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determination, the Commission may take into account all factors appropriate to ratemaking generally under part I of this Act and shall 49 USC 1. determine such final rates under the standards and limitations applicable to ratemaking generally under part I of this Act. If the increases in rates finally authorized by the Commission are less than the increases in rates initially made effective, the carrier or carriers shall, subject to such tariff provisions as the Commission shall deem sufficient, make such refunds (in the amount by which the initially increased rate collected exceeds the finally authorized increased rate) as may be ordered by the Commission, plus a reasonable rate of interest as determined by the Commission. Nothing contained in this paragraph shall limit or otherwise affect the authority of the Commission to authorize or to permit to become effective any increase in rates other than the increases herein specified. " (d)(A) The State authority having jurisdiction over petitions for increase.^ State ^ Intrastate rate _ __ intrastate rate increases by any carrier or group of carriers subject to authority'. part I of this Act shall, within 60 days of the filing of a verified petition for such increases based upon increases in expenses of such carriers as a result of any increases in taxes under the Railroad Retirement Tax Act, as amended, occurring on or before January 1, 1975, or ^g"usc'32o^i as a result of the enactment of the Railroad Retirement Amendments of 1973, act upon said petition. Such State authority may grant an ^"*e. P- i^e interim rate increase or a final rate increase. If such State authority grants any interim rate increases, it shall thereafter investigate and determine the reasonableness of such increases and modify them to the extent required by applicable law. To the extent that any such interim increases are reduced as a result of the action of a State authority, the carrier or carriers shall make such refunds (in the amount by which the initially increased rate collected exceeds the finally authorized increased rate) as may be ordered by such State authority, plus a reasonable rate of interest as determined by the State authority. " (B) If a State authority denies in toto such a petition filed with it by such carrier or group of carriers seeking relief regarding such intrastate rate increases or does not act finally on such petition within 60 days from the presentation thereof, the Commission shall, within 30 days of the filing of a verified petition by such carrier or group of carriers relating to such intrastate rates, act upon such petition by applying the ratemaking criteria of subparagraph (4)(c) of this paragraph. If the Commission grants, in whole or in part, such petition by any carrier or group of carriers, the increase authorized shall be considered as an interim rate increase as provided in subparagraph (A) above and shall be subject to final determination by the State authority in accordance with the procedures prescribed for interim intrastate rate increases as provided above, including the ordering of refunds by such State authority. " (C) If a State authority denies in part such a petition filed with it by such carrier or group of carriers, within 60 days from the presentation thereof, the Commission shall, within 30 days of the filing of a verified petition by such carrier or group of carrier's relating to the intrastate rates involved, act upon such petition by applying the criteria of section 13(4) of this part. 72 Stat. 570. " (D) Nothing in subparagraph (A) or (B) shall be construed to '^^ "^^ ^^• abrogate the authority of the Commission under section 13(4) of this part and in the event a carrier or group of carriers subject to a refund requirement under subparagraph (A) or (B) files a petition under section 13(3), the refund requirement shall be stayed pending final order of the Commission under section 13(4) of this part. "(e) Any increased freight rates authorized shall not exceed a reasonable level by types of traffic, commodities, or commodity groups and

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Citation of title.

PUBLIC LAW 93-70-JULY 10, 1973

[87

STAT.

shall preserve existing market patterns and relationships and present port relationships by increase limitations within and between the major districts to the extent possible without authorizing unreasonable increases in any district." SEC. 202. This title may be cited as the "Railroad Rate Adjustment Act of 1973". TITLE III—SEPARABILITY SEC. 301. If any provision of this Act or the application thereof to any person or circumstances should be held invalid, the remainder of such Act or the application of such provision to other persons or circumstances shall not be affected thereby. Approved July 10, 1973. Public Law 93-70

July 10, 1973 [H, R. 7670]

Commerce Department maritime programs. Appropriation authorization.

Additional appropriation.

86 Stat. 910.

AN ACT To authorize appropriations for the fiscal year 1974 for certain maritime programs of the Department of Commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated without fiscal year limitation as the appropriation Act may provide for the use of the Department of Commerce, for the fiscal year 1974, as follows: (a) acquisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, $275,000,000: Provided, That the appropriation Act may provide that unobligated balances previously appropriated for purchase of modern or reconstructed United States-flag vessels for layup in the National Defense Reserve Fleet, may also be used for construction-differential subsidy; (b) payment of obligations incurred for ship operation subsidies, $221,515,000; (c) expenses necessary for research and development activities (including reimbursement of the vessel operations revolving fund for losses resulting from expenses of experimental ship operations), $20,000,000; (d) reserve fleet expenses, $3,773,000; (e) maritime training at the Merchant Marine Academy at Kings Point, New York, $8,600,000; and (f) financial assistance to State marine schools, $2,427,000. SEC. 2. I n addition to the amounts authorized by section 1 of this Act, there are authorized to be appropriated for fiscal year 1974 such additional supplemental amounts for the activities for which appropriations are authorized under section 1 of this Act as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. SEC. 3. Section 1103(f) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1273(f)), is amended by striking the figure "$3,000,000,000", and inserting in lieu thereof the figure "$5,000,000,000". Approved July 10, 1973.

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Public Law 93-71 AN ACT To amend section 502(a) of the Merchant Marine Act, 1936.

July 10, 1973 [H. R. 6187]

Be it enacted by the Senate and House of Representatives^ of the Merchant Marine United States of America in Congress assembled, That the third sen- Act, 1936, amendtence of section 502(a) of the Merchant Marine Act, 1936 (46 U.S.C. ment. V e s s e l con1152(a)), is amended as follows i struction subsu (1) By striking out "June 30, 1973" and inserting in lieu thereof awards!" ^" ^' ^ "June 30, 1976". _ 84stat. 1019. (2) By striking out the words "and 41 per centum in fiscal 1973" and inserting in lieu thereof the words "41 per centum in fiscal 1973, 39 per centum in fiscal 1974, 37 per centum in fiscal 1975, and 35 per centum in fiscal 1976". Approved July 10, 1973. Public Law 93-72 AN ACT To amend section 8 of the Public Buildings Act of 1059, relating to the District of Columbia.

July 10, 1973 [H. R. 6330]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of.^^g^^^j.'' ^f^fq'g the Public Buildings Act of 1959 (40 U.S.C. 607) is amended by amendment. adding at the end thereof the following new subsection: 73 Stat. 481; " (d)(1) Notwithstanding the District of Columbia Stadium Act of 1957 or any other provision of law, the Armory Board (hereafter n^f?'^**f^^' in this subsection referred to as the 'Board'), created by the Act of 2-1720 note! June 4, 1948 (D.C. Code, sec. 2-1702), is hereby authorized to enter 62 Stat. 339. into contracts for the conduct in the Robert F. Kennedy Stadium authorized by such Act of 1957 of major league football, baseball, and Softball, and motorcycle races, rodeos, musical concerts, and other events, and to increase the seating capacity of such stadium by an K.F.K. stadium, additional number of seats, not to exceed eight thousand, and at a increase, cost not to exceed $1,500,000. Notwithstanding such Act of 1957, or any other provision of law, the Board is further authorized to borrow such sums as may be necessary to provide for the additional seating authorized by this subsection in accordance with the following terms and conditions, which terms and conditions shall be effective during the period that any of such sums so borrowed remain unpaid: " (A) 50 per centum of all revenues from professional football derived from such additional seats shall be used solely for the purpose of repaying the sums borrowed for such seats; " (B) 44 per centum of such revenues shall be paid to the team operating under the trade name of the Washington Redskins, or its successors; and " (C) 6 per centum of such revenues shall be subject to the provisions of section 6 of such Act of 1957. "(2) In no case shall the National Football League or any team Restriction. within such league (other than the aforementioned Redskins team or its successors), during the period within which any part of such sums so borrowed pursuant to paragraph (1) of this subsection remains unpaid, be considered as being entitled to, or as acquiring any right in connection with, any part of the revenues attributable to the additional seats authorized by this subsection.". Approved July 10, 1973.

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PUBLIC LAW 93-73-JULY 10, 1973 Public Law 93-73

July 10, 1973 [H. R. 5452]

National Sea Grant College and Program Act of 1966, amendments. 84 Stat. 4 4 8. 33 USC 1122.

80 Stat. 999. 33 USC 1123.

64 Stat. 149. 42 USC 1861 note.

42 USC 1124.

[87

STAT.

<-

AN ACT To extend and make technical corrections to the National Sea Grant College and Program Act of 1966, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Sea Grant College and Program Act of 1966 (80 Stat. 998), as amended (33 U.Si.C. 1121-1124), is further amended as follows: (1) In section 203(b)(1), after "the sum of $25,000,000", delete the word "and", and insert, after "for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000," the following: "for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum of $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,". (2) I n section 204(a), delete subscript " (1) ", and delete all after "in any such fields", substituting a period therefor. (3) I n section 204(d)(1), after the first sentence, insert the following: "The Secretary may grant total payments that exceed such per centum with respect to those programs or portions of programs requested by the Secretary on his own initiative, upon his determination that the requirement for payments of 331/^ per centum of the cost thereof by the participant would be inequitable relative to the benefits which the participant would receive therefrom. The total amount of payments to be made by the Federal Government under all programs and portions of programs as to which the Secretary shall in any fiscal year exercise his authority under the preceding sentence to reduce or eliminate matching payments by the participant shall not exceed 1 per centum of the funds appropriated under this title for such fiscal year.". (4) I n section 204(d)(2), delete the period after "vessel", substituting a colon therefor, and add the following after the colon: "Provided, That the prohibitions of this paragraph shall not apply to non-self-propelled habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes.". (5) Except in section 204(g) and in section 205, delete "National Science Foundation" and "Foundation" wherever they appear in this title, substituting "Secretary of Commerce" and "Secretary", respectively; and make conforming changes by deleting "its" and substituting "his" wherever appropriate. (6) Amend section 204(g) to read as follows: " (g) Except as otherwise provided in this title, the Secretary, in carrying out his functions under this title, has the same powers and authority as has the National Science Foundation under the National Science Foundation Act of 1950, as amended, to carry out its functions under that Act." (7) In section 204(i)(3), after "marine resources", insert "and which is so designated by the Secretary". (8) Amend section 205 to read as follows: "STUDY OF INTERNATIONAL MARINE TECHNOLOGY TRANSFER

"SEC. 205. (a) The Secretary of Commerce is authorized and directed to undertake, through the National Sea Grant College Program, a study of the means of sharing, through cooperative programs with

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other nations, the results of marine research useful in the exploration, development, conservation, and management of marine resources. "(b) I n carrying out the study required by subsection (a), the contract Secretary is authorized, without regard for paragraphs (1) and (3) ^"*^°"*yof section 204(d), to enter into contracts with, and make grants to, 33 USC 1123.. institutions, agencies, and organizations described in section 204(c). " (c) The Secretary shall submit to the President and to the Congress Jf ^°^J l^on-^^'' the results and findings of such study, including specific recommenda- gr^ssT tions, not later than September 30, 1974. " (d) F6r the purpose of carrying out this section there is authorized Appropriation. to be appropriated not to exceed the sum of $200,000.". -Approved July 10, 1973. Public Law 93-74 AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

July 23, 1973 [H. R. 7528]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby ^^lll°J'2^^^^''!' authorized to be appropriated to the National Aeronautics and Space Administration Administration:

Authorization Act,

(a) For "Research and development," for the following programs: Research and (1) Space flight operations, $555,500,000; development. (2) Space Shuttle, $475,000,000; (3) Advanced missions, $1,500,000; (4) Physics and astronomy, $63,600,000; (5) Lunar and planetary exploration, $311,000,000; (6) Launch vehicle procurement, $177,400,000; (7) Space applications, $161,000,000; (8) Aeronautical research and technology, $180,000,000; of this amount $14,000,000 is reserved for the J T - 3 D Refan Retrofit Research Program; (9) Space and nuclear research and technology, $72,000,000; (10) Tracking and data acquisition, $244,000,000; (11) Technology utilization, $4,500,000. (b) For "Construction of facilities," including land acquisition, as facumlT''""" °^ follows: (1) Replacement of transportation facility, Goddard Space Flight Center, $660,000; {2) Rehabilitation of vibration laboratory, Goddard Space Flight Center, $710,000; (3) Modifications of and addition to 25-foot space simulator building, Jet Propulsion Laboratory, $740,000; (4) Modification of planetary mission support facilities, Jet Propulsion Laboratory, $580,000; (5) Rehabilitation and modification of 600 pounds per square inch air supply system, Langley Research Center, $2,410,000; (6) Construction of systems engineering building, Langley Research Center, $1,620,000; (7) Rehabilitation of airfield pavement. Wallops Station, $570,000; (8) Rehabilitation of communication system. Wallops Station, $575,000; (9) Modification for fire protection improvements at various tracking and data stations, $1,885,000;

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R e s e a r c h and program management.

Construction at other r e s e a r c h facilities.

Limitation; notice to congress i o n a l committees.

PUBLIC LAW 93-74-JULY 23, 1973

[87 STAT.

(10) Modification of space launch complex 2 West, Vandenberg Air Force Base, $980,000; (11) Modification of power system, Slidell Computer Complex, $1,085,000; (12) Space Shuttle facilities at various locations, as follows: (A) Modifications for auxiliary propulsion and powder systems test facilities, White Sands Test Facility, $1,290,000; (B) Modifications for shuttle avionics integration laboratory, Lyndon B. Johnson Space Center, $1,240,000; (C) Modifications for radiant heating verification facility, Lyndon B. Johnson Space Center, $1,260,000; (D) Modifications for the Orbiter propulsion system test facilities, Mississippi Test Facility, $11,300,000; (E) Modifications for external tank structural test facilities, Marshall Space Flight Center, $4,400,000; (F) Modification of manufacturing and subassembly facilities for the Orbiter, NASA Industrial Plant, Downey, California, $2,650,000; (G) Modification of and addition to final assembly and checkout facilities for the Orbiter, Air Force Plant Number 42, Palmdale, California, $7,350,000; (H) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $9,510,000; (I) Construction of Orbiter landing facilities, John F. Kennedy Space Center, $28,200,000; (13) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $14,785,000; (14) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $4,600,000; (15) Facility planning and design not otherwise provided for, $13,600,000. (c) For "Research and program management,'" $707,000,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law of which not more than $549,020,€0 and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law, shall be available for personnel and related costs. (d) Notwithstanding the provisions of subsection 1(g), appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be acquired at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations w4iose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee

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STAT.]

PUBLIC LAW 93-74-JULY 23, 1973

has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting offifcers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $10,(XM) for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $25,000 for each project, including collateral equipment, may be used for rehabilitation or modificaticn of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. (h) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the ^rant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. SEC. 2. Authorization is hereby granted Avhereby any of the amounts prescribed in paragraphs (1) through (14), inclusive, of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (15) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines

173

Scientific consultations.

Limitations.

Campuses barring military r e c r u i t e r s, grants prohibition.

Report from Secretary of Defense to Administrator.

Cost v a r i a t i o n s, authority of Administrator.

Unforeseen program c h a n g e s, transfer of res e a r c h funds to construction.

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Report to Speaker of the House, President of the S e n a t e, and congressional committees.

Prohibitions.

Geographical distribution of r e s e a r c h funds.

72 Stat. 429; 78 Stat. 495. NASA i n s t a l l a t i o n s, visitor f a c i l i t i e s, concessions.

PUBLIC LAW 93-74-JULY 23, 1973

[87

STAT.

that deferral of such action until the enactment of the next Authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to cons^ruct^ expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. (a) Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. (b) Nothing in this section shall be construed to authorize the expenditure of amounts for personnel and related costs pursuant to section 1(c) to exceed amounts authorized for such costs. SEC. 5. I t is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. Section 203(b) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473(b)), is amended by inserting immediately after paragraph (10) the following new paragraph: "(11) to provide by concession, without regard to section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), on such terms as the Administrator may deem to be appropriate and to be necessary to protect the concessioner against loss of his investment in property (but not anticipated profits) resulting from the Administration's discretionary acts and decisions, for the con-

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struction, maintenance, and operation of all manner of facilities and equipment for visitors to the several installations of the Administration and, in connection therewith, to provide services incident to the dissemination of information concerning its activities to such visitors, without charge or with a reasonable charge therefor (with this authority being in addition to any other authority which the Administration may have to provide facilities, equipment, and services for visitors to its installations). A concession agreement under this paragraph may be negotiated with any qualified proposer following due consideration of all proposals received after reasonable public notice of the intention to contract. The concessioner shall be afforded a reasonable opportunity to make a profit commensurate with the capital invested and the obligations assumed, and the consideration paid by him for the concession shall be based on the probable value of such opportunity and not on nuiximizing revenue to the United States. Each con- recorTs^^a^ccess?cession agreement shall specify the manner in which the conces- biuty; possessory sioner's records are to be maintained, and shall provide for access interest. to any such records by the Administration and the Comptroller General of the United States for a period of five years after the close of the business year to which such records relate. A concessioner may be accorded a possessory interest, consisting of all incidents of ownership except legal title (which shall vest in the United States), in any structure, fixture, or improA^ement he constructs or locates upon land owned by the United States; and, with the approval of the Administration, such possessory interest may be assigned, transferred, encumbered, or relinquished by him, and, unless otherwise provided by contract, shall not be extinguished by the expiration or other termination of the concession and may not be taken for public use without just compensation;•'. SEC. 7. Title II of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2471 et seq.), is amended by adding at the end Jl^H^^.^^^'^' thereof the following new section: u DISPOSAL o r EXCESS I.ANI)

"SEC. 207. Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000 which is owned by the United States and under the jurisdiction and control of the Administration, unless (A) Report. a period of thirty days has passed after the receipt by the Speaker and the Committee on Science and Astronautics of the House of Representatives and the President and the Committee on Aeronautical and Space Sciences of the Senate of a report by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such action, or (B) each such committee before the Approval expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action." Asso t SEC. 8. Section 5316, title 5, United States Code, is amended by ^^_^^n icsita ae o r s, Admi r t deleting paragraphs (15), (16), and (17) and by substituting therefor NASA a new paragraph (15) to read as follows: ^° ^*^'- '^^^ "(15) Associate Administrators, National Aeronautics and Space Administration (6)." SEC. 9. This Act may be cited as the "National Aeronautics and short title. Space Administration Authorization Act, 1974"'. Approved July 23, 1973^

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PUBLIC LAW 93-75-JULY 26, 1973

[87 STAT.

Public Law 93-75 July 26, 1973 [H. R. 8949]

Veterans. Loan guaranty program. 72 Stat. 1205; 80 Stat. 26.

12 USC 1709.

AN ACT To amend title 38 of the United States Code relating to basic provisions of the loan guaranty program for veterans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1808 (c)(1) of title 38, United States Code, is amended by striking out the semicolon and all that follows thereafter and inserting in lieu thereof the following: ", except that in establishing the rate of interest that shall be applicable to such loans, the Administrator shall consult with the Secretary of Housing and Urban Development regarding the rate of interest the Secretary considers necessary to meet the mortgage market for home loans insured under section 203(b) of the National Housing Act, and, to the maximum extent practicable, carry out a coordinated policy on interest rates on leans insured under such section 203(b) and on loans guaranteed or insured under this chapter." Approved July 26, 1973. Public Law 93-76

July 30> 1973 [S.1413]

41 USC 46. 41 USC 4 8 c.

AN ACT To increase the authorization for fiscal year 1974 for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 25, 1938 (52 Stat. 1196), as amended by Public Law 92-28, dated June 23, 1971 (85 Stat. 77), is hereby amended as follows: By striking out in section 6 the words "and the next two succeeding fiscal years" and inserting in lieu thereof "and the next succeeding fiscal year, and $240,000 for the fiscal year ending June 30, 1974". Approved July 30, 1973. Public Law 93-77

July 30, 1973 [H. R. 2323]

eopper. Duty s u s p e n sion, extension.

84 Stat. 367,

82 Stat. 1211. Effective date.

AN ACT To continue until the close of June 30, 1974, the suspension of duties on certain forms of copper.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That (a) items 911.10 (relating to copper waste and scrap), 911.11 (relating to articles of copper), 911.13 (relating to copper bearing ores and materials), 911.14 (relating to cement copper and copper precipitates), 911.15 (relating to black copper, blister copper, and anode copper), and 911.16 (relating to other unwrought copper) of the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by strikingout "6/30/72" and inserting in lieu thereof "6/30/74". (b) Headnote 3 of subpart B of part 1 of the appendix to such schedules is amended by'striking out "36" each place it appears therein and inserting in lieu thereof "51". SEC. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after July 1, 1973. Approved July 30, 1973.

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Page:United States Statutes at Large Volume 87.djvu/209

 87

STAT.]

PUBLIC LAW 93-79-JULY 30, 1973

177

Public Law 93-78 AN ACT To continue until the close of June 30, 1975, the existing suspension of duties for metal scrap.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 911.12 (relating to articles other than copper waste and scrap and articles of copper) of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/73" and inserting in lieu thereof "6/30/75". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1973. Approved July 30, 1973.

July 30, 1973 [H. R. 2324]

Metal s c r a p. Duty s u s p e n sion, e x t e n s i o n. 85 Stat. 100.

Effective date.

Public Law 93-79 AN ACT To suspend the duty on caprolactam monomer in water solution until the close of December 31, 1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the appendix of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 905.31 the following new item: 907.50

Caprolactam monomer in water solution (provided for in item 403.70, part IB, schedule 4)

Free

No change

Caprolactam monomer. Duty s u s p e n sion, extension. 77A Stat. 432; 86 Stat. 1296.

On or before 12/31/73

SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after December 31, 1972 and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by the first section of this Act applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. Approved July 30, 1973.

22-150 O- 75 - 14

July 30, 1973 [H. R. 6394]

Effective date.

84 Stat. 284,, 19 USC 1514,

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Page:United States Statutes at Large Volume 87.djvu/210

 178

PUBLIC LAW 93-80-AUG. 1, 1973 Public Law 93-80

August 1, 1973 [H. R. 9172]

Tobacco. Acreage allotments or quotas, Ga.-S.C, lease and transfer. 75 Stat. 469; 86 Stat. 215. 7 USC 1314b.

Federal recreation areas. Fees. 86 Stat. 459. 16 USC 460^.^3.

STAT.

" *• ' ""^' -^ > ^

\

AN ACT To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1973 in certain disaster areas in Georgia and South Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316 of the Agricultural Adjustment Act of 1988, as amended, is amended by adding at the end thereof the following new subsection (g): ''(g) Notwithstanding any provision of this section, when as a result of flood, hail, wind, tornado, or other natural disaster the Secretary determines (1) that one of the counties hereinafter listed has suffered a loss of 10 per centum or more in the number of acres of tobacco planted and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within Atkinson, Bacon, Berrien, Clinch, Cook, Lanier, Lowndes, or Ware Counties, Georgia, or Clarendon, Lee, Sumter, or Williamsburg Counties, South Carolina, which has suffered a loss of 30 per centum or more in the number of acres of tobacco planted of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county, or nearby counties within the same State, for use in such counties for the year 1973 on a farm or farms having a current tobacco allotment or quota of the same kind. I n the case of a lease and transfer to an owner or operator in another country pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of this subsection.". Approved August 1, 1973. Public Law 93-81

August 1, 1973 [H. R. 6717]

[87

•:>;?^

AN ACT To amend certain provisions of the I^nd and Water Conservation Fund Act of 1965 relating to the collection of fees in connection with the use of Federal areas for outdoor recreation purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section 4(b) of the Land and Water Conservation Fund Act of 1965, as amended (78 Stat. 897; 16 U.S.C. 4601-5), is amended to read as follows: "(b) SPECIAL RECREATION U S E FEES.—Each Federal agency developing, administering, or providing specialized sites, facilities, equipment, or services related to outdoor recreation shall provide for the collection of special recreation use fees for the use of sites, facilities, equipment, or services furnished at Federal expense: Provided, That in no event shall there be a charge for the day use or recreational use of those facilities or combination of those facilities or areas which virtually all visitors might reasonably be expected to utilize, such as, but not limited to, picnic areas, boat ramps where no mechanical or hydraulic equipment is provided, drinking water, wayside exhibits, roads, trails, overlook sites, visitors' centers, scenic drives, and toilet facilities. No fee may be charged for access to or use of any campground not having the following—flush restrooms, showers reasonably available, access and circulatory roads, sanitary disposal stations reasonably available, visitor protection control, designated tent or trailer spaces, refuse containers and potable water."

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Page:Tom Swift and His Airship.djvu/76

 CHAPTER VII

ANDY TRIES A TRICK

loss of time the young inventor and the aeronaut began to repair the damage done to the Red Cloud by colliding with the tower. The most important part to reconstruct was the propeller, and Mr. Sharp decided to make two, instead of one, in order to have an extra one in case of future accidents.

Tom's task was to arrange the mechanism so that, hereafter, the rudder could not become jammed, and so prevent the airship from steering properly. This the lad accomplished by a simple but effective device which, when the balloonist saw it, caused him to compliment Tom.

"That's worth patenting," he declared. "I advise you to take out papers on that."

"It seems such a simple thing," answered the youth. "And I don't see much use of spending the money for a patent. Airships aren't likely to Rh

title: Page:Tom Swift and His Airship.djvu/76


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Page:United States Statutes at Large Volume 87.djvu/211

 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

179

SEC. 2. Section 4(a)(2) of the Land and Water Conservation Fund Act of 1965, as amended (78 Stat. 879: 16 U.S.C. 4601-5), is amended ,

„ ',

^

'

' '

fe Stat. 459 16 USC 460i-6a.

to read as lollows: "Reasonable admission fees for a single visit at any designated area shall be established by the administering Secretary for persons who choose not to purchase the annual permit or who enter such an area by means other than by private, noncommercial vehicle. A 'single "single visit." visit' means that length of time a visitor remains within the exterior boundary of a designated fee area beginning from the day he first enters the area until he leaves, except that on the same day such admission fee is paid, the visitor may leave and reenter without the payment of an additional admission fee to the same area." Approved August 1, 1973. Public Law 93-82 AN ACT To amend title 38 of the United States Code to provide improved and expanded medical and nursing home care to veterans; to provide hospital and medical care to certain dependents and survivors of veterans; to provide for improved s t r u c t u r a l safety of Veterans' Administration facilities; to improve recruitment and retention of career personnel in the Department of Medicine and Surgery; and for other purposes.

August 2.1973 I^^. 59]

Be it enacted by 'the Senate and House of Representatives of the Veterans H e a l Viitted States of America in Congress assembled, That this Act may ca^rrE^xpan"k>n^ t h be cited as the "Veterans Health Care Expansion Act of 1973''. Act of 1973. TITLE I—HOSPITAL, DOMICILIARY, AND MEDICAL CARE B E N E F I T S SEC. 101. (a) Subparagraph (C) of section 601(4) of title 38, United States Code, is amended to read as follows: 82^starV202'*^' " (C) private facilities for which the Administrator contracts Definitions! in order to provide (i) hospital care or medical services for persons suffering from service-connected disabilities or from disabilities for which such persons were discharged or released from the active military, naval, or air service; (ii) hospital care for M^omen veterans; or (iii) hospital care for veterans in a State, territory. Commonwealth, or possession of the United States not contiguous to the forty-eight contiguous States, except that the annually determined average hospital patient load per thousand veteran population hospitalized at Veterans' Administration expense in Government and private facilities in each such noncontiguous State may not exceed the average patient load per thousand veteran population hospitalized by the Veterans' Administration within the forty-eight contiguous States; but authority under this clause (iii) shall expire on December 31, 1978. (b) Section 601(5) of such title is amended to read as follows: ^^ usc'eoi*^" "(5) The term 'hospital care' includes— " (A)(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) transportation and incidental expenses for any veteran who is in need of treatment for a serviceconnected disability or is unable to defray the expense of transportation; " (B) such mental health services, consultation, professional counseling, and training (including (i) necessary expenses for

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Page:United States Statutes at Large Volume 87.djvu/212

 180

Post, p. 1 8 1. 72 Stat. 1113; 80 Stat. 2 0 8. 38 USC 1 1 1.

P o s t, p. 181.

72 Stat. 1141; 74 Stat. 472. 38 USC 6 0 1.

H o s p i t a l care and medical services. 76 Stat. 3 8 1; 80 Stat. 27, 1377.

Post, p. 182. Outpatient c a r e. 74 Stat, 472; 83 Stat. 168.

PUBLIC LAW 93-82-AUG. 2, 1973

[87

STAT.

transportation if unable to defray such expenses; or (ii) necessary expenses of transportation and subsistence 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, under the terms and conditions set forth in section 111 of this title) of the members of the immediate family (including legal guardians) of a veteran or such a dependent or survivor of a veteran, or, in the case of a veteran or such dependent or survivor of a veteran who has no immediate family members (or legal guardian), the person in whose household such veteran, or such a dependent or survivor certifies his intention to live, as may be necessary or appropriate to the effective treatment and rehabilitation of a veteran or such a dependent or a survivor of a veteran; and " (C)(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title, and (ii) transportation and incidental expenses for such dependent or survivor of a veteran who is in need of treatment for any injury, disease, or disability and is unable to defray the expense of transportation.", (c) Section 601(6) of such title is amended by inserting immediately after "treatment," the following: "such home health services as the Administrator determines to be necessary or appropriate for the effective and economical treatment of a disability of a veteran or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title". SEC. 102. Section 610 of title 38, United States Code, is amended ^y— . . . (1) inserting in subsection (a) "or nursing home care" immediately after "hospital care" where it first appears; (2) striking out clause (1)(B) of subsection (a) and inserting in lieu thereof the following: " (B) any veteran for a non-service-connected disability if he is unable to defray the expenses of necessary hospital care;"; (3) amending subsection (c) to read as follows: "(c) While any veteran is receiving hospital care or nursing home care in any Veterans' Administration facility, the Administrator may, within the limits of Veterans' Administration facilities, furnish medical services to correct or treat any non-service-connected disability of such veteran, in addition to treatment incident to the disability for which he is hospitalized, if the veteran is willing, and the Administrator finds such services to be reasonably necessary to protect the health of such veteran."; and (4) adding at the end thereof the following new subsection: " (d) In no case may nursing home care be furnished in a hospital not under the direct and exclusive jurisdiction of the Administrator except as provided in section 620 of this title.". SEC. 103. (a) Subsection (f) of section 612 of title 38, United States Code, is amended to read as follows: "(f) The Administrator may also furnish medical services for any disability on an outpatient or ambulatory basis—

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 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

181

"(1) to any veteran eligible for hospital care under section 610 of this title (A) where such services are reasonably necessary in ^"'^' P- ^^"• preparation for, or to obviate the need of, hospital admission, or (B) where such a veteran has been granted hospital care and such medical services are reasonably necessary to complete treatment incident to such hospital care; and "(2) to any veteran who has a service-connected disability rated at 80 per centum or more.", 72 Stat. 1143. (b) Strike out sections 613 and 614 in their entirety and insert in 38 USC 613, lieu thereof: 614 "§613. Medical care for survivors and dependents of certain veterans " (a) The Administrator is authorized to provide medical care, in accordance with the provisions of subsection (b) of this section, for— "(1) the wife or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability, and "(2) the widow or child of a veteran who died as a result of a service-connected disability who are not otherwise eligible for medical caie under chapter 55 of title 10 ( C H A M P U S).

,

72 Stat. 1445

"(b) I n order to accomplish the purposes of subsection (a) of this ^'^lo'usc'ioVi section, the Administrator shall provide for medical care in the same or similar manner and subject to the same or similar limitations as medical care is furnished to certain dependents and survivors of active duty and retired members of the Ai-med Forces undei- chapter 55 of title 10 ( C H A M P U S), by— "(1) entering into an agreement with the Secretary of Defense under which the Secretary shall include coverage for such medical care under the contract, or contracts, he enters into to carry out such chapter 55, and under which the Administrator shall fully T-eimburse the Secretary for all costs and expenditures made for the purposes of affording the medical care authorized pursuant (o this section; or '' (2) contracting in accordance with such regulations as he shall prescribe for such insurance, medical service, or health plans as he deems appropriate. In cases in which Veterans' Administration medical facilities are particularly equipped to provide the most effective care and treatment, the Administrator is also authorized to carry out such purposes through the use of such facilities not being utilized for the care of eligible veterans. "§614. Fitting and training in use of prosthetic appliances; seeing-eye dogs •'(a) Any veteran who is entitled to a prosthetic appliance shall be furnished such fitting and training, including institutional training, in the use of such appliance as may be necessary, whether in a Veterans' Administration facility or other training institution, or by outpatient treatment, including such service under contract, and including

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Page:United States Statutes at Large Volume 87.djvu/214

 182

PUBLIC LAW 93-82-AUG. 2, 1973

[87 STAT.

necessary travel expenses to and from his home to snch hospital or tr-aining institution. ''(b) The Administrator may provide seeing-eye or guide dogs trained for the aid of the blind to veterans who are entitled to disability compensation, and he may pay all necessary travel expenses to and from their homes and incurred in becoming adjusted to such seeing-eye or guide dogs. The Administrator may also provide such veterans with mechanical or electronic equipment for aiding them in overcoming the handicap of blindness.". (c) The table of sections at the beginning of (*]iaptei- 17 of such title is amended by striking out "613. Fitting and training in nse of prostlietic appliances. "614. Seeing-eye dogs."

and inserting '•613. Medical care for survivorvS and dependents of certain veterans. "614. Fitting and training in use of prosthetic appliances; seeing-eye dogs.'".

Nursing home care 78*Stat. 500; 83 Stat. 167.

^j^,^._ J^Q^^ (^,^^ yj^^ ^^.g^ seutence of subsection (a) of section 020 of title 38, United States Code, is amended by redesignating clauses (1) .,j^(j ^2) as clauscs (i) and (ii), respectively; and by amending that portion preceding such clauses to read as follows: " (a) Subject to subsection (b) of this section, the Administrator may transfer— "(1) any veteran Avho has been furnished care by the Administrator in a hospital undei- the direct and exclusive jurisdiction of the Administrator, and "(2) any person (A) who has been furnished care in any hospital of any of the Armed Forces, (B) who the appropriate Secretary concerned has determined has received maximum hospital benefits but requires a protracted period of nursing home care, and (C) who upon discharge therefrom will become a veteran to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care, for care at the expense of the United States, only if the Administrator determines that—". (b) The second sentence of section 620(a) of such title is amended by striking out the designations (A) and (B) and inserting in lieu thereof (I) and ( II). (c) Section 620(b) of such title is amended (1) by adding "or admitted" after "transferred" and (2) by adding at the end thereof the following: "The standards prescribed and any report of inspection of institutions furnishing care to veterans under this section made by or for the Administrator shall, to the extent possible, be made available to all Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.". (d) Section 620 of such title is further amended by adding at the end thereof the following new subsection (d): " (d) Subject to subsection (b) of this section, the Administrator may authorize for any veteran requiring nursing home care for a service-connected disability direct admission for such care at the expense

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 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

183

of the United States to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care. Such admission may be authorized upon determination of need therefor by a physician employed by the Veterans' Administration or, in areas where no such physician is available, carrying out such function under contract or fee arrangement based on an examination by such physician. The amount which may be paid for such care and the length of care available under this subsection shall be the same as authorized under subsection (a) of this section.". SEC. 105. (a) Section 626 of title 38, United States Code, is amended by striking out "fire" and inserting in lieu thereof "fire, earthquake, or other natural disaster". (b) The catchline at the beginning of section 626 of such title is amended to read as follows: "§626. Reimbursement for loss of personal effects by natural disaster". SEC. 106. (a) Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end thereof the following new .•

'2 Stat. 114 4.

72 Stat. 1143. 38lJSC621..

section: "§ 628. Reimbursement of certain medical expenses " (a) The Administrator may, under such regulations as he shall prescribe, reimburse veterans entitled to hospital care or medical services under this chapter for the reasonable value of such care or services (including necessary travel), for which such veterans have made payment, from sources other than the Veterans' Administration, where— " (1) such care or services were rendered in a medical emergency of such nature that they would have been hazardous to life or health; "(2) such care or services were rendered to a veteran in need thereof (A) for an adjudicated service-connected disability, (B) for a non-service-connected disability associated with and held to be aggravating a service-connected disability, (C) for any disability of a veteran who has a total disability permanent in nature from a service-connected disability, or (D) for any illness, "' " « ' injury, or dental condition in the case of a veteran who is found to be (i) in need of vocational rehabilitation under chapter 31 of this title and for whom an objective had been selected or (ii) „P ^'^*- ^^^'^ •

a

'

...

•.

^,'

pursuing a course of vocational rehabilitation training and is medically determined to have been in need of care or treatment to make possible his entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition; and "(3) Veterans'Administration or other Federal facilities were not feasibly available, and an attempt to use them beforehand would not have been reasonable, sound, wise, or practical. "(b) In any case where reimbursement would be in order under subsection (a) of this section, the Administrator may, in lieu of reimbursing such veteran, make payment of the reasonable value of care or services directly— " (1) to the hospital or other health facility furnishing the care or services; or

79 Stat

577

33 USC is'oi.

• '•"^^

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Page:United States Statutes at Large Volume 87.djvu/216

 184

so^star^ssV"*^' 38 USC 63*1,

Ante. p. 180.

72 Stat. 1113; '°38 USC °n*i.

Ante, p. 182.

PUBLIC LAW 93-82-AUG. 2, 1973

[87 STAT.

"(2) to the person or organization making* such expenditure on behalf of such veteran.", (b) The table of sections at the beginning of such chapter is amended by deleting "626. Reimbursement for loss of personal effects by fire. "627. Persons eligible under prior law." and inserting in lieu thereof "626. Reimbursement for loss of personal effects by natural disaster. "627. Persons eligible under prior law. "628. Reimbursement of certain medical expenses.". SEC. 107. (a) Chapter 17 of title 38, United States Code, is amended ^y striking out sections 631 and 632 in their entirety and inserting in lieu thereof the following: "§ 631. Assistance to the Republic of the Philippines "The President is authorized to assist the Republic of the Philippines in providing medical care and treatment for Commonwealth Army veterans and new Philippine Scouts in need of such care and treatment for service-connected disabilities and non-service-connected disabilities under certain conditions. services and nursing home care " (a) The President, with the concurrence of the Republic of the Philippines, may authorize the Administrator to enter into a contract with the Veterans Memorial Hospital, with the approval of the appropriate department of the Government of the Republic of the Philippines, covering the period beginning on July 1, 1973, and ending on June 30, 1978, under which the United States— "(1) will pay for hospital care in the Republic of the Philippines, or for medical services which shall be provided either in the Veterans Memorial Hospital, or by contract, or otherwise by the Administrator in accordance with the conditions and limitations applicable generally to beneficiaries under section 612 of this title, for Commonwealth Army veterans and new Philippine Scouts determined by the Administrator to be in need of such hospital care or medical services for service-connected disabilities; "(2) will pay for hospital care at the Veterans Memorial Hospital for Commonwealth Army veterans, and for new Philippine Scouts if they enlisted before July 4, 1946, determined by the Administrator to need such care for non-service-connected disabilities if they are unable to defray the expenses of necessary hospital care; "(3) may provide for the payment of travel expenses pursuant to section 111 of this title for Commonwealth Army veterans and ^6w Philippine Scouts in connection with hospital care or medical services furnished them; "(4) may provide for payments for nursing home care, on the same terms and conditions as set forth in section 620(a) of this ^^^j^^ ^^^ ^^^ Commonwealth Army veteran or new Philippine Scout determined to need such care at a per diem rate not to exceed 50 per centum of the hospital per diem rate established pursuant to clause (6) of this subsection;
 * §632. Contracts and grants to provide hospital care, medical

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Page:United States Statutes at Large Volume 87.djvu/217

 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

"(5) may provide that payments for hospital care and for medical services provided to Commonwealth Army veterans and new Philippine Scouts or to United States veterans may consist in whole or in part of available medicines, medical supplies, and equipment furnished by the Administrator to the Veterans Memorial Hospital at valuations therefor as determined by the Administrator, who may furnish through the revolving supply fund, pursuant to section 5011 of this title, such medicines, medical supplies, and equipment as necessary for this purpose and to use therefore, as applicable, appropriations available for such payments; "(6) will provide for payments for such hospital care at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; and "(7) may stop payments under any such contract upon reasonable notice as stipulated by the contract if the Republic of the Philippines and the Veterans Memorial Hospital fail to maintain such hospital in a well-equipped and effective operating condition, as determined by the Administrator. "(b) The total of the payments authorized by subsection (a) of this section shall not exceed $2,000,000 for any one fiscal year ending before July 1, 1978, which shall include an amount not to exceed $250,000 for any one such fiscal year for the purposes of clause (4) of such subsection. "(c) The contract authorized by subsection (a) of this section may provide for the use by the Republic of the Philippines of beds, equipment, and other facilities of the Veterans Memorial Hospital at Manila, not required for hospital care of Commonwealth Army veterans or new Philippine Scouts for service-connected disabilities, for hospital care of other persons in the discretion of the Republic of the Philippines except that (1) priority of admission and retention in such hospital shall be accorded Commonwealth Army veterans and new Philippine Scouts needing hospital care for service-connected disabilities, and (2) such use shall not preclude the use of available facilities in such hospital on a contract basis for hospital care or medical services for persons eligible therefor from the Veterans' Administration. " (d) To further assure the effective care and treatment of patients in the Veterans Memorial Hospital, there is authorized to be appropriated for each fiscal year during the five years beginning July 1, 1973, and ending June 30, 1978— " (1) the sum of $50,000 to be used by the Administrator for making grants to the Veterans Memorial Hospital for the purpose of education and training of health service personnel who are assigned to such hospital; and "(2) the sum of $50,000 to be used by the Administrator for making grants to the Veterans Memorial Hospital for the purpose of assisting the Republic of the Philippines in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of such hospital.

185

75^8131^6*75^'^' 38 USC son.

n^^auon!^'

Appropriation.

Grants,

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PUBLIC LAW 93-82-AUG. 2, 1973

Terms and conditions.

80 Stat. 8 5 9. 38 USC 622, 6 3 2, 634.

Ante,

p. 184.

Nursing home care abroad. 72 Stat. 1144. Ante, Ante,

p. 182. p. 184.

72 Stat. 1141, 38 USC 6 0 1.

[87

STAT.

Such grants shall be made on such terms and conditions as prescribed by the Administrator, including ajjproval by him of all education and training programs conducted by the hospital under such grants. Any appropriation made for carrying out the purposes of clause (2) of this subsection shall remain available until expended.". (b) The table of sections at the beginning of such chapter 17 is amended by striking out "631. Grants to the Republic of the Philippines. "632. Modification of agreement with the Republic of the Philippines effectuating the Act of July 1, 1948." and inserting in lieu thereof , .^ " " "631. Assistance to the Republic of the Philippines. "632. Contracts and grants to provide hospital care, medical services and nursing home care.". (c) Nothing in subsection (a) of this section shall be deemed to affect in any manner any right, cause, obligation, contract (specifically including that contract executed April 25, 1967, between the Government of the Republic of the Philippines and the Government of the United States resulting from Public Law 89-612, which shall remain in force and effect until modified or superseded by an agreement executed under authority of this Act), authorization of appropriation, grant, function, power, or duty vested by law or otherwise under the provisions of section 632 of title 38, United States Code, in effect on the day before the date of enactment of this section. SEC. 108. (a) Section 624 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: " (d) The Administrator may furnish nursing home care, on the same terms and conditions set forth in section 620(a) of this title and at the same rate as specified in section 632(a)(4) of this title, to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who requires a protracted period of nursing home care.". (b) The catchline at the beginning of section 624 of such title is amended to read as follows: "§ 624. Hospital care, medical services and nursing home care abroad". SEC. 109. (a) Chapter 17 of title 38, United States Code, is further amended by adding at the end thereof the following new subchapter: "Subchapter VI—Sickle Cell Anemia "§ 651. Screening, counseling, and medical treatment "The Administrator is authorized to carry out a comprehensive program of providing sickle cell anemia screening, counseling, treatment, and information under the provisions of this chapter. "§652. Research "The Administrator is authorized to carry out research and research training in the diagnosis, treatment, and control of sickle cell anemia

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 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

based upon the screening examinations and treatment provided under this subchapter. " (a) The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title. "(b) The Administrator shall promulgate rules and regulations to insure that all information and patient records prepared or obt«ined under this subchapter shall be held confidential except for (1) such information as the patient (or his guardian) requests in writing to be released or (2) statistical data compiled without reference to patient names or other identifying characteristics.
 * '§ 653. Voluntary participation; confidentiality

187

Rules and regulations.

"§ 654. Reports "The Administrator shall include in the annual report to the Con- c^^resV° gress required by section 214 of this title a comprehensive report on 72 Stat.'ius. the administration of this subchapter, including such recommenda- ^^ use 214. tions for additional legislation as the Administrator deems necessary.". (b) The analysis at the beginning of such chapter is amended by adding at the end thereof: " SUBCHAPTER VI

SICKLE CELL ANEMIA

"651. Screening, counseling, and medical treatment. "652. Research. "653. Voluntary participation; confidentiality. "654. Reports.". TITLE II — AMENDMENTS TO C H A P T E R 73 O F TITLE 38, UNITED STATES CODE, R E L A T I N G TO THE DEPARTMENT OF M E D I C I N E AND S U R G E R Y SEC. 201. Section 4101 of title 38, United States Code, is amended goltauVaes!^' by amending subsection (b) to read as follows: " (b) In order to carry out more effectively the primary function pe^ronn'liJdul of the Department of Medicine and Surgery to provide a complete cation program. medical and hospital service for the medical care and treatment of veterans and in order to assist in providing an adequate supply of health manpower to the Nation, the Administrator shall, to the extent feasible without interfering with the medical care and treatment of veterans, develop and carry out a program of education and training of such health manpower (including the developing and evaluating of new health careers, interdisciplinary approaches and career advancement opportunities), and shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as physicians' assistants, dentists' assistants, and other medical technicians (including advising all such qualified veterans and servicemen about to be discharged or released from active duty of such employment opportunities), acting in cooperation with such schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, "or allied health professions; other institutions of higher learning; medical centers; academic health centers; hospitals; and such other public or nonprofit agencies, institutions, or organizations as the Administrator deems appropriate. Review agree"(c)(1) Within ninety days after enactment of this subsection, the ment. Administrator, in consultation with the Chief Medical Director, is

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Reports to Administrator and Congress.

Report to cong r e s s i o n a l committees.

National Academy of S c i e n c e s, cooperation.

78 Stat. 409; 50 Stat. 1368.

81 Stat. 6 3 1; 84 Stat. 1092.

Supra.

PUBLIC LAW 93-82-AUG. 2, 1973

[87

STAT.

directed to conclude negotiations for an agreement with the National Academy of Sciences under which such Academy (utilizing its full resources and expertise) will conduct an extensive review and appraisal of personnel and other resource requirements in Veterans' Administration hospitals, clinics, and other medical facilities to determine a basis for the optimum numbers and categories of such personnel and other resources needed to insure the provision to eligible veterans of high quality care in all hospital, medical, domiciliary, and nursing home facilities. Such agreement shall provide that (A) at the earliest feasible date interim reports and the final report will be submitted by the National Academy of Sciences to the Administrator, the President of the Senate, and the Speaker of the House of Representatives, and (B) the final report will be submitted no later than twenty-four months after the date of the agreement except that the Administrator, in consultation with the Chief Medical Director and after consultation with the Houss and Senate Committees on Veterans' Affairs, may permit an extension up to twelve additional months. "(2) Within ninety days after the submission of the final report described in subsection (a) of this section, the Administrator shall submit to the Senate and House Committees on Veterans' Affairs a detailed report of his views on the National Academy of Sciences' findings and recommendations submitted in such report, including (A) the steps and timetable therefor (to be carried out in not less than three years) he proposes to take to implement such findings and recommendations and (B) any disagreements, and the reasons therefor, with respect to such findings and recommendations. "(3) The Administrator shall cooperate fully with the National Academy of Sciences, and make available to the Academy all such staff, information, records, and other assistance, and shall set aside for such purposes such sums, as are necessary to insure the success of the study.". SEC. 202. Section 4103(a) of title 38, United States Code, is amended—• (1) by amending paragraph (4) to read as follows: "(4) Not to exceed eight Assistant Chief Medical Directors, who shall be appointed by the Administrator upon the recommendations of the Chief Medical Director. Not more than two Assistant Chief Medical Directors may be individuals qualified in the administration of health services who are not doctors of medicine, dental surgery, or dental medicine. One Assistant Chief Medical Director shall be a qualified doctor of dental surgery or dental medicine who shall be directly responsible to the Chief Medical Director for the operation of the Dental Service."; and (2) by amending paragraph (7) to read as follows: "(7) A Director of Pharmacy Service, a Director of Dietetic Service, and a Director of Optometry, appointed by the Administrator.". SEC. 203. Section 4107 of title 38, United States Code, is amended by— (1) amending subsections (a) and (b) to read as follows: " (a) The per annum full-pay scale or ranges for positions provided in section 4103 of this title, other than Chief Medical Director and Deputy Chief Medical Director, shall be as follows: "Section 4103 Schedule

83 Stat. 864.

"Associate Deputy Chief Medical Director, at the annual rate provided in section 5316 of title 5 for positions in level V of the Executive Schedule.

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PUBLIC LAW 93-82-AUG. 2, 1973

"Assistant Chief Medical Director, $41,734. "Medical Director, $36,103 minimum to $40,915 maximum. "Director of Nursing Service, $36,103 minimum to $40,915 maximum. "Director of Chaplain Service, $31,203 minimum to $39,523 maximum. "Director of Pharmacy Service, $31,203 minimum to $39,523 maximum. "Director of Dietetic Service, $31,203 minimum to $39,523 maximum. "Director of Optometry, $31,203 minimum to $39,523 maximum. "(b)(1) The grades and per annum full-pay ranges for positions provided for in paragraph (1) of section 4104 of this title shall be as n It

189

^2 Stat. 1244. 38 USC 4104.

follows: "Physician and Dentist Schedule "Director grade, $31,203 minimum to $39,523 maximum. "Executive grade, $28,996 minimum to $37,699 maximum. "Chief grade, $26,898 minimum to $34,971 maximum. "Senior grade, $23,088 minimum to $30,018 maximum. "Intermediate grade, $19,700 minimum to $25,613 maximum. "Full ^rade, $16,682 minimum to $21,686 maximum. "Associate grade, $13,996 minimum to $18,190 maximum. "Nurse Schedule "Director grade, $26,898 minimum to $34,971 maximum. "Assistant Director grade, $23,088 minimum to $30,018 maximum. "Chief grade, $19,700 minimum to $25,613 maximum. "Senior grade, $16,682 minimum to $21,686 maximum. "Intermediate grade, $13,996 minimum to $18,190 maximum. "Full grade, $11,614 minimum to $15,097 maximum. "Associate grade, $10,012 minimum to $13,018 maximum. "Junior grade, $8,572 minimum to $11,146 maximum. "(2) No person may hold the director grade in the 'Physician and Dentist Schedule' unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent). No person may hold the executive grade unless he holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or comparable position."; and (2) adding at the end thereof the following new subsections: " (d) The limitations in section 5308 of title 5 shall apply to pay P«y limitation. under this section. "(e)(1) In addition to the basic compensation provided for nurses Additional comin subsection (b)(1) of this section, a nurse shall receive additional ^^"^^ '°"compensation as provided by paragraphs (2) through (8) of this subsection. "(2) A nurse performing service on a tour of duty, any part of which is within the period commencing at 6 postmeridian and ending at 6 antemeridian, shall receive additional compensation for each hour of service on such tour at a rate equal to 10 per centum of the employee's basic hourly rate, if at least four hours of such tour fall between 6 postmeridian and 6 antemeridian. When less than four hours of such tour fall between 6 postmeridian and 6 antemeridian, the nurse shall be paid the differential for each hour of work performed between those hours. "(3) A nurse performing service on a tour of duty, any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday, shall receive additional compensation for

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[87 STAT.

each hour of service on such tour at a rate equal to 25 per centum of such nurse's basic hourly rate. "(4) A nurse performing service on a holiday designated by Federal statute or Executive order shall receive such nurse's regular rate of basic pay, plus additional pay at a rate equal to such regular rate of basic pay, for that holiday work, including overtime work. Any service required to be performed by a nurse on such a designated holiday shall be deemed to be a minimum of two hours in duration. "(5) A nurse performing officially ordered or approved hours of service in excess of forty hours in an administrative workweek, or in excess of eight hours in a day, shall receive overtime pay for each hour of such additional service; the overtime rates shall be one and one-half times such iiurse's basic hourly rate, not to exceed one and one-half times the basic hourly rate for the minimum rate of Intermediate grade of the Nurse Schedule. For the purposes of this paragraph, overtime must be of at least fifteen minutes duration in a day to be creditable for overtime pay. Compensatory time off in lieu of pay for service performed under the provisions of this paragraph shall not be permitted. Any excess service performed under this paragraph on a day when service was not scheduled for such nurse, or for which such nurse is required to return to her place of employment, shall be deemed to be a minimum of two hours in duration. Computation of ^^(^) For the purpose of computing the additional compensation p y. provided by paragraph (2), (3), (4), or (5) of this subsection, a nurse's basic hourly rate shall be derived by dividing such nurse's annual rate of basic compensation by two thousand and eighty. "(7) When a nurse is entitled to two or more forms of additional pay under paragraph (2), (3), (4), or (5) for the same period of duty, the amounts of such additional pay shall be computed separately on the basis of such nurse's basic hourly rate of pay, except that no overtime pay as provided in paragraph (5) shall be payable for overtime service performed on a holiday designated by. Federal statute or Executive order in addition to pay received under paragraph (4) for such service. "(8) A nurse who is officially scheduled to be on call outside such nurse's regular hours shall be compensated for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 per centum of the hourly rate for excess service as provided in paragraph (5) of this subsection. "(9) Any additional compensation paid pursuant to this subsection shall not be considered as basic compensation for the purposes of subchapter VI and section 5595 of subchapter IX of chapter 55, chapter 81, „qj^^^ ^551' 83, or 87 of title 5, or other benefits based on basic compensation.". 8701.' ' '' ' ' ° ' ' SEC. 204. (a) Section 4108 of title 38, United States Code, is amended 76 Stat. 860. to read as follows: "§ 4108. Personnel administration " (a) Notwithstanding any law. Executive order, or regulation, the Administrator shall prescribe by regulation the hours and conditions of employment and leaves of absence of physicians, dentists, and nurses appointed to the Department of Medicine and Surgery, except that the hours of employment in carrying out responsibilities under this title of any physician, dentist (other than an intern or resident Post, p. 192. appointed pursuant to section 4114 of this title), or nurse appointed on a full-time basis who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title, shall consist of not less than eighty hours in a biweekly pay period 80 Stat. 475. ^j^g \^^^ term is used in section 5504 of title 5), and no such person may—

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"(1) assume responsibility for the medical care of any patient ^ ^'^g^s^a^'d^'^^' other than a patient admitted for treatment at a Veterans' Admin- nurse^s.^pro^ibiistration facility, except in those cases where the individual, upon tions. request and with the approval of the Chief Medical Director, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed one hundred and eighty calendar days, which may be extended by the Chief Medical Director for additional periods not to exceed one hundred and eighty calendar days each; "(2) teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or duration, conflict with his responsibilities under this title; " (3) accept payment under any insurance or assistance program established under subchapter X VIII, or X IX of chapter 7 of title 42, or under chapter 55 of title 10 for professional services ren- ^2 USC 1395, dered by him while carrying out his responsibilities under this 10 USC 1071. title; "(4) accept from any source, with respect to any travel performed by him in the course of carrying out his responsibilities under this title, any payment or per diem for such travel, other than as provided for in section 4111 of title 5; so Stat. 437 "(5) request or permit any individual or organization to pay, on his behalf, for insurance insuring him against malpractice claims arising in the course of carrying out his responsibilities under this title or for his dues or similar fees for membership in medical or dental societies or related professional associations, except where such payments constitute a part of his remuneration for the performance of professional responsibilities permitted under this section, other than those carried out under this title; and "(6) perform, in the course of carrying out his responsibilities ^"""^ raising for 1^ ', 1 •

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affiliated institu-

under this title, proiessional services tor the purpose 01 generat- tions, prohibition. ing money for any fund or account which is maintained by an affiliated institution for the benefit of such institution, or for his personal benefit, or both, and in the case of any such fund or account established before the effective date of this subsection— " (A) the affiliated institution shall submit semiannually ubiT/diTrirsure an accounting to the Administrator and to the Comptroller General of the United States with respect to such fund or account, and thereafter shall maintain such fund or account subject to full public disclosure and audit by the Administrator and the Comptroller General for a period of three years or for such longer period as the Administrator shall prescribe, and " (B) no physician, dentist, or nurse may receive, after the effective date of this subsection, any cash from amounts deposited in such fund or account derived from services performed prior to the efl'ective date of this subsection. "(b) As used in this section, the term 'affiliated institution' means ^HH^H!!!!^'^'^ *"' stitution. any medical school or other institution of higher learning with which the Administrator has a contract or agreement pursuant to section 4112 (b) of this title for the training or education of health manpower. "(c) As used in this section, the term 'remuneration' means the receipt of any amount of monetary benefit from any non-Veterans' ^.o "Remunerati n." Administration source in payment for carrying out any professional responsibilities.".

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Page:Tom Swift and His Airship.djvu/77

Rh be so numerous that I could make anything off that patent."

"You take my advice," insisted Mr. Sharp. "Airships are going to be used more in the future than you have any idea of. You get that device patented."

Tom did so, and, not many years afterward he was glad that he had, as it brought him quite an income.

It required several days' work on the Red Cloud before it was in shape for another trial. During the hours when he was engaged in the big shed, helping Mr. Sharp, the young inventor spent many minutes calling to mind the memory of a certain fair face, and I think I need not mention any names to indicate whose face it was.

"She promised to go for a ride with me," mused the lad. "I hope she doesn't back out. But I'll want to learn more about managing the ship before I venture with her in it. It won't do to have any accidents then. There's Ned Newton, too. I must take him for a skim in the clouds. Guess I'll invite him over some afternoon, and give him a private view of the machine, when we get it in shape again."

About a week after the accident at the school Mr. Sharp remarked to Tom one afternoon:

"If the weather is good to-morrow, we'll try

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Page:United States Statutes at Large Volume 87.djvu/224

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PUBLIC LAW 93-82-AUG. 2, 1973

[87 STAT.

(b) The table of sections at the beginning of chapter 73 of such title is amended by striking out "4108. Administration,"

and inserting in lieu thereof "4108. Personnel administration.". 72 Stat. 1246. SEC. 205. (a) SectJou 4109 of title 38, United States Code, is amended by striking out "the Civil Service Eetirement Act"' and inserting in lieu thereof "chapter 83 of title 5". 80 Stat. 1370. (b) Subsection (b) of section 4112 of such title 38, is amended by striking out "service personnel" in the first sentence immediately after "health" and by inserting in lieu thereof "manpower". 7 2 Stat. 1247; SEC. 206. Section 4114 of title 38, United States Code, is amended 76 Stat. 309.

,. n

'

'

as lollows: (1) by striking out the words "ninety days" in the last sentence of paragraph (3)(A) of subsection (a) and inserting in lieu thereof "one year"; (2) by inserting " (1) " immediately after " (b) " at the beginning of subsection (b) of such section and by adding at the end of such subsection the following new paragraphs: "Intern." " (£) For the purposes of this title, the term 'intern' shall include an internship or the equivalency thereof, as determined in accordance with regulations which the Administrator shall prescribe. Internships, "^3^ jj^ Order to Carry out more efficiently the provisions of parais^t"aaon.^ ^ ™^"' graph (1) of this subsection, the Administrator may contract with one or more hospitals, medical schools, or medical installations having hospital facilities and participating with the Veterans' Administration in the training of interns or residents to provide for the central administration of stipend payments, provision of fringe benefits, and maintenance of records for such interns and residents by the designation of one such institution to serve as a central administrative agency for this purpose. The Administrator may pay to such designated agency, without regard to any other law or regulation governing the expenditure of Government moneys either in advance or in arrears, an amount to cover the cost for the period such intern or resident serves in a Veterans' Administration hospital of (A) stipends fixed by the Administrator pursuant to paragraph (1) of this subsection, (B) hospitalization, medical care, and life insurance, and any other employee benefits as are agreed upon by the participating institutions for the period that such intern or resident serves in a Veterans' Administration hospital, (C) tax on employers pursuant to chapter 21 of 26 USC 3101. the Internal Revenue Code of 1954, where applicable, and in addition, (D) an amount to cover a pro rata share of the cost of expense of such central administrative agency. Any amounts paid by the Administrator to such central administrative agency to cover the cost of hospitalization, medical care, or life insurance or other employee benefits shall be in lieu of any benefits of like nature to which such intern Qj. resident may be entitled under the provisions of title 5, and the s es^usc 101 et q acceptance of stipends and employee benefits from the designated central administrative agency shall constitute a waiver by the recipient of any claim he might have to any payment of stipends or employee benefits to which he may be entitled under this title or title 5. Notwithstanding the foregoing, any period of service of any such intern or resident in a Veterans' Administration hospital shall be deemed creditso Stat. 567. able service for the purposes of section 8332 of title 5. The agreement may further provide that the designated central administrative agency shall make all appropriate deductions from the stipend of each intern and resident for local, State, and Federal taxes, maintain all records

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193

pertinent thereto and make proper deposits thereof, and shall maintain all records pertinent to the leave accrued by such intern and resident for the period during which he serves in a participating hospital, including a Veterans' Administration hospital. Such leave may be pooled, and the intern or resident may be atforded leave by the hospital in which he is serving at the time the leave is to be used to the extent of his total accumulated leave, whether or not earned at the hospital in which he is serving at the time the leave is to be afforded."; and (3) by adding at the end thereof the following new subsection: "(e) The program of training prescribed by the Administrator in order to qualify a person for the position of full-time physician's assistant or dentist's assistant shall be considered a full-time institutional program for purposes of chapter 34 of this title. The xldmin- so stat, 12; istrator may consider training for such a position to be on a less than 33 USC les'i. full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week.-'. SEC. 207. Section 4116 of title 38, United States Code, is amended— nJ^ufenceTuus'^ (1) by amending subsection (a) to read as follovv's: so Stat. 307. " (a) The remedy— "(1) against the United States provided by sections 1346(b) and 2672 of title 28, or 62 Stat. 933. "(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, physicians' assistant, dentists' assistant, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of his duties in or for the Department of Medicine and Surgery shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, physicians' assistant, dentists' assistant, pharmacist, or par-amedical or other supporting personnel (or his estate) whose act or omission gave rise to such claim.'"; (2) by striking out the last sentence in subsection (c) and insert- 79 Stat. use. ing in lieu thereof the following: "After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of his office or employment, the case shall be remanded to the State court."; and (3) by adding at the end thereof the following new subsection: Liabinty insur"(e) The Administrator may, to the extent he deems appropriate, ance. hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a) of this section), for damage for personal injury or death, or for property damage, negligently caused by such person while furnishing medical care or treatment (including the conduct of clinical studies or investigations) in the exercise of his duties in or for the Department of Medicine and Surgery, if such person is assigned to a foreign country, detailed to State or political division thereof, or is

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[87 STAT.

acting under any other cirelunstances which would preclude the remedies of an injured third person against the United States, provided by 62 Stat. 933. sectious 1846(b) and 2672 of title 28, for such damape or iniurv.*'. Scarce medical SEC. 208. Section 4117 of title 88, United States Code, is amended to services, conI'ead as follows t "The Administrator may enter into contracts with medical schools, clinics, and any other group or individual capable of furnishino; such services to provide scarce medical specialist services at Veterans' Administration facilities (including, but not limited to, services of physicians, dentists, nurses, physicians' assistants, dentists' assistants, technicians, and other medical support personnel).'". TITLE: in—AMENDMENTS TO CHAPTER 8i O F TITLE as, UNITED STATES CODP]—ACQUISITION AND OPERATION OF H O S P I T A L AND D O M I C I L I A R Y F A C I L I T I E S; PRO(TTREMENT AND S U P P L Y SEC. 801. (a) Subsection (a) of section 5001 of title 88, United 7 2 Stat. 1251; States Code, is amended by— ^ ^*^*' • (1) striking out the period at the end of paragraph (2) and inserting in lieu thereof a comma and the following: "and the x^dministrator shall staff and maintain, in such a manner as to insure the immediate acceptance and timely and complete care of patients, sufficient beds and other treatment capacities to accommodate, and provide such care to, eligible veterans applying for admission and found to be in need of hospital care or medical services. The Administrator shall maintain the bed and treatment capacities of all Veterans' Administration medical facilities so as to insure the accessibility and availability of such beds and treatment capacities to eligible veterans in all States and to minimize delays in admissions and in the provision of such care and of services pursuant to section 612 of this title. The Chief ]Medica1 Director shall periodically analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care and medical services but are rejected or not immediately admitted or provided such care or services, and the Administrator shall annually advise the House and Senate Committees on Veterans' Affaire of the results of such analysis and the number of any additional beds and treatment capacities and the appropriate staffing and funds therefor found necessary to meet the needs of such veterans for such necessary care and services."; and (2) striking out in the first sentence of paragraph (3) "is authorized to" and inserting in lieu thereof "shall", and by striking out "four thousand beds" and inserting in lieu thereof "eight thousand beds in the fiscal year ending June 80, 1974, and in each fiscal year thereafter", (b) Subsection (b) of section 5001 of such title is amended to read as follows:
 * 'To*Stat. 1372.

Ante, p. 182.

"(b) Hospitals, domiciliaries, and other medical facilities provided by the Administrator (including nursing home facilities for which the Administrator contracts under section 620 of this title) shall be of fire, ear-th(piake, and other natural disaster resistant construction in accordance with standards which the Administrator shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building codes and climatic and seismic conditions pertinent to each such facility. When an existing plant is purchased, it shall be remodeled to comply with the re([uirements stated in the first

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