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SEC. 7. CERTIFICATION OF QUESTIONS OF LAW.

Subchapter II of Chapter 7, title 11, District of Columbia Code, is amended by inserting after section 11-722 the following new section:

State and local governments.

"§ 11-723. Certification of Questions of Law. "(a) The District of Columbia Court of Appeals may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or the highest appellate court of any State, if there are involved in any proceeding before any such certifying court questions of law of the District of Columbia which may be determinative of the cause pending in such certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the District of Columbia Court of Appeals. "(b) This section may be invoked by an order of any of the courts referred to in subsection (a) upon the court's motion or upon motion of any party to the cause. "(c) A certification order shall set forth (1) the question of law to be answered; and (2) a statement of all facts relevant to the questions certified and the nature of the controversy in which the questions arose. "(d) A certification order shall be prepared by the certifying court and forwarded to the District of Columbia Court of Appeals. The District of Columbia Court of Appeals may require the original or copies of all or such portion of the record before the certifying court as are considered necessary to a determination of the questions certified to it. "(e) Fees and costs shall be the same as in appeals docketed before the District of Columbia Court of Appeals and shall be equally divided between the parties unless precluded by statute or by order of the certifying court. "(f) The District of Columbia Court of Appeals may prescribe the rules of procedure concerning the answering and certification of questions of law, under this section. "(g) The written opinion of the District of Columbia Court of Appeals stating the law governing any questions certified under subsection (a) shall be sent by the clerk to the certifying court and to the parties. "(h)(1) The District of Columbia Court of Appeals, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any State under the conditions described in subsection (a). "(2) The procedures for certification from the District of Columbia to a State shall be those provided in the laws of that State.". SEC. 8. PUBLIC ACCESS TO MATERIALS OF JUDICIAL NOMINATION COMMISSION.

Records. Classified information. 87 Stat. 796.

Section 434(c)(3) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by striking out the last sentence and inserting in lieu thereof: "Information, records, and other materials furnished to or developed by the Commission in the performance of its duties under this section shall be privileged and confidential. Section 552 of title 5, United States Code (known as the Freedom of Information Act), shall not apply to any such materials.".

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SEC. 9. MEETINGS OF THE JUDICIAL NOMINATION COMMISSION.

Section 434(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by inserting at the 87 Stat. 796. end thereof "Meetings of the Commission may be closed to the public. Section 742 of this Act shall not apply to meetings of the 87 Stat. 831. Commission.". SEC. 10. PUBLIC ANNOUNCEMENT OP JUDICIAL RECOMMENDATIONS.

Section 434(d) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by inserting at the end thereof the following new paragraph: "(4) Upon submission to the President, the name of any individual Public recommended under this subsection shall be made public by the information. Judicial Nomination Commission.". SEC. 11. DISCLOSURE OF CERTAIN INFORMATION TO THE JUDICIAL NOMINATION COMMISSION.

Section 11-1528 of title 11, District of Columbia Code, is amended by striking out all of subsection (a) and inserting in lieu thereof the following: "(a)(1) Subject to paragraph (2), the filing of papers with, and the giving of testimony before, the Commission shall be privileged. Subject to paragraph (2), hearings before the Commission, the record thereof, and materials and papers filed in connection with such hearings shall be confidential. "(2)(A) The judge whose conduct or health is the subject of any proceedings under this chapter may disclose or authorize the disclosure of any information under paragraph (1). "(B) With respect to a prosecution of a witness for perjury or on review of a decision of the Commission, the record of hearings before the Commission and all papers filed in connection with such hearing shall be disclosed to the extent required for such prosecution or review. "(C) Upon request, the Commission shall disclose, on a privileged and confidential basis, to the District of Columbia Judicial Nomination Commission any information under paragraph (1) concerning any judge being considered by such nomination commission for elevation to the District of Columbia Court of Appeals or for chief judge of a District of Columbia court.".

Records. Classified information.

SEC. 12. REAPPOINTMENT TO JUDICIAL OFFICE.

Section 433(c) of the District of Columbia Self-Government and Governmental Reorganization Act is amended— 87 Stat. 795. (1) in the first sentence by striking out "three months" and inserting in lieu thereof "six months"; and (2) in the second sentence, by striking out "thirty" and inserting in lieu thereof "sixty". SEC. 13. MODIFICATION OF JUDICIAL REAPPOINTMENT EVALUATION CATEGORIES.

Section 433(c) of the District of Columbia Self-Government and Governmental Reorganization Act is amended in the third sentence by striking out "exceptionally well-qualified or". SEC. 14. SERVICES OF RETIRED JUDGES.

(a) SENIOR JUDGES.—The second sentence of section 1504(a)(l) of title 11, District of Columbia Code, is amended by striking "every

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two years" and inserting "every four years, unless the Senior Judge has reached his or her seventy-fourth birthday, whereupon review .•^:., shall be at least every two years,". (b) REQUEST FOR SENIOR JUDGESHIP.—Section 1504(a) of title 11, District of Columbia Code, is further amended by striking out paragraphs (2) and (3) and inserting after paragraph (1) the following new paragraph: "(2) At any title prior to or not later than one year after retirement, a judge may request recommendation from the District of Columbia Commission on Judicial Disabilities and Tenure (hereinafter in this section referred to as the 'Commission') to be appointed "«,;' as a senior judge in accordance with this section; except that any •' ' retired judge shall have not less than 180 days from the effective date of this Act to file a request for an initial recommendation from the Commission." (c) SERVICE BY RETIRED JUDGES.—Section 1565 of title 11, District of Columbia Code, is amended to read as follows: Wages.

Health and medical care. Insurance.

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"§ 11-1565. Service by Retired Judges. "Any retired judge performing judicial duties as a senior judge on the District of Columbia Court of Appeals or the Superior Court shall be entitled, during the period for which he or she serves, to receive the same daily rate of pay as a judge on the court in which he or she performs such duties. The cumulative daily earnings of a senior judge, in any single year, when added to the annual retirement salary, may not exceed the current annual salary of a judge of the court in which he or she performs such duties. No deduction shall be withheld for health benefits. Federal employee's life insurance, or retirement purposes from the salary paid to a judge during judicial service. The performance of such judicial service shall not create an additional retirement, change retirement, or create, or in any manner affect a survivor annuity.. SEC. 15. EXTENSION OF NOMINATIONS.

87 Stat. 796.

PERIOD

FOR

SUBMITTING

JUDICIAL

Section 434(d)(1) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by striking out "thirty days" each place it appears and inserting in lieu thereof "sixty days". SEC. 16. JUDICIAL COMPENSATION.

M:

(a) COURT OF APPEALS.—Section 703(b) of title 11 of the District of Columbia Code is amended by striking out "90 per centum of. (b) SUPERIOR COURT.—Section 904(b) of title 11 of the District of Columbia Code is amended by striking out "90 per centum of. SEC. 17. CHIEF JUDGE OF THE DISTRICT OF COLUMBIA COURT OF APPEALS AS PRESIDING OFFICER OF THE PUBLIC DEFENDER SERVICE.

Section 330 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (Public Law 91-358; 1-2703, D.C. Code) is amended— (1) by striking out clause (A) of subsection (b)(1) and redesignating clauses (B), (C), (D), and (E) as clauses (A), (B), (C), and (D), respectively; and

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(2) in paragraph (2) of subsection (b) by striking out "Chief Judge of the United States Court of Appeals for the District of Columbia Circuit" and inserting in lieu thereof "Chief Judge of the District of Columbia Court of Appeals". SEC. 18. EFFECTIVE DATE.

28 USC app. 301 note.

The amendments made by this Act shall take effect on the date of the enactment of this Act. •J

Approved October 28, 1986.

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LEGISLATIVE HISTORY—H.R. 3578: HOUSE REPORTS: No. 99-326 (Comm. on the District of Columbia). SENATE REPORTS: No. 99-477 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 28, considered and passed House. Vol. 132 (1986): Oct. 3, considered and passed Senate, amended. Oct. 10, House concurred in Senate amendment.

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PUBLIC LAW 99-574—OCT. 28, 1986

Public Law 99-574 99th Congress An Act Oct. 28, 1986 [H.R. 4354]

National Bureau of Standards Authorization Act for Fiscal Year 1987.

To authorize appropriations to the Secretary of Commerce for the programs of the National Bureau of Standards for fiscal year 1987, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Bureau of Standards Authorization Act for Fiscal Year 1987". AUTHORIZATION FOR FOREIGN ACTIVITIES

SEC. 2. (a) There are authorized to be appropriated to the Secretary of Commerce (hereinafter referred to as the "Secretary") for fiscal year 1987, to carry out the activities performed by the National Bureau of Standards, the sums set forth in the following line items: (1) Measurement Research and Standards, $36,582,000; (2) Materials Science and Engineering, $21,228,000; (3) Engineering Measurements and Standards, $35,875,000; (4) Computer Science and Technology, $7,500,000; and (5) Research Support Activities, $22,768,000. (b) Notwithstanding any other provision of this or any other Act— (1) of the amounts authorized under subsection (a), $1,900,000 is authorized only for steel technology; (2) of the amount authorized under paragraph (3) of subsection (a), $3,470,000 is authorized only for the Center for Building Technology and $5,402,000 is authorized only for the Center for Fire Research; (3) of the amount authorized under paragraph (4) of subsection (a), $1,000,000 is authorized only for Computer Security Activities; (4) of the amount under paragraph (5) of subsection (a), $6,763,000 is authorized only for the Technical Competence Fund; and (5) of the amount authorized under paragraph (5) of subsection (a), $6,500,000 is authorized only for the design, equipment, and construction of the Cold Neutron Research Facility. (c)(1) Funds may be transferred among the line items listed in subsection (a) so long as the net funds transferred to or from any line item do not exceed 10 percent of the amount authorized for that line item in each subsection. (2) In addition, the Secretary may propose transfers to or from any line item exceeding 10 percent of the amount authorized for that line item in subsection (a); but a full and complete explanation of any such proposed transfer and the reason therefor must be transmitted in writing to the Speaker of the House of Representatives, the President of the Senate, and the appropriate authorizing committees of the House of Representatives and the Senate, and the proposed transfer may be made only when thirty calendar days have passed after the transmission of such written explanation.

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(d) The National Bureau of Standards shall seek reimbursements of not less than $500,000 from other Federal agencies to expand its efforts in support of basic scientific research on the atmospheric, climatic, and environmental consequences of nuclear explosions and nuclear exchanges.

Research and development.

OFFICE OF PRODUCTIVITY, TECHNOLOGY, AND INNOVATION

SEC. 3. In addition to the sums authorized by section 2, there is authorized to be appropriated to the Secretary for fiscal year 1987 the sum of $2,248,000 for the activities of the Office of Productivity, Technology, and Innovation. NATIONAL TECHNICAL INFORMATION SERVICE

SEC. 4. In addition to the sums authorized by sections 2 and 3, there is authorized to be appropriated to the Secretary for fiscal year 1987 the sum of $500,000 for the patent licensing activities of the National Technical Information Service. AVAILABILITY OF APPROPRIATIONS

SEC. 5. Appropriations made under the authority provided in this Act shall remain available for obligation, for expenditure, or for obligation and expenditure for periods specified in the Acts making such appropriations. FINANCIAL ASSISTANCE TO CURRENT AND PROSPECTIVE EMPLOYEES

SEC. 6. (a) In order to secure the services of the broadest possible range of talent in carrying out the programs of the National Bureau of Standards, the Act of March 3, 1901 (15 U.S.C. 271-278h) is amended by redesignating section 18 as section 19 and by inserting after section 17 the following new section: "SEC. 18. The Director is authorized to expend up to 1 per centum of the funds appropriated for activities of the National Bureau of Standards in any fiscal year, as the Director may deem desirable, for awards of research fellowships and other forms of financial assistance to students at institutions of higher learning within the United States who show promise as present or future contributors to the mission of the Bureau. The selection of persons to receive such fellowships and assistance shall be made on the basis of ability and of the relevance of the proposed work to the mission and programs of the Bureau.". Q}) The amendments made by subsection (a) shall be effective October 1, 1986.

15 USC 278h. Fellowships. Loans. Grants. Education. 15 USC 278g-l.

Effective date. 15 USC 278g-l note.

ASSESSMENT OF EMERGING TECHNOLOGIES REQUIRING RESEARCH IN METROLOGY

SEC. 7. The Board of Assessment of the National Bureau of Standards programs shall include, as part of its annual review, an assessment of emerging technologies which are expected to require research in metrology to keep the Bureau abreast of its mission, including (but not limited to) Process and Quality Control, Technology Transfer, Engineering Databases, High-Performance Composites, Advanced Ceramics, Fiber Optics, Microwave Metrology, Bioprocess Engineering, and Advanced Computing Concepts. Such review shall include estimates of the cost of the required effort.

15 USC 282a.

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the required staffing level, and the period over which the research will be required.

15 USC 278h. 15 USC 27ih. Fellowships. 15 USC 278g-2.

Effective date. 15 USC 278g-2 note.

POST-DOCTORAL FELLOWSHIP PROGRAM

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SEC. 8. (a) The Act of March 3, 1901 (15 U.S.C. 271-271h), as amended by section 6 of this Act, is further amended by redesignating section 19 as section 20 and by inserting after section 18 the following new section: "SEC. 19. The National Bureau of Standards, in conjunction with the National Academy of Sciences, shall establish and conduct a post-doctoral fellowship program which shall be organized and carried out in substantially the same manner as the National Academy of Sciences/National Research Council Post-Doctoral Research Associate Program that was in effect prior to 1986, and which shall include not less than twenty nor more than forty new fellows per fiscal year.". (b) The amendments made by subsection (a) shall be effective October 1, 1987. PROCESS AND QUAUTY CONTROL AND CALIBRATION PROGRAMS

Research and development.

Reports.

-'

SEC. 9. (a) The Director of the National Bureau of Standards shall hold discussions with representatives of Federal agencies, including the Department of Defense, the Department of Energy, the National Aeronautics and Space Administration, the Federal Aviation Administration, the National Institutes of Health, the Nuclear Regulatory Commission, and the Federal Communications Commission, which use (or the contractors of which depend on) the process and quality control and calibration programs of the Bureau, and with companies, organizations, and major engineering societies from the private sector, in order to determine the extent of the demand for research and services under such programs, the appropriate methods of paying for research and services under such programs, and the willingness of Federal agencies and the private sector to pay for such research and services. (b) Within six months after the date of the enactment of this Act, the Director shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the Director's findings based on the discussions held under subsection (a), together with recommendations for such legislative actions as may be needed to implement a comprehensive Federal process and quality control and calibration program. DEMONSTRATION PROJECT RELATING TO PERSONNEL MANAGEMENT

15 USC 275 note.

SEC. 10. (a)(1) The Office of Personnel Mansigement and the National Bureau of Standards shall jointly design a demonstration project which shall be conducted by the Director of the National Bureau of Standards. (2) The demonstration project shall, except as otherwise provided in this section, be conducted in accordance with section 4703 of title 5, United States Code, and shall be counted as a single project for purposes of subsection (d)(2) of such section. (3) Subject to subsections (f) and (g) of section 4703 of title 5, United States Code, the demonstration project shall cover any posi-

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^

100 STAT. 3239

tion within the National Bureau of Standards which would otherwise be subject to— (A) subchapter III of chapter 53 of title 5, United States Code, 5 USC 5331. relating to the General Schedule; (B) subchapter VIII of chapter 53 of title 5, United States 5 USC 5381. Code, relating to the Senior Executive Service; or (C) chapter 54 of title 5, United States Code, relating to the 5 USC 5401 et Performance Management and Recognition System. Bureau of Standards shall provide that— (1) the rate of basic pay for a position may not be less than the ^' minimum rate of basic pay, nor more than the maximum rate of basic pay, payable for the pay band (as referred to in paragraph (3)) within which such position has been placed; (2) the minimum and maximum rates of basic pay for each pay band shall be adjusted at the times, and by the amounts, provided for under subsection (c); (3) positions shall be classified under a system using pay i bands which shall be established by combining or otherwise ' modifying the classes, grades, or other units which would otherwise be used in classifying the positions involved; (4) employees shall be evaluated under a performance appraisal system which— (A) uses peer comparison and ranking wherever appropriate; and (B) affords appeal rights comparable to those afforded under chapter 43 of title 5, United States Code; 5 USC 4301 et (5)(A) the rate of basic pay of each participating employee will *^9be reviewed annually, and shall be adjusted on the basis of the appraised performance of the employee; and (B) subject to subsection (c)(4)(A)(i), the adjustment under subparagraph (A) in any year in the case of any employee whose performance is rated at the fully successful level or higher shall be at least the percentage adjustment taking effect under subsection (c)(3) in such year; (6) appropriate supervisory and managerial pay differentials (which shall be considered a part of basic pay) shall be provided; (7) performance-recognition bonuses, and recruitment and I retention allowances, shall be awarded in appropriate circumstances (but shall not be considered a part of basic pay); (8) there shall be an employee development program which includes provisions under which employees may, in appropriate circumstances, be granted sabbaticals, the terms and conditions of which shall be consistent with those applicable for members of the Senior Executive Service under section 3396(c) of title 5, ij. United States Code (excluding paragraph (2)(B) thereof); h (9) payment of travel expenses shall be provided for personnel to their first post of duty in the same manner as is authorized for members of the Senior Executive Service under section 5723 r, of title 5, United States Code, at the discretion of the Director; and (10) the methods of establishing qualification requirements for, recruitment for, and appointment to positions shall, at the discretion of the Director, include methods involving direct examination and hiring.
 * ^9(b) Under the demonstration project, the Director of the National

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Contracts. Reports.

Ss P

PUBLIC LAW 99-574—OCT. 28, 1986

(c)(1) For the purpose of this subsection, the term "compensation" means the total value of the various forms of compensation provided, including— (A) basic pay; (B) bonuses; . . . (C) allowances; t (D) retirement benefits; (E) health insurance benefits; (F) life insurance benefits; and (G) leave benefits. (2) The Director of the National Bureau of Standards shall, by contract or otherwise, provide for the preparation of reports which, based on appropriate surveys— (A) shall include findings as to— (i) the extent to which, as of the commencement of the demonstration project, the overall average level of compensation provided with respect to positions under the demonstration project is deficient in comparison to the overall average level of compensation generally provided ... with respect to positions involving the same types and levels of work in the private sector; and ^. r,^ (ii) with respect to each year thereafter, any net incresise ' occurring during such year in the extent of the deficiency „ in the overall average level of compensation provided with respect to positions under the demonstration project, as compared to the overall average level of compensation generally provided with respect to positions involving the same types and levels of work in the private sector; and (B) shall recommend a single percentage by which basic pay for all positions under the demonstration project must be in^. creased so that, when considered in conjunction with the other forms of compensation generally provided, any net increase determined under subparagraph (A)(ii) will be eliminated. (3) Whenever the Director of the National Bureau of Standards receives a recommendation under paragraph (2)(B), the Director— (A) shall increase the minimum and maximum rates of basic pay for each such pay band by the lesser of— (i) the percentage recommended; or (ii) the overall average percentage of the adjustment in the rates of pay under the General Schedule under section 5305 of title 5, United States Code, for the period involved; and (B) if and to the extent that funds are available for that purpose, may further increase those minimum and maximum rates— (i) to make up for any part of the difference between the respective percentages under subparagraph (A), if the percentage under subparagraph (A)(ii) is the lesser; and (ii) after making up for the entirety of any difference determined under clause (i) (including from any previous year), to eliminate any part of any remaining deficiency as originally determined under paragraph (2)(A)(i). (4)(A) Notwithstanding any other provision of this section— ^^ (i) the maximum rate of basic pay payable under any pay • band may not exceed the rate of basic pay payable for level IV of the Executive Schedule; and

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(ii) the amount of basic pay, bonuses, and allowances paid during any fiscal year to any employee participating in the demonstration project may not, in the aggregate, exceed the annual rate of basic pay payable for level I of the Executive Schedule. (B)(i) Any amount which is not paid to an employee during a fiscal year because of the limitation under subparagraph (A)(ii) shall be paid in a lump sum at the beginning of the following fiscal year. (ii) Any amount paid under this subparagraph during a fiscal year shall be taken into account for purposes of applying the limitation under subparagraph (A)(ii) with respect to such fiscal year. (5) Notwithstanding any other provision of this section, the demonstration project shall be conducted in such a way so that, with respect to the 12-month period beginning on October 1, 1986, the total cost to the Government relating to providing compensation to participating employees shall not exceed the total cost which would have resulted if this section had not been enacted. (6)(A) If the minimum rate of basic pay for a pay band, after an increase under paragraph (3)(A), exceeds the rate of basic pay payable to an employee whose position would otherwise be within such pay band, the employee's position may, notwithstanding subsection (b)(1), be placed in the next lower pay band. (B) Placement of a position in a lower pay band under subparagraph (A) shall not be considered a reduction in grade or pay for purposes of subchapter II of chapter 75 of title 5, United States Code, or a comparable provision under the project. (d)(1) The rate of basic pay for an employee serving in a position at the time it is converted to a position covered by the demonstration project may not be reduced by reason of the establishment of such project. (2)(A) Each employee referred to in paragraph (1) shall be paid— (i) in the case of an employee serving in a position under the General Schedule on the date the position becomes covered by the demonstration project, a lump-sum pro rata share of the equivalent of any within-grade increase which would have been due the employee under section 5335 of title 5, United States Code, computed as provided in subparagraph (B), and (ii) in the case of an employee serving in a position subject to chapter 54 of title 5, United States Code, on such date, a lumpsum pro rata share of the equivalent of the employee's merit increase which would have been due under such chapter, computed as provided in subparagraph (B), taking into account the performance requirements applicable to such increase. (B) For purposes of subparagraph (A), the pro rata share of an equivalent increase referred to in such subparagraph shall be computed through the day before the date referred to in such subparagraph. (e)(1)(A) In carrying out section 4703(h) of title 5, United States Code, with respect to the demonstration project, the Office of Personnel Management shall provide that such project will be evaluated on an annual basis by a contractor. Such contractor shall be especially qualified to perform the evaluation based on its expertise in matters relating to personnel management and compensation. (B) The contractor shall report its findings to the Office in writing. After considering the report, the Office shall transmit a copy of the

5 USC 7511.

5 USC 5401 et seq.

Reports.

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Reports.

Contracts.

PUBLIC LAW 99-574—OCT. 28, 1986

report, together with any comments of the Office and any comments submitted by the National Bureau of Standards, to— (i) the Committee on Post Office and Civil Service, and the '3v^ Committee on Science and Technology, of the House of Representatives; and • * • (ii) the Committee on Governmental Affairs, and the Committee on Commerce, Science, and Transportation, of the Senate. (2) The Comptroller General shall, not later than 4 years after the date on which the demonstration project commences, submit to each of the committees referred to in paragraph (I)(B) a final report concerning such project. Such report shall include any recommendations for legislation or other action which the Comptroller General considers appropriate. (f) The authority to enter into any contract under this section may be exercised only to such extent or in such amounts as are provided in advance in appropriation Acts. (g) The demonstration project shall commence not later than January 1, 1988. 1.

Approved October 28, 1986.

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LEGISLATIVE HISTORY—H.R. 4354 (S. 2664): HOUSE REPORTS: No. 99-617 (Comm. on Science and Technology) and Pt. 2 (Comm. on Post Office and Civil Service). SENATE REPORTS: No. 99-399 accompanying S. 2664 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): .^,,y Aug. 12, considered and passed House. • Oct. 3, considered and passed Senate, amended. ' Oct. 10, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 28, Presidential statement.

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Public Law 99-575 99th Congress An Act To authorize certain transfers affecting the Pueblo of Santa Ana in New Mexico, and for other purposes.

Oct. 28, 1986 [H.R. 4873]

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

Real property.

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MINERAL RIGHTS HELD IN TRUST

1. (a) All rights, title, and interests of the United States in the mineral estate of Section 19, Township 13 North, Range 4 East, New Mexico Principal Meridian, are hereby declared to be held by the United States in trust for the benefit of the Pueblo of Santa Ana. (b) The United States hereby waives any claims or charges the Claims. United States may have or have assessed against the Pueblo of Santa Ana, including any claims for trespass, arising out of, or related to, the removal or exploitation by the Pueblo of Santa Ana of any minerals underlying Section 19, Township 13 North, Range 4 East, New Mexico Principal Meridian. (c) The Pueblo of Santa Ana and anyone acting on behalf of, or under the authority of, the Pueblo of Santa Ana may enter upon any lands within Section 19, Township 13 North, Range 4 East, New Mexico Principal Meridian, for the purposes of mining or otherwise removing or exploiting any minerals in such lands only if— (1) the Pueblo of Santa Ana holds legal title to the surface estate of such lands, (2) legal title to the surface estate of such lands is held by any person for the benefit of the Pueblo of Santa Ana, or (3) the person holding legal title to the surface estate of such lands provides written consent for such entry. SECTION

ADDITIONAL LANDS HELD IN TRUST; TECHNICAL AMENDMENTS

SEC. 2. (a) Public Law 95-498 is amended by striking out "That all 92 Stat. 1672. right" after the enacting clause and inserting in lieu thereof "That (a) all right". (b) Subsection (a) of the first section of Public Law 95-498 is amended— (1) by striking out the comma after "northwest quarter" in the nineteenth line of the paragraph relating to Section 23, Township 13 North, Range 3 East, New Mexico Principal Meridian (92 Stat. 1673), (2) by striking out "Rec. PP CL 10/10/62 and" in the paragraph relating to such Section 23, (3) by striking out "northeast quarter, northeast quarter" in the fourth line of the paragraph relating to Section 25, Township 13 North, Range 3 East, New Mexico Principal Meridian • i (92 Stat. 1673) and inserting in lieu thereof "northeast quarter, southeast quarter".

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92 Stat. 1676.

92 Stat. 1677.

PUBLIC LAW 99-575—OCT. 28, 1986

(4) by striking out "7, 8 and bed" in the paragraph relating to Section 9, Township 13 North, Range 4 East, New Mexico Principal Meridian (92 Stat. 1674) and inserting in lieu thereof "7 and bed", (5) by inserting the following new paragraph after the paragraph relating to Section 6, Township 14 North, Range 3 East, New Mexico Principal Meridian (92 Stat. 1674): "Section 36: Lotsl, 4, 8, 9, Northeast quarter northeast quarter,", and (6) by inserting the following new paragraph after the paragraph relating to section 31 of Township 14 North, Range 4 East (92 Stat. 1675)": "Section 32: Southwest quarter, southwest quarter southeast quarter,". (c) Section 4 of Public Law 95-498 is amended— (1) by striking out "Nothing in this" in subsection (a) and inserting in lieu thereof "(1) Nothing in this", and (2) by adding at the end of subsection (a) the following new paragraph: "(2) The United States retains an easement of access for the purpose of operating and maintaining the Jemez Canyon Dam upon existing rights-of-way over the lands that are declared to be held in trust of the benefit of the Pueblo of Santa Ana under this Act. The Pueblo of Santa Ana shall enjoy full use of such rights-of-way to the extent such use does not interfere with the reasonable operation and maintenance of the Jemez Canyon Dam.". (d) Subsection (a) of section 7 of Public Law 95-498 is amended by striking out "2004.05 acres" and inserting in lieu thereof "1678.05". (e) Lots 7 and 8, section 5, Township 14 North, Range 3 East, N.M.P.M. containing 18.04 acres more or less, are hereby declared to be held in trust by the United States for the exclusive benefit of the Pueblo of Zia. EXCHANGE OF LANDS

SEC. 3. (a)(1) Notwithstanding the provisions of the Act of August 19, 1935 (49 Stat. 659, chapter 559), or of the patent issued thereunder (Patent No. 1079219), the Regents of the University of New Mexico are hereby authorized to convey to the United States, and the United States shall accept in trust for the benefit of the Pueblo of Santa Ana, all or any part of the following tracts of land, which were patented to such Regents under authority of the Act of August 19, 1935 (49 Stat. 659, chapter 559): Lots 7, 8, and 9 and the Northwest quarter of Section 30, Township 13 North, Range 4 East, New Mexico Principal Meridian, New Mexico, containing 218.3 acres, more or less. (2) Upon the conveyance of any portion of the lands described in paragraph (1) to the United States in trust for the benefit of the Pueblo of Santa Ana, the restriction that the lands,described in paragraph (1) be used for archeological purposes only, which is contained in the patent conveying the lands described in paragraph (1) to the Regents of the University of New Mexico pursuant to the Act of August 19, 1935 (49 Stat. 659, chapter 559), shall cease to be applicable to the portion of the lands described in paragraph (1) that is conveyed to the United States in trust for the benefit of the Pueblo of Santa Ana.

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 -&'4\-ii'.

PUBLIC LAW 99-575—OCT. 28, 1986

100 STAT. 3245

(3) If the Pueblo of Santa Ana determines to develop those lands conveyed under paragraph (1) that are located within 100 yards of the boundary of the Coronado State Monument archeological site, the Pueblo of Santa Ana shall— (A) meet, and confer in good faith, with representatives of the Museum of New Mexico with respect to the potential adverse impacts of such proposed development on the Coronado State > Monument archeological site, in order to try to insure that any development of that portion of such lands is consistent with the existing use of such Monument; (B) consider all mitigation measures proposed by the Museum of New Mexico that lessen the adverse impact of the proposed development and preserve the aesthetic and related values associated with such Monument's archeological resources; and (C) to the maximum extent practicable and consistent with the development plan of the Pueblo of Santa Ana, take all reasonable measures that will mitigate any adverse impacts of the proposed development on that portion of such lands. Ob) The Pueblo of Santa Ana is hereby authorized to convey to the Regents of the University of New Mexico, and the Regents of the University of New Mexico are hereby authorized to accept from the Pueblo of Santa Ana, a parcel of land within the El Ranchito Grant owned by the Pueblo of Santa Ana pursuant to Patent No, 84386, dated October 18, 1909, in exchange for the lands conveyed to the Pueblo of Santa Ana under subsection (a). (c)(1) By no later than the date that is 60 days after the date of enactment of this Act, the Secretary of the Interior shall publish in the Federal Register the exact legal descriptions of the parcels to be conveyed under subsections (a) and (b), as such parcels are described by the terms of the Settlement Agreement agreed to by the Pueblo of Santa Ana, the Regents of the University of New Mexico, the United States of America, the State of New Mexico, the Museum of New Mexico, and the Park and Recreation Division of the New Mexico State Natural Resources Division on November 12, 1985. (2) The conveyances authorized under subsections (a) and (h)— (A) shall be made in accordance with the Settlement Agreement described in paragraph (1), and (B) shall be made only after the legal descriptions of all lands to be conveyed under such subsections have been published in accordance with the requirements of paragraph (1). (d) Upon the completion of the conveyances authorized herein, the south boundary of the Santa Ana Pueblo Reservation shall be extended to the south so as to include the land conveyed to the Pueblo of Santa Ana.

Federal Register, publication.

GENERAL PROVISIONS

SEC. 4. (a)(1) Nothing in this Act shall deprive any person (other than the United States) of— (A) any existing right of use, possession, contract right, interest, or title which that person may have in any of the trust lands within the purview of this Act, or (B) any existing right of access to public domain lands over and across such trust lands.

Public lands.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/510

 100 STAT. 3246 Mines and mining. Petroleum and petroleum products. Mines and mining. Petroleum and petroleum products.

25 USC 415.

Effective date. 25 USC 415 note. Effective date. Federal Register, publication.

PUBLIC LAW 99-575—OCT. 28, 1986

(2) All existing mineral leases involving lands declared to be held in trust by this Act, including oil and gas leases, which may have been issued or approved pursuant to any other Federal law prior to the date of enactment of this Act shall remain in force and effect in accordance with the provisions of such other law. (3) Notwithstanding any other provisions of law, all applications for mineral leases involving lands declared to be held in trust by this Act, including oil and gas leases, pending on the date of enactment of this Act shall be rejected and the advance rental payments returned to the applicants. (b) Subject to the provisions of subsection (a), any property held in trust by reason of this Act for the benefit of the Pueblo of Santa Ana shall be administered in accordance with the laws and regulations applicable to other property held in trust by the United States for the Indian tribe of the Pueblo of Santa Ana. SEC. 5. The second sentence of subsection (a) of section 1 of the Act approved August 9, 1955 (69 Stat. 539) is amended by inserting the term "the Pueblo of Santa Ana (with the exception of the lands known as the 'Santa Ana Pueblo Spanish Grant')" after the words "the Dania Reservation,". SEC. 6. (a) Except as otherwise provided in this section, the provisions of this Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act. (b)(1) The provisions of subsections (a) and (b) of section 1 shall take effect on the day on which the Secretary of the Interior publishes in the Federal Register notice of a determination made by the Secretary of the Interior that the Pueblo of Santa Ana has consented to private easements of access over lands held by, or on behalf of, the Pueblo of Santa Ana, as recommended by the Secretary of the Interior, in accordance with the provisions of part 169 of title 25, Code of Federal Regulations, to each person— (A) who without such an easement has no practical surface person, and (B) who has submitted to the Pueblo of Santa Ana and to the Secretary of the Interior an application for such an easement, in V accordance with part 169 of such title, before the date that is 90 , days after the date of enactment of this Act.
 * ingress or egress to property owned in fee simple by such

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 PUBLIC LAW 99-575—OCT. 28, 1986

100 STAT. 3247

(2) The Secretary of the Interior may make a determination under paragraph (1) at any time after the date of enactment of this Act, but the Secretary of the Interior shall make a determination of whether the Pueblo of Santa Ana has consented to easements of access to each person described in paragraph (1) by no later than the date that is 30 days after the date on which the Pueblo of Santa Ana requests the Secretary of the Interior to make such a determination. Approved October 28, 1986. j/.f

•' •; A \

, t-

LEGISLATIVE HISTORY—H.R. 4873: HOUSE REPORTS: No. 99-818 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and passed House. Oct. 6, considered and passed Senate, amended. Oct. 15, House concurred in Senate amendment.

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 100 STAT. 3248

PUBLIC LAW 99-576—OCT. 28, 1986

Public Law 99-576 99th Congress An Act Oct. 28, 1986 [H.R. 5299] Veterans' Benefits Improvement and Health-Care Authorization Act of 1986. 38 USC 101 note.

• '

To amend title 38, United States Code, to increase the rates of compensation and dependency and indemnity compensation for veterans and survivors, and to improve veterans' health-care, education, employment, housing, and national cemetery 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; REFERENCES TO TITLE 38, UNITED STATES CODE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Veterans' Benefits Improvement and Health-Care Authorization Act of 1986". (b) REFERENCES TO TITLE 38.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. (c) TABLE OF CONTENTS.—The table of contents of this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; references to title 38, United States Code; table of contents.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE I—COMPENSATION INCREASES AND OTHER COMPENSATION MATTERS 101. Disability compensation. 102. Additional compensation for dependents. 103. Clothing allowance for certain disabled veterans. 104. Dependency and indemnity compensation for surviving spouses. 105. Dependency and indemnity compensation for children. 106. Supplemental dependency and indemnity compensation for children. 107. Effective date for rate increases. 108. Improved benefits for former prisoners of war. 109. Special consideration for loss of paired organs or extremities. TITLE II—HEALTH CARE AND MEDICAL FACILITIES Part A—Health-Care Programs

Sec. 201. Respite care. Sec. 202. Home health services. Sec. 203. Continuation of certain counseling services for a deceased veteran's family members. Sec. 204. Transition period for readjustment counseling centers. Sec. 205. Therapeutic and rehabilitative activities. Sec. 206. Contracts and grants for medical care for United States veterans in the Republic of the Philippines. Sec. 211. Sec. 212. Sec. 213. Sec. 214. Sec. 215.

Part B—Health-Care Administration Enforcement of State and local traffic laws by Veterans' Administration police officers. Regional medical education centers. Period of obligated service under scholarship program. Period of appointment of certain temporary and part-time health-care personnel. Report on a national drug file.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3249

Sec. 216. Stipend for participation in study of Vietnam-era veterans' psychological problems. Sec. Sec. Sec. Sec.

221. 222. 223. 224.

Sec. 231. Sec. 232. Sec. 233. Sec. 234. Sec. 235. Sec. 236. Sec. 237.

Parte—Facility Construction and Planning Consideration of sharing Department of Defense facilities. Annual report on facilities construction. Parking facilities. Revision of State home construction grant program. Part D—Miscellaneous Modification of certain reporting requirements. Ionizing Radiation Registry. Requirement for Medicare hospitals to participate in Veterans' Administration contract health-care program. Prohibition against excessing of certain Veterans' Administration properties. Report on treatment and services for chronically mentally ill veterans. Designation of Veterans' Administration Medical Center in Phoenix, Arizona. Technical amendments. TITLE III—EDUCATION AND EMPLOYMENT

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Part A—Education 301. Apprenticeship or other on-job training under the New GI Bill. 302. Educational assistance for correspondence courses under the New GI Bill. 303. Provisions relating to reduction of pay in the New GI Bill. 304. Advisory committee amendments. 305. Certification under New GI Bili. 306. Bar to duplication of benefits. 307. Adjustment of delimiting period for individuals entitled to certain combined benefits. 308. Work-study allowance under the New GI Bill and the post-Vietnam era veterans' educational assistance program. 309. Termination of enrollments in post-Vietnam era veterans' educational assistance program. 310. On-job training under post-Vietnam era veterans' educational assistance program. 311. Duration of and limitations on entitlement to post-Vietnam era veterans' educational assistance. 312. Educational and vocational counseling. 313. Delimiting period under the survivors' and dependents' educational assistance program. 314. Elimination of the requirement for an education plan for survivors and dependents. 315. Measurement of certain noncollege degree courses. 316. Payment of educational assistance for certain less-than-half-time training. 317. Prohibition on benefits under more than one educational assistance progrsun. 318. Reporting requirements for educational institutions. 319. Prohibition of a term-by-term certification requirement. JH 320. Commission to assess veterans' education policy. 321. Technical and clerical amendments.

Part B—Employment and Other Programs Sec. 331. Employment rights of certain individuals. Sec. 332. Veterans' readjustment appointments. Sec. 333. Extension of program of independent living services and assistance. TITLE IV—HOUSING PROGRAMS AND NATIONAL CEMETERIES Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407.

Part A—Housing Specially adapted housing. Credit underwriting and loan processing standards. Foreclosure information. Competitive contracting requirements. Authority to transfer funds. Use of attorneys in home loan foreclosures. Appraisals.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/514

 100 STAT. 3250

PUBLIC LAW 99-576—OCT. 28, 1986

Sec. 408. Furnishing information to real estate professionals to facilitate the disposition of properties. Sec. 409. Home loan origination fee. Sec. Sec. Sec. Sec.

411. 412. 413. 414.

Part B—National Cemeteries National cemetery grave markers. Reports on the National Cemetery System. Memorial areas in Arlington National Cemetery. Authority to establish national cemeteries.

'

, " '

,'"T "*'

TITLE V—ADMINISTRATIVE PROVISIONS Sec. 501. Clarification of requirement for a detailed plan and justification for administrative reorganization. Sec. 502. Collocation of regional offices and medical centers. Sec. 503. Effective date of discontinuance of certain benefits paid to incompetent individuals. Sec. 504. Administrative debt collection by offset of benefits. ii'. • > Sec. 505. Disclosure of financial information by fiduciaries. TITLE VI—EXEMPTION OF CERTAIN PROGRAMS FROM BUDGET REDUCTION Sec. 601. Treatment of certain veterans' programs under Balanced Budget and Emergency Deficit Control Act of 1985. TITLE VII—MISCELLANEOUS Sec. 701. Elimination of gender-based language distinctions in title 38. Sec. 702. General technical amendments. Sec. 703. Technical amendments to provisions enacted by Veterans' Benefits Improvement Act of 1984.

TITLE I—COMPENSATION INCREASES AND OTHER COMPENSATION MATTERS SEC. 101. DISABILITY COMPENSATION.

i m

(a) IN GENERAL.—Section 314 is amended— (1) by striking out "$68" in subsection (a) and inserting in lieu thereof "$69"; (2) by striking out "$126" in subsection (b) and inserting in ,, lieu thereof "$128"; (3) by striking out "$191" in subsection (c) and inserting in lieu thereof "$194"; (4) by striking out "$274" in subsection (d) and inserting in lieu thereof "$278"; (5) by striking out "$388" in subsection (e) and inserting in lieu thereof "$394"; (6) by striking out "$489" in subsection (f) and inserting in lieu thereof "$496"; (7) by striking out "$617" in subsection (g) and inserting in lieu thereof "$626"; (8) by striking out "$713" in subsection (h) and inserting in lieu thereof "$724"; (9) by striking out "$803" in subsection (i) and inserting in lieu thereof "$815"; (10) by striking out "$1,335" in subsection (j) and inserting in lieu thereof "$1 355"' (11) by striking out "$62", "$1,659", and "$2,325" in subsection (k) and inserting in lieu thereof "$63", "$1,684", and "$2,360", respectively; (12) by striking out "$1,659" in subsection (1) and inserting in lieu thereof "$1,684";

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Page:United States Statutes at Large Volume 100 Part 4.djvu/515

 • ' •.Sb^i.'"

PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3251

,i J

(13) by striking out "$1,829" in subsection (m) and inserting in lieu thereof "$1,856"; (14) by striking out "$2,080" in subsection (n) and inserting in lieu thereof "$2,111"; !: (15) by striking out "$2,325" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$2,360"; (16) by striking out "$998" and "$1,487" in subsection (r) and and (17) by striking out "$1,494" in subsection (s) and inserting in lieu thereof "$1,516". (b) SPECIAL RULE.—The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. ^ ^
 * inserting in lieu thereof "$1,013" and "$1,509", respectively;

38 USC note prec. lOl. 33 ^gc 301 et

SEC. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS.

s«9

'

38 USC 314 note,

Section 315(1) is amended— (1) by striking out "$81" in clause (A) and inserting in lieu thereof "$82"; (2) by striking out "$136" and "$43" in clause (B) and inserting in lieu thereof "$138" and "$44", respectively; (3) by striking out "$56" and "$43" in clause (C) and inserting in lieu thereof "$57" and "$44", respectively; (4) by striking out "$66" in clause (D) and inserting in lieu thereof "$67"; (5) by striking out "$147" in clause (E) and inserting in lieu thereof "$149"; and (6) by striking out "$124" in clause (F) and inserting in lieu thereof "$126". SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

Section 362 is amended by striking out "$360" and inserting in lieu thereof "$365". SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. ,,.,,

Section 411 is amended— (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: "Pay grade E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9

Monthly rate $498 513 526 560 574 587 616 650 »679

Pay grade W-4 0-1 0-2 0-3 0-4 0-5 0-6 0-7 0-8

Monthly rate $714 630 650 696 736 811 914 988 1,083

.

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 100 STAT. 3252

PUBLIC LAW 99-576—OCT. 28, 1986

"Pay grade W-1 W-2 W-3

Monthly rate 630 655 674

Pay grade 0-9 O-IO

Monthly rate 1,162 21,274

" ' If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $733. "''If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,365.";

"

"'

38 USC 413.

38 USC 314 note.

(2) by striking out "$57" in subsection (b) and inserting in lieu thereof "$58"; (3) by striking out "$147" in subsection (c) and inserting in ' lieu thereof "$149"; and (4) by striking out "$72" in subsection (d) and inserting in lieu thereof "$73". SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. Section 413 is amended— (1) by striking out "$247" in clause (1) and inserting in lieu thereof "$251"; (2) by striking out "$356" in clause (2) and inserting in lieu thereof "$361"; (3) by striking out "$460" in clause (3) and inserting in lieu thereof "$467"; and (4) by striking out "$460" and "$93" in clause (4) and inserting in lieu thereof "$467" and "$94", respectively. SEC. 106. SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. Section 414 is amended— (1) by striking out "$147" in subsection (a) and inserting in lieu thereof "$149"; (2) by striking out "$247" in subsection (b) and inserting in lieu thereof "$251"; and (3) by striking out "$126" in subsection (c) and inserting in lieu thereof "$128". SEC. 107. EFFECTIVE DATE FOR RATE INCREASES. The amendments made by sections 101 through 106 shall take effect on December 1, 1986, except that such amendments shall not take effect unless benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1986, as a result of a determination under section 215(i) of such Act (42 U.S.C 415(i)). SEC. 108. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR. (a) PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISABIL-

38 USC 312 note.

ITIES.—Section 312(b) is amended— (1) by striking out "or" at the end of clause (9); and (2) by inserting after clause (10) the following new clauses: "(11) organic residuals of frostbite, if the Administrator determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite, or "(12) post-traumatic osteoarthritis,". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as of October 1, 1986.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3253

SEC. 109, SPECIAL CONSIDERATION FOR LOSS OF PAIRED ORGANS OR EXTREMITIES.

(a) REVISION as follows:

OF SECTION

360.—(1) Section 360 is amended to read

"§ 360. Special consideration for certain cases of loss of paired organs or extremities "(a) Where a veteran has suffered— "(1) blindness in one eye as a result of service-connected disability and blindness in the other eye as a result of non(.,. r^.. service-connected disability not the result of the veteran's own willful misconduct; "(2) the loss or loss of use of one kidney as a result of serviceconnected disability and involvement of the other kidney as a result of non-service-connected disability not the result of the veteran's own willful misconduct; "(3) total deafness in one ear as a result of service-connected disability and total deafness in the other ear as the result of non-service-connected disability not the result of the veteran's own willful misconduct; "(4) the loss or loss of use of one hand or one foot as a result of service-connected disability and the loss or loss of use of the other hand or foot as a result of non-service-connected disability ,. *,,^; not the result of the veteran's own willful misconduct; or "(5) permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a non-serviceconnected disability of the other lung that is not the result of the veteran's own willful misconduct, the Administrator shall assign and pay to the veteran the applicable C. -»'>;i: rate of compensation under this chapter as if the combination of disabilities were the result of service-connected disability. "(b) If a veteran described in subsection (a) of this section receives Gifts and any money or property of value pursuant to an award in a judicial property, proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected disability described in such subsection, the increase in the rate of compensation otherwise payable under this section shall not be paid for any month following a month in which any such money or property is received until such time as the total of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received.". (2) The item relating to such section in the table of sections at the beginning of cha^ ter 11 is amended to read as follows: "360. Special consideration for certain cases of loss of paired organs or extremities.". (b) CONFORMING AMENDMENT.—Subsection (t) of section 314 is

repealed. (c) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) In the case of an award of compensation for a disability described in clause (1), (2), (3), or (5) of subsection (a) of section 360 of title 38, United States Code, as amended by subsection (a) of this section, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act.

71-19A 0 - 89 - 18: QL. 3 PartA

38 USC 360 note.

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 100 STAT. 3254

PUBLIC LAW 99-576—OCT. 28, 1986 TITLE II—HEALTH CARE AND MEDICAL FACILITIES

' ""

^

PART A—HEALTH-CARE PROGRAMS

SEC. 201. RESPITE CARE.

(a) AUTHORITY FOR RESPITE CARE PROGRAM.—(1) Subchapter II of chapter 17 is amended by adding at the end the following new section: . .^,.,. _ 38 USC 620B.

Termination date.

"§ 620B. Respite care "(a) The Administrator may furnish respite care services to a veteran who is eligible to receive care under section 610 of this title. "(b) For the purpose of this section, the term 'respite care' means hospital or nursing home care which— -i'U? ikj::im "(1) is of limited duration; "(2) is furnished in a Veterans' Administration facility on an intermittent basis to a veteran who is suffering from a chronic illness and who resides primarily at home; and "(3) is furnished for the purpose of helping the veteran to continue residing primarily at home. "(c) The authority provided by this section terminates on September 30, 1989.". (2) The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 620A the following new item: "620B. Respite care.".

38 USC 620B note.

(b) REPORT.—If the Administrator of Veterans' Affairs furnishes respite care under section 620B of title 38, United States Code (as added by subsection (a))— (1) the Administrator shall conduct an evaluation of the health efficacy and cost-effectiveness of furnishing such care; and (2) not later than February 1, 1989, shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing— (A) the results of such evaluation; and (B) any plan for administrative action, and any recommendation for legislation, that the Administrator considers appropriate to include in the report. SEC. 202. HOME HEALTH SERVICES. S e c t i o n 6 1 2 i samended —

Moa om rj8U

"

^'- ^'^ ' ^^ -•'- '^

" "'•^^'^

(1) by striking out "As" in subsections (a)(2) and (f)(2) and inserting in lieu thereof "Subject to subsection (k) of this section, as"; and .SK:9*' (2) by adding at the end the following new subsection: "(k) The Administrator may furnish home health services to a veteran in any setting in which the veteran is residing. The Administrator may not furnish such services in such a manner as to relieve any other person or entity of a contractual obligation to furnish services to the veteran. When home health services are furnished in a setting other than the veteran's home, such services may not include any structural improvement or alteration.".

i^J't,

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Page:United States Statutes at Large Volume 100 Part 4.djvu/519

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3255

SEC. 203. CONTINUATION OF CERTAIN COUNSELING SERVICES FOR A DECEASED VETERAN'S FAMILY MEMBERS.

Clause (B) of section 601(6) is amended to read as follows: ^8 USC 601. "(B)(i) such consultation, professional counseling, training, and mental health services as are necessary in connection with the treatment— "(I) of the service-connected disability of a veteran pursuant to section 612(a) of this title, and "(ID in the discretion of the Administrator, of the nonservice-connected disability of a veteran eligible for treatment under section 612(f)(l)(A)(ii) of this title where such services were initiated during the veteran's hospitalization and the provision of such services on an outpatient basis is essential to permit the discharge of the veteran from the hospital, for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as may be essential to the effective treatment and rehabilitation of the veteran (including, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of such family member or individual in the case of a veteran who is receiving care for a service-connected disability, or in the case of a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title); and "(ii) in the case of an individual who was a recipient of services under subclause (i) of this clause at the time of^ "(I) the unexpected death of the veteran; or "(II) the death of the veteran while the veteran was participating in a hospice program (or a similar program) conducted by the Administrator, such counseling services, for a limited period, as the Administrator determines to be reasonable and necessary to assist such individual with the emotional and psychological stress accompanying the veteran's death. For the purposes of this paragraph, a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title shall be eligible for the same medical services as a ^^ i''*< ^?iJ B: veteran.". '-•'"^ SEC. 204. TRANSITION CENTERS.

PERIOD

FOR

READJUSTMENT

COUNSELING

(a) EXTENSION OF TRANSITION PERIOD.—Paragraph (1) of section 612 A(g) is amended— (1) by striking out "the twelve-month period ending on ajon iiRj: " September 30, 1988" and inserting in lieu thereof "the 24-month period ending on September 30, 1989"; and (2) by striking out "orderly transition, by October 1, 1988" in clause (A) and inserting in lieu thereof "orderly, gradual transition by October 1, 1989^. (b) CONTENT OF REPORTS.—(1) Paragraph (2)(A) of such section is amended by inserting "(Public Law 98-160) (or, if the study is not 38 USC loi note. then completed, whatever information from it is then available)" in the second sentence after "the Veterans' Health Care Amendments of 1983".

(2) Paragraph (3) of such section is amended by adding at the end the following new sentence: "Such report shall be prepared taking

38 USC 101 note.

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 100 STAT. 3256

«.!, j i;

PUBLIC LAW 99-576—OCT. 28, 1986

into consideration the results of the study referred to in paragraph (2)(A) of this subsection (or, if the study is not then completed, whatever information from it is then available).". (c) REPORT ON TRANSITION.—Such section is further amended by adding at the end the following new paragraph: "(4) Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the experience under as much of the transition as was carried out pursuant to paragraph (1) of this subsection before September 30, 1988, including such recommendations for legislative and administrative action as the Administrator considers appropriate in light of such experience.". SEC. 205. THERAPEUTIC AND REHABILITATIVE ACTIVITIES.

38 USC 501 et

T

Section 618 is amended— (1) in subsection (a)— (A) by striking out "may utilize" and inserting in lieu thereof "may use"; (B) by striking out "purposes, at nominal remuneration, and such" and inserting in lieu thereof "purposes. Such"; ^^ and (C) by striking out "utilization" and inserting in lieu .^ ' thereof "use"; '^' * (2) in subsection (b)(1), by striking out "for remuneration"; ", (3) in subsection (c)— (A) by striking out "pay" in paragraph (2) and inserting in lieu thereof "distribute"; and P^jP^y^ (B) by striking out "and wage rates" in paragraph (3) and im& inserting in lieu thereof "rates of distribution"; and (4) in subsection (f)— (A) by inserting "(1)" after "(f)"; (B) by striking out "remuneration" and inserting in lieu i0 thereof "a distribution"; and (C) by adding at the end the following new paragraph: "(2) A distribution of funds made under this section shall be considered for purposes of chapter 15 of this title to be a donation from a public or private relief or welfare organization.".

seq. SEC. 206. CONTRACTS AND GRANTS FOR MEDICAL CARE FOR UNITED STATES VETERANS IN THE REPUBLIC OF THE PHILIPPINES. (a) EXTENSIONS OF AUTHORITIES.—(1) Section 632 is amended by

38 USC 632 note.

38 USC 632 note.

.,,....

striking out "September 30, 1986" in subsections (a) and (b)(1) and inserting in lieu thereof "September 30, 1989". (2) Any action by the Administrator of Veterans' Affairs in contracting under the provisions of section 632(a) of title 38, United States Code, with respect to the period beginning on October 1, 1986, and ending on the date of the enactment of this Act is hereby ratified. Qa) REPORTS ON UsE OF FuNDS.—Not later than February 1, 1987, 1988, and 1989, the Administrator of Veterans' Affairs shall submit to Congress a report describing the use of funds provided to the Republic of the Philippines under section 632(b) of title 38, United States Code, during the preceding fiscal year.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/521

 PUBLIC LAW 99-576—OCT. 28, 1986 i>»,n*i 5i;nf <'j p ^ j j ^ g — H E A L T H - C A R E ADMINISTRATION

100 STAT. 3257 "

'^

SEC. 211. ENFORCEMENT OF STATE AND LOCAL TRAFFIC LAWS BY VETERANS' ADMINISTRATION POLICE OFFICERS.

Paragraph (1) of section 218(b) is amended to read as follows: "(1)(A) Veterans' Administration employees who are Veterans' Administration police officers shall, with respect to acts occurring on Veterans' Administration property, enforce— "(i) Federal laws; "(ii) the rules prescribed under subsection (a)(2)(A) of this section; and "(iii) subject to subparagraph (B) of this paragraph, traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Veterans' Administration property is located. "(B) A law described in clause (iii) of subparagraph (A) of this paragraph may be enforced under such clause only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law. "(C) Subject to regulations prescribed under paragraph (2) of this subsection, a Veterans' Administration police officer may make arrests on Veterans' Administration property for a violation of a Federal law or any rule prescribed under subsection (a)(2)(A) of this section.". SEC. 212. REGIONAL MEDICAL EDUCATION CENTERS.

.,

(a) STATUS OF PROGRAM.—Section 4121(a) is amended—

(1) by striking out "pilot"; and (2) by striking out "in geographically dispersed areas of the United States". (b) PROGRAM FLEXIBILITY.—Section 4121(b) is amended—

v

(1) by striking out "in-residence"; and (2) by striking out "medical and health".

.^

i^

(c) SHARING OF TRAINING PROGRAMS.—Section 4123 is amended—

(1) by inserting "(a)" before "The Chief Medical Director"; (2) by striking out the third and fourth sentences; and (3) by adding at the end the following: "(b) To the extent that facilities are available, medical and health personnel from outside the Department of Medicine and Surgery may, on a reimbursable basis, be provided training in the Centers. Such reimbursement may include reciprocal training of personnel of the Department of Medicine and Surgery provided under sharing arrangements entered into by the Chief Medical Director and the heads of the entities providing such reciprocal training. Any amounts received by the United States as reimbursement under this subsection shall be credited to the applicable Veterans' Administration medical appropriation account.'. SEC. 213. PERIOD OF OBLIGATED PROGRAM.

SERVICE

UNDER SCHOLARSHIP

Section 4142(e)(l)(B)(iv)(I) is amended by striking out the parenthetical phrase and inserting in lieu thereof "(or, in the case of a participant who is a part-time student, six months for each calendar year, or part of a calendar year, for which the participant was provided a scholarship, with an academic semester or quarter to be counted in only one calendar year)."

38 USC 218.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/522

 100 STAT. 3258

PUBLIC LAW 99-576—OCT. 28, 1986

SEC. 214. PERIOD OF APPOINTMENT OF CERTAIN TEMPORARY AND PARTTIME HEALTH-CARE PERSONNEL. (a) TEMPORARY AND PART-TIME APPOINTMENTS.—(1) Paragraph (1)

38 USC 4114. 5i2 03ii 8r

of section 4114(a) is amended— (A) by inserting "certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses," after "dental auxiliaries," in clause (A); and (B) by inserting ", certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses" after "dental auxiliaries" in clause (B). (2) Paragraph (2) of such section is amended by striking out "paragraph (1) of section 4104" and inserting in lieu thereof "paragraphs (1) and (3) of section 4104". (3) Paragraph (3) of such section is amended— (A) by inserting "except as authorized in subparagraph (D) of this paragraph" in subparagraph (A) after "year"; (B) by inserting "and except as authorized in subparagraph (D) of this paragraph" in subparagraph (B) after "programs"; and (C) by adding at the end the following new subparagraph: "(D) During any period during which the Administrator is exercising the authority of only section 4106(a) and (g)(1) of this title in connection with the appointment, under section 4104(3) of this title, of personnel in the category of certified or registered respiratory therapists, licensed physical therapists, or licensed practical or vocational nurses— "(i) the Administrator may make temporary full-time appointments of personnel in such category for periods exceeding 90 days if the Chief Medical Director finds that circumstances render it impractical to obtain the necessary services through appointments under paragraph (3) of section 4104 of this title; and "(ii) part-time appointments of personnel in such category may be for periods of more than one year.". 0)) LICENSURE OF PSYCHOLOGISTS.—Section 4114(d) is amended by inserting "psychologist," after "podiatrist," both places it appears. SEC. 215. REPORT ON A NATIONAL DRUG FILE.

Not later than 90 days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the plans of the Department of Medicine and Surgery for the development, establishment, and administration of a national drug file, including an agency-wide reclassification and inventory system for all drugs used by the Veterans' Administration. The report shall also include— (1) the timetable for the establishment of such a drug file; (2) an estimate (and the underlying criteria therefor) of the number of employees, all computer equipment (including any "S( additional computer equipment), and total expenditures necessary to develop, establish, and administer such a drug file; and (3) any other matters the Administrator considers appropriate to include in the report.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/523

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3259

 * SEC. 216. STIPEND FOR PARTICIPATION IN STUDY OF VIETNAM-ERA VETERANS'PSYCHOLOGICAL PROBLEMS.

..j|g|

Section 102 of the Veterans' Health Care Amendments of 1983 38 USC 612A - (Public Law 98-160; 97 Stat. 994) is amended by adding at the end note. the following new subsection: "(d) In order to promote the participation in the study required by " subsection (a) of a number of study subjects sufficient to yield ' scientifically valid results from such study, the Administrator shall ' pay an appropriate stipend to each individual participating in the study as a subject. In determining the amount of such stipend, the Administrator shall take into account— "(1) the amount of time that the individual is expected to devote to participation in the study, "(2) the extent to which the individual's normal routine is rijc^ disrupted as a result of such participation, ^ "(3) any travel by the individual in connection with such participation, and gi- "(4) such other factors as the Administrator considers appropriate." ^

PART C—FACILITY CONSTRUCTION AND PLANNING

i SEC. 221. CONSIDERATION OF SHARING DEPARTMENT OF DEFENSE FACILITIES.

^ the following new subsection: "(d) In considering the need for any project for the construction,, alteration, or acquisition (other than by exchange) of a medical ' facility which is expected to involve a total expenditure of more than $2,000,000, the Administrator shall give consideration to the " sharing of health-care resources with the Department of Defense under section 5001 of this title as an alternative to all or part of such n project.". (b)
 * (a) IN GENERAL.—Section 5002 is amended by adding at the end

REQUIREMENT FOR DESCRIPTION

IN

PROSPECTUS.—Section

5004(b)(1) is amended by inserting "and to the sharing of health-care ^ resources with the Department of Defense under section 5011 of this ^ title" after "purchase". . SEC. 222. ANNUAL REPORT ON FACILITIES CONSTRUCTION.

Section 5007(a) is amended by inserting ", after considering the Y analysis and recommendations of the Chief Medical Director," after ••^ "Administrator" both places it appears. SEC. 223. PARKING FACILITIES.

c; (a) REVISION OF AUTHORITIES.—(1) Section 5009 of title 38, United ' States Code, is amended to read as follows: I; "§ 5009. Parking facilities ' f > "(a) For the purpose of this section— "(1) The term 'garage' means a structure (or part of a strucH ture) in which vehicles may be parked. rf "(2) The term 'parking facility' includes— 08 oD "(A) a surface parking lot; and t "(B) a garage. 9" "(3) The term 'eligible person' means an individual to whom o the Administrator is authorized to furnish medical examination < or treatment.

38 USC 5002.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/524

 100 STAT. 3260 Motor vehicles.

PUBLIC LAW 99-576—OCT. 28, 1986

"(b) In order to accommodate the vehicles of employees of medical facilities, vehicles used to transport veterans and eligible persons to ,.,^ „., or from such facilities for the purpose of examination or treatment, is and the vehicles of visitors and other individuals having business at such facilities, the Administrator— "(1) may construct or alter parking facilities, and may acl quire, by purchase, lease, condemnation, donation, exchange, or I, otherwise, such land or interests in land as the Administrator considers necessary for use as the site for any such construction or alteration; "(2) may acquire, by purchase, lease, condemnation, donation, O l> exchange, or otherwise, any facility that the Administrator T considers necessary for use as a parking facility; and .' "(3) may operate and maintain parking facilities. "(c)(1) Except as provided in paragraph (2) of this subsection, each employee, visitor, and other individual having business at a medical facility for which parking fees have been established under subsection (d) or (e) of this section shall be charged the applicable parking fee for the use of a parking facility at such medical facility. Motor vehicles. "(2) A parking fee shall not be charged under this subsection for the accommodation of any vehicle used to transport to or from a medical facility— "(A) a veteran or eligible person in connection with such veteran or eligible person seeking examination or treatment; or fjnji "(B) a volunteer worker (as determined in accordance with Voluntarism. regulations which the Administrator shall prescribe) in connecV* tion with such worker performing services for the benefit of veterans receiving care at a medical facility. "(3) The Administrator shall collect (or provide for the collection of) parking fees charged under this subsection. "(d)(l) For each medical facility where funds from the revolving fund described in subsection (h) of this section are expended for— "(A) a garage constructed or acquired by the Veterans' r. Administration at a cost exceeding $500,000 (or, in the case of acquisition by lease, $100,000 per year); or gly* "(B) a project for the alteration of a garage at a cost exceeding $500,000, the Administrator shall prescribe a schedule of parking fees to be charged at all parking facilities used in connection with such medical facility. "(2) The parking fee schedule prescribed for a medical facility referred to in paragraph (1) of this subsection shall be designed to establish fees which the Administrator determines are reasonable under the circumstances. "(e) The Administrator may prescribe a schedule of parking fees for the parking facilities at any medical facility not referred to in subsection (d) of this section. Any such schedule shall be designed to establish fees which the Administrator determines to be reasonable under the circumstances and shall cover all parking facilities used in connection with such medical facility. "(f) The Administrator may contract (by lease or otherwise) for the operation of parking facilities at medical facilities under such terms and conditions as the Administrator prescribes and may do so without regard to laws requiring full and open competition. "(g) Subject to subsections (h) and (i) of this section, there are authorized to be appropriated such amounts as are necessary to finance (in whole or in part) the construction, alteration, and ac-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/525

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3261

quisition (including site acquisition) of parking facilities at medical facilities. "(h)(1) Amounts appropriated pursuant to subsection (g) of this section and parking fees collected under subsection (c) of this section shall be administered as a revolving fund and shall be available without fiscal year limitation. "(2) The revolving fund shall be deposited in a checking account with the Treasurer of the United States. "(3)(A) Except as provided in subparagraph (B) of this paragraph, no funds other than funds from the revolving fund may be expended for the construction, alteration, or acquisition (including site acquisition) of a garage at a medical facility after September 30, 1986. "(B) Subparagraph (A) of this paragraph does not apply to the use of funds for investigations and studies, surveys, designs, plans, working drawings, specifications, and similar actions not directly involved in the physical construction of a structure. "(i)(l) The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of parking facilities at medical facilities and may be made only as provided for in appropriation Acts. "(2) For the purpose of section 5004(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving fund (including any funds proposed in such bill, resolution, or amendment to be appropriated to the revolving fund) may be expended for a project involving a total expenditure of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a parking facility or facilities at a medical facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.". (2) The item relating to such section in the table of sections at the beginning of chapter 81 of such title is amended to read as follows: "5009. Parking facilities.". (b) EFFECTIVE DATES.—(1) Except

•

^ ' '-

38 USC 5004.

as provided in paragraphs (2) and 38 USC 5009 (3), the amendments made by this section shall take effect on the "ote. date of the enactment of this Act. (2)(A) The amendments made by this section shall not abrogate the provisions of a collective bargaining agreement which, on the date of the enactment of this Act, is in effect and includes a provision which specifies a termination date for such agreement. (B) After the date of the enactment of this Act, if a collective bargaining agreement described in subparagraph (A) is modified, extended, or renewed, such subparagraph shall no longer, as of the date of the modification, extension, or renewal, apply to such agreement. (C) In the case of a collective bargaining agreement which on such date of enactment is in effect but has no provision which specifies a termination date, the authorities and requirements in section 5009 of title 38, United States Code, as amended by subsection (a)(1) of this section, to establish and collect parking fees shall take effect on January 1, 1988. (3) Section 5009 of title 38, United States Code, as amended by subsection (a)(1) of this section, shall not apply to the expenditure of funds appropriated for a fiscal year prior to fiscal year 1987 for the construction, alteration, or acquisition (including site acquisition) of a parking facility at a Veterans' Administration medical facility.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/526

 100 STAT. 3262

PUBLIC LAW 99-576—OCT. 28, 1986

SEC. 224. REVISION OF STATE HOME CONSTRUCTION GRANT PROGRAM.

38 USC 5033.

(a) AUTHORIZATION OF APPROPRIATIONS.—The first sentence of section 5033(a) is amended to read as follows: "There are hereby authorized to be appropriated such sums as are necessary to carry out this subchapter through September 30, 1989.". (b) PRIORITY FOR CERTAIN PROJECT APPLICATIONS.—Subsection (b)

of section 5035 is amended to read as follows: "(b)(1) Upon receipt of an application for a grant under subsection (a) of this section, the Administrator— "(A) shall determine whether the application meets the requirements of this section and of the regulations prescribed under section 5034 of this title; "(B) shall notify the State submitting the application whether the application conforms with those requirements and, if it does not, of the actions necessary to bring the application into conformance with those requirements; and "(C) shall determine the priority of the project described in the application in accordance with the provisions of this subsection. "(2) Subject to paragraphs (3) and (5)(C) of this subsection, the Mm oiiij m Administrator shall accord priority to applications in the following order: "(A) An application from a State that has made sufficient funds available for the construction or acquisition of the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State to make such funds available for such purpose. "(B) An application from a State that does not have a State ,^ home facility constructed or acquired with assistance under this ^f*' subchapter (or for which such a grant has been made).
 * 8Vv'* «(Q) ^jj application from a State which the Administrator

determines, in accordance with criteria and procedures specified e ( '>3U 8? DiiiB ii^ regulations which the Administrator shall prescribe, has a OK Hion g,^/ greater need for nursing home or domiciliary beds than other States from which applications are received. "(D) An application that meets such other criteria as the Administrator determines are appropriate and has established in regulations. "(3) In according priorities to projects under paragraph (2) of this subsection, the Administrator— "(A) shall accord priority only to projects which would involve construction or acquisition of either nursing home or domiciliary buildings; and "(B) may not accord any priority to a project which would expand a State's capacity to furnish hospital care in a State home. "(4) The Administrator shall establish a list of approved projects, in the order of their priority, as of July 1 of each year. The Administrator shall award grants in the order of their priority on the list during the fiscal year beginning on October 1 of the calendar year in which the list was made. "(5)(A) The Administrator shall defer approval of an application that otherwise meets the requirements of this section if the State submitting the application does not, by the July 1 deadline (as defined in subparagraph (D) of this paragraph), demonstrate to the

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Page:United States Statutes at Large Volume 100 Part 4.djvu/527

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3263

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, the Administrator shall select for award of a grant or grants under this subsection an application or applications which would not have been approved during the fiscal year but for the deferral and to which the Administrator accords the highest priority under paragraph (2) of this ^'"''' '3iJ B g subsection. "(C) An application deferred in accordance with the requirements of this paragraph shall be accorded priority in any subsequent fiscal year ahead of applications that had not been approved before the first day of the fiscal year in which the deferred application was first approved. "(D) 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.". (c) REPEAL OF LIMIT ON GRANTS TO ANY STATE.—Section 5035(d) is 38 USC 5035. amended— (1) by striking out "(1)" and all that follows through "shall ' - : provide for payment" and inserting in lieu thereof "The amount .'II i^iA, '>3U di of a grant under this subchapter shall be paid"; and (2) by striking out paragraph (2). (d) TECHNICAL AMENDMENT.—Section 5031 is amended by redesignating paragraphs (a), (b), (c), and (d) as paragraphs (1), (2), (3), and (4), respectively. (e) EFFECTIVE DATE.—The amendments made by this section shall 38 USC 5031 take effect on July 1, 1987. note. (f) DEADLINE FOR REGULATIONS.—The Administrator of Veterans' 38 USC 5035 Affairs shall prescribe regulations not later than April 1, 1987, to "°*^implement the amendments made by this section. . -• '"

"

PART D—MISCELLANEOUS

is !''•>. '

SEC. 231. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS. (a) REPORTING PERIOD FOR REPORTS ON SPECIAL PAY FOR VETERANS' ADMINISTRATION PHYSICIANS AND DENTISTS.—Section 4118(g)(2)(C) is

amended by striking out "December 31, 1982, and once every two years" and inserting in lieu thereof "December 31, 1988, and once every four years". (b) CONDITIONAL ELIMINATION OF REQUIREMENT FOR REPORT ON CONTRACT DENTAL CARE.—Paragraph (4) of section 612(b) is

amended— (1) by striking out "In" after "(4)" and inserting in lieu thereof "(A) Except as provided in subparagraph (B) of this 13,1 paragraph, in"; and (2) by adding at the end the following new subparagraph: "(B) A report under subparagraph (A) of this paragraph with respect to a fiscal year is not required if, in the documents submitted by the Administrator to the Congress in justification for the amounts included for Veterans' Administration programs in the President's Budget, the Administrator specifies with respect to contract dental care described in such subparagraph—

 * (.•*' C}&U B'i

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Page:United States Statutes at Large Volume 100 Part 4.djvu/528

 100 STAT. 3264

' I i '

PUBLIC LAW 99-576—OCT. 28, 1986 "(i) the actual level of expenditures for such care in the fiscal year preceding the fiscal year in which such Budget is submitted; "(ii) a current estimate of the level of expenditures for such care in the fiscal year in which such Budget is submitted; and "(iii) the amount included in such Budget for such care.". (c) REPEAL OF REQUIREMENT FOR REPORT OF EXCHANGE OF MEDICAL

38 USC 5053.

INFORMATION PROGRAM.—(1) Section 5053 is amended by adding at the end the following new subsection: "(e) The Administrator shall submit to the Congress not more than 60 days after the end of each fiscal year a report on the activities carried out under this section. Each report shall include— "(1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation from other sources, financial and otherwise; and "(2) recommendations for the improvement or more effective administration of such activities.". (2)(A) Section 5057 is repealed. . ^ (B) The table of sections at the beginning of chapter 81 is amended by striking out the item relating to section 5057. SEC. 232. IONIZING RADIATION REGISTRY. 38 USC 354 note. (a) ESTABLISHMENT OF REGISTRY.—The Administrator of Veterans' Affairs shall establish and maintain a special record to be known as the "Ionizing Radiation Registry" (hereinafter in this section referred to as the "Registry"). (b) CONTENT OF REGISTRY.—Except as provided in subsection (c), the Registry shall include the following information: '•-! '-•:• (1) A list containing the name of each veteran who was -^" exposed to ionizing radiation under the conditions described in "" " 'i section 610(e)(l)(B) of title 38, United States Code, and who— o3,rr. (A) applies for hospital or nursing home care from the 38 USC 601 et Veterans' Administration under chapter 17 of such title; seq(B) files a claim for compensation under chapter 11 of 38 USC 301 et such title on the basis of a disability which may be associseq. ated with the exposure to ionizing radiation; or (C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation 38 USC 401 et ?''" under chapter 13 of such title on the basis of the exposure (2) Medical data relating to each veteran listed in the Reg^ istry, including— (A) the veteran's medical history, latest health status M f! O recorded by the Veterans' Administration, physical BJ d examinations, and clinical findings; and (B) a statement describing birth defects, if any, in the .«' natural children of the veteran. SH (3) Data on claims for the compensation referred to in paragraph (1), including decisions and determinations of the Veterans Administration relating to such claims. . 4 (4) An estimate of the dose of radiation to which each veteran K listed in the Registry was exposed under the conditions 3 described in section 610(e)(l)(B) of such title. (c) VETERANS SUBMITTING CLAIMS BEFORE DATE OF ENACTMENT.—
 * «9of such veteran to ionizing radiation.

If in the case of a veteran described in subsection (b)(1) the application or claim referred to in such subsection was submitted or filed before the date of the enactment of this Act, the Administrator shall

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Page:United States Statutes at Large Volume 100 Part 4.djvu/529

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3265

include in the Registry, to the extent feasible, such veteran's name and the data and information described in subsection (b) relating to the veteran. (d) CONSOLIDATION OF EXISTING INFORMATION.—(1) For the purpose of establishing and maintaining the Registry, the Administrator shall compile and consolidate— (A) relevant information maintained by the Department of Veterans' Benefits and the Department of Medicine and Surgery of the Veterans' Administration; (B) relevant information maintained by the Defense Nuclear Agency of the Department of Defense; and '^- (C) any relevant information maintained by any other element of the Veterans' Administration or the Department of Defense. (2) With respect to a veteran whose name is included in the Registry and for whom the information in the Registry is not complete, the Administrator shall include information described in paragraph (1) with respect to that veteran (A) to the extent that such information is reasonably available in records of the Veterans' Administration or Department of Defense, or (B) if such information is submitted by the veteran after the enactment of this Act. (e) DEPARTMENT OF DEFENSE INFORMATION.—The Secretary of De-

fense shall furnish to the Administrator such information maintained by the Department of Defense as the Administrator considers necessary to establish and maintain the Registry. (f) DEFINITION.—For the purpose of this section, the term "veteran" has the meaning given that term in section 101(2) of title 38, United States Code, and includes a person who died in the active military, naval, or air service. (g) EFFECTIVE DATE.—The Registry shall be established not later than 180 days after the date of the enactment of this Act.

38 USC 101.

SEC. 233. REQUIREMENT FOR MEDICARE HOSPITALS TO PARTICIPATE IN VETERANS' ADMINISTRATION CONTRACT HEALTH-CARE PROGRAM.

(a) IN GENERAL.—Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(l)), as amended by section 1895(b) of the Tax Reform Act of 1986, is amended— (1) by striking out "and" at the end of subparagraph (J); " (2) by striking out the period at the end of subparagraph (K) and inserting in lieu thereof ", and"; and (3) by inserting after subparagraph (K) the following new subparagraph: "(L) in the case of hospitals which provide inpatient hospital services for which payment may be made under this title, to be a participating provider of medical care under section 603 of title 38, United States Code, in accordance with such admission practices, and such payment methodology and amounts, as are prescribed under joint regulations issued by the Secretary and by the Administrator of Veterans' Affairs in implementation of such section.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to inpatient hospital services provided pursuant to admissions to hospitals occurring after June 30, 1987. (c) REPORT.—(1) The Secretary of Health and Human Services shall periodically submit to the Congress a report on the number of hospitals that have terminated or failed to renew an agreement

Ante, p. 2931.

42 USC 1395CC note. 42 USC 1395CC note.

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