragraph, the projected value of the property shall be calculated by the Administrator by increasing the reasonable value of the property as of the time the loan is made at a rate not in excess of 2.5 percent per year, but in no event may the projected value of the property for the purposes of such subparagraph exceed 115 percent of such reasonable value. A loan made for a purpose other than the acquisition of a single-family dwelling unit may not be guaranteed under such subparagraph.. (b) Section 1828 is amended— (1) by inserting "(1)" after "constitution or law"; and (2) by inserting "(2) restricting the manner of calculating such interest (including prohibition of the charging of interest on interest), or (3) requiring a minimum amortization of principal," after "lenders,". INCREASE IN MAXIMUM AMOUNTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE

oi f^n cnF 38 USC 802.

SEC. 502. Section 802 is amended— ^J jj^ subsection (a)— (A) by striking out "$30,000" and inserting in lieu thereof "$32,500"; (B) by striking out "him" each place it appears and inserting in lieu thereof "such veteran; and (C) by striking out "his" in clause (3) and inserting in lieu thereof "such veteran's"; and (2) by striking out "section 804(b)(2)" in subsection (b) and inserting in lieu thereof "section 804(b)". E X T E N S I O N S O F MAXIMUM T E R M S OF GUARANTEED LOANS FOR MOBILE-

HOME PURCHASES

38 USC 1819.

SEC 503. Paragraph (1) of section 1819(d) is amended to read as follows: "(1) The maturity of any loan guaranteed under this section shall not be more than— "(A) fifteen years and thirty-two days, in the case of a loan for the purchase of a lot; "(B) twenty years and thirty-two days, in the case of a loan for the purchase of^ "(i) a single-wide mobile home; or "(ii) a single-wide mobile home and a lot; "(C) twenty-three years and thirty-two days, in the case of a loan for the purchase of a double-wide mobile home; or "(D) twenty-five years and thirty-two days, in the case of a loan for the purchase of a double-wide mobile home and a lot.".

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text: Category:Dentistry

title: Category:Dentistry


text:
Page:United States Statutes at Large Volume 95.djvu/1059

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1033

TECHNICAL AMENDMENTS

SEC. 504. Section 1826 is amended— (1) by striking out subsection (a); and (2) by striking o u t ' W. TITLE VI—MISCELLANEOUS PROVISIONS

38 USC 1826.

V E T E R A N S ' ADMINISTRATION ADMINISTRATIVE REORGANIZATIONS;

REQUIRED STAFFING LEVEL AUTHORITIES

SEC. 601. (a)(1) Section 210(b) is amended— (A) by inserting "(1)" after "(b)"; and (B) by adding at the end the following new paragraph: "(2)(A) The Administrator may not in any fiscal year implement an administrative reorgemization described in subparagraph (B) of this paragraph unless the Administrator first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorganization. Any such report shall be submitted not later than the day on which the President, pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), submits to the Congress the Budget for the fiscal year in which the administrative reorganization is to be implemented. No action to carry out such reorganization may be taken after the submission of such report until the first day of such fiscal year. "(B) Subparagraph (A) of this paragraph applies only to an administrative reorganization within the Veterans' Administration that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at a covered office or facility— "(i) by 10 percent or more, or "(ii) by a percent which, when added to the percent reduction under this subsection in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal year, is 15 percent or more. "(C) For the purposes of this paragraph— "(i) The term 'administrative reorganization' means a consolidation, elimination, abolition, or redistribution of functions under the authority granted the Administrator under the second sentence of paragraph (1) of this subsection. "(ii) The term 'covered office or facility' means a Veterans' Administration office or facility that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic". (2) Paragraph (2) of section 210(b) of title 38, United States Code, as added by paragraph (1), does not apply to an administrative reorganization (as defined in such paragraph (2)) that is fully accomplished before the date of the enactment of this Act. (b) Section 5010(a) is amended— (1) in paragraph (4)— (A) by inserting "for any fiscal year (or any part of a fiscal year)" in subparagraph (A) after "for the Veterans' Administration"; and (B) by inserting "(or part of a fiscal year)" after "fiscal year" the first place it appears in subparagraph (B) and both places it appears in subparagraph (D); and (2) by adding at the end the following new paragraph:

38 USC 210. Report to congressional committees.

"Administrative reorganization.''

"Covered office or facility."

38 USC 210 note.

38 USC 5010.

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Page:United States Statutes at Large Volume 95.djvu/1060

 95 STAT. 1034

PUBLIC LAW 97-66—OCT. 17, 1981

"(5) Notwithstanding any other provision of this title or of any other law, funds appropriated for the Veterans' Administration under the appropriation accounts for medical care, medical and prosthetic research, and medical administration and miscellaneous operating expenses may not be used for, and no employee compensated from such funds may carry out any activity in connection with, the conduct of any study comparing the cost of the provision by private contractors with the cost of the provision by the Veterans' Administration of commercial or industrial products and services for the Department of Medicine and Surgeiy unless such funds have been specifically appropriated for that purpose.". CONTINUED PAYMENT OF PENSION TO CERTAIN HOSPITALIZED VETERANS UNDERGOING A PRESCRIBED PROGRAM OF REHABILITATION

38 USC 3203.

38 USC 601 et
 * ^9

SEC. 602. Paragraph (1) of section 3203(a) is amended— (1) by striking out "Where" in subparagraph (B) and inserting in lieu thereof "Except as provided in subparagraph (D) of this paragraph, where"; and (2) by adding at the end the following new subparagraph: "(D) In the case of a veteran being furnished hospital or nursing home care by the Veterans' Administration and with respect to whom subparagraph (B) of this paragraph requires a reduction in pension, such reduction shall not be made for a period of up to three additional calendar months after the last day of the third month referred to in such subparagraph if the Administrator determines that the primary purpose for the furnishing of such care during such additional period is for the Veterans' Administration to provide such veteran with a prescribed program of rehabilitation services, under chapter 17 of this title, designed to restore such veteran's ability to function within such veteran's family and community. If the Administrator determines that it is necessary, after such period, for the veteran to continue such program of rehabilitation services in order to achieve the purposes of such program and that the primary purpose of furnishing hospital or nursing home care to the veteran continues to be the provision of such program to the veteran, the reduction in pension required by subparagraph (B) of this paragraph shall not be made for the number of calendar months that the Administrator determines is necessary for the veteran to achieve the purposes of such program.". HEADSTONES, MARKERS, AND MEMORIAL AREAS

38 USC 906.

38 USC 1003.

SEC 603. (a) Subsection (b) of section 906 is amended to read as follows: "(b) The Administrator shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating any veteran— "(1) whose remains have not been recovered or identified, "(2) whose remains were buried at sea, whether by the veteran's own choice or otherwise, "(3) whose remains were donated to science, or "(4) whose remains were cremated and the ashes scattered without interment of any portion of the ashes, for placement by the applicant in a national cemetery area reserved for such purpose under the provisions of section 1003 of this title or in a State, local, or private cemetery.". Ob) Subsection (a) of section 1003 is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/1061

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1035

"(a) The Administrator shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces and veterans— "(1) who are missing in action; "(2) whose remains have not been recovered or identified; "(3) whose remains were buried at sea, whether by the member's or veteran's own choice or otherwise; "(4) whose remains were donated to science; or "(5) whose remains were cremated and the ashes scattered without interment of any portion of the ashes.". MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT FOR BENEFITS

SEC. 604. (a)(1) Chapter 53 is amended by inserting after section 3103 the following new section: "§ 3103A. Minimum active-duty service requirement 38 USC 3103A. "(a) Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Veterans' Administration that are based on the length of active duty served by a person who initially enters such service after September 7, 1980, shall be exclusively as prescribed in this title. "(b)(1) Except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of tms subsection who is discharged or released from a period of active duty before completing the shorter of— "(A) 24 months of continuous active duty, or "(B) the full period for which such person was called or ordered to active duty, is not eligible by reason of such period of active duty for any benefit under this title or any other law administered by the Veterans' Administration. "(2) Paragraph (1) of this subsection applies— "(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and "(B) to any other person who enters on active duty on or after the date of the enactment of the Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981 and ^"^^' P 1^26. has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10. "(3) Paragraph (1) of this subsection does not apply— "(A) to a person who is discharged or released from active duty under section 1171 or 1173 of title 10; "(B) to a person who is discharged or released from active duty for a disability incurred or aggravated in line of duty; "(C) to a person who has a disability that the Administrator has determined to be compensable under chapter 11 of this title; 38 USC 30i et "(D) to the provision of a benefit for or in connection with a ^^iservice-connected disability, condition, or death; or "(E) to benefits under chapter 19 of this title. 38 USC 70i et "(c)(l) Except as provided in paragraph (2) of this subsection, no *^^ dependent or survivor of a person as to whom subsection (b) of this section requires the denial of benefits shall, by reason of such person's period of active duty, be provided with any benefit under this title or any other law administered by the Veterans' Administration.

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Page:United States Statutes at Large Volume 95.djvu/1062

 95 STAT. 1036 38 USC 701 ef seq., 1801 et seq. "Benefit." 38 USC 1601 et seq.

PUBLIC LAW 97-66—OCT. 17, 1981

"(2) Paragraph (1) of this subsection does not apply to benefits under chapters 19 and 37 of this title. "(d) For the purposes of this section, the term 'benefit' includes a right or privilege, but does not include a refund of a participant's contributions to the educational benefits program provided by chapter 32 of this title.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3103 the following: "3103A. Minimum active-duty service requirement.".

38 USC 3103A note.

38 USC 1801 et seq.

(b) Section 3103A of title 38, United States Code, as added by subsection (a), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act. Notwithstanding such section, a person who before such date has received a certificate of eligibility from the Administrator of Veterans' Affairs for benefits under chapter 37 of title 38, United States Code, is eligible for such benefits after such date. DELIMITING

38 USC 1712.

38 USC 1712 note.

DATES FOR SURVIVING SPOUSES OF CERTAIN SERVICECONNECTED DISABLED VETERANS

SEC. 605. (a) Section 1712(b)(1) is amended— (1) by inserting "of the following" after "whichever"; (2) by striking out "the date" in clause (A) and inserting in lieu thereof "The date"; (3) by striking out the comma and "or" at the end of clause (A) and inserting in lieu thereof a period; and (4) by striking out clause (B) and inserting in lieu thereof the following: "(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence. "(C) The date on which the Administrator determines that the spouse from whom eligibility is derived died of a service-connected disability.", (b) Subsection (f) of section 2 of Public Law 90-631 (82 Stat. 1331) is amended to read as follows: "(f)(1) Except as provided in paragraph (2) of this subsection, in the case of any person who is an eligible person by reason of subparagraph (B) or (D) of section 1701(a)(1) of title 38, United States Code, if the date of death or the date of the determination of serviceconnected total disability permanent in nature of the person from whom eligibility is derived occurred before December 1, 1968, the 10-year delimiting period referred to in section 1712(b)(1) of such title shall run from such date. "(2) If the death of the person from whom such eligibility is derived occurred before December 1, 1968, and the date on which the Administrator of Veterans' Affairs determines that such person died of a service-connected disability is later than December 1, 1968, the delimiting period referred to in section 1712(b)(1) of such title shall run from the date on which the Administrator makes such determination.".

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Page:United States Statutes at Large Volume 95.djvu/1063

 PUBLIC LAW 97-66—OCT. 17, 1981

95 STAT. 1037

WAIVER OF PRO RATA REFUND REQUIREMENT IN THE CASE OF CERTAIN INSTITUTIONS

SEC. 606. Section 1776 is amended by adding at the end the following new subsection: "(d) The Administrator may waive, in whole or in part, the requirements of subsection (c)(13) of this section in the case of an educational institution which— "(1) is a college, university, or similar institution offering postsecondary level academic instruction that leads to an associate or higher degree, "(2) is operated by an agency of a State or of a unit of local government, "(3) is located within such State or, in the case of an institution operated by an agency of a unit of local government, within the boundaries of the area over which such unit has taxing jurisdiction, and "(4) is a candidate for accreditation by a regional accrediting association, if the Administrator determines, pursuant to regulations which the Administrator shall prescribe, that such requirements would work an undue administrative hardship because the total amount of tuition, fees, and other charges at such institution is nominal.".

38 USC 1776.

NAMING OF VETERANS ADMINISTRATION MEDICAL CENTERS

SEC. 607. (a) The Veterans' Administration Medical Center in Reno, Nevada, shall after the date of the enactment of this Act be known and designated as the "loannis A. Lougaris 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 loannis A. Lougaris Veterans' Administration Medical Center. (b) The Veterans' Administration Medical Center in Clarksburg, West Virginia, shall after the date of the enactment of this Act be known and designated as the "Louis A. Johnson 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 Louis A. Johnson Veterans' Administration Medical Center.

loannis A. Lougaris.

Louis A. Johnson.

TITLE Vn—EFFECTIVE DATES SEC. 701. (a) The amendments made by titles I, II, and m shall take effect as of October 1, 1981. (b)(1) Except as otherwise provided in this subsection, the amendments made by titles IV, V, and VI shall take effect on the date of the enactment of this Act. (2) The amendments made by section 401 shall take effect on December 1, 1981. (3) The Eunendments made by section 504 shall take effect as of October 17, 1980. (4) The amendments made by section 601(b)(l) shall take effect as of October 1, 1981. (5) The amendments made by section 602 shall take effect on the date of the enactment of this Act and shall apply with respect to veterans admitted to a Veterans' Administration hospital or nursing home on or after such date.

Ante, pp. 1026, 1028, 1030. 38 USC 314 note. Ante, pp. 1030, 1031, 1033.

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Page:United States Statutes at Large Volume 95.djvu/1064

 95 STAT. 1038

PUBLIC LAW 97-66—OCT. 17, 1981

(6) The amendments made by section 603 shall apply with respect to veterans dying before, on, or after the date of the enactment of this Act. Approved October 17, 1981.

LEGISLATIVE HISTORY—S. 917 (H.R. 3995): HOUSE REPORT No. 97-179 accompanying H.R. 3995 (Comm. on Veterans' Affairs). SENATE REPORT No. 97-153 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): July 24, considered and passed Senate. Sept. 21, H.R. 3995 considered and passed House; proceedings vacated and S. 917, amended, passed in lieu. Oct. 1, Senate concurred in House amendments with amendments. Oct. 2, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 43 (1981): Oct. 17, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1065

 PUBLIC LAW 97-67—OCT. 20, 1981

95 STAT. 1039

Public Law 97-67 97th Congress An Act To temporarily delay the October 1, 1981, increase in the price support level for milk and to extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1982.

Oct. 20, 1981 [H.R. 4612]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstand- Milk price ing the provisions of section 201(c) of the Agricultural Act of 1949, as ^PP°f* ^^^^^ amended, the price of milk shall be suppori;ed at the level of $13.10 maSting per hundredweight for milk containing 3.67 per centum butterfat for quota, the period beginning October 1, 1981, and ending November 15, 1981. SEC. 2. The last sentence of section 336 of the Agricultural Adjus^ '^ use 1446 note. ment Act of 1938 (7 U.S.C. 1336) is amended by striking out Ante, p. mo. "October 15, 1981" and inserting in lieu thereof November 15, 1981". Approved October 20, 1981.

LEGISLATIVE HISTORY—H.R. 4612: CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 1, considered and passed House. Oct. 16, 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1066

 95 STAT. 1040

PUBLIC LAW 97-68—OCT. 26, 1981

Public Law 97-68 97th Congress An Act Oct. 26, 1981 [S. 1191]

Fishermen's Protective Act of 1967, amendment.

33 USC 59s.

To extend for three additional years the provisions of the Fishermen's Protective Act of 1967 relating to the reimbursement of United States commercial fishermen for certain losses incurred incident to the seizure of their vessels by foreign nations; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is amended— (1) by adding immediately after the fourth sentence of subsection (c) the following new sentence: "Those fees not currently needed for payments under this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all revenues accruing from such deposits or investments shall be credited to such separate account.'; and (2) in subsection (e), by striking out "October 1, 1981" and inserting in lieu thereof "October 1, 1984". SEC. 2. (a)(1) The first section of the Act of June 29, 1935 (relating to certain seagoing vessels) (46 U.S.C. 367), as amended, is further amended by striking "January 1, 1983" and inserting in lieu thereof "January 1, 1988". (2) Section 10(c) of the Act of May 28, 1908 (relating to seagoing barges) (46 U.S.C. 395(c)) is amended by striking "January 1, 1982," and inserting in lieu thereof "January 1, 1988,". (3) The last sentence of section 4426 of the Revised Statutes of the United States (46 U.S.C. 404), as amended, is amended by striking "January 1, 1983" and inserting in lieu thereof "January 1, 1988". (b) For the purposes of section 9 of the Rivers and Harbors Appropriation Act of 1899, as amended (33 U.S.C. 401), the portion of the Green River in the State of Washington lying upstream from that State Highway 516 bridge which is in existence on the date of enactment of this Act is hereby declared to be not a navigable waterway. Approved October 26, 1981.

LEGISLATIVE HISTORY—S. 1191 (H.R. 3016): HOUSE REPORT No. 97-54 accompanying H.R. 3016 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-69 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): Aug. 3, considered and passed Senate. Sept. 21, H.R. 3016 considered and passed House; proceedings vacated and S. 1191, amended, passed in lieu. Sept. 30, Senate concurred in House amendments with amendments. Oct. 7, House agreed to Senate amendments.

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Page:United States Statutes at Large Volume 95.djvu/1067

 PUBLIC LAW 97-69—OCT. 26, 1981

95 STAT. 1041

Public Law 97-69 97th Congress

An Act To amend the provisions of title 39, United States Code, relating to the use of the frank, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3210(a)(3)(F) of title 39, United States Code, is amended to read as follows: "(F) mail matter expressing congratulations to a person who has achieved some public distinction;". SEC. 2. (a) Section 3210(a)(5) of title 39, United States Code, is amended— (1) by inserting the words "unless it is a brief reference in otherwise frankable mail" before the semicolon at the end of subparagraph (B)(i); (2) by inserting the word "or" after the semicolon at the end of subparagraph (B)(iii); (3) by striking out the semicolon and the word "or" at the end of subparagraph (C) and substituting a period; and (4) by striking out subparagraph (D). (b) Section 3210(a) of title 39, United States Code, is amended by adding the following new paragraph: "(6)(A) It is the intent of Congress that a Member of, or Memberelect to, Congress may not mail any mass mailing as franked mail— "(i) if the mass mailing is mailed fewer than 60 days immediately before the date of any primary election or general election (whether regular, specif, or runoff) in which the Member is a candidate for reelection; or "(ii) in the case of a Member of, or Member-elect to, the House who is a candidate for any other public office, if the mass mailing— "(I) is prepared for delivery within any portion of the jurisdiction of or the area covered by the public office which is outside the area constituting the congressional district from which the Member or Member-elect was elected; or "(II) is mailed fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member or Memberelect is a candidate for any other public office. "(B) Any mass mailing which is mailed by the chairman of any organization referred to in the last sentence of section 3215 of this title which relates to the normal and regular business of the organization may be mailed without regard to the provisions of this paragraph. "(C) No Member of the Senate may mail any mass mailing as framked mail if such mass mailing is mailed fewer than 60 days immediately before the date of any primanr election or general election (whether regular, special, or runoff) ror any national. State or local office in which such Member is a candidate for election.

Oct. 26, 1981 [S. 1224] Congressional franked mail, amendment.

Mass mailing,

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Page:United States Statutes at Large Volume 95.djvu/1068

 95 STAT. 1042 Rules and regulations.

"Mass mailing.'

Rules and regulations.

Samples.

Effective date. 39 USC 3210 note.

PUBLIC LAW 97-69—OCT. 26, 1981

"(D) The Select Committee on Ethics of the Senate and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations, and shall take other action as the Committee or the Commission considers necessary and proper for Members and Members-elect to comply with the provisions of this paragraph and applicable rules and reflations. The rules and regulations shall include provisions prescribing the time within which mailings shall be mailed at or delivered to any postal facility and the time when the mailings shall be deemed to have been mailed or delivered to comply with the provisions of this paragraph. "(E) For purposes of this section, the term 'mass mailing* means newsletters and similar mailings of more than five hundred pieces in which the content of the matter mailed is substantially identical but shall not apply to mailings— "(i) which are in direct response to communications from persons to whom the matter is mailed; "(ii) to colleagues in the Congress or to government officials (whether Federal, State, or local); or "(iii) of news releases to the communications media.". SEC. 3. (a) Section 3210(d) of title 39, United States Code, is amended by(1) striking "the House" and substituting "Congress" in paragraph (1); (2) inserting "or State" after "district" in subparagraph (A) of paragraph (1); (3) inserting "with respect to a Member of the House of Representatives" after "(B)" in subparagraph (B) of paragraph (1); (4) striking "House of Representatives" and substituting "Congress" in paragraph (2); (5) inserting "or the State" after "district" in paragraph (2); (6) redesignating paragraph (4) and paragraph (5) as paragraph (7) and paragraph (8), respectively; and (7) inserting after paragraph (3) the following new paragraphs: "(4) Any franked maU which is mailed under this subsection shall be mailed at the equivalent rate of postage which assures that the mail will be sent by the most economical means practicable. "(5) The Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations governing any franked mail which is mailed under this subsection and shall by regulation limit the number of such mailings allowed under th& subsection. "(6)(A) Any Member of, or Member-elect to, the House of Representatives entitled to make any mailing as franked mail under this subsection shall, before making any mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether the proposed mailing is in compliance with the provisions of this subsection. "(B) The Senate Select Committee on Ethics may require any Member of, or Member-elect to, the Senate entitled to make any mailings as franked mail under this subsection to submit a sample or description of the mail matter to the Committee for an advisory opinion as to whether the proposed mailing is in compliance with the provisions of this subsection.". 0>) This section shall become effective 120 days after the date of enactment of this Act.

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Page:United States Statutes at Large Volume 95.djvu/1069

 PUBLIC LAW 97-69—OCT. 26, 1981

95 STAT. 1043

SEC. 4. (a) Section 3210(e) of title 39, United States Code, is amended by striking out the last sentence. (b) Section 3210 of title 39, United States Code, is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following new subsection: "(f) Any mass mailing which otherwise would be permitted to be Restrictions. mailed as franked mail under this section shall not be so mailed unless the cost of preparing and printing the mail matter is paid exclusively from funds appropriated by Congress, except that an otherwise frankable mass mailing may contain, as an enclosure or supplement, any public service material which is purely instructional or informational in nature, and which in content is frankable under this section.". SEC. 5. (a) Section 3211 of title 39, United States Code, is amended by striking out "until the first day of April" and substituting "during the 90-day period immediately". (b) Section 3213(2) of title 39, United States Code, is amended by striking out "until the thirtieth day of June" and substituting "during the 90-day period immediately. SEC. 6. (a) Section 3216(a)(1)(B) of title 39, United States Code, is amended by striking out "surviving spouse" and substituting "survivors". (b) Section 3218 of title 39, United States Code, is amended by inserting after "such Member" the following: "(or, if there is no surviving spouse, a member of the immediate family of the Member designated by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, in accordance with rules and procedures established by the Secretary or the Clerk)". (c)(1) The heading for section 3218 of title 39, United States Code, is amended by striking out "surviving spouses" and substituting "survivors". (2) The table of sections for chapter 32 of title 39, United States Code, is amended by striking out the item relating to section 3218 and substituting the following new item: "3218. Franked mail for survivors of Members of Congress.".

SEC. 7. (a)(1) Section 5(d) of the Act entitled "An Act to amend title 39, United States Code, to clarify the proper use of the franking privilege by Members of Congress, and for other purposes", approved December 18, 1973 (Public Law 93-191; 87 Stat. 742), is amended by 2 USC 50i. striking out "and" the second place it appears therein, and by inserting after "United States Code," the following: "and in connection with any other Federal law (other than any law which imposes any criminal penalty) or any rule of the House of Representatives relating to franked mail,". (2) The first sentence of section 5(e) of such Act is amended by inserting after "of this section" the following: "(or any other Federal law which does not include any criminal penalty or any rule of the House of Representatives relating to franked mail)". (b) Section 5(d) of such Act is amended— (1) by inserting "any former Member of the House or former Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect, any" after "Delegateelect,"; (2) by inserting "(or any individual designated by the Clerk of the House under section 3218 of title 39, United States Code)" after "any of the foregoing"; (3) by inserting "any before "other House official"; and

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Page:United States Statutes at Large Volume 95.djvu/1070

 95 STAT. 1044

Violations. 2 u s '^501 "" e "'

PUBLIC LAW 97-69—OCT. 26, 1981

(4) by insertiag "or former House official" after "House official^ (c) Section 5(e) of such Act is amended by inserting after the eighth sentence thereof the following new sentence: "In the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39, United States Code), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action.". Approved October 26, 1981.

LEGISLATIVE HISTORY—S. 1224: SENATE REPORT No. 97-155 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): July 20, considered and passed Senate. Oct. 13, considered and passed House.

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Page:Theodore Roosevelt Rough Riders.djvu/202

WO or three days after the surrender the cavalry division was marched back to the foothills west of El Caney, and there went into camp, together with the artillery. It was a most beautiful spot beside a stream of clear water, but it was not healthy. In fact no ground in the neighborhood was healthy. For the tropics the climate was not bad, and I have no question but that a man who was able to take good care of himself could live there all the year round with comparative impunity; but the case was entirely different with an army which was obliged to suffer great exposure, and to live under conditions which almost ensured being attacked by the severe malarial fever of the country. My own men were already suffering badly from fever, and they got worse rather than better in the new camp. The same was true of the other regiments in the cavalry division. A curious feature was that the colored troops seemed to suffer as heavily as the white. From week to week there were slight relative changes, but on the average all the six cavalry regiments, the Rough Riders, the white regulars, (194)


text:
Page:United States Statutes at Large Volume 95.djvu/1071

 PUBLIC LAW 97-70—OCT. 26, 1981

95 STAT. 1045

Public Law 97-70 97th Congress

An Act To make a technical amendment to the International Investment Survey Act of 1976.

Oct. 26, 1981 [S. 1687]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4(b) ofInternational the International Investment Survey Act of 1976 (22 U.S.C. 3103(b)) is Investment of Survey Act amended by striking the word "calendar" each time it appears 1976, therein. amendment. Ante, p. 170. Approved October 26, 1981.

LEGISLATIVE HISTORY—S. 1687: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 30, considered and passed Senate. Oct. 14, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1072

 95 STAT. 1046

PUBLIC LAW 97-71—OCT. 26, 1981

Public Law 97-71 97th Congress Joint Resolution Oct. 26, 1981 [H.J. Res. 268]

Hungarian Freedom Fighters Day. Designation authorization.

To designate October 23, 1981, as "Hungarian Freedom Fighters Day".

Whereas on October 23, 1956, Hungarian freedom fighters attempted to establish a coalition government and to end Soviet political and economic domination in Hungary; and Whereas on October 23, 1956, the Hungarian freedom fighters and other participants in the Hungarian revolution attempted to free the Hungarian people from the oppression of the Soviet police state; and Whereas the Congress supports the efforts of all freedom-loving peoples to protect their individual human rights and other rights of self-determination: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating October 23, 1981, as "Hungarian Freedom Fighters Day", and calling upon the people of the United States to reaffirm our belief in the eventual victory of the freedom-loving human spirit over oppression. Approved October 26, 1981.

LEGISLATIVE HISTORY—H.J. Res. 268: CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 14, considered and passed House. Oct. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1073

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1047

Public Law 97-72 97th Congress An Act To amend title 38, United States Code, to extend the period for Vietnam-era veterans to request counseling under the veterans' readjustment counseling program, to provide medical care eligibility for veterans exposed to herbicides or defoliants (including Agent Orange), or to nuclear radiation, to establish a minimum total number of operating beds in Veterans' Administration hospital and nursing home facilities, to extend for certain Vietnam-era veterans the period of time in which GI Bill educational assistance benefits may be used for the pursuit of certain training, to provide a small business loan program for Vietnam era and disabled veterans, and to extend the authority for veterans readjustment appointments in the civil service; 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; AMENDMENTS TO TITLE 3 8, UNITED STATES CODE

1. (a) This Act may be cited as the "Veterans' Health Care, Training, and Small Business Loan Act of 1981". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I—HEALTH CARE SECTION

Nov. 3, 1981 [H.R. 3499]

Veterans' Health Care, Training, and Small Business Loan Act of 1981. 38 USC 101 note.

EXTENSION OF AUTHORITY TO PROVIDE CERTAIN CONTRACT HOSPITAL CARE AND MEDICAL SERVICES IN PUERTO RICO, THE VIRGIN ISLANDS, AND OTHER TERRITORIES

SEC. 101. Section 601(4)(C)(v) is amended by striking out "December 31, 1981" and inserting in lieu thereof "September 30, 1982".

38 USC 601.

MEDICAL CARE FOR DISABILITIES THAT MAY BE RELATED TO EXPOSURE TO AGENT ORANGE, CERTAIN OTHER HAZARDOUS SUBSTANCES, OR NUCLEAR RADIATION

SEC. 102. (a) Section 610 is amended— (1) in subsection (a)— (A) by striking out "and" at the end of clause (4); (B) by redesignating clause (5) as clause (6); and (C) by inserting after clause (4) the following new clause (5): "(5) a veteran who meets the conditions of subsection (e) of this section; and"; and (2) by adding at the end the following new subsection: "(e)(1)(A) Subject to paragraphs (2) and (3) of this subsection, a veteran— "(i) who served on active duty in the Republic of Vietnam during the Vietnam era, and

-194 O—82

68:QL3

38 USC 610.

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Page:United States Statutes at Large Volume 95.djvu/1074

 95 STAT. 1048

PUBLIC LAW 97-72—NOV. 3, 1981

"(ii) who the Administrator finds may have been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used in connection with military purposes during such era, may be furnished hospital care or nursing home care under subsection (a)(5) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure. "(B) Subject to paragraphs (2) and (3) of this subsection, a veteran who the Administrator finds was exposed while serving on active duty to ionizing radiation from the detonation of a nuclear device in connection with such veteran's participation in the test of such a device or with the American occupation of Hiroshima and Nagasaki, Japan, during the period beginning on September 11, 1945, and ending on July 1, 1946, may be furnished hospital care or nursing home care under subsection (a)(5) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure. "(2) Hospital and nursing home care may not be provided under subsection (a)(5) of this section with respect to a disability that is found, in accordance with guidelines issued by the Chief Medical Director, to have resulted from a cause other than an exposure described in subparagraph (A) or (B) of paragraph (1) of this subsection. "(3) Hospital and nursing home care and medical services may not be provided under or by virtue of subsection (a)(5) of this section after the end of the one-year period beginning on the date the Administrator submits to the appropriate committees of Congress the first report required by section 307(b)(2) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96-151; 93 Stat. 38 USC 219 note.

38 USC 612. Ante, p. 1047.

1098).".

(b) Clause (4) of section 612(i) is amended to read as follows: "(4) To any veteran (A) who is a former prisoner of war, or (B) who is eligible for care under section 610(a)(5) of this title.". OUTPATIENT DENTAL CARE

SEC. 103. (a) Subsection (b) of section 612 is amended— (1) by inserting "(1)" after "(b)"; (2) by redesignating clause (1) as clause (A); (3) by striking out clause (2) and inserting in lieu thereof the following: "(B) which is service-connected, but not compensable in degree, but only if— "(i) the dental condition or disability is shown to have been in existence at time of discharge or release from active military, naval, or air service; "(ii) the veteran had served on active duty for a period of not less than one hundred and eighty days immediately before such discharge or release; "(iii) application for treatment is made within ninety days after such discharge or release, except that (I) in the case of a veteran who reentered active military, naval, or air service within ninety days after the date of such veteran's prior discharge or release from such service, application may be made within ninety days from the date of such veteran's subsequent discharge or release from such service, and (II) if a disqualifying discharge or release has been corrected by

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Page:United States Statutes at Large Volume 95.djvu/1075

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1049

competent authority, application may be made within ninety days after the date of correction; and "(iv) the veteran's certificate of discharge or release from active duty does not bear a certification that the veteran was provided, within the ninety-day period immediately before the date of such discharge or release, a complete dental examination (including dental X-rays) and all appropriate dental services and treatment indicated by. the examination to be needed;"; (4) by redesignating clauses (3), (4), (5), (6), (7), and (8) as clauses (C), (D), (E), (F), (G), and (H), respectively; (5) by designating the second sentence of such subsection as Ante, p. 781. paragraph (2) and by striking out "clause (2)" in such sentence and inserting in lieu thereof "clause (B) of paragraph (1)"; (6) by designating the third sentence of such subsection as paragraph (3); (7) by designating the fourth sentence of such subsection and all that follows in such subsection as paragraph (4); and (8) by striking out "pursuant to this subsection" in the last sentence and inserting in lieu thereof "pursuant to this (b)(1) Section '612(c) is amended by striking out "clause (2)" and 38 USC 612. inserting in lieu thereof "paragraph (1)(B)". (2) The last sentence of section 612(f) is amended by striking out "subsection (b)(7)" and inserting in lieu thereof "clause (G) of subsection (b)(1)". (c)(1) Section 612(b)(l)(B)(iii)(I) of title 38, United States Code, shall 38 USC 612 note. apply only to veterans discharged or released from active military, naval, or air service after August 12, 1981. (2) A veteran who before August 13, 1981— (A) was discharged or released from active military, naval, or air service, (B) reentered such service within one year after the date of such discharge or release, and (C) was discharged or released from such subsequent service, may be provided dental services and treatment in the same manner as provided for in section 612(b) of title 38, United States Code, if the veteran is otherwise eligible for such services and treatment and if application for such services and treatment is or was made within one year from the date of such subsequent discharge or release. EXTENSION OF PERIOD FOR VIETNAM-ERA VETERANS TO REQUEST READJUSTMENT COUNSELING

SEC. 104. (a)(1) Section 612A(a) is amended by striking out "or two 38 USC 612A. years after the effective date of this section" and inserting in lieu thereof "or by September 30, 1984". (2) The amendment made by paragraph (1) shall take effect as of Effective date. 38 USC 612A October 1, 1981. (b) Section 612A is further amended by adding at the end the note. following new subsection: "(g)(1) During the twelve-month period ending on September 30, 1984, the Administrator shall take appropriate steps to ensure— "(A) the orderly transition, by October 1, 1984, of that part of the program established under this section for the provision of readjustment counseling services by Veterans' Administration personnel from a program providing such services primarily through centers located in facilities situated apart from the

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Page:United States Statutes at Large Volume 95.djvu/1076

 95 STAT. 1050

Report to congressional committees.

PUBLIC LAW 97-72—NOV. 3, 1981

health-care facilities operated by the Veterans' Administration for the provision of other health-care services under other provisions of this chapter to a program providing readjustment counseling services primarily through such health-care facilities; and "(B) the continued availability after such date of readjustment counseling and related mental health services under this section to veterans eligible for the provision of such counseling and services who requested such counseling before such date. "(2) Not later than April 1, 1984, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the plans made and actions taken to carry out this subsection.". MEDICAL CARE FOR SURVIVORS AND DEPENDENTS OF CERTAIN VETERANS

38 USC 613.

SEC. 105. The second sentence of section 613(b) is amended by striking out "particularly" and "most effective". RECOVERY OF THE COST OF CERTAIN HEALTH CARE PROVIDED BY THE V E T E R A N S ' ADMINISTRATION

38 USC 629.

Recovery amount.

SEC. 106. (a)(1) Subchapter III of chapter 17 is amended by adding at the end the following new section: "§ 629. Recovery by the United States of the cost of certain care and services "(a) In any case in which a veteran is furnished care and services under this chapter for a non-service-connected disability that was incurred— "(1) incident to the veteran's employment and the disability is covered under a workers' compensation law or plan that provides reimbursement for or indemnification of the cost of health care and services provided to the veteran by reason of the disability, "(2) as the result of a motor vehicle accident to which applies a State law that requires the owners or operators of motor vehicles registered in that State to have in force automobile accident reparations insurance, or "(3) as the result of a crime of personal violence that occurred in a State, or a political subdivision of a State, in which a person injured as the result of such a crime is entitled to receive health care and services at such State's or subdivision's expense for personal injuries suffered as the result of such crime, the United States has the right to recover the reasonable costs of such care and services from the State, or political subdivision of a State, employer, employer's insurance carrier, or automobile accident reparations insurance carrier, as appropriate, to the extent that the veteran, or the provider of care and services to the veteran, would be eligible to receive reimbursement or indemnification for such care and services if the care and services had not been furnished by a department or agency of the United States. "(b) The amount that may be recovered by the United States under subsection (a) of this section may not exceed the lesser of (1) an amount equal to the reasonable cost of the care and services furnished the veteran under this chapter, as determined by the Administrator, or (2) the maximum amount specified by the law of the State or political subdivision concerned or by any relevant contractual

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Page:United States Statutes at Large Volume 95.djvu/1077

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1051

provision to which the veteran was a party or was subject. The Regulations. Administrator shall prescribe regulations for the determination of the reasonable cost of care and services under clause (1) of the preceding sentence, and any determination of such reasonable value by the Administrator under such clause shall be made in accordance with such regulations. Regulations under the preceding sentence shall be prescribed only after notice and opportunity for public comment. "(c)(1) The United States shall, as to the right provided in subsec- Claims. tion (a) of this section, be subrogated to any right or claim that the veteran or the veteran's personal representative, successor, dependents, or survivors may have against a State or political subdivision of a State, an employer, an employer's insurance carrier, or an automobile accident reparations insurance carrier. "(2)(A) In order to enforce any right or claim to which it is subrogated under paragraph (1) of this subsection, the United States may intervene or join in any action or proceeding brought by the veteran or the veteran's personal representative, successor, dependents, or survivors against a State or political subdivision of a State, an employer, an employer's insurance carrier, or an automobile accident reparations insurance carrier. "(B) If— "(i) no such action or proceeding has been commenced within one hundred and eighty days after the first day on which care and services for which recovery is sought were furnished to the veteran by the Veterans' Administration under this chapter, and "(ii) the United States has sent written notice by certified mail to the veteran at the veteran's last-known address (or to the veteran's personal representative or successor) of the intention of the United States to institute legal proceedings, the United States may, sixty days after the mailing of such notice, institute and prosecute legal proceedings against the State, political subdivision, employer, employer's insurance carrier, or automobile accident reparations insurance carrier. "(d) A veteran eligible for care and services under this chapter may Service denial. not be denied such care and services by reason of this section. "(e) No law of any State or of any political subdivision of a State, and no provision of any contract or agreement entered into, renewed, or modified under any State law, shall operate to prevent recovery by the United States (1) under subsection (a) of this section for care and services furnished under this chapter to any veteran for a nonservice-connected disability, or (2) under section 611(b) of this title for care and services furnished under such section to an individual as a humanitarian service in an emergency case.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 628 the following new item: "629. Recovery by the United States of the cost of certain care and services.".

(b) Section 629 of title 38, United States Code, as added by subsection (a), shall apply with respect to care and services furnished under chapter 17 of title 38, United States Code, on or after the date of the enactment of this Act.

Effective date. 38 USC 629 note.

MEDICAL CARE FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES

SEC. 107. (a) Section 624(d) is amended by striking out "and at the 38 USC 624. same rate as specified in section 632(a)(4) of this title".

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Page:United States Statutes at Large Volume 95.djvu/1078

 95 STAT. 1052 38 USC 631. 38 USC 632.

Appropriation authorization.

Stop payments.

PUBLIC LAW 97-72—NOV. 3, 1981

(b) Section 631 is amended by inserting "in fulfilling its responsibility" after "the Republic of the Philippines". (c)(1) Section 632 is amended to read as follows: "§ 632. Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center "(a) The President, with the concurrence of the Republic of the Philippines, may authorize the Administrator to enter into contracts with the Veterans Memorial Medical Center, with the approval of the appropriate department of the Government of the Republic of the Philippines, covering the period beginning on October 1, 1981, and ending on September 30, 1986, under which the United States— "(1) will provide for payments for hospital care and medical services (including nursing home care) in the Veterans Memorial Medical Center, as authorized by section 624 of this title and on the terms and conditions set forth in such section, to eligible United States veterans at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; and "(2) may provide that payments for such hospital care and medical services provided to eligible United States veterans may consist in whole or in part of available medicines, medical supplies, and equipment furnished by the Administrator to the Veterans Memorial Medical Center at valuations therefor as determined by the Administrator, who may furnish such medicines, medical supplies, and equipment through the revolving supply fund pursuant to section 5021 of this title. "(b)(1) To further assure the effective care and treatment of United States veterans in the Veterans Memorial Medical Center, there is authorized to be appropriated for each fiscal year during the period beginning on October 1, 1981, and ending on September 30, 1986, the sum of $500,000 to be used by the Administrator for making grants to the Veterans Memorial Medical Center for the purpose of assisting the Republic of the Philippines in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of such center. "(2) Grants under this subsection shall be made on such terms and conditions as prescribed by the Administrator. Such terms and conditions may include a requirement of prior approval by the Administrator of the uses of the funds provided by such grants. "(3) Funds for such grants may be provided only from appropriations made to the Veterans' Administration for the specific purpose of making such grants. "(c) The Administrator may stop payments under a contract or grant under this section upon reasonable notice as stipulated by the contract or grant if the Republic of the Philippines and the Veterans Memorial Medical Center do not maintain the medical center in a well-equipped and effective operating condition as determined by the Administrator. "(d)(1) The authority of the Administrator to enter into contracts and to make grants under this section is effective for any fiscal year only to the extent that appropriations are available for that purpose. "(2) Appropriations made for the purpose of this section shall remain available until expended.". (2) The item relating to such section in the table of sections at the beginning of chapter 17 is amended to read as follows: "632. Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center.".

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Page:United States Statutes at Large Volume 95.djvu/1079

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1053

(d)(1) The heading of subchapter IV of chapter 17 is amended to read as follows: "Subchapter IV—Hospital Care and Medical Treatment for Veterans in the Republic of the Philippines". (2) The item relating to such subchapter in the table of sections at the beginning of such chapter is amended to read as follows: "SUBCHAPTER IV—HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES". MINIMUM NUMBER OF HOSPITAL AND NURSING HOME BEDS IN MEDICAL FACIIJTIES OF THE VETERANS* ADMINISTRATION

SEC. 108. (a)(1) Paragraph (1) of section 5010(a) is amended by striking out the first sentence and inserting in lieu thereof the following: "The Administrator shall establish the total number of hospital beds and nursing home beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans at not more than one hundred and twenty-five thousand and not less than one hundred thousand. The Administrator shall establish the total number of such beds so as to maintain a contingency capacity to assist the Department of Defense in time of war or national emergency to care for the casualties of such war or national emergency. Of the number of beds authorized pursuant to the preceding sentence, the Administrator shall operate and maintain a total of not less than ninety thousand hospital beds and nursing home beds and shall maintain the availability of such additional beds and facilities in addition to the operating bed level as the Administrator considers necessary for such contingency purposes. The President shall include in the Budget transmitted to the Congress for each fiscal year pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), an amount for medical care and amounts for construction sufficient to enable the Veterans' Administration to operate and maintain a total of not less than ninety thousand hospital and nursing home beds in accordance with this paragraph and to maintain the availability of the contingency capacity referred to in the second sentence of this paragraph.. (2) Paragraph (3) of such section is amended to read as follows: "(3)(A) The Chief Medical Director shall at the end of each fiscal year (i) analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care, medical services, and nursing home care, but are rejected or not immediately admitted or provided such care or services, and (ii) review and make recommendations regarding the adequacy of the established operating bed levels, the geographic distribution of operating beds, the demographic characteristics of the veteran population and the associated need for medical care and nursing home facilities and services in each State, and the proportion of the total number of operating beds that are hospital beds and that are nursing home beds. "(B) After considering the analyses and recommendations of the Chief Medical Director pursuant to subparagraph (A) of this paragraph for any fiscal year, the Administrator shall report to the committees, on or before December 1 after the close of such fiscal year, on the results of the analysis of the Chief Medical Director and

38 USC 5010.

Presidential transmittal to Congress.

Admission policy, analysis and recommendation.

Report to congressional committees.

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Page:United States Statutes at Large Volume 95.djvu/1080

 95 STAT. 1054

38 USC 5010.

PUBLIC LAW 97-72—NOV. 3, 1981

on the numbers of operating beds and level of treatment capacities required to enable the Veterans' Administration to carry out the primary function of the Department of Medicine and Surgery. The Administrator shall include in each such report recommendations for (i) the numbers of operating beds and the level of treatment capacities required for the health care of veterans and the maintenance of the contingency capacity referred to in paragraph (1) of this subsection, and (ii) the appropriate staffing and funds therefor.". (b) Section 5010 is further amended by striking out subsection (b) and redesignating subsection (c) as subsection O^)TITLE II—VOCATIONAL TRAINING AND GI BILL EDUCATIONAL ASSISTANCE PROGRAMS EXTENSION OF CERTAIN GI BILL ELIGIBILITY FOR EDUCATIONALLY DISADVANTAGED AND UNSKILLED OR UNEMPLOYED VIETNAM-ERA VETERANS

38 USC 1662.

Effective date. 38 USC 1662 note.

SEC. 201. (a) Section 1662(a) is amended by adding at the end the following new paragraph: "(3)(A) Subject to subparagraph (C) of this paragraph and notwithstanding the provisions of paragraph (1) of this subsection, an eligible veteran who served on active duty during the Vietnam era shall be permitted to use any of such veteran's unused entitlement under section 1661 of this title for the purpose of pursuing— "(i) a program of apprenticeship or other on-job training; "(ii) a course with an approved vocational objective; or "(iii) a program of secondary education, if the veteran does not have a secondary school diploma (or an equivalency certificate). "(B) Upon completion of a program or course pursued by virtue of eligibility provided by this paragraph, the Administrator shall provide the veteran with such employment counseling as may be necessary to assist the veteran in obtaining employment consistent with the veteran's abilities, aptitudes, and interests. "(C)(i) Educational assistance may be provided a veteran for pursuit of a program or course described in clause (i) or (ii) of subparagraph (A) of this paragraph using eligibility provided by this paragraph only if the veteran has been determined by the Administrator to be in need of such a program or course in order to achieve a suitable occupational or vocational objective. Any such determination shall be made in accordance with regulations which the Administrator shall prescribe. "(ii) Educational assistance provided a veteran for pursuit of a program described in clause (iii) of subparagraph (A) of this paragraph using eligibility provided by this paragraph shall be provided at the rate determined under section 1691(b)(2) of this title. "(D) Educational assistance may not be provided by virtue of this paragraph after December 31, 1983.". (b) The amendment made by subsection (a) shall take effect on January 1, 1982. EXTENSION OF VETERANS' READJUSTMENT APPOINTMENT AUTHORITY. FOR CIVIL SERVICE APPOINTMENTS

38 USC 2014. Effective date. 38 USC 2014 note.

SEC. 202. (a) Section 2014(b)(2) is amended by striking out "1981" and inserting in lieu thereof "1984". (b) The amendment made by subsection (a) shall take effect as of October 1, 1981.

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Page:United States Statutes at Large Volume 95.djvu/1081

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1055

TITLE n i - S M A L L BUSINESS LOANS SHORT TITLE

SEC. 301. This title may be cited as the "Veterans' Small Business Loan Act of 1981".

Veterans' Small Business Loan Act of 1981.

38 USC loi note.

DISABLED V E T E R A N S ' AND VIETNAM-ERA VETERANS* SMALL BUSINESS LOAN PROGRAM

SEC. 302. (a) Chapter 37 is amended by adding at the end thereof the following new subchapter: "Subchapter IV—Small Business Loans "§ 1841. Definitions 38 USC i84i "For the purposes of this subchapter— "(1) The term 'disabled veteran' means (A) a veteran who is entitled to compensation under laws administered by the Veterans' Administration for a disability rated at 30 per centum or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. "(2) The term 'veteran of the Vietnam era' means a person (A) who served on active duty for a period of more than one hundred and eighty days, any part of which occurred during the Vietnam era, and who was discharged or released therefrom with other than a dishonorable discharge, or (B) who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era. "§ 1842. Small business loan program 38 USC 1842. "(a)(1) Subject to subsection (b) of this section, the Administrator may provide financial assistance to veterans' small business concerns for the purpose of (A) financing plant construction, conversion, or expansion (including the acquisition of land), (B) financing the acquisition of equipment, facilities, machinery, supplies, or materials, or (C) supplying such concerns with working capital. "(2) Subject to paragraph (3)(A) of this subsection, financial assistance under this section may be provided in the form of (A) loan guaranties, or (B) direct loans. "(3) The Administrator shall specify in regulations the criteria to be met for a business concern to qualify as a veterans' small business concern for the purposes of this subchapter. Such regulations shall Requirements. include requirements— "(A) that at least 51 per centum of a business concern must be owned by individuals who are veterans of the Vietnam era or disabled veterans in order for such concern to qualify for a loan guaranty and that at least 51 per centum of a business concern must be owned by disabled veterans in order for such concern to qualify for a direct loan; and "(B) that the management and daily business operations of the concern must be directed by one or more of the veterans whose ownership interest is part of the majority ownership for the purposes of meeting the requirement in clause (A) of this paragraph. "(b) The availability of financial assistance under subsection (a) of Limitations. this section is subject to the following limitations:

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