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 PUBLIC LAW 98-219—FEB. 17, 1984

98 STAT. 13

under such reasonable terms and conditions as the Secretary may prescribe: Provided, That the Secretary shall permit the tribe to use and occupy, on an exclusive basis, so much of the national forest land in subsection (b) abutting Fish Lake as is necessary for such religious and ceremonial purposes during and including the second and third weeks of June and the first and second weeks of September of each year, under such reasonable terms and conditions as the Secretary may prescribe. (b) The land referred to in subsection (a) is the parcel of land depicted on the map contained in the document entitled "Proposed Paiute Indian Tribe of Utah Reservation Plan", dated January 24, 1982, and published by the United States Department of the Interior, Bureau of Indian Affairs, as follows: Parcel numbered 6: Fish Lake; figure 9, page 117. SEC. 4. (a) There is hereby established in the Treasury of the 25 USC 766 note. United States a fund to be known as the Paiute Indian Tribe of Utah Economic Development and Tribal Government Fund. This Fund shall be held in trust for the benefit of the tribe and administered in accordance with this Act. (b)(1) One-half of the principal of the Fund shall be designated as the Economic Development Fund and the remaining one-half as the Tribal Government Fund. Each portion of the Fund shall be administered by the Secretary in accordance with reasonable terms established by the tribe and agreed to by the Secretary. The Secretary shall not agree to terms which provide for the investment of the Fund in a manner not in accordance with section 1 of the Act of June 24, 1938 (52 Stat. 1037), unless the tribe first submits a specific 25 USC I62a. waiver of liability on the part of the United States for any loss which may result from such an investment. Until such terms have been agreed upon, the Secretary shall fix the terms for the administration of any portion of the Fund as to which there is no agreement. (2) Under no circumstances shall any part of the principal of the Fund be distributed to the tribe, or to any member of the tribe, nor shall income accruing to the Fund be used for per capita payments to any member of the tribe. (3) The Secretary shall make available to the tribe in quarterly payments, without any deductions, any income received from the investment of each fund. The use of the income from the Tribal Government Fund shall be free of regulation by the Secretary. The use of the income from the Economic Development Fund shall be consistent with an economic development plan developed by the tribe and approved by the Secretary. The Secretary shall approve such plan within sixty days of its submission if he finds that it is reasonably related to the economic development of the tribe. If the Secretary does not approve such plan, he shall, at the time of his decision, set forth in writing the reasons for his disapproval. With the approval of the Secretary, the tribe may alter the economic development plan subject to the conditions set forth in this section. (c) There is authorized to be appropriated in fiscal year 1985 the Appropriation sum of $2,500,000, which shall be deposited in the Fund. Not more authorization. than 5 per centum of any amount appropriated to the Fund under this section may be obligated or spent by the tribe under anv contract or agreement relating to the employment of legal counsel. (d) The transfer of the approximately four thousand seven hundred and seventy acres of land and the appropriation of the $2,500,000 authorized by this Act shall be in complete fulfillment of

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 98 STAT. 14

PUBLIC LAW 98-219—FEB. 17, 1984

25 USC 761 note, the provisions of Public Law 96-227 relating to the enlargement of the tribe's reservation. 25 USC 766 note. SEC. 5. For purposes of this Act— (1) the term "tribe" means the Cedar City, Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians of Utah; and (2) except where otherwise specified, the term "Secretary" means the Secretary of the Interior. SEC. 6. The plan for the use or distribution of funds awarded the Creek Nation in docket numbers 169 and 272 before the Indian Claims Commission and in docket numbers 277 and 309-74 before the United States Court of Claims, and the plan for the use and distribution of funds awarded the Sisseston-Wahpeton Sioux in ,^_^^ docket numbered 363 before the United States Court of Claims, ai n • -c which were submitted to the Congress by the Department of the Interior for consideration under the provisions of the Judgment Fund Distribution Act of 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) are hereby declared to be valid and effective as of the date of enactment of this Act and such plans are declared to have been validly submitted and are exempted from any further review. Approved February 17, 1984.

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LEGISLATIVE HISTORY—H.R. 2898: HOUSE REPORT No. 98-414 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 24, considered and passed House. Nov. 18, considered and passed Senate, amended. ^ Vol. 130 (1984): Feb. 7, House concurred in Senate amendment.

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 PUBLIC LAW 98-220—FEB. 21, 1984

98 STAT. 15

Public Law 98-220 98th Congress Joint Resolution To designate March 23, 1984, as "National Energy Education Day". .., .,

,

.

Whereas an adequate and competitively priced energy supply is essential for a strong economy in the United States; Whereas affordable energy resources are required to fuel the economic growth which will provide new jobs and employment opportunities so that all people of our society may enjoy a higher standard of living and greater prosperity; Whereas the developments needed for the future will require greater attention to the scientific laws in the areas of physics and chemistry as they relate to the development, distribution, and efficient use of our energy for transportation, communication, manufacturing, and personal use; Whereas people are striving to make energy work more efficiently in their homes, transportation systems, and workplaces; Whereas fundamental changes in the United States energy future requires the United States educational system at all grade levels to prepare our youth for the new demands and challenges which lie ahead; Whereas the celebration of a National Energy Education Day (NEED) will bring together students, teachers, school officials, and community members to focus attention on the need for a greater understanding of energy issues; and Whereas such celebration should be conducted in a manner which encourages a deeper understanding of the efficient ways energy works for the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to promote and enhance energy education programs at all grade levels of public and private schools throughout the United States, March 23, 1984, is designated "National Energy Education Day". The President is requested to issue a proclamation calling upon the people and

Feb. 21, 1984 [S.J. Res. 146]

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 PUBLIC LAW 98-220—FEB. 21, 1984

98 STAT. 16

educational institutions of the United States to observe such day with appropriate ceremonies and activities, and directing all Federal agencies to participate in the observance of such day and to cooperate with persons and institutions conducting such ceremonies and activities. Approved February 21, 1984.

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LEGISLATIVE HISTORY—S.J. Res. 146: CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 20, considered and passed Senate. Vol. 130 (1984): Feb. 8, considered and passed House.

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 17

Public Law 98-221 98th Congress An Act To revise and extend the Rehabilitation Act of 1973, to provide for the operation of the Helen Keller National Center for Deaf-Blind Youths and Adults, to extend the Developmental Disabilities Assistance and Bill of Rights Act, and for other purposes.

Feb. 22, 1984 [S. 1340]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Rehabilitation Amendments of be cited as the "Rehabilitation Amendments of 1984". TITLE I—REHABILITATION PROGRAM

1984. Handicapped persons. 29 USC 701 note.

DEFINITIONS

SEC. 101. Section 7(12) of the RehabiHtation Act of 1973 (hereafter in this title referred to as "the Act") is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Education".

29 USC 706.

REPORTS

SEC. 102. (a) Section 13 of the Act is amended by adding after the 29 USC 712. first sentence the following: "The Commissioner shall annually collect information on each client whose case is closed out in the preceding fiscal year and include the information in the report required by this section. The information shall set forth a complete count of such cases in a manner permitting the greatest possible cross-classification of data. The data elements shall include, but not be limited to, age, sex, race, ethnicity, education, type of disability, severity of disability, key rehabilitation process dates, earnings at time of entry into program and at closure, work status, occupation, cost of case services, types of services provided, types of facilities or agencies which furnished services and whether each such facility or agency is public or private, and reasons for closure. The Commis- Confidentiality. sioner shall take whatever action is necessary to assure that the identity of each client for which information is supplied under this subsection is confidential.". (b) The last sentence of section 13 is amended by inserting "also" after "shall". EVALUATION

SEC. 103. Section 14(a) of the Act is amended by adding after the first sentence the following new sentence: "The Secretary shall establish and use standards for the evaluations required by this subsection. The standards shall, to the extent feasible, for all appropriate programs include standards relating to the increases in employment and earnings taking into account economic factors in the area to be served by the program and the characteristics of the handicapped individuals to be served.".

31 194 0 - 86 - 3: QL. 3 Part 1

29 USC 713.

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 98 STAT. 18

PUBLIC LAW 98-221—FEB. 22, 1984 ADMINISTRATIVE AMENDMENTS

29 USC 714. 29 USC 721. 29 USC 722. 29 USC 761a. 29 USC 762. 29 USC 761a. 29 USC 761b. 29 USC 791.

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., 29 USC 794c.

29 USC 795c.

29 USC 762a.

SEC. 104. (a)(1) Section 15(b) of the Act is amended by striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Education". (2) Section 101(a)(ll) of the Act is amended by striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Health and Human Services". (3) Section 102(d)(2) of the Act is amended by striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Education". (4) Section 202(i)(2) of the Act is amended by striking out "Bureau of Education for the Handicapped" and inserting in lieu thereof "Office of Special Education and Rehabilitative Services". (5) Section 204(b)(7) of the Act is amended by striking out "Office of Education" and inserting in lieu thereof "Department of Health and Human Services". (b)(1) Section 202(g) of the Act is amended by striking out "Commissioner of Education" and inserting in lieu thereof "Secretary of Education". (2) Section 203(a)(1) of the Act is amended by striking out "Commissioner of Education" and inserting in lieu thereof "Secretary of Education". (3)(A) The first sentence of section 501(a) of the Act is amended by striking out "the Chairman of the Civil Service Commission" and inserting in lieu thereof "the Chairman of the Office of Personnel Management" and by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Education and Health and Human Services". (B) The second sentence of such section is amended by striking out "Secretary of Health, Education, and Welfare and the Chairman of the Civil Service Commission" and inserting in lieu thereof "Secretary of Education and the Chairman of the Office of Personnel Management". (C) Section 501 of the Act is amended by striking out "Civil Service Commission" each place it appears and inserting in lieu thereof "Office of Personnel Management". (D) Section 501 of the Act is further amended by striking out "Commission" each place it appears and inserting in lieu thereof "Office". (E) Section 501(d) of the Act is amended by striking out "Civil Service Commission's activities" and inserting in lieu thereof "the activities of the Office of Personnel Management". (F) Section 501(f)(1) of the Act is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Education". (4) Section 507 of the Act is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Education, the Secretary of Health and Human Services," and by striking out "Chairman of the United States Civil Service Commission" and inserting in lieu thereof "Chairman of the Office of Personnel Management'. (5) Section 614 of the Act is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Health and Human Services". (c)(1) Section 401(a) of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 is amended by

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 19

striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Education". (2) Section 402 of such Act is amended by striking out "Com- 29 USC 713 note. missioner of Education" and inserting in lieu thereof "Assistant Secretary of Education for the Office of Special Education and Rehabilitation Services". PART A—VOCATIONAL REHABILITATION SERVICES AUTHORIZATION OF APPROPRIATIONS

SEC. 111. (a) Section 100(b)(1) of the Act is amended to read as follows: "(b)(1)(A) For the purpose of making grants to States under part B of this title (other than grants under section 112) to assist them in meeting the costs of vocational rehabilitation services provided in accordance with State plans under section 101, there is authorized to be appropriated $1,037,800,000 for the fiscal year 1984, and the amount determined under subsection (c) for each of the fiscal years 1985, 1986, and 1987. "(B) In addition, there are authorized to be appropriated for such purpose such additional sums as may be necessary for each of the fiscal years 1985 and 1986. Any amount appropriated pursuant to this subparagraph shall be allocated in accordance with section 110(a)(4). "(C) In no event may the amount appropriated for the purpose of making grants to States under part B of this title (other than section 112) be more than $1,117,500,000 for the fiscal year 1985 and $1,203,200,000 for the fiscal year 1986.". (b) The first sentence of section 100(b)(2) of the Act is amended to read as follows: "(2) For the purpose of allotments under section 120(a)(1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.". (c) Section 100(b)(3) of the Act is amended by striking out "the fiscal year ending September 30, 1979, and for each of the three fiscal years thereafter" and inserting in lieu thereof "each of the fiscal years 1984, 1985, and 1986". (d) Section 100 of the Act is further amended by inserting at the end thereof the following new subsection: "(d)(1) Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year— "(A) of the authorization of appropriations for the program authorized by the State grant program under part B of this title; or "(B) of the duration of the program authorized by the State grant program under part B of this title; either— "(i) has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or "(ii) by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program; such authorization or duration is automatically extended for one additional fiscal year for the program authorized by this title. The amount appropriated for the additional year shall be the amount

29 USC 720. 29 USC 730; post, P ^^ 29 USC 721.

Post, p. 20. 29use730;pos^, P ^O29 USC 720. 29 USC 740.

29 USC 730.

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 98 STAT. 20

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29 USC 730.

Ante, p. 19.

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PUBLIC LAW 98-221—FEB. 22, 1984 which the Congress could, under the terms of the law for which the appropriation is made, have appropriated based upon the amount authorized for fiscal year 1986 and the amount authorized under subsection (c). "(2)(A) For the purposes of subdivision (i) of paragraph (1), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. "(B) In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of the program authorized by this title, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of paragraph (1) of this subsection which follows subdivision (ii) of paragraph (1) is in operation.". (e) Section 110(a) of the Act is amended— (1) by striking out "section 100(b)(1)" each place it appears in paragraphs (2) and (3) and inserting in lieu thereof "section 100(b)(1)(A)"; and (2) by inserting after paragraph (3) the following new paragraph: "(4) For each fiscal year beginning on or after October 1, 1984, for which any amount is appropriated pursuant to section 100(b)(1)(B), each State shall receive an allocation (from such appropriated amount) in addition to the allotment to which such State is entitled under paragraphs (2) and (3) of this subsection. Such additional allocation shall be an amount which bears the same ratio to the amount so appropriated as that State's allotment under paragraphs (2) and (3) of this subsection bears to the sum of such allotments of all the States.". ELIGIBILITY FOR SERVICES

29 USC 722.

SEC. 112. Section 102(c)(2) of the Act is amended by striking out "beyond any reasonable doubt". CLIENT ASSISTANCE

29 USC 732.

SEC. 113. (a) Section 112 of the Act is amended to read as follows: CLIENT ASSISTANCE PROGRAM

State and local governments. Grants.

Prohibition.

"SEC. 112. (a) From funds appropriated under subsection (i), the Secretary shall, in accordance with this section, make grants to States to establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all available benefits under this Act, and, upon request of such clients or client applicants, to assist such clients or applicants in their relationships with projects, programs, and facilities providing services to them under this Act, including assistance in pursuing legal, administrative, or other appropriate remedies to ensure the protection of the rights of such individuals under this Act. "(b) No State may receive payments from its allotment under this Act in any fiscal year unless the State has in effect not later than October 1, 1984, a client assistance program, which— "(1) has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of rights of

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 21

handicapped individuals who are receiving treatments, services, or rehabilitation under this Act within the State; and "(2) meets the requirements of designation under subsection (c). "(c)(1) The Governor shall designate a public or private agency to conduct the client assistance program under this section. Except as provided in the last sentence of this paragraph, the Governor shall designate an agency which is independent of any agency which provides treatment, services, or rehabilitation to individuals under this Act. If there is an agency in the State which has, or had, prior to the date of enactment of the Rehabilitation Amendments of 1984, ^"^«' P- i'^served as a client assistance agency under this section and which received Federal financial assistance under this Act, the Governor may designate an agency which provides treatment, services, or rehabilitation to handicapped individuals under this Act. "(2) In carrying out the provisions of this section, the Governor shall consult with the director of the State vocational rehabilitation agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving handicapped individuals in the State. "(3) The agency designated under this subsection shall be accountable for the proper use of funds made available to the agency. "(d) The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section. "(e)(1)(A) The Secretary shall allot the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no State shall receive less than $50,000. "(B) The Secretary shall allot $30,000 each to American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(C) For the purpose of this paragraph, the term 'State' does not include American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(2) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary from time to time on such dates he may fix to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any such amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment for such fiscal year. "(3)(A) The Secretary shall pay to the Governor from the allotment of the State the amount specified in the application approved under subsection (f). "(B) For the purpose of this paragraph and subsection (c), the term 'Governor' means the chief executive of the State. "(f) No grant may be made under this section unless the State submits an application to the Secretary at such time, in such

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Page:United States Statutes at Large Volume 98 Part 1.djvu/70

 STAT. 22

Regulations.

Prohibition.

Report.

Report. Study.

Study.

PUBLIC LAW 98-221—FEB. 22, 1984 manner, and containing or accompanied by such information as the Secretary deems necessary to meet the requirements of this section. "(g) The Secretary shall prescribe regulations applicable to the client assistance program which shall include the following requirements: "(1) No employees of such programs shall, while so employed, serve as staff or consultants of, or receive benefits of any kind directly or indirectly from, any rehabilitation project, program, or facility receiving assistance under this Act in the State. "(2) Each program shall be afforded reasonable access to policymaking and administrative personnel in the State and local rehabilitation programs, projects, or facilities. "(3) Each program shall contain provisions designed to assure that to the maximum extent possible mediation procedures are used prior to resorting to administrative or legal remedies. "(4) The agency designated under subsection (c) shall submit an annual report to the Secretary on the operation of the program during the previous year, including a summary of the work done and the uniform statistical tabulation of all cases handled by such program. A copy of each such report shall be submitted to the appropriate committees of the Congress by the Secretary, together with a summary of such reports and his evaluation of the program, including appropriate recommendations. "(h)(1) The Commissioner shall conduct a comprehensive evaluation of the client assistance program authorized by this section, and submit a report to Congress, not later than February 1, 1986. "(2) In conducting the study required by this subsection, the Commissioner shall address and report the following information for each State that received a client assistance program grant. The study shall include— "(A) the numbers of handicapped individuals assisted through the client assistance program; "(B) the handicapping conditions of the individuals assisted, and the proportion each type of individuals represents of the total population assisted; "(C) the types of services provided, cross-referenced to types of handicapped individuals assisted through each service; "(D) the type of organization or agency which administers the client assistance program; "(E) the physical proximity of the client assistance program to the State vocational rehabilitation agency; and "(F) the type of organizational structure used by the client assistance program to deliver services. "(3) In conducting the study the Commissioner shall make the following comparisons: "(A) differences in service delivery patterns in client assistance programs in urban and rural areas; "(B) differences in service delivery patterns among client assistance programs administered in various organizational set-i tings; and fy "(C) differences in service delivery patterns among client assistance programs established after this reauthorization and .! those that were established prior to this reauthorization. "(4) The report shall include such recommendations, including recommendations for legislative proposals, as the Commissioner deems necessary.

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 23

"(i) There are authorized to be appropriated $6,000,000 for the Appropriation fiscal year 1984, $6,300,000 for the fiscal year 1985, and $6,700,000 authorization. for the fiscal year 1986.". (b) The table of contents of the Act is amended by striking out the item relating to "Sec. 112" and inserting in lieu thereof the following: "Sec. 112. Client assistance program.". INNOVATION AND EXPANSION

SEC. 114. (a) The first sentence of section 121(a) of the Act is 29 USC 741. amended by striking out all that follows "rehabilitation services," and inserting in lieu thereof the following: "including— "(1) programs to initiate or expand such services to individuals with the most severe handicaps; "(2) special programs under such State plan to initiate or expand services to classes of handicapped individuals who have unusual or difficult problems in connection with their rehabilitation; and "(3) programs to maximize the use of technological innovations in meeting the employment training needs of handicapped youth and adults.", (b) Section 121(b) of the Act is amended by striking out "1982" and inserting in lieu thereof "1986". PART B—RESEARCH AND TRAINING AUTHORIZATION OF APPROPRIATIONS

SEC. 121. (a) Section 201(a)(1) of the Act is amended by striking out 29 USC 761. "the fiscal year ending September 30, 1979, and for each of the three succeeding fiscal years" and inserting in lieu thereof "fiscal year 1984, and for each of the two succeeding fiscal years", (b) Section 201(a)(2) of the Act is amended to read as follows: "(2) for the purpose of carrying out section 204, $36,000,000 for the fiscal year 1984, $40,000,000 for the fiscal year 1985, and $44,000,000 for the fiscal year 1986.". NATIONAL INSTITUTE OF HANDICAPPED RESEARCH

SEC. 122. (a) Section 202(a) of the Act is amended by striking out 29 USC 76ia. "Health, Education, and Welfare" both times it appears and inserting in lieu thereof "Education" each such time. (b) Section 202(c) of the Act is amended by adding after the first sentence the following new sentence: "The Director shall be an individual with substantial experience in rehabilitation and in research administration.". (c) Section 202 of the Act is amended by adding at the end thereof the following new subsection: "(j)(l) The Director shall make a grant to an institution of higher Grants. education for the establishment of a program of pediatric rehabilita- Schools and colleges. tion research at an institution of higher education. "(2) The Director shall establish, either directly or by way of grant or contract, a Research and Training Center in the Pacific Basin.".

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 98 STAT. 24

PUBLIC LAW 98-221—FEB. 22, 1984 RESEARCH

29 USC 762.

Grants.

Prohibition.

SEC. 123. (a) Section 204(b)(1) of the Act is amended by adding at the end thereof the following: "Rehabilitation Research and Training Centers shall include both comprehensive centers dealing with multiple disabilities and centers focused on particular disabilities. Grants to Centers need not be automatically terminated at the end of a project period and may be renewed on the basis of a thorough evaluation and peer review including site visits. Training of students preparing to be rehabilitation personnel through centers shall be an important priority. Grants may include faculty support for teaching of rehabilitation related courses of study for credit and other courses offered by the institutions of higher education affiliated with the Center.". (b) Section 204(b)(3) of the Act is amended by striking out "pursuant to section 33(b)" and inserting in lieu thereof "pursuant to sections 310 and 311". (c) Section 204(b) of the Act is amended by inserting after paragraph (12) the following new paragraph: "(13) Conduct of a rehabilitation research program under which financial assistance is provided in order to (A) test new concepts and innovative ideas, (B) demonstrate research results of high potential benefits, (C) purchase prototype aids and devices for evaluation, (D) develop unique rehabilitation training curricula, and (E) be responsive to special initiatives of the Director. No single grant under this paragraph may exceed $50,000 in any fiscal year and all payments made under this paragraph in any fiscal year may not exceed 5 per centum of the amount available under section 204 to the National Institute of Handicapped Research in any fiscal year. Regulations and administrative procedures with respect to financial assistance under this paragraph shall, to the maximum extent possible, be expedited.". PART C—SUPPLEMENTARY SERVICES AND FACILITIES GRANTS FOR CONSTRUCTION

29 USC 771.

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29 USC 772.

SEC. 131. Section 301(a) of the Act is amended by striking out "October 1, 1982" in the first sentence and inserting in lieu thereof the following: "October 1, 1986"; and by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1987". VOCATIONAL TRAINING

SEC. 132. Section 302 of the Act is amended by striking out "October 1, 1982" and inserting iii lieu thereof "October 1, 1986". TRAINING

29 USC 774. h

.bj#.,.

'

SEC. 133. (a)(1) Section 304(a) of the Act is amended— (A) by inserting "(1)" after "including" the second time it appears; (B) by inserting after "placement services" a comma and the following: "(2) personnel specifically trained to deliver services to individuals who may benefit from receiving comprehensive services for independent living, personnel specifically trained to deliver services in client assistance program,"; and

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 25

(C) by inserting "(3)" after "and" the last time it appears in such section. (2) Section 304(a) of the Act is further amended by adding at the 29 USC 774 end thereof the following new sentence: "In carrying out the provisions of this subsection, the Commissioner shall, in addition to furnishing training in the services provided under this Act to rehabilitation counselors, furnish training to such counselors in the 29 USC 794. applicability of the provisions of section 504.". (b)(1) Section 304(a) of the Act is further amended by inserting "qualified" before "personnel" the first time it appears in such section. (2) Section 304(c) of the Act is amended by inserting "qualified" before "personnel" the first time it appears in such section. (c) Section 304(b) of the Act is amended by striking out "will be utilized to provide a balanced program of assistance to meet the medical, vocational, and other personnel training needs of both public and private rehabilitation programs and institutions, to" and inserting in lieu thereof "shall be targeted to areas of personnel shortage which may". (d) Section 304(c) of the Act is amended by adding at the end Report. thereof the following new sentences: "The Commissioner shall prepare and submit to the Congress, simultaneously with the budget submission for the succeeding fiscal year for the Rehabilitation Services Administration, a report setting forth and justifying in detail how the training funds for the fiscal year prior to such submission are allocated by professional discipline and other program areas. The report shall also contain findings on personnel shortages, how funds proposed for the succeeding fiscal year will be allocated under the President's budget proposal, and how the findings of personnel shortages justify the allocations.". (e)(1) Section 304 is amended by striking out "(d)" the second time it appears and inserting in lieu thereof "(e)". (2) The first sentence of section 304(e) of the Act (as redesignated Appropriation by paragraph (1)) is amended to read as follows: "There are author- authorization. ized to be appropriated to carry out this section, $22,000,000 for the fiscal year 1984, $27,000,000 for the fiscal year 1985, and $31,000,000 for the fiscal year 1986.". AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE REHABILITATION CENTERS

SEC. 134. Section 305(g) of the Act is amended by striking out "the 29 USC 775. fiscal year ending September 30, 1979, and for the three succeeding fiscal years", and inserting in lieu thereof "for each of the fiscal years 1984, 1985, and 1986". AUTHORIZATION OF APPROPRIATIONS FOR SPECIAL PROJECTS

SEC. 135. Section 310(a) of the Act is amended— (1) by striking out "313" and inserting in lieu thereof "316"; and (2) by striking out "such sums as may be necessary for each fiscal year ending prior to October 1, 1982" and inserting in lieu thereof "$12,900,000 for fiscal year 1984, $13,600,000 for fiscal year 1985, and $14,300,000 for fiscal year 1986.".

29 USC 777.

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 98 STAT. 26 29 USC 777a. Grants.

Grants.

20 USC 1425.

PUBLIC LAW 98-221—FEB. 22, 1984 SPECIAL DEMONSTRATION PROGRAMS ni mtimun SEC. 136. (a)(1) Section 311(a)(1) of the Act is amended by striking out "individuals with spinal cord injuries and". (2) Section 311(a) of the Act is amended by adding at the end thereof the following new flush sentence: "The Director of the National Institute of Handicapped Research may make grants to States and to public or nonprofit agencies and organizations to pay part or all of the costs of special projects and demonstrations for spinal cord injuries.". (b) Section 311(b) of the Act is amended by adding at the end thereof the following new sentence: "The Director of the National Institute of Handicapped Research shall coordinate each grant made under this subsection with the Commissioner.". (c) Section 311 of the Act is amended by adding at the end thereof the following new subsection: "(c)(1) The Commissioner may make grants to public and nonprofit agencies and organizations to pay part or all of the costs of special projects and demonstrations including research and evaluation for handicapped youths to provide job training and prepare them for entry into the labor force. Such projects shall be designed to demonstrate cooperative efforts between local educational agencies, business and industry, vocational rehabilitation programs, and organizations representing labor and organizations responsible for promoting or assisting in local economic development. "(2) Services under this subsection may include— "(A) jobs search assistance; "(B) on-the-job training; "(C) job development including worksite modification and use of advanced learning technology for skills training; "(D) dissemination of information on program activities to business and industry; and "(E) followup services for individuals placed in employment. "(3) The Commissioner shall assure that projects shall be coordinated with other projects assisted under section 626 of the Education of the Handicapped Act.". SPECIAL RECREATIONAL PROGRAMS AUTHORIZATION OF APPROPRIATIONS

29 USC 777f. .,. „, ^'

SEC. 137. Section 316 of the Act is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsection: "(b) There are authorized to be appropriated to carry out this section $2,000,000 for the fiscal year 1984, $2,100,000 for the fiscal year 1985, and $2,200,000 for the fiscal year 1986.". PART D—NATIONAL COUNCIL

'i-smQ'tnuA ADMINISTRATIVE AMENDMENT National eouncil on the Handicapped. 29 USC 780. 29 USC 780a. Ante, p. 17.

SEC. 141. (a) Section 400(a) of the Act is amended by striking out "with the Department of Health, Education, and Welfare" and inserting in lieu thereof "within the Federal Government". OoXD Effective on the date of enactment of the Rehabilitation Amendments of 1984, the National Council on the Handicapped shall be an independent agency within the Federal Government and

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 27

shall not be an agency within the Department of Education or any other department or agency of the United States. (2) There are transferred to the Chairman of the National Council on the Handicapped all functions relating to the Council which were vested in the Secretary of Education on the day before the date of enactment of the Rehabilitation Amendments of 1984. The Chair- ^"^e, p. 17. man of the National Council on the Handicapped shall continue to exercise all the functions under the Rehabilitation Act of 1973 or 29 USC 701 note. any other law or authority which the Chairman was performing before the date of the enactment of the Rehabilitation Amendments of 1984. (3) References in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding to the Department of Education or the Secretary of Education with respect to functions or activities relating to the National Council on the Handicapped shall be deemed to refer to the National Council on the Handicapped or the Chairman of the National Council on the Handicapped, respectively. DUTIES

SEC. 142. (a) Section 401 of the Act is amended— 29 USC 781. (1) by striking out clause (3) and inserting in lieu thereof the following: "(3) advise the President, the Congress, the Commissioner, the appropriate Assistant Secretary of the Department of Education, and the Director of the National Institute of Handicapped Research on the development of the programs to be carried out under this Act;"; (2) in clause (5)— (A) by inserting "the President, the Congress," immediately before "the Secretary"; and (B) by striking out "the Commissioner,"; (3) by striking out "and" at the end of clause (5); (4) by striking out "the Secretary," in clause (6); (5) by striking out the period at the end of clause (6) and inserting in lieu thereof a semicolon and the word "and"; and (6) by adding at the end thereof the following: "(7) provide to the Congress on a continuing basis advice, recommendations, and any additional information which the Council or the Congress deems appropriate.". (b) Section 401 of the Act is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsection: "(b) The National Council shall— "(1) review all statutes pertaining to Federal programs which assist handicapped individuals; "(2) make a priority listing of such programs based on the number of handicapped individuals such programs assist and the Federal costs of such programs; "(3) assess the extent to which such programs provide incentives or disincentives to the establishment of community-based services for handicapped individuals, promote the full integration of such individuals in the community, in schools, and in the workplace, and contribute to the independence and dignity of such individuals; "(4) recommend to the President and the Congress legislative proposals for increasing incentives and eliminating disincen-

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 98 STAT. 28

Report. .Ti.«,::-:..;^^

PUBLIC LAW 98-221—FEB. 22, 1984 tives in Federal programs based on the assessment made pursuant to clause (3); and "(5) prepare and submit a final report to the President and to the Congress not later than February 1, 1986, on the review, assessment, and recommendations required by this subsection.". STAFF

29 USC 783.

.18"

96 Stat. 923.

Contracts.

SEC. 143. (a) Section 403(a) of the Act is amended by striking out "up to seven technical and professional employees" and inserting in lieu thereof "an Executive Director". (b) Section 403(a) of the Act is further amended by adding at the end thereof the following new sentence: "The Executive Director shall be appointed from among individuals who are experienced in the planning or operation of programs for handicapped individuals.". (c) Section 403(a) of the Act is further amended by inserting "(1)" after the section designation and by adding at the end thereof the following new subsection: "(2) The Executive Director is authorized to hire not to exceed seven technical and professional employees to assist the National Council to carry out its duties.". (d) Section 403(b) of the Act is amended by inserting "(1)" after the subsection designation and by adding at the end thereof the following new paragraphs: "(2) The National Council may— "(A) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code; "(B) accept, in the name of the Council, employ and dispose of in furtherance of this Act, any money, or property, real or personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise; and "(C) enter into contracts and cooperative agreements with Federal and State agencies, private firms, institutions, and individuals for the conduct of research and surveys, preparation of reports and other activities necessary to the discharge of the Council's duties and responsibilities. "(3) Not more than 10 per centum of the total amounts available to the National Council in each fiscal year may be used for official representation and reception. "(4) From the amount available to the Office of Special Education and Rehabilitative Services, Department of Education, $500,000 in fiscal year 1984 shall be transferred and made available to the National Council.". PART E—ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD AUTHORIZATION OF APPROPRIATIONS

29 USC 792.

SEC. 151. Section 502(i) of the Act is amended by striking out "October 1, 1982" and inserting in lieu thereof "October 1, 1986.".

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 29

PART F—EMPLOYMENT OPPORTUNITIES AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY SERVICE EMPLOYMENT PILOT PROGRAMS

SEC. 161. Section 617 of the Act is amended to read as follows:

29 USC 795f.

"AUTHORIZATION O F APPROPRIATIONS

"SEC. 617. There are authorized to be appropriated to carry out the provisions of this part such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.". PROJECTS WITH INDUSTRY

SEC. 162. (a) The matter preceding clause (A) of section 621(a)(1) of the Act is amended by inserting after "employers" a comma and the 29 USC 795g. following: "designated State units". (b) Section 621(a) of the Act is amended by adding at the end thereof the following new paragraphs: "(3) Any agreement developed under this subsection shall include a description of an evaluation plan which at the end of each year of a funding cycle reflects at a minimum the following— "(A) the numbers and types of handicapped individuals assisted; "(B) the types of assistance provided; "(C) the sources of funding; "(D) the percentage of resources committed to each type of assistance provided; "(E) the extent to which the employment status and earning power of handicapped individuals changed following assistance; "(F) the extent of capacity building activities, including collaboration with other organizations, agencies, and institutions; and "(G) a comparison, when appropriate, of activities in prior years with activities in the most recent year.". (c) Section 621 of the Act is amended by adding after subsection (c) the following new subsections: "(d)(1) The Commissioner shall, not later than February 1, 1985, develop and publish standards for evaluation consistent with the provisions in section (a)(3) to assist each recipient under the Projects With Industry Program receiving assistance under this title to review and evaluate the operatidh of its project. "(2) The Commissioner shall, pursuant to section 14 of this Act, Report, conduct a comprehensive evaluation of the Projects With Industry Program and submit a report on February 1, 1986, to Congress on the evaluation, including recommendations for the improvement and continuation of each recipient and for the support of new Projects With Industry recipients. In conducting the comprehensive evaluation, the Commissioner shall apply standards for evaluation criteria which are consistent with those required in section (a)(3). "(3) In developing standards for evaluation to be used by the Projects With Industry recipients, and in developing the standards for evaluation to be used in the comprehensive evaluation, the Commissioner shall obtain and consider recommendations for such standards from State Vocational Rehabilitation Agencies, current Projects With Industry recipients, professional organizations repre-

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Page:United States Statutes at Large Volume 98 Part 1.djvu/78

 98 STAT. 30

Prohibition.

Ante, p. 17.

PUBLIC LAW 98-221—FEB. 22, 1984 senting industry, organizations representing handicapped individuals, individuals assisted by Projects With Industry recipients, and labor organizations. "(4) No standards may be established under this subsection unless the standards are approved by the National Council on the Handicapped. The Council shall approve the standards within ninety days after receiving the standards. If the Secretary of Education has not received notification of approval or disapproval from the Council within ninety days, the standards shall be deemed approved. A Council decision on such standards shall occur at a regularly scheduled meeting of the Council, and shall be the result of a simple majority of those present at the meeting. "(e) The parties to each agreement receiving assistance under this section in the fiscal year in which the Rehabilitation Amendments of 1984 is enacted shall continue to receive assistance through September 30, 1986, unless the Commissioner determines that there is a substantial failure to comply with the agreement.". EQUITABLE DISTRIBUTION

29 USC 795g.

SEC. 163. Section 621 of the Act (as amended by section 162) is amended by adding at the end thereof the following new subsection: "(f) The Commissioner shall to the extent practicable assure an equitable distribution of payments made under this section among the States.". AUTHORIZATION OF APPROPRIATIONS

29 USC 795i.

SEC. 164. Section 623 of the Act is amended by striking out "of this part for each fiscal year beginning before October 1, 1982" and inserting in lieu thereof "for section 621, $13,000,000 for fiscal year 1984, $14,400,000 for fiscal year 1985, and $15,200,000 for fiscal year 1986; and for section 622, such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986". hnrTECHNICAL AMENDMENT

29 USC 795a.

SEC. 165. Section 612(b) of the Act is amended by striking out "Comprehensive Employment and Training Act of 1973" and inserting in lieu thereof "Job Training Partnership Act". PART G—SERVICES FOR INDEPENDENT LIVING EVALUATION

29 USC 796e.

SEC. 171. (A) Section 711(c) is amended— (1) by striking out "and" at the end of clause (2); (2) by redesignating clause (3) as clause (4); and (3) by inserting after clause (2) the following new clause: "(3) contain a description of an evaluation plan which at the end of each year of a funding cycle shall reflect at a minimum the following— "(A) the numbers and types of handicapped individuals assisted; "(B) the extent to which individuals with varying handicapping conditions were served;

"(C) the types of services provided; "(D) the sources of funding; i

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 PUBLIC LAW 98-221—FEB. 22, 1984 "(E) the percentage of resources committed to each type of service provided; "(F) how services provided contributed to the maintenance of or the increased independence of handicapped individuals assisted; "(G) the extent to which handicapped individuals participate in management and decisionmaking in the center; "(H) the extent of capacity building activities including collaboration with other agencies and organizations; "(I) the extent of catalytic activities to promote community awareness, involvement, and assistance; "(J) the extent of outreach efforts and the impact of such efforts; and "(K) a comparison, when appropriate, of prior year(s) activities with most recent year activities.", (b) Section 711 of the Act is amended by inserting at the end thereof the following new subsection: "(e)(1) The Commissioner shall, not later than February 1, 1985, develop and publish standards for evaluation consistent with the provisions in subparagraph (c)(3) to assist each independent living center receiving funding under this title to review and evaluate the operation of its center. "(2) The Commissioner shall, under the authority specified in section 14 of this Act, conduct a comprehensive evaluation of the Centers for Independent Living Grant Program, and submit a report no later than February 1, 1986, to Congress on the evaluation, including recommendations for the improvement and continuation of each grantee and for the support of new independent living centers. In conducting the comprehensive evaluation, the Commissioner shall apply standards for evaluation which are consistent with the standards required in paragraph (1). "(3) In developing standards for evaluation to be used by the grantees, and in developing the standards for evaluation to be used in the comprehensive evaluation, the Commissioner shall obtain and consider recommendations for such standards from national organizations representing handicapped individuals and independent living programs; and from independent living centers, professionals serving handicapped individuals, and individuals, associations, and organizations engaged in research in independent living. "(4) No standards may be established under this subsection unless the standards are approved by the National Council on the Handicapped. The Council shall approve the standards within ninety days after receiving the standards. If the Secretary of Education has not received notification of approval or disapproval from the Council within the ninety days, the standards shall be deemed approved. A Council decision on such standards shall occur at a regularly scheduled meeting of the Council, and shall be the result of a simple majority of those present at the meeting. "(f) Grantees receiving assistance under this section in the fiscal year in which the Rehabilitation Amendments of 1984 are enacted shall continue to receive assistance through September 30, 1986, unless the Commissioner determines that there is a substantial failure to comply with the provisions of the approved application.".

98 STAT. 31

29 USC 796e.

Report.

29 USC 713.

Prohibition,

Ante, p. 17.

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 98 STAT. 32

PUBLIC LAW 98-221—FEB. 22, 1984 AUTHORIZATION OF APPROPRIATIONS

29 USC 796i. Supra. 29 USC 796.

29 USC 796e.

29 USC 796f.

29 USC 796g.

SEC. 172. (a)(1) Section 731 of the Act the second time it appears is redesignated as section 741. (2) The table of contents of the Act is amended by striking out "Sec. 731" after part E and inserting in lieu thereof "Sec. 741". (b)(1) Section 741(a) of the Act (as so redesignated) is amended to read as follows: "(a) There are authorized to be appropriated to carry out part A of this title such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.". (2) Section 741(b) of the Act (as so redesignated) is amended to read as follows: "(b) There are authorized to be appropriated to carry out part B of this title $21,000,000 for the fiscal year 1984, $22,000,000 for the fiscal year 1985, and $23,000,000 for the fiscal year 1986.". (3) Section 741(c)(1) of the Act (as so redesignated) is amended to read as follows: "(c) There are authorized to be appropriated to carry out part C of this title such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.". (4) Section 741 of the Act (as so redesignated) is amended by inserting after subsection (c)(1) (as amended by paragraph (3) of this subsection) the following: "(d)(1) There are authorized to be appropriated to carry out part D of this title such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.".

Helen Keller National enter Act.

TITLE II—REAUTHORIZATION OF THE HELEN KELLER NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS

29 USC 1901 note.

SEC. 201. This title may be cited as the "Helen Keller National Center Act".

SHORT TITLE

CONGRESSIONAL FINDINGS 29 USC 1901.

SEC. 202. The Congress finds that— (1) deaf-blindness is among the most severe of all forms of disabilities, and there is a great and continuing need for services and training to help deaf-blind individuals attain the highest possible level of development; (2) due to the rubella epidemic of the 1960's and recent advances in medical technology that have sustained the lives of many severely disabled individuals, including deaf-blind individuals, who might not otherwise have survived, the need for services for deaf-blind individuals is even more pressing now than in the past; (3) helping deaf-blind individuals to become self-sufficient, independent, and employable by providing the services and training necessary to accomplish that end will benefit the Nation, both economically and socially; (4) the Helen Keller National Center for Deaf-Blind Youths and Adults is a vital national resource for meeting the needs of deaf-blind individuals and no State currently has the facilities or personnel to meet such needs;

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 33

(5) the Federal Government has invested approximately $10,000,000 in capital, equipment, and operating funds for such Center since it was established; and (6) it is in the national interest to continue to provide support for the Center, and it is a proper function of the Federal Government to be the primary source of such support. AUTHORIZATION FOR THE CONTINUED OPERATION OF THE HELEN KELLER NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS; REPEAL OF PRIOR AUTHORIZATION

SEC. 203. (a) Section 313 of the Rehabilitation Act of 1973 (29 U.S.C. 777c) is repealed. (b) The Secretary of Education shall continue to administer and support the Helen Keller National Center for Deaf-Blind Youths and Adults in the same manner as such Center was administered pursuant to section 313 of the Rehabilitation Act of 1973, to the extent such manner of administration is not inconsistent with any purpose described in subsection (c) or any other requirement of this title. (c) The purposes of the Center are to— (1) provide specialized intensive services, or any other services, at the Center or an3rwhere else in the United States, which are necessary to encourage the maximum personal development of any deaf-blind individual; (2) train professionals and allied personnel at the Center or anywhere else in the United States to provide services to deafblind individuals; and (3) conduct applied research, development programs, and demonstrations with respect to communication techniques, teaching methods, aids and devices, and delivery of services.

Repeal. 29 USC 1902.

Supra.

A U D I T; MONITORING AND EVALUATION

SEC. 204. (a) The books and accounts of the Center shall be audited 29 USC 1903. annually by an independent auditor in the manner prescribed by the Secretary and a report on each such audit shall be submitted by the auditor to the Secretary at such time as the Secretary shall prescribe. (b)(1) The Secretary shall establish procedures for monitoring, on a regular basis, the services performed and the training conducted by the Center. (2) The Secretary shall, in addition to the regular monitoring required under paragraph (1), conduct an evaluation of the operation of the Center at the end of each fiscal year. A written report of Reports, such evaluation shall be submitted to the President, the Clerk of the House of Representatives, and the Secretary of the Senate within one hundred and eighty days after the end of the fiscal year for which such evaluation was conducted. The first such report shall be submitted for fiscal year 1983. AUTHORIZATION OF APPROPRIATIONS

^ ^

SEC. 205. (a) There are authorized to be appropriated $4,000,000 for the fiscal year 1984, $4,200,000 for the fiscal year 1985, and $4,300,000 for the fiscal year 1986 to carry out the provisions of this title. Such sums shall remain available until expended.

29 USC 1904.

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 98 STAT. 34

PUBLIC LAW 98-221—FEB. 22, 1984 (b) Any appropriation Act containing any appropriation authorized by subsection (a) shall contain a statement of the specific amount being made available to the Center. DEFINITIONS

29 USC 1905.

SEC. 206. For purposes of this title ID the terms "Helen Keller National Center for Deaf-Blind Youths and Adults" and "Center" mean the Helen Keller National Center for Deaf-Blind Youths and Adults, and its affiliated network, operated pursuant to section 313 of the Rehabilitation Act of 1973 and continued under this title; (2) the term "deaf-blind individual" means any individual— (A) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or central acuity of 20/200 if there is a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, (B) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, and (C) for whom the combination of the impairments described in subparagraphs (A) and (B) causes extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation, and such term includes any other meaning the Secretary may prescribe by regulation; and (3) the term "Secretary" means the Secretary of Education. CONSTRUCTION OF ACT; EFFECT ON AGREEMENTS

29 USC 1906.

SEC. 207. This title shall not be construed as modifying or affecting any agreement between the Department of Education or any other department or agency of the United States and the Industrial Home for the Blind, Incorporated, or any successor to or assignee of such corporation, with respect to the Center. TECHNICAL AND CONFORMING AMENDMENTS

29 USC 777.

SEC. 208. (a) The table of contents of the Rehabilitation Act of 1973 is amended by striking out "Sec. 313. Helen Keller National Center.". (b) Section 310(a) of the Rehabilitation Act of 1973 is amended by striking out "(other than section 313),". TITLE III—DEVELOPMENTAL DISABILITIES ADMINISTRATIVE AMENDMENT

42 USC 6001.

S E C 301. Section 102(11) of the Developmental Disabilities Assistance and Bill of Rights Act (hereafter in this title referred to as "the Act") is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Health and Human Services".

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 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 35

PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

SEC. 302. The first sentence of section 113(b)(2) of the Act is 42 USC 6012. amended to read as follows: "There is authorized to be appropriated for allotments under paragraph (1) $8,400,000 for fiscal year 1984.". UNIVERSITY AFFILIATED FACILITIES

SEC. 303. Section 123 of the Act is amended to read as follows:

42 USC 6033.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 123. There is authorized to be appropriated to carry out this part $7,800,000 for fiscal year 1984.". GRANTS FOR PLANNING AND THE PROVISION OF SERVICES

SEC. 304. Section 131 of the Act is amended to read as follows: 42 USC 6O6I. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 131. There is authorized to be appropriated to carry out the provisions of this part $45,400,000 for fiscal year 1984.". SPECIAL PROJECTS

SEC. 305. Section 145(d) of the Act is amended to read as follows: 42 USC 6O8I. "(d) For the purpose of making grants under subsection (a), there Grants, is authorized to be appropriated $2,600,000 for fiscal year 1984.". Approved February 22, 1984.

LEGISLATIVE HISTORY—S. 1340 (H.R. 3520): HOUSE REPORTS: No. 98-298 accompanying H.R. 3520 (Comm. on Education and Labor) and No. 98-595 (Comm. of Conference). SENATE REPORT No. 98-168 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): July 26, considered and passed Senate. Sept. 12, 13, H.R. 3520 considered and passed House; S. 1340, amended, passed in lieu. Vol. 130 (1984): Feb. 9, Senate and House agreed to conference report.

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 The Dead Wall

By H. B. Marriott Watson

dawn stared raw and yellow out of the east at Rosewarne. Its bleak and ugly face smouldered through morose vapours. The wind blew sharp against the windows, shaking them in their casements. The prospect from that lonely chamber overawed him with menace; it glowered upon him. The houses in the square, wrapped in immitigable gloom, were to him ominous memorials of death. They frightened him into a formless panic. Anchored in that soundless sea, they terrified him with their very stillness. In dreary ranks they rose, a great high wall of doom, lifting their lank chimneys to the dreadful sky. They obsessed him with rore-bodings to which he could put no term, for which he could find no reason. Shrouded under its great terror, his poor mind fell into deeper depression under the influence of those malign and ugly signals. He strove to withdraw his thoughts and direct them upon some different subject. He wrenched them round to the contemplation of his room, his walls, his wife. A dull pain throbbed in the back of his head. He repeated aloud the topics upon which he would have his mind revolve, but the words rang in his ears without meaning. He touched the pictures on the wall, he spoke their names, he covered his face and strained hard to recapture coherent thought. The subjects mocked him: they were too nimble

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Page:United States Statutes at Large Volume 98 Part 1.djvu/84

 98 STAT. 36

PUBLIC LAW 98-222—FEB. 29, 1984 Public Law 98-222 98th Congress An Act

Feb. 29, 1984 [H.R. 4956]

97 Stat. 1391.

To extend the authorities under the Export Administration Act of 1979.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419) is amended by striking out "February 29" and inserting in lieu thereof "March 30". Approved February 29, 1984.

'"'ijf:- '

.t'Kfil,;.*J •, "•i,-j**r'«« f

LEGISLATIVE HISTORY—H.R. 4956: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 28, considered and passed House. Feb. 29, considered and passed Senate.

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 PUBLIC LAW 98-223—MAR. 2, 1984

98 STAT. 37

Public Law 98-223 98th Congress An Act To amend title 38, United States Code, to increase the rates of compensation for disabled veterans and the rates of dependency and indemnity compensation for survivors; to express the sense of the Congress that increases in the rates of compensation should take effect on December 1 beginning in fiscal year 1985; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Veterans' Compensation and Program Improvements Amendments of 1984". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

Mar. 2, 1984 [S. 1388]

Veterans' Compensation and Program Improvements Amendments of 1984. 38 USC 101 note.

TITLE I—DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION PART A—RATE INCREASES DISABILITY COMPENSATION 96 Stat. 1429. SEC. 101. (a) Section 314 is amended— (1) by striking out "$62" in subsection (a) and inserting in lieu 38 USC 314. thereof "$64"; (2) by striking out "$114" in subsection (b) and inserting in lieu thereof "$118"; (3) by striking out "$173" in subsection (c) and inserting in lieu thereof "$179"; (4) by striking out "$249" in subsection (d) and inserting in lieu thereof "$258"; (5) by striking out "$352" in subsection (e) and inserting in lieu thereof "$364"; (6) by striking out "$443" in subsection (f) and inserting in lieu thereof "$459"; (7) by striking out "$559" in subsection (g) and inserting in lieu thereof "$579"; (8) by striking out "$648" in subsection (h) and inserting in lieu thereof "$671"; (9) by striking out "$729" in subsection (i) and inserting in lieu thereof "$755"; (10) by striking out "$1,213" in subsection (j) and inserting in lieu thereof "$1 255"* (11) by striking out "$1,506" and "$2,111" in subsection (k) and inserting in lieu thereof "$1,559" and "$2,185", respectively; (12) by striking out "$1,506" in subsection (1) and inserting in lieu thereof "$1,559";

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PUBLIC LAW 98-223—MAR. 2, 1984

(13) by striking out "$1,661" in subsection (m) and inserting in lieu thereof "$1,719"; (14) by striking out "$1,888" in subsection (n) and inserting in lieu thereof "$1,954"; (15) by striking out "$2,111" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$2,185"; (16) by striking out "$906" and "$1,350" in subsection (r) and inserting in lieu thereof "$938" and "$1,397", respectively; (17) by striking out "$1,357" in subsection (s) and inserting in lieu thereof "$1,404"; (18) by striking out "$262" in subsection (t) and inserting in lieu thereof "$271"; and (19) by striking out "per centum" each place it appears and inserting in lieu thereof "percent". 38 USC 314 note. (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the pur38 USC note view of section 10 of Public Law 85-857 who are not in receipt of prec. 101. compensation payable pursuant to chapter 11 of title 38, United 38 USC 301 et States Code. (c) Sections 312 and 355 are amended by striking out "per 38 USC 312,355. centum" each place it appears and inserting in lieu thereof "percent". ADDITIONAL COMPENSATION FOR DEPENDENTS
 * ^9

96 Stat. 1430. 38 USC 315.

SEC. 102. (a) Section 315(1) is amended— ^) jjy striking out "$74" in clause (A) and inserting in lieu thereof "$77"; (2) by striking out "$124" and "$40" in clause (B) and inserting in lieu thereof "$128" and "$41", respectively; (3) by striking out "$50" and "$40" in clause (C) and inserting in lieu thereof "$52" and "$41", respectively; (4) by striking out "$60" in clause (D) and inserting in lieu thereof "$62"; (5) by striking out "$134" in clause (E) and inserting in lieu thereof "$139"; and (6) by striking out "$112" in clause (F) and inserting in lieu thereof "$116". (b) Section 315 is amended by striking out "per centum" both places it appears and inserting in lieu thereof "percent". CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS

96 Stat. 1430. 38 USC 362.

SEC. 103. Section 362 is amended by striking out "$327" and inserting in lieu thereof "$338". DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES

96 Stat. 1430. 38 USC 411.

SEC. 104. (a) Subsection (a) of section 411 is amended to read as follows: "(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table:

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 PUBLIC LAW 98-223—MAR. 2, 1984 "Pay grade E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 W-1 W-2 W-3

Monthly rate Pay grade $461 W-4 475 0-1 486 0-2 518 0-3 532 0-4 544 0-5 571 0-6 602 0-7 » 629 0-8 583 0-9 607 O-IO 624

98 STAT. 39 Monthly rate $661 583 602 644 681 751 846 915 1,003 1,077 21,179

" ' I f the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $678. "^ If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,265.".

(b) Subsection (b) of such section is amended by striking out "$51" and inserting in lieu thereof "$53". (c) Subsection (c) of such section is amended by striking out "$134" and inserting in lieu thereof "$139". (d) Subsection (d) of such section is amended by striking out "$66" and inserting in lieu thereof "$68". DEPENDENCY A N D INDEMNITY COMPENSATION FOR CHILDREN

SEC 105. Section 413 is amended— 96 Stat. I43i. (1) by striking out "$225" in clause (1) and inserting in lieu ^^ use 413. thereof "$233"; (2) by striking out "$323" in clause (2) and inserting in lieu thereof"$334"; (3) by striking out "$417" in clause (3) and inserting in lieu thereof "$432"; and (4) by striking out "$417" and "$84" in clause (4) and inserting in lieu thereof "$432" and "$87", respectively. S U P P L E M E N T A L D E P E N D E N C Y AND INDEMNITY COMPENSATION FOR

CHILDREN

SEC 106. Section 414 is amended— (1) by striking out "$134" in subsection (a) and inserting in lieu thereof "$139"; (2) by striking out "$225" in subsection (b) and inserting in lieu thereof "$233"; and (3) by striking out "$114" in subsection (c) and inserting in lieu thereof "$118".

96 Stat. 1431. 38 USC 414.

EFFECTIVE DATE

SEC 107. The amendments made by this part shall take effect on April 1, 1984.

38 USC 314 note.

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PUBLIC LAW 98-223—MAR. 2, 1984 EFFECTIVE DATE OF FUTURE INCREASES

38 USC 301 note.

SEC. 108. It is the sense of the Congress that any increase provided by law to take effect after fiscal year 1984 in the rates of disability compensation and dependency and indemnity compensation payable under chapters 11 and 13, respectively, of title 38, United States 38 USC 301 et Code, shall take effect on December 1 of the fiscal year involved and seq., 401 et seq. ^^^^ ^j^g budgets for any such fiscal year include amounts to achieve such purpose. PART B—COMPENSATION PROGRAM AMENDMENTS PRESUMPTION C O N C E R N I N G DYSTHYMIC DISORDER

38 USC 312.

SEC. 111. Section 312(b) is amended— (1) by striking out "or" at the end of clause (8); (2) by inserting "or" at the end of clause (9); and (3) by inserting after clause (9) the following new clause: "(10) dysthymic disorder (or depressive neurosis),". RATES OF COMPENSATION FOR CERTAIN BLINDED VETERANS

38 USC 314.

SEC. 112. (a) Subsection (o) of section 314 is amended by inserting "or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less," after "5/200 visual acuity or less,", (b) Subsection (p) of section 314 is amended— (1) by striking out "40" in clause (1) and inserting in lieu thereof "30"; and (2) by inserting after the second period the following new sentence: "In the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 10 or 20 percent disabling, the Administrator shall allow the next intermediate rate, but in no event in excess of $2,185.". INCREASES IN COMPENSATION ON ACCOUNT OF CERTAIN PERIODS OF HOSPITALIZATION OR CONVALESCENCE

96 Stat. 801. 38 USC 3011.

SEC. 113. Section 3011(c) is amended— (1) by inserting "(1)" after "(c)"; and (2) by adding at the end the following new paragraph: "(2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.". EFFECTIVE DATE

38 USC 312 note.

SEC. 114. The amendments made by this part shall take effect as ofOctober 1, 1983.

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98 STAT. 41

TITLE II—VETERANS' PROGRAM IMPROVEMENTS INCLUSION OF CERTAIN ADOPTED PERSONS WITHIN THE TITLE 38 DEFINITION OF CHILD

SEC. 201. Section 101(4)(A) is amended by adding at the end the 38 USC loi. following new sentence: "A person described in clause (ii) of the first sentence of this subparagraph who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran shall be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of adoption.". FIVE-YEAR EXTENSION OF PROGRAM TO PROVIDE ASSISTANCE TO STATE V E T E R A N S ' CEMETERIES

SEC 202. Section 1008(a)(2) is amended by inserting a comma and 38 USC 1008. "and such sums as may be necessary for fiscal year 1985 and for each of the four succeeding fiscal years," after "fiscal years". M I S C E L L A N E O U S EDUCATION PROGRAM AMENDMENTS

SEC. 203. (a) Section 1602(1) is amended by adding at the end the following new subparagraph: "(D)(i) The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shall be waived in the case of a veteran described in division (ii) of this subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes such an election shall be ineligible for assistance under such chapter. Such an election is irrevocable. "(ii) A veteran referred to in division (i) of this subparagraph is a veteran who before January 1, 1977, performed military service described in subparagraph (C)(iii), is entitled under section 1652(a)(3)(C) of this title to have such service considered to be 'active duty' for the purposes of chapter 34 of this title, and is eligible for assistance under such chapter only by reason of having such service considered to be active duty.". (b) Section 1733(a) is amended— (1) by inserting "(with no dependents)" after "an eligible veteran"; and (2) by striking out all after "of this title" the second place it appears and inserting in lieu thereof a period. (c)(1) Section 1781 is amended— (A) by inserting "(a)" before "No educational"; and (B) by adding at the end the following new subsection: "(b) No person may receive benefits concurrently under two or more of the provisions of law listed below for the pursuit of the same program of education: "(1) Chapters 31, 32, 34, 35, and 36 of this title. "(2) Chapter 107 of title 10. "(3) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96-342, 10 U.S.C. 2141 note). "(4) The Hostage Relief Act of 1980 (Public Law 96-449, 5 U.S.C. 5561 note).". (2)( A) Subsection (a) of section 1795 is amended to read as follows:

38 USC 1602. 38 USC 1651 et

38 USC 1652.

38 USC 1733.

38 USC I78i.

38 USC 1501 et '{gr^ ^f/j^ Jf^^. etseq 1770 et seq. ' lo use 2i4i et ^^^ 38 USC 1795.

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"(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): "(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. "(2) Title II of the Veterans' Readjustment Assistance Act of 66 Stat. 663. 1952. "(3) The War Orphans' Educational Assistance Act of 1956. 38 USC 1601 et "(4) Chapters 32, 34, 35, and 36 of this title, and the former seq^ 1651 et seq

etseq ''^•' 10 USC 2141 et seq.

chapter 33.

"(5) Chapter 107 of title 10. "(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96-342,10 U.S.C. 2141 note). "(7) The Hostage Relief Act of 1980 (Public Law 96-449, 5 U.S.C. 5561 note).". (B) Subsection (b) of such section is amended— (i) by striking out "clauses (1), (2), (3), and (4)" and inserting in lieu thereof "subsection (a)"; and (ii) by striking out "forty-eight" and inserting in lieu thereof "48". SUBSTITUTION OF HOUSING LOAN-GUARANTY ENTITLEMENT

38 USC 1802.

SEC. 204. Section 1802(b)(2) is amended by striking out "an immediate" and inserting in lieu thereof "a". LOAN GUARANTIES FOR MANUFACTURED HOMES PERMANENTLY AFFIXED TO LOTS

38 USC 1810.

96 Stat. 1444. 38 USC 1819.

SEC. 205. (a) Section 1810 is amended— (1) by inserting after subsection (a)(8) the following new clause: "(9)(A)(i) To purchase a manufactured home to be permanently affixed to a lot that is owned by the veteran. "(ii) To purchase a manufactured home and a lot to which the home will be permanently affixed. "(B)(i) To refinance, in accordance with the terms and conditions applicable under the provisions of subsection (e) of this section (other than paragraph (1)(E) of such subsection) to the guaranty of a loan for the purpose specified in clause (8) of this subsection, an existing loan guaranteed, insured, or made under this chapter that is secured by a manufactured home permanently affixed to a lot that is owned by the veteran. "(ii) To refinance, in accordance with section 1819(a)(5) of this title, an existing loan that was made for the purchase of, and that is secured by, a manufactured home that is permanently affixed to a lot and to purchase the lot to which the manufactured home is affixed."; and (2) by adding at the end the following new subsection: "(f)(1) For a loan to be guaranteed for the purpose specified in subclause (A)(ii) or (B)(ii) of subsection (a)(9) of this section, the purchase of (or the refinancing of a loan secured by) the manufactured home and the lot for that home shall be considered as one loan and must comply with such criteria as may be prescribed by the Administrator in regulations. "(2) A loan may not be guaranteed for the purposes of subsection (a)(9) of this section unless the manufactured home purchased, upon

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 PUBLIC LAW 98-223—MAR. 2, 1984 being permanently affixed to the lot, is considered to be real property under the laws of the State where the lot is located.". (b) Section 1819(a)(5) is amended by inserting "or section 1810(a)(9)(B)(ii) of this title" after "paragraph (1)(G) of this subsection" both places it appears. (c) Section 1803(c)(3) is amended— (1) by striking out "or (8)" in clause (A) and inserting in lieu thereof a comma and "(8), or (9)(B)(i)"; and (2) by inserting "1810(a)(9)(B)(ii) or" in clause (E) after "section".

98 STAT. 43 96 Stat. 1444. ^^ use 1819. 96 Stat. 1444. ^^ "^^ ^^'^^•

EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS FOR VETERANS WITH SERIOUS EMPLOYMENT HANDICAPS

SEC. 206. Section 2011(1) is amended to read as follows: "(1) The term 'special disabled veteran' means— "(A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Veterans' Administration for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under section 1506 of this title to have a serious employment handicap; or "(B) a person who was discharged or released from active duty because of service-connected disability.".

'"

38 USC 2011.

,; vt\

PAYMENTS FOR FIDUCIARY SERVICES

SEC. 207. (a) Section 3202(a) is amended— 38 USC 3202. (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following new paragraph: "(2) In a case in which the Administrator determines that a commission is necessary in order to obtain the services of a fiduciary in the best interests of a beneficiary, the Administrator may authorize a fiduciary appointed by the Veterans' Administration to obtain from the beneficiary's estate a reasonable commission for fiduciary services rendered, but the commission for any year may not exceed 4 percent of the monetary benefits under laws administered by the Veterans' Administration paid on behalf of the beneficiary to the fiduciary during such year. A commission may not be authorized for a fiduciary who receives any other form of remuneration or payment in connection with rendering fiduciary services on behalf of the beneficiary.". ,^ (b)(1) The heading for section 3202 is amended to read as follows: "§ 3202. Payments to and supervision of nduciaries". (2) The item relating to such section in the table of sections at the beginning of chapter 55 is amended to read as follows: "3202. Payments to and supervision of fiduciaries.". BOARD OF V E T E R A N S ' APPEALS MEMBERSHIP

SEC. 208. (a) Section 4001(a) is amended by striking out "(not more 38 USC 400i. than fifty)" and inserting in lieu thereof "(not more than 65)". (b) Section 4001 is amended by adding at the end the following new subsection:

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 98 STAT. 44

Report.

38 USC 214.

Infra. 38 USC 4001, 4002. 38 USC 4002.

Supra.

PUBLIC LAW 98-223—MAR. 2, 1984 "(c)(1) Subject to paragraph (2) of this subsection, the Chairman may from time to time designate employees of the Veterans' Administration to serve as temporary members of the Board. Any such designation shall be for a period of not to exceed one year, as determined by the Chairman. An individual may not serve as a temporary member of the Board for more than 24 months during any 48-month period. "(2) Designation under paragraph (1) of this subsection of an individual as a temporary member of the Board may not be made when there are fewer than 65 members of the Board. "(3) In each annual report to the Congress under section 214 of this title, the Administrator shall provide detailed descriptions of the activities undertaken and plans made in the fiscal year for which the report is made with respect to the authority provided by paragraph (1) of this subsection. In each such report, the Administrator shall indicate, in terms of full-time employee equivalents, the number of temporary Board members designated under this subsection and the number of acting Board members designated under section 4002(a)(2)(A)(ii) of this title during the year for which the report is made.". (c) Sections 4001 and 4002 are each amended by striking out "associate" each place it appears. (d) Section 4002 is amended— (1) by inserting "(a)(1)" before "The Chairman"; (2) by striking out the second sentence and inserting in lieu thereof the following: "(2)(A) If a section is composed of fewer than three members as a result of the absence of a member or a vacancy on the Board or the inability of a member assigned to a section to serve on that section, the Chairman— "(i) may assign another member of the Board to the section; "(ii) may designate an employee of the Veterans' Administration to serve as an acting member of the Board on such section for a period of not to exceed 90 days, as determined by the Chairman; or "(iii) may direct the section to proceed with the transaction of business without awaiting the assignment of an additional member to the section. "(B) An individual may not serve as an acting member of the Board for more than 270 days during any 12-month period. "(3) A section of the Board may not at any time have among its members more than one individual who is a temporary member designated under section 4001(c) of this title or an acting member designated under paragraph (2)(A)(ii) of this subsection."; (3) by designating the sentence beginning "A hearing docket" as subsection (b); and (4) by designating the sentence beginning "A section o f as subsection (c). MEMBERSHIP OF SPECIAL MEDICAL ADVISORY GROUP

38 USC 4112.

SEC. 209. Section 4112(a) is amended— (1) by inserting a comma and "other individuals considered by the Chief Medical Director to have experience pertinent to the mission of the Department of Medicine and Surgery," after "professions";

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98 STAT. 45

(2) by striking out "Director, whose duties" and inserting in lieu thereof "Director. The duties of the special medical advisory group"; and (3) by striking out "direct" and inserting in lieu thereof "directly". REVISION OF EFFECTIVE DATE FOR CERTAIN RESERVE OFFICERS TRAINING CORPS P A R T I C I P A N T S ' ELIGIBILITY FOR VETERANS' ADMINISTRATION BENEFITS

SEC. 210. Subsection (d) of section 113 of the Veterans' Compensation, Education, and Employment Amendments of 1982 (Public Law 97-306; 96 Stat. 1433) is amended to read as follows: "(d) The amendments made by subsections (a) and (b) and the provisions of subsection (c)— "(1) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982, shall take effect as of October 1, 1982; and "(2) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before October 1, 1982, shall take effect as of October 1, 1983.". PILOT PROGRAM FOR EXPEDITING CERTAIN MEDICAL FACILITY CONSTRUCTION PROJECTS

SEC. 211. (a)(1) Subject to subsection (b) and notwithstanding any other provision of law, during fiscal years 1984 and 1985 the Administrator of Veterans' Affairs may obligate, for the purpose described in paragraph (2), a total of not more than $25,000,000 of funds appropriated to the Veterans' Administration under the appropriation account "CONSTRUCTION, MAJOR PROJECTS" that are unobligated and that the Administrator determines are no longer needed for the projects for which such funds were appropriated and are not needed for contingencies arising in the Veterans' Administration's construction program. (2) Funds described in paragraph (1) may be obligated for the purpose of undertaking during fiscal year 1984 or 1985 working drawings for any project for construction or alteration of any medical facility that is planned to be undertaken (subject to appropriations for such project) during fiscal year 1985 or 1986. (b)(1) Funds may not be obligated under subsection (a) for working drawings for projects for the complete replacement of an existing health-care facility or for projects for the new construction of a complete health-care facility. (2) The amount obligated under subsection (a) for working drawings for any one project may not exceed $2,500,000. (3) The Administrator may not undertake under subsection (a) working drawings for a project unless the Administrator, not less than 30 days before undertaking the drawings, has provided to the Committees on Veterans' Affairs and on Appropriations of the Senate and House of Representatives written notice of the drawings to be undertaken, the estimated cost of the drawings, and the estimated range of the total cost of the project. (c) For the purpose of this section: (1) The term "medical facility" has the meaning provided in section 5001(3) of title 38, United States Code.

38 USC 101 note.

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PUBLIC LAW 98-223—MAR. 2, 1984 (2) The term "working drawings" includes specifications and other related technical services. SPRINGFIELD CONFEDERATE CEMETERY

Missouri.

38 USC 1000 et «««•

SEC. 212. The land comprising the Confederate cemetery at Springfield, Missouri, shall be considered part of the S p r i n ^ e l d National Cemetery and may be used for the purposes for which national cemeteries may be used under chapter 24 of title 38, United States Code. The provision of the first section of the Act of March 3, 1911 (36 Stat. 1077, chapter 211) requiring that the land comprising that cemetery be used only as a cemetery for the graves of men who were in the military or naval service of the Confederate States of America is hereby superseded. TECHNICAL AMENDMENTS

SEC. 213. Title 38 is amended as follows: (1) Section 351 is amended by striking out "title 28, United States Code," both places it appears and inserting in lieu thereof "title 28". (2) Section 412(a) is amended— (A) by striking out "section 414 of title 42" in clause (1) and inserting in lieu thereof "section 214 of the Social Security Act (42 U.S.C. 414)"; (B) by striking out "section 402 of title 42" in clause (3) and inserting in lieu thereof "section 202 of the Social Security Act (42 U.S.C. 402)"; and (C) by striking out "subchapter II of chapter 7 of title 42" in the matter after clause (3) and inserting in lieu thereof "title II of the Social Security Act (42 U.S.C. 201 et seq.)"; and (3) Section 3010(m) is amended by striking out "subsection" and inserting in lieu thereof "section". Approved March 2, 1984.

LEGISLATIVE HISTORY—S. 1388 (H.R. 2937): HOUSE REPORT No. 98-228 accompanying H.R. 2937 (Comm. on Veterans' Affairs). SENATE REPORT No. 98-249 (Comm. on Veterans' Affairs). C O N G R E S S I O N A L RECORD:

Vol. 129 (1983): Nov. 18, considered and passed Senate. Vol. 130 (1984): Feb. 8, considered and passed House, amended. Feb. 9, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 9 (1984): Mar. 2, Presidential statement.

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98 STAT. 47

Public Law 98-224 98th Congress An Act To make certain miscellaneous changes in laws relating to the civil service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION I. This Act may be cited as the "Civil Service Miscellaneous Amendments Act of 1983".

Mar. 2, 1984 [H.R. 4336] Civil Service Miscellaneous Amendments Act of 1983. 5 USC 1101 note.

REAPPOINTMENT OF FORMER ADMINISTRATIVE LAW JUDGES

SEC. 2. Section 3323(b) of title 5, United States Code, is amended to read as follows: "(b)(1) Notwithstanding other statutes, an annuitant as defined by section 8331 of this title receiving annuity from the Civil Service 5 USC 8331. Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority. "(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under section 3105 of this title may be reappointed an administra- 5 USC 3105. tive law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under section 3105 of this title shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph.". FEDERAL LABOR RELATIONS AUTHORITY

SEC. 3. (a) Section 7104(b) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: "The Chairman is the chief executive and administrative officer of the Authority.". (b) Section 7104(c) of title 5, United States Code, is amended to read as follows: "(c) A member of the Authority shall be appointed for a term of 5 years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the earlier of— "(1) the date on which the member's successor takes office, or

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 98 STAT. 48

PUBLIC LAW 98-224—MAR. 2, 1984 "(2) the last day of the Congress beginning after the date on which the member's term of office would (but for this paragraph) expire.". ARBITRATION AWARDS

5 USC 5596.

SEC. 4. Section 7122(b) of title 5, United States Code, is amended to read as follows: "(b) If no exception to an arbitrator's award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the actions required by an arbitrator's final award. The award may include the payment of backpay (as provided in section 5596 of this title).". EXECUTIVE EXCHANGE PROGRAM

5 USC 1304.

SEC. 5. (a) Section 4108 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(d) For purposes of this section, 'training' includes a private sector assignment of an employee participating in the Executive Exchange Program of the President's Commission on Executive Exchange.". (b)(1) Section 1304(e)(1) of title 5, United States Code, is amended— (A) by striking out clause (ii); and (B) by striking out "(i)". (2) Section 4109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(d)(1) The revolving fund referred to in section 1304(e)(1) of this title shall be available to the Executive Exchange Program of the President's Commission on Executive Exchange without fiscal year limitation— "(A) for the costs of education and related travel of participants in such program; and "(B) for printing, without regard to section 501 of title 44; and "(C) in such amounts as may be specified in appropriations Acts, for entertainment expenses. "(2) Participation fees which the President's Commission on Executive Exchange may impose and collect for participation in its Executive Exchange Program (including the balance of any participation fees collected under former section 1304(e)(l)(ii) of this title as of the effective date of this subsection) shall be credited to the revolving fund.".

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 PUBLIC LAW 98-224—MAR. 2, 1984 AUTHORITY TO CONTINUE DEMONSTRATION PROJECT

SEC. 6. The Department of the Navy is authorized to continue operation of the personnel demonstration project authorized by section 4703 of title 5, United States Code, at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California, until September 30, 1990, without regard to section 4703(d)(1) of such title. Approved March 2, 1984.

30,

ir.T..i

LEGISLATIVE HISTORY—H.R. 4336: CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 16, considered and passed House. Vol. 130 (1984): Feb. 9, considered and passed Senate, amended. Feb. 21, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 9 (1984): Mar. 2, Presidential statement.

31-194 0 - 86 - 4: OL. 3 Part 1

98 STAT. 49

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