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Page:United States Statutes at Large Volume 99 Part 1.djvu/945

 PUBLIC LAW 99-160—NOV. 25, 1985 UNITED STATES ANTARCTIC PROGRAM ACTIVITIES

For necessary expenses in carrying out the research and operational support for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); maintenance and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; hire of passenger motor vehicles; not to exceed $1,000 for official reception and representation expenses; $115,100,000, to remain available until expended: Provided, That receipts for support services and materials provided to individuals for non-Federal activities may be credited to this appropriation: Provided further, That no funds in this account shall be used for the purchase of aircraft. SCIENCE EDUCATION ACTIVITIES

For necessary expenses in carrying out science education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, and rental of conference rooms in the District of Columbia, $55,550,000, to remain available until September 30, 1987: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $1,000,000, to remain available until September 30, 1987: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation for payments in the foregoing currencies. NEIGHBORHOOD REINVESTMENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), $17,669,000. SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by

99 STAT. 923

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Page:United States Statutes at Large Volume 99 Part 1.djvu/946

 99 STAT. 924

PUBLIC LAW 99-160—NOV. 25, 1985 law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $27,780,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be necessary in the interest of national defense: Provided further. That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. DEPARTMENT OF THE TREASURY PAYMENTS TO LOCAL GOVERNMENT FISCAL ASSISTANCE TRUST FUND

For payments to the Local Government Fiscal Assistance Trust Fund, $4,566,700,000: Provided, That, notwithstanding the provisions of 31 U.S.C. 6701-6724, payments to local governments from this appropriation shall not exceed $4,185,000,000 and this appropriation is hereby reduced by $381,700,000 through a reduction in the payment for the final quarter of the entitlement beginning October 1, 1985, and ending September 30, 1986. OFFICE OF REVENUE SHARING, SALARIES AND EXPENSES

For necessary expenses of the Office of Revenue Sharing, including hire of passenger motor vehicles, $7,800,000. VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial fiags, headstones and grave markers, emergency and other officers' retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as 50 USC app. 540. amended, $14,160,800,000, to remain available until expended. READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or 38 USC 801 et on behalf of veterans as authorized by law (38 U.S.C. chapters 21,31, seq., 1500 et seq. 34-36, 39, 51, 53, 55, and 61), $826,000,000, to remain available until 38 USC 1651 et expended. seq., 1700 et seq., 1770 et seq., 1901 etseq.,ZOQlet

VETERANS INSURANCE AND INDEMNITIES

seq., 3101 et seq.. For military and naval insurance, national service life insurance, 3201 efseg., 3501 servicemen's indemnities, and service-disabled veterans insurance, 38 u l e 701 et as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), seq. $9,750,000, to remain available untU expended. MEDICAL CARE

For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and

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Page:United States Statutes at Large Volume 99 Part 1.djvu/947

 PUBLIC LAW 99-160—NOV. 25, 1985 treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to State homes as authorized by law (38 U.S.C. 641); and not to exceed $2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 5010(a)(5); $9,255,694,000, plus reimbursements. MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until September 30, 1987, $191,370,000, plus reimbursements. MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, $57,119,000, plus reimbursements. GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law; purchase of ten passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail; $760,060,000: Provided, That in the Veterans Administration not to exceed 53 full-time equivalent employment shall be available for the Office of Planning and Program Evaluation. CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $2,000,000 or more or where funds for a project were made available in a previous major project appropriation, $507,360,000, to remain available until expended: Provided, That, except for advance planning of projects funded through the advance planning fund and the design of projects funded through the Design Fund, none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process: Provided further. That funds provided in the appropriation "Construction, major projects" for fiscal year 1986, for each approved project shall

99 STAT. 925

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Page:United States Statutes at Large Volume 99 Part 1.djvu/948

 99 STAT. 926

2 USC 686.

97 Stat. 219. 98 Stat. 1213.

PUBLIC LAW 99-160—NOV. 25, 1985 be obligated (1) by the awarding of a working drawings contract by September 30, 1986 and (2) by the awarding of a construction contract by September 30, 1987: Provided further, That the Administrator shall promptly report in writing to the Comptroller General and to the Committees on Appropriations any approved major construction project in which obligations are not incurred within the time limitations established above; and the Comptroller General shall review the report in accordance with the procedures established by section 1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-344): Provided further, That no funds from any other account may be obligated for constructing, altering, extending, or improving a project which was approved in the budget process and funded in this account until one year after substantial completion and beneficial occupancy by the Veterans Administration of the project or any part thereof with respect to that part only: Provided further, That the final proviso under this heading in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984 (Public Law 98-45) and the p e n u l t i m a t e proviso under this heading in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1985 (Public Law 98-371) a r e hereby repealed: Provided further. That prior to the issuance of a bidding d o c u m e n t for any construction contract for a project approved under this heading (excluding completion items), the director of the affected Veterans Administration medical facility m u s t certify that the design of such project is acceptable from a p a t i e n t care standpoint. CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, where the estimated cost of a project is less than $2,000,000, $144,400,000, to remain available until expended, along with unobligated balances of previous Construction, minor projects appropriations which are hereby made available for any project where the estimated cost is less than $2,000,000: Provided, That not more than $36,313,000 shall be available for expenses of the Office of Construction: Provided further, That funds in this account shall be available for (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Veterans Administration which are necessary because of loss or damage caused by any natural disaster or catastrophe and (2) temporary measures necessary to prevent or to minimize further loss by such causes. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist the several States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 5031-5037), $22,000,000 to remain available until September 30, 1988.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/949

 PUBLIC LAW 99-160—NOV. 25, 1985

99 STAT. 927

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding or improving State veterans cemeteries as authorized by law (38 U.S.C. 1008), $3,000,000, to remain available until September 30, 1988. GRANTS TO THE REPUBLIC OF THE PHIUPPINES

For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 632), for assisting in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Medical Center, $500,000, to remain available until September 30, 1987. DIRECT LOAN REVOLVING FUND

During 1986, within the resources available, not to exceed $1,000,000 in gross obligations for direct loans is authorized for specially adapted housing loans (38 U.S.C. chapter 37).

38 USC 1801 et seq.

LOAN GUARANTY REVOLVING FUND (INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out Loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except 38 USC 1801 et administrative expenses, as authorized by section 1824 of such title), seq. $200,000,000, to remain available until expended. During 1986, the resources,of the Loan guaranty revolving fund shall be available for expenses for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title): Provided, That the unobligated balances, including retained earnings of the Direct loan revolving fund, shall be available, during 1986, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund, and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. During 1986, with the resources available, gross obligations for direct loans and total commitments to guarantee loans are authorized in such amounts as may be necessary to carry out the purposes of the "Loan guaranty revolving fund". ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS)

Not to exceed 5 per centum of any appropriation for 1986 for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for 1986 for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/950

 99 STAT. 928

PUBLIC LAW 99-160—NOV. 25, 1985 No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major projects" and "Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. One or more pilot programs shall be conducted to determine the effectiveness of utilizing private contractual services to assist in the administrative collection of various t5T)es of delinquent debts or other funds due the Government. TITLE III CORPORATIONS

31 USC 9104 note.

Corporations and agencies of the Department of Housing and Urban Development and the Federal Home Loan Bank Board which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Act as may be necessary in carrying out the programs set forth in the budget for 1986 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriation Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where lo£ms or mortgage purchases are necessary to protect the financial interest of the United States Government. FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD

12 USC 1428a note. 5 USC app.

Not to exceed a total of $26,877,000 shall be available for administrative expenses of the Federal Home Loan Bank Board for procurement of services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year, of which not to exceed $500,000 shall be available for purposes of training State examiners and not to exceed $1,500 shall be available for official reception and representation expenses: Provided, That members and alternates of the Federal Savings and Loan Advisory Council may be compensated subject to the provisions of section 7 of the Federal Advisory Committee Act,

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Page:United States Statutes at Large Volume 99 Part 1.djvu/951

 PUBLIC LAW 99-160—NOV. 25, 1985

99 STAT. 929

and shall be entitled to reimbursement from the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: Provided further. That notwithstanding any other provision of law, and in connection with the Board's delegation of certain functions to the Federal home loan banks, the Board may transfer title of related furniture, fixtures and equipment property of record as of the date of the delegation to the banks: Provided further. That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of 1932, as amended (12 U.S.C. 1421-1449). LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $1,440,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make pajnnente for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-1730f).

12 USC 17291730a.

TITLE IV GENERAL PROVISIONS SEC. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel erformed directly in connection with care and treatment of medical eneficiaries of the Veterans Administration; to travel performed in connection with major disasters or emergencies declared or determined by the President under the provisions of the Disaster Relief Act of 1974; to site-related travel performed in connection with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; to site-related travel under the Solid Waste Disposal

Transportation. Prohibition. Ante, pp. 909, 914.

P

42 USC 5121 note. 42 USC 9601 note.

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 99 STAT. 930 42 USC 3251 note.

Motor vehicles.

Banks and banking. 12 USC 1749a.

Government organization and employees.

Transportation.

Grants. Gontracts. Research and development.

Grants.

PUBLIC LAW 99-160—NOV. 25, 1985 Act, as amended; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further. That if appropriations in titles I and II exceed the amounts set forth in budget estimates initially submitted for such appropriations, the expenditures for travel may correspondingly exceed the amounts therefor set forth in the estimates in the same proportion. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof. Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). SEC. 404, No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC, 405, No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and (2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such audit. SEC, 406, None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitation. SEC, 407, None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals not specifically solicited by the government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 408, None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for pasonent of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent

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 PUBLIC LAW 99-160—NOV. 25, 1985

99 STAT. 931

of the maximum rate paid for GS-18, unless specifically authorized by law. SEC. 409. No part of any appropriation contained in this Act for personnel compensation and benefits shall be available for other object classifications set forth in the budget estimates submitted for the appropriations. SEC. 410. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, non-Federal parties intervening in r ^ u l a to r y or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056etseq.). SEC. 411. Except as otherwise provided under existing law or Contracts. under an existing Executive order issued pursuant to an existing Public law, the obligation or expenditure of any appropriation under this availability. Act for contracts for any consulting service shall be limited to contracts which are (1) a matter of public record and available for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within twenty-four months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. SEC. 412. Except as otherwise provided by law, no part of any Contracts. appropriation contained in this Act shall be obligated or expended Regulations. by any executive agency, as referred to in the Office of Federal Report. Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for services unless such executive agency (1) has awarded and entered into such contract in full compliance with such Act and the regulations promulgated thereunder and (2) requires any report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared by the agency which is substantially derived from or substantially includes any report prepared pursuant to such contract, to contain information concerning (A) the contract pursuant to which the report was prepared and (B) the contractor who prepared the report pursuant to such contract. SEC. 413. No part of any appropriation contained in this Act shall Regulations. be available to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. SEC. 414. Elxcept as otherwise provided in section 406, none of the Ante, p. 930. funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 415. None of the funds provided in this Act to any depart- Motor vehicles. ment or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gedlon average of less than 22 miles per gallon. SEC. 416. Notwithstanding any other provision of this Act, amounts otherwise provided by this Act for the following accounts and activities are reduced by the following amounts:

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 99 STAT. 932

PUBLIC LAW 99-160—NOV. 25, 1985 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS

12 USC 1715U.

"Congregate services", $29,700; "Housing counseling assistance", $38,500; "Federal housing administration fund (limitation on gross obligations for direct loans under section 230(a) of the National Housing Act, as amended)", $981,442; COMMUNITY PLANNING AND DEVELOPMENT

"Community development grants (limitation on total commitments to guarantee loans)", $2,475,000; "Urban homesteading", $132,000; FAIR HOUSING AND EQUAL OPPORTUNITY

"Fair housing assistance", $73,700; INDEPENDENT AGENCIES AMERICAN BATTLE MONUMENTS COMMISSION

"Salaries and expenses", $120,494; ENVIRONMENTAL PROTECTION AGENCY

"Salaries and expenses", $6,000,000; EXECUTIVE OFFICE OF THE PRESIDENT

"Office of science and technology policy", $25,773; FEDERAL E M E R G E N C Y MANAGEMENT AGENCY

42 USC 4103.

"Disaster relief, $20,000,000; "Salaries and expenses", $4,000,000; "National flood insurance fund (appropriation)", $1,021,372; "National flood insurance fund (transfer to 'Salaries and expenses')", $96,360; "National flood insurance fund (transfer to 'Emergency management planning and assistance')", $503,250; "National flood insurance fund (earmark, of transferred funds, for expenses under section 1362 of the National Flood Insurance Act of 1968, as amended)", $52,558; GENERAL SERVICES ADMINISTRATION

"Consumer information center (appropriation)", $13,739; "Consumer information center (limitation on administrative expenses)", $17,941; NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

"Research and program management", $5,000,000; NATIONAL CREDIT UNION ADMINISTRATION

"Central liquidity facility (limitation on new loans)", $6,600,000;

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 PUBLIC LAW 99-160—NOV. 25, 1985

99 STAT. 933

"Central liquidity facility (limitation on administrative expenses)", $9,350; SELECTIVE SERVICE SYSTEM

"Salaries and expenses", $305,580; DEPARTMENT OF THE TREASURY

"Office of revenue sharing, salaries and expenses", $85,800; VETERANS ADMINISTRATION

"Medical and prosthetic research", $2,105,070; "Medical administration and miscellaneous operating expenses", $3,595,309; "General operating expenses", $23,195,660; "Construction, minor projects (appropriation)", $7,449,908; "Construction, minor projects (limitation on expenses of the office of construction)", $399,443; "Grants for construction of State extended care facilities", $242,000; "Grants for construction of State veterans cemeteries", $33,000; "Grants to the Republic of the Philippines", $5,500; "Direct loan revolving fund (limitation on direct loans)", $11,000. SEC. 417. Any funds appropriated in a previous Act for construction grants under title II of the Clean Water Act shall be made available immediately and shall not be limited to phases or segments of previously funded projects. This Act may be cited as the "Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986". Approved November 25, 1985.

LEGISLATIVE HISTORY—H.R. 3038: HOUSE REPORTS: No. 99-212 (Comm. on Appropriations) and No. 99-363 (Comm. of V oniiPT'pncpI

SENATE REPORT No. 99-129 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 131 (1985): July 24, 25, considered and passed House. Oct. 17, 18, considered and passed Senate, amended. Nov. 13, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Senate agreed to conference report; concurred in House amendments.

Grants. 33 USC 1281.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/956

 99 STAT. 934

PUBLIC LAW 99-161—NOV. 25, 1985 Public Law 99-161 99th Congress An Act

Nov. 25, 1985 [H.R. 3447]

To amend and extend the Congressional Award Act.

Congressional

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

Award Amendments of

SECTION 1. SHORT TITLE.

2 USC 801 note

This Act may be cited as the "Congressional Award Amendments of 1985". SEC. 2. MEMBERSHIP OF THE BOARD.

Section 4 of the Congressional Award Act (2 U.S.C. 803), hereafter in this Act referred to as "the Act", is amended— (1) in subsection (a)(2), by adding at the end thereof the following: "One of the members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member of the Congress."; (2) by striking out subsection db) and inserting in lieu thereof the following: "(b) Appointed members of the Board shall continue to serve at the pleasure of the officer by whom they are appointed, but (unless reappointed) shall not serve for more than four years."; and (3) by striking out paragraph (2) of subsection (c) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. SEC. 3. EXTENSION OF AUTHORITY.

Section 9 of the Act (2 U.S.C. 808) is amended by striking out "six years after the date of the enactment of this Act and inserting in lieu thereof "on November 16, 1988". SEC. 4. ADMINISTRATIVE PROVISIONS. (a) SALARY LIMITATION.—Section 3(b) of the Act (2 U.S.C. 802(b)) is

2 USC 802. 2 USC 802.

2 USC 806. 2 USC 803.

amended by adding at the end thereof the following new sentence: "No salary established by the Board under paragraph (3) shall exceed $75,000 per annum, except that for calendar years after 1986, such limit shall be increased in proportion to increases in the Consumer Price Index.". (b) SCHOLARSHIPS.—Section 3(d) is amended by striking out "Gold Medal" and inserting in lieu thereof "Gold, Silver, and Bronze Medals". (c) REPORT OF ADMINISTRATIVE EXPENDITURES.—Section 3(e)(4) of the Act is amended by inserting before the period at the end thereof the following: "for each member, officer, employee, and consultant of the Board (or of the Corporation established pursuant to section 7(g)(l))". (d) ANNUAL MEETINGS.—Section 4(f) of the Act is amended by

striking out "meet annually at the call of the Chairman" and inserting in lieu thereof "meet at leaist twice a year at the call of the Chairman (with at least one meeting in the District of Columbia)".

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 PUBLIC LAW 99-161—NOV. 25, 1985 (e) BYLAWS.—Section 4(i) of the Act is amended by adding at the end thereof the following: "Such bylaws and other regulations shall include provisions to prevent any conflict of interest, or the appearance of any conflict of interest, in the procurement and employment actions taken by the Board or by any officer or employee of the Board, Such bylaws shall include appropriate fiscal control, funds accountability, and operating principles to ensure compliance with the provisions of section 7 of this Act. A copy of such bylaws shall be transmitted to each House of Congress not later than 90 days after the date of enactment of the Congressional Award Amendments of 1985 and not later than 10 days after any subsequent amendment or revision of such bylaws.".

99 STAT. 935 2 USC 803.

2 USC 806.

(f) RESTRICTION OF SPONSORSHIP ADVERTISING.—Section 7(c) of the

Act (2 U.S.C. 806(c)) is amended by adding at the end thereof the following: "The Board may permit donors to use the name of the Board or the name 'Congressional Award Program' in advertising.". (g) EVALUATION BY GAO.—Section 8 of the Act (2 U.S.C. 807) is Audits. amended— (1) by inserting "AND EVALUATION" after "AUDITS" in the heading of such section; (2) by inserting "(a)" after "SEC. 8."; (3) by striking "may be audited" and inserting in lieu thereof "shall be audited at least biennially"; (4) by striking out "at such times as the Comptroller General may determine to be appropriate"; and (5) by adding at the end thereof the following: "(b) The audit performed pursuant to subsection (a) shall at a minimum— "(1) assess the adequacy of fiscal control and funds accountability procedures of the Board and such corporation; and "(2) assess the propriety of expenses allowed to the Director and other employees of the Board and such corporation. "(c) In the report on the first audit performed under subsection (a) Report. after the date of enactment of this subsection, the Comptroller General shall include an evaluation of the programs and activities under this Act. Such evaluation shall include an examination of— "(1) the extent to which the Congressional Award Program and activities under this Act are achieving the purposes stated in section 3(a); 2 USC 802.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/958

 99 STAT. 936

Report.

PUBLIC LAW 99-161—NOV. 25, 1985 "(2) the standards of achievement and procedures for verifying that individuals satisfy such standards established by the Board; "(3) the Board's fundraising efforts under this Act; "(4) the organizational structure of the Board, particularly the use of Regional Directors; and "(5) such additional areas as the Comptroller General determines deserve or require evaluation. "(d) The report on the first audit performed under subsection (a) after the date of enactment of this subsection shall be submitted on or before May 15, 1988.". SEC. 5. CONFORMING AMENDMENT.

Repeal.

Section 2 of Public Law 98-33 (2 U.S.C. 803, note) is repealed. Approved November 25, 1985.

LEGISLATIVE HISTORY—H.R. 3447: HOUSE REPORT No. 99-327 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 28, considered and passed House. Nov. 13, considered and passed Senate, amended. Nov. 14, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/959

 PUBLIC LAW 99-162—NOV. 25, 1985

99 STAT. 937

Public Law 99-162 99th Congress Joint Resolution Relating to the proposed sales of arms to Jordan.

Nov. 25, 1985 [S.J. Res. 228]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That prior to Israel. March 1, 1986, no letter of offer shall be valid with respect to any of the proposed sales to Jordan of advanced weapons systems, including advanced aircraft and advanced air defense systems, that are described in the notification pursuant to section 36(b) of the Arms Export Control Act submitted to the Congress on October 21, 1985, Ante, p. 203. unless direct and meaningful peace negotiations between Israel and Jordan are underway. Approved November 25, 1985.

LEGISLATIVE HISTORY—S.J. Res. 228: HOUSE REPORT No. 99-364 (Comm. on Foreign Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 24, considered and passed Senate. Nov. 12, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/960

 99 STAT. 938

PUBLIC LAW 99-163—NOV. 25, 1985 Public Law 99-163 99th Congress

V. Joint Resolution

Nov. 25, 1985 [S.J. Res. 174]

To designate November 18, 1985, as "Eugene Ormandy Appreciation Day".

Whereas November 18, 1985, marks the anniversary of the birth of Eugene Ormandy; Whereas Eugene Ormandy was music director and conductor laureate of the Philadelphia Orchestra for over forty years, receiving honorary degrees from eighteen universities and medals of honor from eight nations, including the United States, France, Italy, and Great Britain; Whereas Eugene Ormandy is known throughout the world for his extraordinary ability and innovation and his unique contribution to orchestral playing, the creation of "The Philadelphia Sound"; Whereas Eugene Ormandy performed invaluable service to the Nation through tours of China, the Soviet Union, Europe, and South America; and Whereas Eugene Ormandy passed away on March 12, 1985: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That November 18, 1985, is designated as "Eugene Ormandy Appreciation Day" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the day with appropriate ceremonies. Approved November 25, 1985.

LEGISLATIVE HISTORY—S.J. Res 174: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 4, considered and passed Senate. Nov. 14, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/961

 PUBLIC LAW 99-164—NOV. 26, 1985

99 STAT. 939

Public Law 99-164 99th Congress Joint Resolution To designate November 30, 1985, as "National Mark Twain Day".

Whereas American journalist and author Mark Twain was born Samuel Langhorne Clemens in Florida, Missouri, and Hannibal, Missouri, was his boyhood home; Whereeis Mark Twain is recognized as one of America's greatest authors; Whereas Mark Twain achieved international fame and his works have been translated into more than fifty languages; Whereas Mark Twain is also widely recognized as a humorist of extraordinary wit and as a social critic of rare perception; Whereas the experiences of Mark Twain in Hannibal became the basis of two novels, The Adventures of Tom Sawyer and The Adventures of Huckleberry Finn; Whereas Mark Twain's travels and experiences in other regions of the United States became the basis of many of his other works, including The Celebrated Jumping Frog of Calaveras County, A Connecticut Yankee in King Arthur's Court, Life on the Mississippi, and Roughing It; Whereas Mark Twain succeeded in portraying the American spirit in a way which no other author has been able to duplicate; Whereas the city of Hannibal maintains the Mark Twain Home and Museum as a historic site; Whereas the city of Hannibal will be the site of special events and entertainment, beginning in May 1985 and culminating in November 1985, to celebrate the one hundred and fiftieth anniversary of the birth of Mark Twain; and Whereas November 30, 1985, is the one hundred and fiftieth anniversary of the birth of Mark Twain: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That November 30, 1985, hereby is designated "National Mark Twain Day", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved November 26, 1985.

LEGISLATIVE HISTORY—H.J. Res. 259: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 9, considered and passed House. Nov. 18, considered and passed Senate.

31: QL. 3

Part 1

Nov. 26, 1985 [H.J. Res. 259]

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 99 STAT. 940

PUBLIC LAW 99-165—DEC. 3, 1985 Public Law 99-165 99th Congress Joint Resolution

Dec. 3, 1985 [S.J. Res. 139]

To designate the week of December 1, 1985, through December 7, 1985, as "National Home Care Week".

Whereas organized home health care services to the elderly and disabled have existed in this country since the last quarter of the eighteenth century; Whereas home health care, including skilled nursing services, physical therapy, speech therapy, social services, occupational therapy, health counseling and education, and homemaker-home health aide services, is recognized as an effective and economical alternative to unnecessary institutionalization; Whereas caring for the ill and disabled in their homes places emphasis on the dignity and independence of the individual receiving such services; Whereas the Federal Government has supported home health services since the enactment of the medicare program, with the number of home health agencies providing services increasing from less than five hundred to more than five thousand; and Whereas many private, public, and charitable organizations provide these and similar services to millions of patients each year preventing, postponing, and limiting the need for institutionalization and enabling such patients to remain independent: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of December 1, 1985 through December 7, 1985, is designated as "National Home Care Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved December 3, 1985.

LEGISLATIVE HISTORY—S.J. Res. 139: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 13, considered and passed Senate. Nov. 21, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/963

 PUBLIC LAW 99-166—DEC. 3, 1985

99 STAT. 941

Public Law 99-166 99th Congress An Act To amend title 38, United States Code, to establish, extend, and improve certain Veterans' Administration health-care programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Veterans' Administration Health-Care Amendments of 1985". (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. TITLE I—HEALTH-CARE PROGRAMS Sec. 101. Alcohol and drug treatment and rehabilitation. Sec. 102. Special contract-care authority outside the 48 contiguous States. Sec. 103. Extension of interim health-care eligibility based on exposure to dioxin or other toxic substances in Vietnam or to nuclear radiation. Sec. 104. Outpatient and ambulatory services following nursing home or domiciliary care. Sec. 105. Vietnam Veteran Resource Centers pilot program. Sec. 106. Technical amendment relating to continuing availability of readjustment counseling. Sec. 107. Counseling for former prisoners of war. Sec. 108. Transfers for nursing home care. Sec. 109. Chiropractic services pilot program. TITLE II—HEALTH-CARE ADMINISTRATION Sec. 201. Medical quality-assurance records. Sec. 202. Authority to expand Geriatric Research, Education, and Clinical Centers program. Sec. 203. Revision of authority for appointment of student nurses and graduate nurses. Sec. 204. Quality assurance and credentialing. Sec. 205. Availability of State financial support for approved State home projects. Sec. 206. Procedures for reduction or revocation of clinical privileges. TITLE III—VETERANS' ADMINISTRA-nON MEDICAL FACILITIES Sec. 301. Clarification of requirement of congressional approval of construction and acquisition projects. Sec. 302. Operational and construction planning requirement. Sec. 303. Major facility prospectus requirement. Sec. 304. Development of medical-facility modular components. Sec. 305. Feasibility study of and plan for the purchase of a facility for furnishing hospital and nursing home care. •HTLE IV—MISCELLANEOUS PROVISIONS Sec 401. Servicemen's Group Life Insurance and Veterans' Group Life Insurance. Sec 402. Extension of authority to operate an office in the Republic of the Philippines. Sec 403. Veterans' Administration grade reduction. Sec 404. Land transfer. Phoenix, Arizona. Sec. 405. Modification of restrictions on real property, Milwaukee County, Wisconsin.

Dec. 3, 1985 [H.R. 505] Veterans' Administration Health-Care Amendments of 1985. 38 USC 101 note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/964

 99 STAT. 942

PUBLIC LAW 99-166—DEC. 3, 1985 TITLE IV—MISCELLANEOUS PROVISIONS—Continued Sec. 406. Authority to release limitation on use of real property, McKinney, Texas. Sec. 407. Modification of restrictions on real property and conveyance of a fence on such property, Salt Lake City, Utah. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or ' a 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 PROGRAMS Ante, p. 481. 38 USC 620A.

Records.

SEC. 101. ALCOHOL AND DRUG TREATMENT AND REHABILITATION. (a) EXTENSION OF SPECIAL CONTRACT AUTHORITY.—Section 620A is amended— (1) in subsection (a)(1)— (A) by striking out "may conduct a pilot program under which the Administrator" in the first sentence; and (B) by striking out the second sentence; (2) by striking out "October 31, 1985" in subsection (e) and inserting in lieu thereof "September 30, 1988"; and (3) by striking out subsection (f) and inserting in lieu thereof the following: "(f)(1) The Administrator shall monitor the performance of each contract facility furnishing care and services under the program carried out under subsection (a) of this section. "(2) The Administrator shall use the results of such monitoring to determine— "(A) with respect to the program, the medical advantages and cost-effectiveness that result from furnishing such care and services; and "(B) with respect to such contract facilities generally, the level of success under the program, considering— "(i) the rate of successful rehabilitation for veterans furnished care and services under the program; "(ii) the rate of readmission to contract facilities under the program or to Veterans' Administration health-care facilities by such veterans for care or services for disabilities referred to in subsection (a) of this section; "(iii) whether the care and services furnished under the program obviated the need of such veterans for hospitalization for such disabilities; "(iv) the average duration of the care and services furnished such veterans under the program; "(v) the ability of the program to aid in the transition of such veterans back into their communities; and "(vi) any other factor that the Administrator considers appropriate. "(3) The Administrator shall maintain records of— "(A) the total cost for the care and services furnished by each contract facility under the program; "(B) the average cost per veteran for the care and services furnished under the program; and "(C) the appropriateness of such costs, by comparison to— "(i) the average charges for the same types of care and services furnished generally by other comparable halfway

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Page:United States Statutes at Large Volume 99 Part 1.djvu/965

 PUBLIC LAW 99-166—DEC. 3, 1985 houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities; and "(ii) the historical costs for such care and services for the period of time that the program carried out under subsection (a) of this section was a pilot program, taking into account economic inflation. "(4) Not later than February 1, 1988, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the experience under the program carried out under this section during fiscal years 1984 through 1987. The report shall include— "(A) a description of the care and services furnished; "(B) the matters referred to in paragraphs (1), (2), and (3) of this subsection; and "(C) the Administrator's findings, assessment, and recommendations regarding the program under this section.", (b) CONFORMING AMENDMENTS.—(1) The heading for such section is amended by striking out the semicolon and the last two words. (2) The item relating to such section in the table of sections at the beginning of chapter 17 is amended by striking out the semicolon and the last two words.

STAT. 943

Report.

SEC. 102. SPECIAL CONTRACT-CARE AUTHORITY OUTSIDE THE 48 CONTIGUOUS STATES. (a) REVISION OF SPECIAL CONTRACT CARE AUTHORITY.—Section

601(4)(C)(v) is amended— (1) by striking out "(except with respect to Aleiska and Hawaii) shall expire on October 31, 1985" and inserting in lieu thereof "with respect to the Commonwealth of Puerto Rico shall expire on September 30, 1988"; and (2) by striking out "and to the Virgin Islands". (b) PHASE-OUT OF SPECIAL AUTHORITY IN PUERTO RICO.—(1) Effective on October 1, 1988, such section is amended— (A) by inserting "(other than the Commonwealth of Puerto Rico)" after "in a State"; and (B) by striking out "contiguous States" the second place it appears and all that follows through "medical services;" and inserting in lieu thereof "contiguous States and the Commonwealth of Puerto Rico;". (2) During fiscal year 1986, the obligations incurred for Puerto Rico contract care may not exceed 85 percent of the obligations incurred for such care for fiscal year 1985. (3) During fiscal year 1987, the obligations incurred for Puerto Rico contract care may not exceed 50 percent of the obligations incurred for such care for fiscal year 1985. (4) During fiscal year 1988, the obligations incurred for Puerto Rico contract care may not exceed 25 percent of the obligations incurred for such care for fiscal year 1985. (5) For the purpose of this subsection, the term "obligations incurred for Puerto Rico contract care" means the total obligations incurred during a fiscal year for medical services for veterans residing in the Commonwealth of Puerto Rico under the Administrator's authority to contract for hospital care or medical services under clause (v) of section 601(4)(C) of title 38, United States Code, in the Commonwealth of Puerto Rico.

Puerto Rico. Ante, p. 481. Alaska. Hawaii.

Virgin Islands. Effective date.

Prohibition. 38 USC 601 note. 38 USC 601 note.

38 USC 601 note.

38 USC 601 note.

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 99 STAT. 944

PUBLIC LAW 99-166—DEC. 3, 1985 SEC. 103. EXTENSION OF INTERIM HEALTH-CARE ELIGIBILITY BASED ON EXPOSURE TO DIOXIN OR OTHER TOXIC SUBSTANCES IN VIETNAM OR TO NUCLEAR RADIATION.

38 USC 610.

Section 610(e)(3) is amended by striking out "after the end o f and all that follows and inserting in lieu thereof "after September 30, 1989.". SEC. 104. OUTPATIENT AND AMBULATORY SERVICES FOLLOWING NURSING HOME OR DOMICILIARY CARE.

Section 612(f)(1) is amended— (1) by striking out "where" the first two places it appears and inserting in lieu thereof "if; (2) by inserting a comma and "nursing home care, or domiciliary care" after "hospital care" the second place it appears; (3) by striking out "hospital" the fourth place it appears; and (4) by striking out "in-hospital" and inserting in lieu thereof "such'\ SEC. 105. VIETNAM VETERAN RESOURCE CENTERS PILOT PROGRAM. 38 USC 612A.

Employment and unemployment. 38 USC 2003, 2003A. Drugs and drug abuse.

Section 612A is amended by adding at the end the following new subsection: "(h)(1) During the period beginning on January 1, 1986, and ending on September 30, 1988, the Administrator shall conduct a pilot program to provide and coordinate the provision of services described in paragraph (2) of this subsection. The pilot program shall be carried out in order to evaluate the effectiveness, feasibility, and desirability of providing veterans eligible for readjustment counseling under this section with additional services through facilities furnishing such counseling. "(2) The services referred to in paragraph (1) of this subsection are— "(A) counseling with respect to, and assistance in applying for, all benefits and services under laws administered by the Veterans' Administration for which veterans participating in the pilot program may be eligible; "(B) employment counseling, training, placement, and related services described in sections 2003 and 2003A of this title or provided under any other law administered by the Secretary of Labor; "(C) initial intake and referral services with respect to disabilities related to alcohol or drug dependence or abuse and followup services for veterans who have received treatment for such disabilities; and "(D) assistance in coordinating the provision of benefits and services to veterans participating in the pilot program with respect to such veterans' receipt of— "(i) services provided under the pilot program; and "(ii) other benefits and services provided under laws administered by the Veterans' Administration, the Secretary of Labor, or any other Federal agency or official. "(3)(A) In order to carry out the pilot program, the Administrator shall— "(i) designate as sites for demonstration projects 10 facilities which on the date of the enactment of this section are providing readjustment counseling under this section; and "(ii) assign such staff and other resources to such facilities as are necessary to enable such facilities to provide the services

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Page:United States Statutes at Large Volume 99 Part 1.djvu/967

 PUBLIC LAW 99-166—DEC. 3, 1985 referred to in subparagraphs (A) and (C) of paragraph (2) of this subsection. "(B) Facilities designated under subparagraph (A) of this paragraph shall be known as Vietnam Veteran Resource Centers (hereinafter in this subsection referred to as 'Centers')"(4) The Administrator— "(A) shall be responsible for coordinating the assignment and use of employees, on full- or part-time bases, as appi opriate, in each Center; and "(B) shall, in carrying out that responsibility, make mciximum feasible use of the Veterans' Administration employees who are providing services at each facility on the date it is designated as a Center under this subsection. "(5) The Secretary of Labor shall provide for the assignment to each Center, on full- or part-time bases, as the Secretary considers appropriate, of disabled veterans' outreach specialists appointed under section 2003A of this title or employees on the staffs of local employment service offices who are assigned to perform services under section 2004 of this title. "(6) Not later thein April 1, 1987, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the experience under the pilot program during its first 15 months of operation. The report shall include— "(A) the Administrator's assessment of— "(i) the effectiveness of the pilot program in providing and coordinating the provision of the services described in p a r s ^ a p h (2) of this subsection and counseling and services furnished under subsections (a) and (b) of this section; and "(ii) the appropriateness of the use of the personnel assigned to the program; "(B) a description of any administrative action that the Administrator plans to take generally to increase the coordination of the provision of such services to veterans eligible for readjustment counseling services under this section; "(C) any recommendation that the Administrator considers appropriate; and (D) a comparison of such assessment, plans, and recommendations with the evaluation of and the recommendations relating to the readjustment counseling program included in the report required by subsection (g)(2) of this section. "(7) Not later than January 1, 1989, the Administrator shall submit to such Committees a final report on the pilot program. The report shall include— "(A) updates of all information provided in the report submitted pursuant to paragraph (6) of this subsection; and "(B) the Administrator's final assessment of the pilot program based on 33 months of operation.".

99 STAT. 945

38 USC 2003A.

38 USC 2004. Report.

Report.

SEC. 106. TECHNICAL AMENDMENT RELATING TO CONTINUING AVAILABILITY OF READJUSTMENT COUNSELING, Section 612A(g)(l)(B) is amended by striking out "who requested 38 USC 612A. counseling before such date" and inserting in lieu thereof "who request such counseling". SEC. 107. COUNSELING FOR FORMER PRISONERS OF WAR. (a) IN GENERAL.—Subchapter II of chapter 17 is amended by inserting after section 612A the following new section:

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Page:United States Statutes at Large Volume 99 Part 1.djvu/968

 99 STAT. 946 38 USC 612B.

PUBLIC LAW 99-166—DEC. 3, 1985 "§ 612B. Counseling for former prisoners of war "The Administrator may establish a program under which, upon the request of a veteran who is a former prisoner of war, the Administrator, within the limits of Veterans' Administration facilities, furnishes counseling to such veteran to assist such veteran i n overcoming the psychological effects of the veteran's detention or internment as a prisoner of war.". Ob) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 612A the following new item: "612B. Counseling for former prisoners of war.". SEC. 108. TRANSFERS FOR NURSING HOME CARE.

38 USC 620.

Prohibition.

(a) IN GENERAL.—Subsection (a) of section 620 is amended to read as follows: "(a)(1) Subject to subsection (b) of this section, the Administrator may transfer to a non-Veterans' Administration nursing home, for care at the expense of the United States— "(A) a veteran— "(i) who has been furnished hospital care, nursing home care, or domiciliary care by the Administrator in a facility under the direct jurisdiction of the Administrator; and "(ii) who the Administrator determines— "(I) requires a protracted period of nursing home care which can be furnished in the non-Veterans' Administration nursing home; and "(II) in the case of a veteran who has been furnished hospital care in a facility under the direct jurisdiction of the Administrator, has received maximum benefits from such care; and "(B) a member of the Armed Forces— "(i) who has been furnished care in a hospital of the Armed Forces; "(ii) who the Secretary concerned determines has received maximum benefits from such care but requires a protracted period of nursing home care; and "(iii) who upon discharge from the Armed Forces will become a veteran. "(2) The Administrator may transfer a person to a nursing home under this subsection only if the Administrator determines that the cost to the United States of the care of such person in the nursing home will not exceed— "(A) the amount equal to 45 percent of the cost of care furnished by the Veterans' Administration in a general hospital under the direct jurisdiction of the Administrator (as such cost may be determined annually by the Administrator); or "(B) the amount equal to 50 percent of such cost, if such higher amount is determined to be necessary by the Administrator (upon the recommendation of the Chief Medical Director) to provide adequate care. "(3) Nursing homo care may not be furnished under this subsection at the expense of the United States for more than six months in the aggregate in connection with any one transfer except— "(A) in the case of a veteran—

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 99 STAT. 947

PUBLIC LAW 99-166—DEC. 3, 1985 "(i) who is transferred to a non-Veterans' Administration nursing home from a hospital under the direct jurisdiction of the Administrator; and "(ii) whose hospitalization was primarily for a serviceconnected disability; "(B) in a case in which the nursing home care is required for a service-connected disability; or "(C) in a case in which, in the judgment of the Administrator, a longer period of nursing home care is warranted. "(4) A veteran who is furnished care by the Administrator in a hospital or domiciliary facility in Alaska or Hawaii may be furnished nursing home care at the expense of the United States under this subsection even if such hospital or domiciliary facility is not under the direct jurisdiction of the Administrator.".

Alaska. Hawaii.

Co) ADMISSION TO CONTRACT NURSING HOMES OF CERTAIN VETER-

ANS.—Subsection (d) of such section is amended— (1) by inserting "(1)" after "(d)"; (2) by striking out "to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care" in the first sentence and inserting in heu thereof "to any non-Veterans' Administration nursing home"; (3) by inserting after the first sentence the following new sentence: "The Administrator may also authorize a direct admission to such a nursing home for nursing home care for any veteran who has been discharged from a hospital under the direct jurisdiction of the Administrator and who is currently receiving medical services as part of home health services from the Veterans' Administration.; (4) by striking out the sentence beginning "Such admission" and inserting in lieu thereof the following: "(2) Direct admission authorized by paragraph (1) of this subsec- Physicians. tion may be authorized upon determination of need therefor— "(A) by a physician employed by the Veterans' Administration; or "(B) in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement, based on an examination by such physician."; and (5) by designating the last sentence as paragraph (3). (c)

DEFINITION

OF NON-VETERANS'

ADMINISTRATION

NURSING

HOME.—Subsection (e) of such section is amended— (1) by inserting "(1)" after "(e)"; (2) by striking out "subsection (a)(ii)" in the second sentence and inserting in lieu thereof "subsection (a)(2)(B)"; and (3) by adding at the end the following: "(2) For the purposes of this section, the term 'non-Veterans' Administration nursing home' means a public or private institution not under the direct jurisdiction of the Administrator which furnishes nursing home care.". (d) IMPROVEMENT IN PENSION PROGRAM ADMINISTRATION.—(1) In

38 USC 3203

order to improve the timeliness of adjustments made pursuant to note. section 3203(a) of title 38, United States Code, in the amount of 98 Stat. 43. pension being paid to a veteran who is being furnished nursing home care by the Veterans' Administration, the Chief Medical Director of the Veterans' Administration shall develop improved procedures for notifying the Chief Benefits Director of the Veterans' Administration when a veteran is admitted to a nursing home.

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 99 STAT. 948

PUBLIC LAW 99-166—DEC. 3, 1985

Report.

(2) The Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the development and implementation of such procedures. The report shall be submitted not later than 90 days after the date of the enactment of this Act.

38 USC 610 note.

SEC. 109. CHIROPRACTIC SERVICES PILOT PROGRAM.

38 USC 601 etseq.

98 Stat. 2543.

(a) ESTABLISHMENT OF PiLOT PROGRAM.—(1) The Administrator of Veterans' Affairs shall conduct a pilot program to evaluate the therapeutic benefits and the cost-effectiveness of furnishing certain chiropractic services to veterans eligible for medical services under chapter 17 of title 38, United States Code. Such a veteran is eligible to receive chiropractic services under the pilot program if the veteran was furnished hospital care or medical services by the Veterans' Administration for a neuromusculoskeletal condition of the spine within the 12-month period immediately preceding the commencement of the furnishing of such chiropractic services. (2) The pilot program shall consist of not less than one demonstration project in each of five geographic regions of the United States designated by the Administrator for the purpose of this section. (3) The pilot program shall be carried out during the period beginning on January 1, 1986, and ending on December 31, 1988. (b) CONSULTATION AND COORDINATION.—In developing the pilot program, the Administrator shall consult with the Secretary of Defense regarding the demonstration projects carried out by the Secretary under section 632(b) of the Department of Defense Authorization Act, 1985 (10 U.S.C. 1092 note). In designing, conducting, and evaluating the pilot program, the Administrator shall obtain advice and recommendations from recognized medical or scientific authorities in the treatment of neuromusculoskeletal conditions of the spine. The Administrator shall ensure that there is adequate participation by chiropractors in the design and evaluation of the demonstration projects, including participation by representatives from chiropractic colleges recognized by an approved accrediting organization. (c) PAYMENT FOR CHIROPRACTIC SERVICES UNDER THE PILOT PRO-

Insurance. Contracts.

GRAM.—(1)(A) The Administrator shall pay the reasonable charge for chiropractic services furnished to eligible veterans under the pilot program. (B) The Administrator may not pay for such services to the extent that the veteran is entitled to such services (or reimbursement for the expenses of such services) under— (i) an insurance policy or contract; (ii) a medical or hospital service agreement or membership or subscription contract; or (iii) a similar arrangement for the purpose of providing, paying for, or reimbursing expenses for such services. (2) The Administrator— (A) shall reimburse the veteran for such reasonable charges if the veteran has paid for such services; or (B) in lieu of reimbursing a veteran for a charge for chiropractic services under subparagraph (A), may pay the reasonable charge for such chiropractic services directly to the chiropractor who furnished the services. (3) The amount paid for chiropractic services under this subsection may not exceed the amount for such services prescribed under the scheidule of reasonable charges established under subsection (d).

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 PUBLIC LAW 99-166—DEC. 3, 1985 (4) Chiropractic services may be provided in private facilities or chiropractic colleges approved in guidelines issued by the Administrator. (5) Reimbursement of veterans and pa3mients to chiropractors under this subsection shall be carried out under regulations which the Administrator shall prescribe. (d) SCHEDULE OF REASONABLE CHARGES.—The Administrator shall establish a schedule of reasonable charges for chiropractic services furnished under the pilot program. Such schedule shall— (1) be consistent with the reasonable charges allowed under section 1842 of the Social Security Act (42 U.S.C. 1395u); and (2) be established in consultation with— (A) appropriate public and nonprofit private organizations; and (B) other Federal departments and sigencies that provide reimbursement for chiropractic services. (e) PROGRAM CAP.—The amount spent in any calendar year for chiropractic services under the pilot program may not exceed $2,000,000. (f) REPORT.—Not later than April 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation, operation, and results of the pilot program. The report shall include— (1) the number of requests made by eligible veterans for reimbursement or payment for chiropractic services under this section and the number of such veterans who made such requests; (2) the number of such reimbursements and payments made and the number of veterans to (or for whom) such reimbursements and payments were made; and (3) the total amount spent for such reimbursements and payments. (g) DEFINITIONS.—For the purposes of this section: (1) The term "chiropractic services" means the manual manipulation of the spine performed by a chiropractor to correct a subluxation of the spine. Such term does not include physical examinations, laboratory tests, radiologic services, and any other tests or services determined by the Administrator to be excluded. (2) The term "chiropractor" means an individual who is licensed as such by the State in which the individual performs chiropractic services and who meets the uniform minimum standards promulgated for chiropractors under section 1861(r)(5) of the Social Security Act (42 U.S.C. 1395x(r)(5)).

99 STAT. 949 Schools and colleges. Regulations.

Prohibition.

TITLE II—HEALTH-CARE ADMINISTRATION SEC. 201. MEDICAL QUALITY-ASSURANCE RECORDS.

Section 3305 is amended— (1) by inserting "(other than reports submitted pursuant to 38 USC 3305. section 4152(b) of this title)" in subsection (a) after "program"; and (2) by adding at the end of subsection (b) the following new paragraph: "(6) Nothing in this section shall be construed as authorizing or requiring withholding from any person or entity the disclosure of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/972

 99 STAT. 950

PUBLIC LAW 99-166—DEC. 3, 1985 statistical information regarding Veterans' Administration healthcare programs (including such information as aggregate morbidity and mortality rates associated with specific activities at individual Veterans' Administration health-care facilities) that does not implicitly or explicitly identify individual Veterans' Administration patients or employees or individuals who participated in the conduct of a medical quality-assurance review.". SEC. 202. AUTHORITY TO EXPAND GERIATRIC RESEARCH, EDUCATION, AND CLINICAL CENTERS PROGRAM.

38 USC 4101.

Section 4101(f)(l)(A) is amended by striking out "fifteen" and inserting in lieu thereof "25". SEC. 203. REVISION OF AUTHORITY FOR APPOINTMENT OF STUDENT NURSES AND GRADUATE NURSES. Section 4114(a)(3) is amended— (1) by striking out "one year" in the second sentence of subparagraph (A) and inserting in lieu thereof "two years"; and (2) by adding at the end the following new subparagraph: "(C) A student nurse who has a temporary appointment under this paragraph and who is pursuing a full course of nursing in a recognized school of nursing approved by the Administrator may be reappointed for one year. Other personnel whose appointments are limited by this section to one year may not be reappointed under this subsection.". SEC. 204. QUALITY ASSURANCE AND CREDENTIALING. (a)

IMPROVEMENTS IN

PROGRAMS TO EVALUATE AND ASSURE

HEALTH-CARE QUALITY.—(1) Chapter 73 is amended by adding at the end the following new subchapter:

"Subchapter V—Quality Assurance 38 USC 4151.

"(a) The Administrator shall— "(1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Department of Medicine and Surgery (hereinafter in this section referred to as the 'quality-assuremce progrsun'); and "(2) delineate the responsibilities of the Chief Medical Director with respect to the quality-assurance program, including the duties prescribed in this section. "(b)(l) As part of the quality-assurance program, the Chief Medical Director shall periodically evaluate— "(A) whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Department of Medicine and Surgery from prevailing national mortality and morbidity standards for similar procedures; and "(B) if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Department of Medicine and Surgery. "(2) The evaluation under paragraph (I)(A) of this subsection shall be made using the information compiled under subsection (c)(1) of this section. The evaluation under paragraph (I)(B) of this subsection shall be made taking into account the factors described in subsection (c)(2)(B) of this subsection.
 * '§ 4151. Quality assurance program

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Page:United States Statutes at Large Volume 99 Part 1.djvu/973

 PUBLIC LAW 99-166—DEC. 3, 1985

99 STAT. 951

"(3) If, based upon an evaluation under paragraph (I)(A) of this subsection, the Chief Medical Director determines that there is a deviation referred to in that paragraph, the Chief Medical Director shall explain the deviation in the next report submitted under section 4152 of this title. Infra. "(c)(1) The Chief Medical Director shall— "(A) determine the prevailing national mortality and morbidity standards for each type of surgical procedure performed by the Department of Medicine and Surgery; and "(B) collect data and other information on mortality and morbidity rates in the Department of Medicine and Surgery for each type of surgical procedure performed by the Department and (with respect to each such procedure) compile the data and other information so collected— "(i) for each medical facility of the Veterans* Administration, in the case of cardiac surgery, heart transplant, and renal transplant programs; and "(ii) in the aggregate, for each other type of surgical procedure. "(2) The Chief Medical Director shall— "(A) compare the mortality and morbidity rates compiled under paragraph (1)(B) of this subsection with the national mortality and morbidity standards determined under paragraph (1)(A) of this subsection; and "(B) analyze any deviation between such rates and such standards in terms of— "(i) the characteristics of the respective patient populations; "(ii) the level of risk for the procedure involved, based on— "(I) patient age; "(II) the type and severity of the disease; "(III) the effect of any complicating diseases; and "(IV) the degree of difficulty of the procedure; and "(iii) any other factor that the Chief Medical Director considers appropriate. "(d) Based on the information compiled and the comparisons, analyses, evaluations, and explanations made under subsections (b) and (c) of this section, the Chief Medical Director, in each report under section 4152 of this title, shall make such recommendations with respect to quality assurance as the Chief Medical Director considers appropriate. "(e)(1) The Administrator shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Department of Medicine and Surgery to carry out its responsibilities under this section. "(2) The Inspector General of the Veterans' Administration shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Inspector General to monitor the quality-assurance program. "§ 4152. Quality-assurance reports 38 USC 4152. "(a)(1) Not later than February 1 of 1987, 1989, and 1991, the Chief Medical Director shall submit to the Administrator a report on the experience through the end of the preceding fiscal year under the quality-assurance program carried out under section 4151 cf this title.

Ante, p. 950.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/974

 99 STAT. 952

38 USC 3305.

PUBLIC LAW 99-166—DEC. 3, 1985 "(2) Each such report shall include— "(A) the data and other information compiled and the comparisons, analyses, and evaluations made under subsections (b) and (c) of such section with respect to the period covered by the report; and "(B) recommendations under subsection (d) of such section. "(b) Not later than 60 days after receiving each such report, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comment concerning the report that the Administrator considers appropriate. "(c) A report submitted under subsection (b) of this section shall not be considered to be a record or document as described in section 3305(a) of this title.". (2) The table of sections at the beginning of chapter 73 is amended by adding at the end the following: "SUBCHAPTER V—QUALITY ASSURANCE

"4151. Quality assurance program. "4152. Quality-assurance reports.". (b) REPORT ON CREDENTIALS OF HEALTH-CARE PROFESSIONALS.—(1)

38 USC 601 et seq-

The Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report describing in detail the current efforts and procedures and future plans of the Veterans' Administration for determining and monitoring the credentials of health-care professionals in connection with their furnishing care to veterans under chapter 17 of title 38, United States C!ode. (2)(A) The report shall include a description of each current and planned Veterans' Administration policy or procedure regarding, or arrangement for, credentialing information exchanges. (B) With reference to any such policy, procedure, or arrangement that is planned and has not been implemented at the time the report required by paragraph (1) is submitted, the Administrator shall— (i) include in the report a timetable for such implementation; and (ii) report to the committees on progress toward such implementation every three months thereafter until implementation of each such policy, procedure, and arrangement is achieved. Upon implementation of each such policy, procedure, and arrangement, a final report on such implementation shall be submitted to the Committees. (3) For the purposes of this subsection, the term "credentialing information exchanges" includes the exchange of relevant information with a license issuing or monitoring entity— (A) in order to determine, with respect to an individual who is seeking employment with, or who is employed by, the Veterans' Administration as a health-care professional for the furnishing of care to veterans under chapter 17 of title 38, United States Code— (i) whether the individual has completed medical or other health-care professional education satisfactorily; (ii) the current and past licensure and clinical privilege status of the individual; or (iii) the full employment history of the individual; or

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Page:United States Statutes at Large Volume 99 Part 1.djvu/975

 PUBLIC LAW 99-166—DEC. 3, 1985 (B) in order to provide appropriate information to such an entity about an individual whose employment with the Veterans' Administration as a health-care professional is terminated— (i) following the completion of a disciplinary action relating to such individual's clinical competence; (ii) voluntarily after having had such individual's clinical privileges restricted or revoked; or (iii) voluntarily after serious concerns about such individual's clinical competence have been raised but not resolved. (4) For the purposes of this subsection, the term "license issuing or monitoring entity" means— (A) an appropriate State medical or other health-professional licensing body; (B) the Federation of State Medical Boards; (C) the American Medical Association; and (D) any other public or private entity that the Administrator considers appropriate that is involved with the issuance or monitoring of health-care professional licenses. (5) The report required by this subsection shall be submitted not later than 90 days after the date of the enactment of this Act.

99 STAT. 953

Report.

SEC. 205. AVAILABILITY OF STATE FINANCIAL SUPPORT FOR APPROVED STATE HOME PROJECTS. (a) DEADLINE FOR AVAILABILITY OF STATE CONSTRUCTION FUNDS.—

Subsection (a)(6) of section 5035 is amended by inserting "by July 1 of the fiscal year for which the application is approved" before "and for its maintenance". (b) DEFERRAL OF CERTAIN APPLICATIONS.—Subsection (b) of such section is amended— (1) by inserting "(1)" after "(b)"; (2) by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; and (3) by adding at the end the following new paragraph: "(2)(A) The Administrator shall defer approval of an application that meets the requirements of this section if the State submitting the application does not, by the July 1 deadline (as defined in subparagraph (C) of this paragraph), demonstrate to the satisfaction of the Administrator that the State has provided adequate financial support for construction of the project. "(B) In a case in which approval of an application is deferred under subparagraph (A) of this paragraph— "(i) the Administrator, in accordance with guidelines established by the Administrator, shall select for award of a grant or grants under this section an application or applications for a nursing home project or projects that the Administrator determines— "(I) to be most in need; "(II) would, but for the deferral, not have been approved during the fiscal year in which the deferral occurred; and "(III) have been provided adequate financial support by the State and are otherwise qualified for approval during the fiscal year; and "(ii) during the next fiscal year, the application with respect to which approval was deferred shall be accorded priority for

98 Stat. 2689. 38 USC 5035.

Grants. Nursing home.

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 99 STAT. 954

38 USC 4110 note.

PUBLIC LAW 99-166—DEC. 3, 1985 approval ahead of applications that had not been approved before the first day of such fiscal year. "(C) For the purposes of this paragraph, the term 'July 1 deadline' means July 1 of the fiscal year in which the State is notified by the Administrator of the availability of funding for a grant for such project.". SEC. 206. PROCEDURES FOR REDUCTION OR REVOCATION OF CLINICAL PRIVILEGES. (a) GuiDEUNES.—Not later than April 1, 1986, the Administrator of Veterans' Affairs shall prescribe uniform guidelines establishing administrative procedures to be followed in any case in which a reduction or revocation of the clinical privileges of any person employed in a position described in paragraph (1) of section 4104 of title 38, United States Code, is proposed on the basis of a deficiency in the employee's performance of professional responsibilities. (b) REPORT.—Not later than May 1, 1986, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report (containing a copy of such guidelines) on the implementation of this section. TITLE m—VETERANS' ADMINISTRATION MEDICAL FACILITIES SEC. 301. CLARIFICATION OF REQUIREMENT OF CONGRESSIONAL APPROVAL OF CONSTRUCTION AND ACQUISITION PROJECTS.

38 USC 5004.

Prohibition.

Subsection (a) of section 5004 is amended to read as follows: "(a)(1) The purpose of this subsection is to enable Congress to ensure the equitable distribution of medical facilities throughout the United States, taking into consideration the comparative urgency of the need for the services to be provided in the case of each particular facility. "(2) After the adoption by the committees during a fiscal year of resolutions with identical texts approving major medical facility projects, it shall not be in order in the House of Representatives or in the Senate to consider a bill, resolution, or amendment making an appropriation for that fiscal year or for the next fiscal year which may be expended for a major medical facility project— "(A) if the project for which the appropriation is proposed to be made is not approved in those resolutions; or "(B) in the event that the project is approved in the resolutions, if either— "(i) the bill, resolution, or amendment making the appropriation does not specify— "(I) the mecUcal facility project for which the appropriation is proposed to be made; and "(11) the amount proposed to be appropriated for the project; or "(ii) the amount proposed to be appropriated for the project (when added to any amount previously appropriated for the project) exceeds the amount approved for the project. "(3) No appropriation may be made for the lease of any space for use as a medical facility at an average annual rental of more than $500,000 unless each committee has first adopted a resolution approving such lease and setting forth the estimated cost thereof.

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 PUBLIC LAW 99-166—DEC. 3, 1985

99 STAT. 955

"(4) For the purpose of this subsection, the term 'major medical facility project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $2,000,000. Such term does not include an acquisition by exchange.". SEC. 302. OPERATIONAL AND CONSTRUCTION PLANNING REQUIREMENT.

(a) REQUIREMENT FOR IMPROVED PLANNING.—Subsection (a) of section 5007 is amended— (1) by inserting "(D" after "(a)"; (2) by striking out "and alteration" the second place it appears in the first sentence and inserting in lieu thereof "alteration, and operation"; (3) by striking out the second and third sentences; and (4) by adding at the end the following new paragraphs: "(2) Each such report shall contain— "(A) a five-year strategic plan for the operation and construction of medical facilities— "(i) setting forth— "(I) the mission of each existing or proposed medical facility; "(II) any planned change in such mission; and "(III) the operational steps needed to achieve the facility's mission and the dates by which such steps are planned to be completed; and "(ii) a five-year plan, based on the factors set out in subclause (i) of this clause, for construction, replacement, or alteration projects for each such facility; "(B) a list, in order of priority, of not less than 10 hospitals that, in the judgment of the Administrator, are most in need of construction or replacement; and "(C) general plans (including projected costs, site location, and, if appropriate, necessary land acquisition) for each medical facility for which construction, replacement, or alteration is planned under clause (A)(ii) of this paragraph. "(3) The report under this subsection shall be submitted not later than June 30 of each year.". (b) TECHNICAL AMENDMENTS.—Subsection (b) of such section is amended— (1) by striking out "(beginning in 1981)"; (2) by inserting "(1)" after "medical facility"; and (3) by striking out "title and, in the case of the second and each succeeding report made under this subsection," and inserting in lieu thereof title, and (2)". (c) CLERICAL AMENDMENTS.—(1) The heading for such section is amended to read as follows: "§ 5007. Operational and construction plans for medical facilities". (2) The item relating to such section in the table of sections at the beginning of chapter 81 is amended to read as follows:

38 USC 5007.

Report.

Hospitals,

Report.

"5007. Operational and construction plans for medical facilities.". SEC. 303. MAJOR FACILITY PROSPECTUS REQUIREMENT.

Section 5004(b)(1) is amended by inserting "and, in the case of a prospectus proposing the construction of a new or replacement medical facility, a description of the consideration that was given to

38 USC 5004.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/978

 99 STAT. 956

PUBLIC LAW 99-166—DEC. 3, 1985 acquiring an existing facility by lease or purchase" after "such facility".

38 USC 5003

SEC. 304. DEVELOPMENT OF MEDICAL-FACILITY MODULAR COMPONENTS.

In order to evaluate the applicability to the Veterans' Administration of the use of modular components in the design and construction of medical facilities for the furnishing of hospital care and to determine the efficiency and cost-effectiveness of that approach, the Administrator of Veterans' Affairs shall, not later than one year after the date of the enactment of this Act, develop a modular approach to the planning and design of an appropriate Veterans' Administration medical facility for the furnishing of hospital care. SEC. 305. FEASIBILITY STUDY OF AND PLAN FOR THE PURCHASE OF A FACILITY FOR FURNISHING HOSPITAL AND NURSING HOME CARE.

President of U.S. In the documents submitted by the Administrator of Veterans' Florida. Affairs to the appropriate committees of the Congress at the time of and in connection with the submission, pursuant to section 1105 of 98 Stat. 2324. title 31, United States Code, of the Budget for fiscal year 1987, the Administrator shall include the results of a feasibility study which he shall conduct of, and if indicated by such study provide a feasibility plan for, the purchase for Veterans' Administration use of a medical facility that is located in an urban area and is suitable for furnishing both hospital and nursing home care services, and meets the current and projected needs and specifications of the Veterans' Administration for furnishing health care to eligible veterans. In such Budget, the President, as warranted by such feasibility plan, shall include a request for an appropriate amount to purchase such a facility which meets those needs and specifications: Provided, That this section shall not be construed to require the Administrator to provide a feasibility plan with respect to the purchase of a facility that would have the effect of making it infeasible to construct, acquire, or lease a medical facility in the Florida panhandle or to expand the Biloxi/Gulfport Veterans' Administration Medical Center to furnish health care to veterans in the area. TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. SERVICEMEN'S GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE.

38 USC 767.

(a) SERVICEMEN'S GROUP LIFE INSURANCE.—(1) Subsection (a) of section 767 is amended— (A) by striking out "$35,000" and inserting in lieu thereof "$50,000"; and (B) by striking out "the amount of $30,000, $25,000, $20,000, $15,000, $10,000 or $5,000" and inserting in lieu thereof "an amount less than $50,000 that is evenly divisible by $10,000". (2) Subsection (c) of such section is amended by striking out "the amount of" the first place it appears and all that follows through "as the case may be," and inserting in lieu thereof "any amount less than $50,000, such member may thereafter be insured under this subchapter in the amount of $50,000 or any lesser amount evenly divisible by $10,000". (3) Subsection (d) of such section is amended—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/979

 PUBLIC LAW 99-166—DEC. 3, 1985 (A) by striking out "the effective date of this subsection" each place it appears and inserting in lieu thereof "January 1, 1986"; and (B) by striking out "up to a maximum of $35,000 (in any amount divisible by $5,000)" and inserting in lieu thereof "in the amount of $50,000 or any lesser amount evenly divisible by $10,000". (b) VETERANS' GROUP LIFE INSURANCE.—(1) Subsection (a) of section 777 of such title is amended— (A) by striking out the first sentence and inserting in lieu thereof the following: "Veterans' Group Life Insurance shall be issued in the amounts specified in section 767(a) of this title. In the case of any individual, the amount of Veterans' Group Life Insurance may not exceed the amount of Servicemen's Group Life Insurance coverage continued in force after the expiration of the period of duty or travel under section 767(b) or 768(a) of this title."; and (B) by striking out "$35,000" in the sentence immediately following the matter inserted by clause (A) and both places it appears in the last sentence and inserting in lieu thereof "$50,000". (2) Such section is further amended by adding at the end the following new subsection: "(h)(1) Notwithstanding any other provision of law, members of the Individual Ready Reserve and the Inactive National Guard are eligible to be insured under Veterans' Group Life Insurance. Any such member shall be so insured upon submission of an application in the manner prescribed by the Administrator and the payment of premiums as required under this section. "(2) Notwithstanding subsection (b)(2) of this section. Veterans' Group Life Insurance coverage under this subsection shall be issued on a renewable five-year term basis, but the person insured must remain a member of the Individual Ready Reserve or Inactive National Guard throughout the period of the insurance in order for the insurance of such person to be renewed. "(3) For the purpose of this subsection, the terms 'Individual Ready Reserve' and 'Inactive National Guard' shall have the meanings prescribed by the Administrator in consultation with the Secretary of Defense.". (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on January 1, 1986.

99 STAT. 957

38 USC 777. Ante, p. 956.

38 USC 767, 768.

Individual Ready Reserve. Inactive National Guard.

38 USC 767 note.

SEC. 402. EXTENSION OF AUTHORITY TO OPERATE AN OFFICE IN THE REPUBLIC OF THE PHILIPPINES.

Section 230(b) is amended by striking out "October 31, 1985" and inserting in lieu thereof "September 30, 1988".

Ante, p. 481.

SEC. 403. VETERANS' ADMINISTRATION GRADE REDUCTION.

(a) Section 210G>) is amended by adding at the end the following new paragraphs: "(3)(A) The Administrator may not implement a grade reduction described in subparagraph (B) of this paragraph unless the Administrator first submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction and a detailed justification for the plan. Such report shall include a determination by the Administrator (together with data supporting such determination) that, in the

38 USC 210.

Report.

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