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 98 STAT. 2728 Federal Register, publication.

PUBLIC LAW 98-542—OCT. 24, 1984

section 6). Those evaluations shall be published in the notice section of the Federal Register. (p),pj^g standards and criteria required to be established in regulations prescribed under this section shall include provisions governing the use in the adjudication of individual claims of the Administrator's evaluations made under subparagraph (B). (2)(A)(i) In prescribing regulations under this section, the Administrator (after receiving the advice of the Advisory Committee and of the appropriate panel of the Scientific Council of the Veterans' Advisory Committee on Environmental Hazards regarding the diseases described in subparagraph (B)) shall make determinations, based on sound medical and scientific evidence, with respect to each disease described in subparagraph (B) as to whether service connection shall, subject to division (ii) of this subparagraph, be granted in the adjudication of individual cases. In making determinations regarding such diseases, the Administrator shall give due regard to the need to maintain the policy of the United States with respect to the resolution of contested issues as set forth in section 2(13). The Administrator shall set forth in such regulations such determinations, with any specification (relating to exposure or other relevant matter) of limitations on the circumstances under which service connection shall be granted, and shall implement such determinations in accordance with such regulations. (ii) If the Administrator makes a determination, pursuant to this subparagraph, that service connection shall be granted in the case of a disease described in subparagraph (B), the Administrator shall specify in such regulations that, in the adjudication of individual cases, service connection shall not be granted where there is sufficient affirmative evidence to the contrary or evidence to establish that an intercurrent injury or disease which is a recognized cause of the described disease has been suffered between the date of separation from service and the onset of such disease or that the disability is due to the veteran's own willful misconduct. (iii) With regard to each disease described in subparagraph (B), the Administrator shall include in the regulations prescribed under this section provisions specifying the factors to be considered in adjudicating issues relating to whether or not service connection should be granted in individual cases and the circumstances governing the granting of service connection for such disease. (B) The diseases referred to in subparagraph (A) are those specified in section 2(5) and any other disease with respect to which the Administrator finds (after receiving and considering the advice of the appropriate panel of the Scientific Council established under section 6(d)(2)) that there is sound scientific or medical evidence indicating— (i) a connection to exposure to a herbicide containing dioxin, in the case of a veteran who was exposed to that herbicide during such veteran's service in the Republic of Vietnam during the Vietnam era, or (ii) a connection to exposure to ionizing radiation, in the case of a veteran who was exposed to ionizing radiation in connection with such veteran's participation in an atmospheric nuclear test or with the American occupation of Hiroshima or Nagasaki, Japan, before July 1, 1946. (3) The regulations prescribed under this section shall include—

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 PUBLIC LAW 98-542—OCT. 24, 1984 (A) specification of the maximum period of time after exposure to such herbicide or ionizing radiation for the development of those diseases; and (B) a requirement that a claimant filing a claim based upon a veteran's exposure to a herbicide containing dioxin or to ionizing radiation from the detonation of a nuclear device may not be required to produce evidence substantiating the veteran's exposure during active military, naval, or air service if the information in the veteran's service records and other records of the Department of Defense is not inconsistent with the claim that the veteran was present where and when the claimed exposure occurred. (c)(1) The Administrator of Veterans' Affairs shall develop the regulations required by this section (and any amendment to those regulations) through a public review and comment process in accordance with the provisions of section 553 of title 5, United States Code. That process may include consideration by the Administrator of the recommendations of the Veterans' Advisory Committee on Environmental Hazards and the Scientific Council thereof (established under section 6) with respect to the proposed regulations, and that process shall include consideration by the Administrator of the recommendations of the Committee and the Council with respect to the final regulations and proposed and final amendments to such regulations. The period for public review and comment shall be completed not later than ninety days after the proposed regulations or proposed amendments are published in the Federal Register. (2)(A) Not later than one hundred and eighty days after the date of the enactment of this Act, the Administrator shall develop and publish in the Federal Register a proposed version of the regulations required to be prescribed by this section. (B) Not later than three hundred days after the date of the enactment of this Act, the Administrator shall publish in the Federal Register the final regulations (together with explanations of the bases for the guidelines, standards, and criteria contained therein) required to be prescribed by this section.

98 STAT. 2729

Federal Register, P" ^^^ ^°^'

ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS

SEC. 6. (a) The advisory committee referred to in subsections (b) and (c) of section 5, to be known as the Veterans' Advisory Committee on Environmental Hazards (hereinafter in this section referred to as the "Committee") shall consist of fifteen members appointed by the Administrator of Veterans' Affairs after requesting and considering recommendations from veteran organizations, including— (1) eleven individuals (of whom none may be members of the Armed Forces on active duty or employees of the Veterans' Administration or the Department of Defense and not more than three may be employees of other Federal departments or agencies), appointed, after requesting and considering the recommendations of the heads of Federal entities with particular expertise in biomedical and environmental science, including— (A) three individuals who are recognized medical or scientific authorities in fields pertinent to understanding the health effects of exposure to dioxin;

38 USC 354 note.

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 98 STAT. 2730

Reports.

PUBLIC LAW 98-542—OCT. 24, 1984

(B) three individuals who are recognized medical or scientific authorities in fields pertinent to understanding the health effects of exposure to ionizing radiation; and (C) five individuals who are recognized medical or scientific authorities in fields, such as epidemiology and other scientific disciplines, pertinent to determining and assessing the health effects of exposure to dioxin or ionizing radiation in exposed populations; and (2) four individuals from the general public, including at least one disabled veteran, having a demonstrated interest in and experience relating to veterans' concerns regarding exposure to dioxin or ionizing radiation. (b) The Committee shall include, as ex officio, nonvoting members, the Chief Medical Director and the Chief Benefits Director of the Veterans' Administration, or their designees. (c) The Committee shall submit to the Administrator any recommendations it considers appropriate for administrative or legislative action. (d)(1) The eleven members of the Committee described in subsection (a)(1) shall, in addition to serving as members of the Committee, constitute a Scientific Council of the Committee (hereinafter in this section referred to as the "Council"). (2) The Council shall be divided into (A) an eight-member panel with responsibility for evaluating scientific studies relating to possible adverse health effects of exposure to dioxin, and (B) an eightmember panel with responsibility for evaluating scientific studies relating to possible adverse health effects of exposure to ionizing radiation. (3) The Council shall make findings and evaluations regarding pertinent scientific studies and shall submit to the Committee and the Administrator directly periodic reports on such findings and evaluations. (e) The Administrator shall designate one of the members to chair the Committee and another member to chair the Council. (f) The Administrator shall determine the terms of service and pay and allowances of members of the Committee, except that a term of service of any member may not exceed three years. The Administrator may reappoint any member for additional terms of service. (g) The Administrator shall provide administrative support services and fiscal support for the Committee. NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES

38 USC 354 note.

38 USC 301 et seq., 401 et seq.

SEC. 7. (a) In connection with the duties of the Director of the Defense Nuclear Agency, as Department of Defense Executive Agent for the Nuclear Test Personnel Review Program, relating to the preparation of radiation dose estimates with regard to claims for Veterans' Administration disability compensation and dependency and indemnity compensation under chapters 11 and 13, respectively, of title 38, United States Code— (1) the Secretary of Defense shall prescribe guidelines (and any amendment to those guidelines) through a public review and comment process in accordance with the provisions of section 553 of title 5, United States Code—

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 PUBLIC LAW 98-542—OCT. 24, 1984

98 STAT. 2731

(A) specifying the minimum standards governing the preparation of radiation dose estimates in connection with claims for such compensation, (B) making such standards uniformly applicable to the several branches of the Armed Forces, and (C) requiring that each such estimate furnished to the Veterans' Administration and to any veteran or survivor include information regarding all material aspects of the radiation environment to which the veteran was exposed and which form the basis of the claim, including inhaled, ingested, and neutron doses; and (2) the Secretary of Health and Human Services, through the Director of the National Institutes of Health, shall— (A) conduct a review of the reliability and accuracy of scientific and technical devices and techniques (such as "whole body counters") which may be useful in determining previous radiation exposure; (B) submit to the Administrator of Veterans' Affairs and Report. the Committees on Veterans' Affairs of the House of Representatives and the Senate, not later than July 1, 1985, a report regarding the results of such review, including information concerning the availability of such devices and techniques, the categories of exposed individuals as to whom use of such devices and techniques may be appropriate, and the reliability and accuracy of dose estimates which may be derived from such devices and techniques; and (C) enter into an interagency agreement with the Administrator of Veterans' Affairs for the purpose of assisting the Administrator in identifying agencies or other entities capable of furnishing services involving the use of such devices and techniques. (b) The Administrator of Veterans' Affairs, in resolving material differences between a radiation dose estimate, from a credible source, submitted by a veteran or survivor and a radiation dose estimate prepared and transmitted by the Director of the Defense Nuclear Agency, shall provide for the preparation of a radiation dose estimate by an independent expert, who shall be selected by the Director of the National Institutes of Health and who shall not be affiliated with the Defense Nuclear Agency, and the Administrator shall provide for the consideration of such independent estimate in connection with the adjudication of the claim for Veterans' Administration compensation. AMENDMENTS TO REGULATIONS

SEC. 8. (a) Paragraph (3) of section 307(b) of the Veterans' Health Programs Extension and Improvement Act of 1979 (38 U.S.C. 219 note) is amended to read as follows: "(3) Immediately after the submission of each report under paragraph (2), the Administrator, based on the results described in such report and the comments and recommendations included therein and any other available pertinent information, shall evaluate the need for any amendments to regulations, prescribed pursuant to section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act, for the resolution of claims for service connection based on the exposure specified in subsection (a)(l)(A) of such

Ante, p. 2727.

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 98 STAT. 2732 Federal Register, publication.

38 USC 219 note.

Ante, p. 2727. Federal Register, publication.

PUBLIC LAW 98-542—OCT. 24, 1984

section. To the extent that the Administrator determines that any amendments to such regulations are needed, the Administrator, not later than 90 days after such submission, shall develop and publish in the Federal Register, for public review and comment, proposed amendments to such regulations.". (b) Paragraph (5) of section 601(a) of the Veterans' Health Care Amendments of 1983 (Public Law 98-160; 97 Stat. 1007) is amended by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph (B): "(B) Immediately after the submission of each report under subparagraph (A), the Administrator, based on the results described in such report and the comments and recommendations included therein and any other available pertinent information, shall evaluate the need for any amendments to regulations, prescribed pursuant to section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act, for the resolution of claims for service connection based on the exposure specified in subsection (a)(1)(B) of such section. To the extent that the Administrator determines that any amendments to such regulations are needed, the Administrator, not later than 90 days after such submission, shall develop and publish in the Federal Register, for public review and comment, proposed amendments to such regulations.". INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES

38 USC 354 note.

SEC. 9. (a)(1) In the case of a veteran— \ (A) who served in the active military, naval, or air service in the Republic of Vietnam during the Vietnam era; and (B) who has a disease described in subsection (b) that became manifest within one year after the date of the veteran's most recent departure from the Republic of Vietnam during that service, the Administrator shall (except as provided in subsection (c)) pay a monthly disability benefit to the veteran in accordance with this section. (2) If a veteran described in paragraph (1) dies from the disease, the Administrator shall pay a monthly death benefit to the survivors of the veteran in accordance with this section. (b) The diseases referred to in subsection (a) are chloracne and porphyria cutanea tarda. (c) Benefits may not be paid under this section with respect to a disease occurring in a veteran— (1) where there is affirmative evidence that the disease was not incurred by the veteran during service in the Republic of Vietnam during the Vietnam era; (2) where there is affirmative evidence to establish that an intercurrent injury or disease which is a recognized cause of the disease was suffered by the veteran between the date of the veteran's most recent departure from the Republic of Vietnam during active military, naval, or air service and the onset of the disease; or (3) if the Administrator determines, based on evidence in the veteran's service records and other records of the Department of Defense, that the veteran was not exposed to dioxin during active military, naval, or air service in the Republic of Vietnam during the Vietnam era.

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 PUBLIC LAW 98-542—OCT. 24, 1984

98 STAT. 2733

(d)(1) A disability benefit payable to a veteran under this section for a disease described in subsection (b) shall be paid at the rate at which compensation would be payable under chapter 11 of title 38, 38 USC 301 et United States Code, to that veteran for the disability resulting from ^eq. that disease if the disability were determined to be serviceconnected. (2) A death benefit payable under this section to the survivors of a veteran shall be paid to such survivors based upon the eligibility requirements (other than the requirement that death be the result of a service-connected or compensable disability) and at the rates that are applicable to dependency and indemnity compensation under chapter 13 of that title. 38 USC 401 et (e) A benefit may not be paid under this section with respect to a ^^idisease or the death of a veteran for any month for which compensation is payable to that veteran for that disease under chapter 11 of title 38, United States Code, or for which dependency and indemnity compensation is payable for that death under chapter 13 of such title. (f) A disease establishing eligibility for a disability or death benefit under this section shall be treated for purposes of all other laws of the United States (other than chapters 11 and 13 of title 38, United States Code) as if such disease were service connected. The receipt of a disability benefit under this section shall be treated for purposes of all other laws of the United States as if such benefit were compensation under chapter 11 of such title, and the receipt of a death benefit under this section shall be treated for purposes of all other laws of the United States as if such benefit were dependency and indemnity compensation under chapter 13 of title 38, United States Code. (g) For the purposes of this section: (1; The term "Administrator" means the Administrator of Veterans' Affairs. (2) The term "Vietnam era" means the period beginning on August 5, 1964, and ending on May 7, 1975. (3) The term "veteran" has the meaning given that term in paragraph (2) of section 101 of title 38, United States Code, and includes a person who died in the active military, naval, or air sen ice. (4) The terms "service-connected" and "active military, naval, or air service" have the meanings given those terms in paragraphs (16) and (24), respectively, of section 101 of title 38, United States Code.

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 98 STAT. 2734 Effective date.

PUBLIC LAW 98-542—OCT. 24, 1984

(h)(1) This Section takes effect as of October 1, 1984. No benefit may be paid under this section for a period before that date. (2) No benefit may be paid under this section for a period after September 30, 1986. Approved October 24, 1984.

LEGISLATIVE HISTORY—H.R. 1961 (S. 1651): HOUSE REPORT No. 98-592 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Jan. 30, considered and passed House. May 22, considered and passed Senate, amended. Oct. 3, House concurred in Senate amendments with amendments. Oct. 4, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 43 (1984): Oct. 24, Presidential statement.

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 PUBLIC LAW 98-543—OCT. 24, 1984

Public Law 98-543 98th Congress

98 STAT. 2735

An Act

To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans and of dependency and indemnity compensation for surviving spouses and children of veterans, to increase the rates of subsistence and educational assistance allowances for veterans pursuing vocational rehabilitation programs under chapter 31 of such title and for veterans and eligible persons pursuing programs of education or training under chapter 34, 35, or 36 of such title, to increase the opportunities for vocational rehabilitation of certain veterans receiving disability compensation, and to provide vocational training opportunities for certain veterans receiving pension; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; R E F E R E N C E S TO TITLE 38, UNITED STATES CODE SECTION 1. (a) This Act may be cited as the "Veterans' Benefits Improvement Act 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.

Oct. 24, 1984 [H.R. 5688]

Veterans' Benefits Improvement Act of 1984. 38 USC 101 note.

TITLE I—DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION PART A—RATE INCREASES DISABILITY COMPENSATION

SEC. 101. (a) Section 314 is amended— (1) by striking out "$64" in subsection (a) and inserting in lieu thereof "$66"; (2) by striking out "$118" in subsection (b) and inserting in lieu thereof "$122"; (3) by striking out "$179" in subsection (c) and inserting in lieu thereof "$185"; (4) by striking out "$258" in subsection (d) and inserting in lieu thereof "$266"; (5) by striking out "$364" in subsection (e) and inserting in lieu thereof "$376"; (6) by striking out "$459" in subsection (f) and inserting in lieu thereof "$474"; (7) by striking out "$579" in subsection (g) and inserting in lieu thereof "$598"; (8) by striking out "$671" in subsection (h) and inserting in lieu thereof "$692"; (9) by striking out "$755" in subsection (i) and inserting in lieu thereof "$779"; (10) by striking out "$1,255" in subsection (j) and inserting in lieu thereof "$1,295";

Ante, p. 37.

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 98 STAT. 2736

PUBLIC LAW 98-543—OCT. 24, 1984

(11) by striking out "$1,559" and "$2,185" in subsection (k) and inserting in lieu thereof "$1,609" and "$2,255", respectively; (12) by striking out "$1,559" in subsection (1) and inserting in lieu thereof "$1,609"; (13) by striking out "$1,719" in subsection (m) and inserting in lieu thereof "$1,774"; (14) by striking out "$1,954" in subsection (n) and inserting in lieu thereof "$2,017"; (15) by striking out "$2,185" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$2,255"; (16) by striking out "$938" and "$1,397" in subsection (r) and inserting in lieu thereof "$968" and "$1,442", respectively; (17) by striking out "$1,404" in subsection (s) and inserting in lieu thereof "$1,449"; and (18) by striking out "$271" in subsection (t) and inserting in lieu thereof "$280". 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 U^c 301 et States Code. seq. ADDITIONAL COMPENSATION FOR DEPENDENTS

Ante, p. 38.

SEC. 102. Section 315(1) is amended— (1) by striking out "$77" in clause (A) and inserting in lieu thereof "$79"; (2) by striking out "$128" and "$41" in clause (B) and inserting in lieu thereof "$132" and "$42", respectively; (3) by striking out "$52" and "$41" in clause (C) and inserting in lieu thereof "$54" and "$42", respectively; (4) by striking out "$62" in clause (D) and inserting in lieu thereof "$64"; (5) by striking out "$139" in clause (E) and inserting in lieu thereof "$143"; and (6) by striking out "$116" in clause (F) and inserting in lieu thereof "$120". CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS

Ante, p. 38.

SEC. 103. Section 362 is amended by striking out "$338" and inserting in lieu thereof "$349". DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES

Ante, p. 38.

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 98-543—OCT. 24, 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 $476 W-4 490 0-1 502 0-2 535 0-3 549 0-4 561 0-5 589 0-6 621 0-7 1649 0-8 602 0-9 626 O-IO 644

98 STAT. 2737 Monthly rate $682 602 621 665 703 775 873 944 1,035 1,111 21,217

" ' If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $700. "^ 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 $1,305.".

(b) Subsection (b) of such section is amended by striking out "$53" and inserting in lieu thereof "$55". (c) Subsection (c) of such section is amended by striking out "$139" and inserting in lieu thereof "$143". (d) Subsection (d) of such section is amended by striking out "$68" and inserting in lieu thereof "$70". DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

SEC. 105. Section 413 is amended— Ante, p. 39. (1) by striking out "$233" in clause (1) and inserting in lieu thereof "$240"; (2) by striking out "$334" in clause (2) and inserting in lieu thereof "$345"; (3) by striking out "$432" in clause (3) and inserting in lieu thereof "$446"; and (4) by striking out "$432" and "$87" in clause (4) and inserting in lieu thereof "$446" and "$90", respectively. SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

SEC. 106. Section 414 is amended— Ante, p. 39. (1) by striking out "$139" in subsection (a) and inserting in lieu thereof "$143"; (2) by striking out "$233" in subsection (b) and inserting in lieu thereof "$240"; and (3) by striking out "$118" in subsection (c) and inserting in lieu thereof "$122". EFFECTIVE DATE

SEC. 107. Sections 101 through 106 shall take effect on 38 USC 314 note. December 1, 1984.

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 98 STAT. 2738

PUBLIC LAW 98-543—OCT. 24, 1984 PART B—COMPENSATION PROGRAM AMENDMENTS TRIAL WORK PERIOD AND VOCATIONAL REHABILITATION PILOT PROJECT

SEC. IIL (aKl) Subchapter VI of chapter 11 is amended by adding at the end the following new section: 38 USC 363.

38 USC 1500 et «^9

"§ 363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings "(aKl) The disability rating of a qualifled veteran who begins to engage in a substantially gainful occupation during the program period may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months. "(2) For purposes of this section: "(A) The term 'qualified veteran' means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. "(B) The term 'program period' means the period beginning on February 1, 1985, and ending on January 31, 1989. "(b) During the program period, the Administrator shall make counseling services described in section 1504(a)(2) of this title and placement and postplacement services described in section 1504(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title). "(c)(l)(A) Except as provided in paragraph (4) of this subsection, in the case of each award during the program period of a rating of total disability described in subsection (aK2)(A) of this section to a veteran, the Administrator shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing— "(i) notice of the provisions of this section; "(ii) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title; and "(iii) a summary description of the scope of services and assistance available under that chapter. "(B) After providing the notice required under subparagraph (A)

of this paragraph to a veteran, the Administrator shall arrange as promptly as is practical for the veteran to be provided an evaluation in order to make a determination as to whether the achievement of a vocational goal by the veteran is reasonably feasible. Such evaluation shall include a personal interview of the veteran by a Veterans' Administration employee who is trained in vocational counseling. The Administrator shall provide the veteran with reasonable notice of the schedule for the evaluation. "(2) If the veteran fails, for reasons other than those beyond the veteran's control, to participate in an evaluation under paragraph (1KB) of this subsection in the manner required by the Administrator in order to make the determination described in that paragraph, the Administrator shall reduce the veteran's disability rating to the

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 PUBLIC LAW 98-543—OCT. 24, 1984

98 STAT. 2739

rating that would be applicable to the veteran but for the determination of the veteran's inability to secure or follow a substantially gainful occupation. Any such reduction shall remain in effect for the duration of such failure. "(3)(A) If, after completion of an evaluation under paragraph (1)(B) of this subsection, the Administrator determines that achievement of a vocational goal by the veteran is reasonably feasible, the Administrator shall formulate an individualized written plan of vocational rehabilitation for the veteran under chapter 31 of this title.

38 USC 1500 et

"(B) If the Administrator determines that the veteran has failed seq. to pursue (or to continue to pursue) the vocational rehabilitation program described in such plan, the Administrator shall provide the veteran with notice that, if the veteran fails, for reasons other than those beyond the veteran's control, to initiate or resume pursuit of such program within 60 days after the Administrator provided such notice (or such longer period as the Administrator determines is the shortest period within which it is reasonably feasible for the veteran to initiate or resume pursuit), the Administrator will provide for the results of the evaluation to be considered in the next scheduled review of the veteran's eligibility for a rating of total disability based on inability to secure or follow a substantially gainful occupation. Unless the veteran initiates or resumes such pursuit within such 60 days (or such longer period, if applicable), the Administrator shall provide for such results to be so considered. "(4) This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings.".

(b)(1) Not later than April 1, 1985, the Administrator of Veterans' 38 USC 363 note. Affairs shall provide to each veteran described in paragraph (2) a statement providing— (A) information explaining the provisions of section 363(b) of title 38, United States Code (as added by subsection (a)(1)); (B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of such title; and (C) a summary description of the scope of services and assistance available under that chapter. (2)(A) A veteran to whom a statement is to be provided under paragraph (1) is a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who, as of January 31, 1985, has been awarded a rating of total disability by reason of a determination of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. (B) Notice under paragraph (1) need not be provided to a veteran who has a rating of total disability described in subparagraph (A) which is protected by the first sentence of section 110 of title 38, United States Code. (c) Not later than April 15, 1988, the Administrator of Veterans' Report. Affairs shall submit to the Committees on Veterans' Affairs of the 38 USC 363 note. Senate and House of Representatives a report on the results of the

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 98 STAT. 2740

PUBLIC LAW 98-543—OCT. 24, 1984

implementation of section 363 of title 38, United States Code (as added by subsection (a)(D), during the three-year period beginning on February 1, 1985. The report shall include— (1) information regarding— (A) the number of veterans with a disability rating of total based on inability to secure or follow a substantially gainful occupation who during such period followed a substantially gainful occupation for a period of twelve consecutive months and the work experience of those veterans and their disability ratings after completing such twelve-month period and (if known) the number of veterans with such a rating who during the period covered by the report followed a substantially gainful occupation but did not maintain employment in it for a period of twelve consecutive months, (B) the number of veterans who during the period covered by the report were provided with evaluations under subsection (b) of such section, (C) the number of veterans provided such evaluations for whom a plan of vocational rehabilitation was formulated pursuant to such subsection, (D) the number of veterans for whom such a plan was formulated who elected, and who did not elect, to pursue a vocational rehabilitation program, (E) the extent to which those veterans who elected to pursue such a program completed the program, and (F) the subsequent work experience and disability ratings of the veterans who were provided such evaluations; (2) a tabulation of the reasons given by such veterans for not electing to pursue such a program by those who did not elect to pursue such a program; and (3) the Administrator's assessment of the value (including the cost-effectiveness) and effect of such implementation and any recommendations of the Administrator for administrative and legislative action based on such results and assessment. TECHNICAL AMENDMENT

38 USC 335.

SEC. 112. (a) Section 335 is amended by striking out "50 per centum" and inserting in lieu thereof "30 percent". Effective date. (b) The amendment made by subsection (a) shall take effect as of 38 USC 835 note. October 1, 1978. TITLE II—VETERANS' REHABILITATION, EDUCATION, AND EMPLOYMENT PROGRAMS PART A—RATE INCREASES RATES OF R E H A B I U T A T I O N SUBSISTENCE ALLOWANCES FOR VETERANS WITH SERVICE-CONNECTED DISABIUTIES

38 USC 1508.

SEC. 201. The table contained in section 1508(b) is amended to read as follows:

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 98 STAT. 2741

PUBLIC LAW 98-543—OCT. 24, 1984 "C!olumn I

Column II

Column III Column IV

Type of program

No dependents

One dependent

Two dependents

Column V More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time Three-quarter time. Half-time Farm cooperative, apprentice, or other on-job training: Full-time Extended evaluation: Full-time Independent living training: Full-time Three-quarter time. Half-time

$310 233

$384 288

$452 339

$33 25

155

193

227

17

271

327

377

24

310

384

452

33

310 233

384 288

452 339

33 25

155

193

227

17".

-/_,.

RATES OF GI BILL EDUCATIONAL ASSISTANCE FOR VIETNAM-ERA VETERANS

SEC. 202. Chapter 34 is amended as follows: (1) The table contained in paragraph (1) of section 1682(a) is 38 USC 1682. amended to read as follows: "Column I

Column II

Column III Column IV

Type of program

No dependents

One dependent

Two dependents

Column V More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time Three-quarter time. Half-time Cooperative

$376 283

$448 336

$510 383

188 304

224 355

255 404

$32 24 17 23".

(2) Section 1682(b) is amended by striking out "$342" and inserting in lieu thereof "$376". (3) The table contained in section 1682(c) is amended to read as follows:

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98 STAT. 2742 "Column I

Column II

Column III Column IV

Basis

No dependents

One dependent

Full-time Three-quarter time Half-time 38 USC 1692.

$304 228 152

$355 266 178

Two dependents

Column V More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: $23 $404 303 18 202 12".

(4) Section 1692(b) is amended by striking out "$76" and "$911" and inserting in lieu thereof "$84" and "$1,008", respectively. RATES OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS

38 USC 1732. 38 USC 1742.

SEC. 203. Chapter 35 is amended— (1) by striking out "$276" in section 1732(b) and inserting in lieu thereof "$304"; and (2) by striking out "$342", "$108", "$108", and "$11.44" in section 1742(a) and inserting in lieu thereof "$376", "$119", "$119", and "$12.58", respectively. RATES OF TRAINING ALLOWANCES FOR APPRENTICESHIP OR OTHER ONJOB TRAINING

38 USC 1786. 38 USC 1787.

SEC. 204. Chapter 36 is amended as follows: (1) Section 1786(a)(2) is amended by striking out "$342" and inserting in lieu thereof "$376". (2) The table contained in section 1787(b)(1) is amended to read as follows: "Column I

Column II

Column III Column IV

Periods of training

No dependents

One dependent

First 6 months Second 6 months Third 6 months Fourth and any succeeding 6-month periods. 38 USC 1798.

$274 205 136 68

$307 239 171 101

Two dependents

$336 267 198 131

Column V More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: $14 14 14 14".

(3) Section 17980bX3) is amended by striking out "$342" and inserting in lieu thereof "$376".

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 PUBLIC LAW 98-543—OCT. 24, 1984

98 STAT. 2743

EFFECTIVE DATE

SEC. 205. The amendments made by this part shall take effect as 38 USC 1508 ofOctober 1, 1984. note. PART B—VETERANS' EMPLOYMENT PROGRAMS EXTENSION AND REVISION OF VETERANS READJUSTMENT APPOINTMENT PROGRAM

SEC. 211. (a) Subsection (a) of section 2014 is amended— 38 USC 2014. (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following new paragraph: "(2) For the purposes of this section, the term 'agency' means a department, agency, or instrumentality in the executive branch.". (b) Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking out "GS-7" in clause (A) and inserting in lieu thereof "GS-9"; (B) by striking out "and" at the end of clause (B); (C) by striking out the period at the end of clause (C) and inserting in lieu thereof a semicolon and "and"; and (D) by adding at the end the following new clause: "(D) a veteran given an appointment under the authority of this subsection whose employment under the appointment is terminated within one year after the date of such appointment shall have the same right to appeal that termination to the Merit Systems Protection Board as a career or career-conditional employee has during the first year of employment."; and (2) in paragraph (2), by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1986". (c) Subsection (c) of such section is amended— (1) by striking out "department, agency, and instrumentality in the executive branch" and inserting in lieu thereof "agency'; and (2) by striking out "such department, agency, or instrumentality" and inserting in lieu thereof "such agency". (d) Subsections (d) and (e) of such section are amended to read as follows: "(d) The Office of Personnel Management shall be responsible for the review and evaluation of the implementation of this section and the activities of each agency to carry out the purpose and provisions of this section. The Office shall periodically obtain (on at least an annual basis) information on the implementation of this section by each agency and on the activities of each agency to carry out the purpose and provisions of this section. The information obtained shall include specification of the use and extent of appointments made by each agency under subsection (b) of this section and the results of the plans required under subsection (c) of this section. "(e)(1) The Office of Personnel Management shall submit to the Report. Congress annually a report on activities carried out under this section. Each such report shall include the following information with respect to each agency: "(A) The number of appointments made under subsection (b) of this section since the last such report and the grade levels in which such appointments were made.

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 98 STAT. 2744

PUBLIC LAW 98-543—OCT. 24, 1984

"(B) The number of individuals receiving appointments under such subsection whose appointments were converted to career or career-conditional appointments, or whose employment under such an appointment has terminated, since the last such report, together with a complete listing of categories of causes of appointment terminations and the number of such individuals whose employment has terminated falling into each such category. "(C) The number of such terminations since the last such report that were initiated by the agency involved and the number of such terminations since the last such report that were initiated by the individual involved. "(D) A description of the education and training programs in which individuals appointed under such subsection are participating at the time of such report. "(2) Information shown for an agency under clauses (A) through (D) of paragraph (1) of this subsection— "(A) shall be shown for all veterans; and "(B) shall be shown separately (i) for veterans of the Vietnam era who are entitled to disability compensation under the laws administered by the Veterans' Administration or whose discharge or release from active duty was for a disability incurred or aggravated in line of duty, and (ii) for other veterans.". EXTENSION OF EMERGENCY VETERANS* JOB TRAINING ACT PROGRAM

29 USC 1721 note. 29 USC 1721 note. 29 USC 1721 note.

SEC. 212. (a) Section 5(b)(3)(A) of the Emergency Veterans' Job Training Act of 1983 (Public Law 98-77; 97 Stat. 445) is amended by striking out "60 days" and inserting in lieu thereof "90 days'. (b) Section 16 of such Act is amended by striking out "September 30, 1986" and inserting in lieu thereof "September 30, 1987". (c) The text of section 17 of such Act is amended to read as follows: "SEC. 17. Assistance may not be paid to an employer under this Act— "(1) on behalf of a veteran who initially applies for a program of job training under this Act after February 28, 1985; or "(2) for any such program which begins after September 1, 1985.". TITLE III—OTHER BENEFIT RATE INCREASES AND PROGRAM IMPROVEMENTS VOCATIONAL TRAINING AND HEALTH-CARE ELIGIBILITY PROTECTION FOR PENSION RECIPIENTS

SEC. 301. (a)(1) Subchapter II of chapter 15 is amended by adding at the end the following new sections: 38 USC 524.

"§ 524. Temporary program of vocational training for certain new pension recipients "(a)(1) Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 50 who is awarded pension during the program period, the Administrator shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such determination shall be made only after evaluation of the veteran's potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a

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 PUBLIC LAW 98-543—OCT. 24, 1984

98 STAT. 2745

Veterans' Administration employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veteran's control, to participate in the evaluation in the manner required by the Administrator in order to make such determination, the Administrator shall suspend the veteran's pension for the duration of such failure. "(2) Subject to paragraph (3) of this subsection, if a veteran who is 50 years of age or older and who is awarded pension during the program period applies for vocational training under this section and the Administrator makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (d) of this section, the veteran has a good potential for achieving employment, the Administrator shall provide the veteran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Veterans' Administration employee trained in vocational counseling. "(3) Not more than 2,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year. "(4) For the purposes of this section, the term 'program period' means the period beginning on February 1, 1985, and ending on January 31, 1989. "(b)(1) If the Administrator, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran's individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in section 1507 of this title. "(2)(A) Subject to subparagraph (B) of this parcigraph, a vocational training program under this subsection shall consist of vocationally oriented services and assistance of the kind provided under chapter 31 of this title and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment. "(B) A vocational training program under this subsection— "(i) may not exceed 24 months unless, based on a determination by the Administrator that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Administrator grants an extension for a period not to exceed 24 months; "(ii) may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment of the kind provided under chapter 39 of this title; and "(iii) may include a program of education at an institution of higher learning (as defined in sections 1652(b) and 1652(f), respectively, of this title) only in a case in which the Administrator determines that the program involved is predominantly vocational in content. "(3) When a veteran completes a vocational training program under this subsection, the Administrator may provide the veteran with counseling of the kind described in section 1504(a)(2) of this

38 USC 1500 et seq.

38 USC 1901 et seq.

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 98 STAT. 2746

PUBLIC LAW 98-543—OCT. 24, 1984

title, placement and postplacement services of the kind described in section 1504(a)(5) of this title, and training of the kind described in section 1504(a)(6) of this title during a period not to exceed 18 months beginning on the date of such completion. "(4) A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) January 31, 1989, or (B) the end of a reasonable period of time, as determined by the Administrator, following either the evaluation of the veteran under subsection (a)(1) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Administrator of such a reasonable period of time shall be made pursuant to regulations which the Administrator shall prescribe. "(c) Notwithstanding subsection (c) of section 525 of this title, a veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of subsection (a) of section 525 of this title beginning at such time as the veteran's entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b) of that section). "(d) Payments by the Administrator for education, training, and other services and assistance under subsection (b) of this section (other than the services of Veterans' Administration employees) shall be made from the Veterans' Administration appropriations account from which payments for pension are made.

Infra.

38 USC 525.

,

"§ 525. Temporary protection of health-care eligibility "(a) In the case of a veteran whose entitlement to pension under section 521 of this title is terminated during the program period by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veteran's entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under section 612(h) of this title and special priority with respect to such care and services under section 612(i)(5) of this title. "(b) For the purposes of this section: "(1) The term 'terminated by reason of income from work or training' means terminated as a result of the veteran's receipt of earnings from activity performed for remuneration or gain, but only if the veteran's annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran's pension. "(2) The term 'program period' means the period beginning on February 1, 1985, and ending on January 31, 1989.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 523 the following new items: "524. Temporary vocational training for certain new pension recipients. "525. Temporary protection of health-care eligibility.'.

Report. (b) Not later than April 15, 1988, the Administrator of Veterans' 38 USC 524 note. Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the implementation of sections 524 and 525 of title 38, United States Code (as added by subsection (a)(1)), during the period beginning on

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 PUBLIC LAW 98-543—OCT. 24, 1984 February 1, 1985, and ending on January 31, 1988. The report shall include— (1) information regarding— (A) the number of veterans who during the period covered by the report were provided with evaluations under paragraphs (1) and (2) of subsection (a) of such section 524, (B) the number of such veterans for whom a vocational goal was determined to be feasible, (C) the number of such veterans who elected, and who did not elect, to pursue a vocational training program under subsection (b) of that section, (D) the extent to which those veterans who elected to pursue such a program completed the program, (E) the subsequent work and pension-eligibility experience of the veterans who were provided with such evaluations, shown according to their participation in and completion of vocational training programs, and (F) the number of veterans who received the benefit of such section 525; (2) a tabulation of the reasons given by such veterans for not electing to pursue such a program by those for whom a vocational goal was determined to be reasonably feasible but who did not elect to pursue such program; and (3) the Administrator's assessment of the value (including the cost-effectiveness) and effect of such implementation and any recommendations of the Administrator for administrative and legislative action based on such results and assessment.

98 STAT. 2747

Ante, p. 2746.

REPORT ON MEDICAL EXAMINATIONS OF CERTAIN PENSION RECIPIENTS

SEC. 302. (a) Not later than twenty-eight months after the date of 38 USC 521 note. the enactment of this Act, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a statistical tabulation of the results of the medical examinations conducted under subsection (b)(l)(A) and the determinations made under subsection (b)(l)(B). (b)(1) The Administrator— (A) shall provide for the selection of a sampling of the class of pension recipients described in paragraph (3) to undergo, and each recipient in such sampling shall undergo, a medical examination of the kind provided a veteran under 65 years of age who is applying for pension under section 521 of title 38, United States Code; and (B) shall determine what, if any, percentage rating would be applicable to the recipient under the schedule of ratings adopted pursuant to section 355 of such title. (2) The sampling of pension recipients selected under paragraph (I)(A) shall be selected in a manner that is statistically valid for the purpose of estimating the disability ratings of all recipients in the class described in paragraph (3). (3) The class of pension recipients referred to in paragraphs (1) and (2) are those individuals who, during the two-year period beginning on the date of the enactment of this Act, are awarded pension under section 521 of title 38, United States Code, by reason of being considered, under section 502(a) of such title, to be permanently and

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 98 STAT. 2748

PUBLIC LAW 98-543—OCT. 24, 1984

totally disabled by reason of being 65 years of age or older or becoming unemployable after age 65. PARTICIPATION IN THERAPEUTIC OR REHABILITATIVE ACTIVITIES 38 USC 618.

SEC. 303. Section 618 is amended by adding at the end the following new subsection: "(f) Neither a veteran's participation in an activity carried out under this section nor a veteran's receipt of remuneration as a result of such participation may be considered as a basis for the denial or discontinuance of a rating of total disability for purposes of compensation or pension based on the veteran's inability to secure or follow a substantially gainful occupation as a result of disability.". SPECIALLY ADAPTED HOUSING ASSISTANCE

38 USC 802.

Effective date. 38 USC 802 note.

SEC. 304. (a) Section 802 is amended— (1) in subsection (a), by striking out "$32,500" and inserting in lieu thereof "$35,500"; and (2) in subsection (b), by striking out "$5,000" and inserting in lieu thereof "$6,000". (b) The amendments made by subsection (a) shall take effect on January 1, 1985. AUTOMOBILE AND ADAPTIVE EQUIPMENT ASSISTANCE

38 USC 1902. 38 USC 1903.

Effective date. 38 USC 1903 note. 38 USC 1901 et seq.

SEC 305. (a) Section 1902(a) is amended by striking out "$4,400" and inserting in lieu thereof "$5,000". (b) Subsection (c) of section 1903 is amended to read as follows: "(c)(l) An eligible person shall not be entitled to adaptive equipment under this chapter for more than two automobiles or other conveyances at any one time or (except as provided in paragraph (2) of this subsection) during any four-year period. "(2) In a case in which the four-year limitation in paragraph (1) of this subsection precludes an eligible person from being entitled to adaptive equipment under this chapter, if the Administrator determines that, due to circumstances beyond the control of such person, one of the automobiles or other conveyances for which adaptive equipment was provided to such person during the applicable fouryear period is no longer available for the use of such person, the Administrator may provide adaptive equipment to such person for an additional automobile or other conveyance during such period. Provision of adaptive equipment under this paragraph is within the discretion of the Administrator. Any action to provide adaptive equipment under this paragraph shall be made pursuant to regulations which the Administrator shall prescribe.". (c)(1) The amendments made by this section shall take effect on January 1, 1985. (2) In the case of a person who during the four-year period ending on December 31, 1984, was provided adaptive equipment under chapter 39 of title 38, United States Code, for an automobile or other conveyance and who has such automobile or other conveyance available for use on the date of the enactment of this Act, the first four-year period applicable to such person under subsection (c) of section 1903 of such title (as amended by subsection (a)) shall begin on the most recent date before January 1, 1985, on which such person was provided such equipment.

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 PUBLIC LAW 98-543—OCT. 24, 1984

98 STAT. 2749

TITLE IV-MISCELLANEOUS PROVISIONS REPEAL OF ANNUAL REPORTING REQUIREMENT

SEC 401. Section 1796 is amended by striking out subsection (d).

38 USC 1796.

SUSPENSION OF COMPENSATION AND PENSION PAYMENTS TO CERTAIN INSTITUTIONALIZED VETERANS; WAIVER

SEC. 402. (a) Section 3203(b)(1) is amended— (1) by designating the first and second sentences as subparagraphs (A) and (B), respectively; (2) in subparagraph (A), as so designated— (A) by striking out the comma after "treatment" in the first sentence and inserting in lieu thereof "or"; (B) by striking out "by reason of mental illness"; and (C) by inserting "(excluding the value of the veteran's home unless there is no reasonable likelihood that the veteran will again reside in such home)," after "the veteran's estate"; and (3) by adding at the end the following new subparagraph: "(C) The Administrator may waive the discontinuance under this paragraph of payments to a veteran with respect to not more than 60 days of care of the veteran during any calendar year if the Administrator determines that the waiver is necessary in order to avoid a hardship for the veteran. Any such waiver shall be made pursuant to regulations which the Administrator shall prescribe.", (b) The Administrator shall prescribe regulations under subparagraph (C) of section 3203(b)(1) of title 38, United States Code (as added by subsection (a)), not later than 60 days after the date of the enactment of this Act. Approved October 24, 1984.

LEGISLATIVE HISTORY—H.R. 5688 (S. 2736): HOUSE REPORT No. 98-828 (Comm. on Veterans' Affairs). SENATE REPORT No. 98-604 accompanying S. 2736 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 18, considered and passed House. Oct. 2, S. 2736 considered and passed Senate; H.R. 5688, amended, passed in lieu. Oct. 5, House concurred in Senate amendments with an amendment. Oct. 9, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 43 (1984): Oct. 24, Presidential statement.

97 Stat. 1010. 38 USC 3203.

Waiver.

Regulations. 38 USC 3203 note.

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 98 STAT. 2750

PUBLIC LAW 98-544—OCT. 24, 1984

Public Law 98-544 98th Congress Oct. 24, 1984 [H.R. 6027] Local Government Antitrust Act of 1984. 15 USC 1 note. 15 USC 34.

15 USC 35.

15 USC 36.

An Act

To clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Local Government Antitrust Act of 1984". SEC. 2. For purposes of this Act— (1) the term "local government" means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term "person" has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(A)), but does not include any local government as defined in paragraph (1) of this section, and (3) the term "State" has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). SEC. 3. (a) No damages, interest on damages, costs, or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity. (b) Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply. SEC. 4. (a) No damages, interest on damages, costs or attorney's fees may be recovered under section 4, 4A, or 4C of the Cla3rton Act (15 U.S.C. 15,15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. (b) Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act.

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 PUBLIC LAW 98-544—OCT. 24, 1984

98 STAT. 2751

SEC. 5. Section 510 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985 (Public Law 98-411), is repealed. SEC. 6. This Act shall take effect thirty days before the date of the enactment of this Act. Approved October 24, 1984.

LEGISLATIVE HISTORY—H.R. 6027 (S. 1578): HOUSE REPORTS: No. 98-965 (Comm. on the Judiciary). No. 98-1158 (Comm. of Conference). SENATE REPORT No. 98-593 accompanying S. 1578 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 8, considered and passed House. Oct. 4, considered and passed Senate, amended. Oct. 11, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40, No. 43 (1984): Oct. 24, Presidential statement.

Repeal. Ante, p. 1574. Effective date, 15 USC 34 note.

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 98 STAT. 2752

PUBLIC LAW 98-545—OCT. 25, 1984

Public Law 98-545 98th Congress An Act Oct. 25, 1984 [S. 2583]

To authorize United States participation in the Office International de la Vigne et du Vi" (*h® International Office of the Vine and Wine).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to maintain membership of the United States in the Office International de la Vigne et du Vin (the International Office of the Vine and Wine). Approved October 25, 1984.

LEGISLATIVE HISTORY—S. 2583: SENATE REPORT No. 98-602 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 26, considered and passed Senate. Oct. 10, considered and passed House.

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 PUBLIC LAW 98-546—OCT. 25, 1984

98 STAT. 2753

Public Law 98-546 98th Congress An Act To designate the lock and dam on the Warrior River in Hale County, Alabama, as the "Armistead I. Selden Lock and Dam".

Oct. 25, 1984 [S. 2947]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the lock and Dams. dam on the Warrior River in Hale County, Alabama, commonly ^ ^' ^ ^^^ ^ f" known as the Warrior Lock and Dam, shall hereafter be known and ^^ °^^' designated as the "Armistead I. Selden Lock and Dam". Any reference in a law, map, regulation, document, or paper of the United States to such lock and dam shall be held to be a reference to the "Armistead L Selden Lock and Dam". Approved October 25, 1984.

LEGISLATIVE HISTORY—S. 2947 (H.R. 5489): SENATE REPORT No. 98-649 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 4, considered and passed Senate. Oct. 10, H.R. 5489 considered and passed House; S. 2947 passed in lieu.

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 98 STAT. 2754

PUBLIC LAW 98-547—OCT. 25, 1984

Public Law 98-547 98th Congress An Act Oct. 25, 1984 [H.R. 6257]

Motor Vehicle Theft Law Enforcement Act of 1984. 15 USC 1901 note.

To amend the Motor Vehicle and Information Cost Savings Act to impede those motor vehicle thefts which occur for purposes of dismantling the vehicles and reselling the major parts by requiring passenger motor vehicles and major replacement parts to have identifying numbers or symbols, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; TABLE O F CONTENTS SECTION 1. (a) This Act may be cited as the "Motor Vehicle Theft Law Enforcement Act of 1984". (b) The table of contents for this Act follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. TITLE I—IMPROVED IDENTIFICATION FOR PASSENGER MOTOR VEHICLES AND PARTS Sec. 101. Motor vehicle theft prevention standard. Sec. 102. Report regarding theft prevention systems. TITLE II-ANTIFENCING MEASURES Sec. Sec. Sec. Sec.

201. 202. 203. 204.

Motor vehicle identification numbers; forfeitures. Definition of securities. Sale or receipt of stolen motor vehicles. Trafficking in certain motor vehicles, motor vehicle parts, or motor vehicle components. Sec. 205. Definition of racketeering activity. TITLE III—IMPORTATION AND EXPORTATION MEASURES Sec. 301. Amendment to title 18, United States Code. Sec. 302. Amendment to Tariff Act of 1930. PURPOSE 15 USC 2021 note.

SEC. 2. It is the purpose of this Act— (1) to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft; (2) to augment the Federal criminal penalties imposed upon persons trafficking in stolen motor vehicles; (3) to encourage decreases in premiums charged consumers for motor vehicle theft insurance; and (4) to reduce opportunities for exporting or importing stolen motor vehicles and off-highway mobile equipment.

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 PUBLIC LAW 98-547—OCT. 25, 1984

98 STAT. 2755

TITLE I—IMPROVED IDENTIFICATION FOR PASSENGER MOTOR VEHICLES AND PARTS MOTOR VEHICLE THEFT PREVENTION STANDARD

SEC. 101. (a) The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 and following) is amended by adding at the end the following new title: "TITLE VI—THEFT PREVENTION "DEFINITIONS

"SEC. 601. For purposes of this title: "(1) The term 'passenger motor vehicle' does not include any multipurpose passenger vehicle (including any vehicle commonly known as a 'passenger van'). "(2) The term 'line' means a name which a manufacturer applies to a group of motor vehicle models of the same make which have the same body or chassis, or otherwise are similar in construction or design. "(3) The term 'existing line' means any line introduced into commerce before the beginning of the 2-year period specified in section 603(a)(1)(A). "(4) The term 'new line' means any line introduced into commerce on or after the beginning of the 2-year period specified in section 603(a)(1)(A). "(5) The term 'first purchaser' means first purchaser for purposes other than resale. "(6) The term 'covered major part' means any major part selected in accordance with sections 602(d)(1)(B) and 603 for coverage by the vehicle theft prevention standard issued under section 602. "(7) The term 'major part' means— "(A) the engine; "(B) the transmission; "(C) each door allowing entrance or egress to the passenger compartment; "(D) the hood; "(E) the grille; "(F) each bumper; "(G) each front fender; "(H) the deck lid, tailgate, or hatchback (whichever is present); "(I) rear quarter panels; "(J) the trunk floor pan; "(K) the frame or, in the case of a unitized body, the supporting structure which serves as the frame; and "(L) any other part of a passenger motor vehicle which the Secretary, by rule, determines is comparable in design or function to any of the parts listed in subparagraphs (A) through (K). "(8) The term 'major replacement part' means any major part— "(A) which is not installed in or on a motor vehicle at the time of its delivery to the first purchaser, and

15 USC 2021.

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 98 STAT. 2756

PUBLIC LAW 98-547—OCT. 25, 1984 "(B) the equitable or legal title to which has not been transferred to any first purchaser. "(9) The term 'model year' has the meaning given such term under section 501(12) of this Act. "(10) The term 'vehicle theft prevention standard' means a minimum performance standard for the identification of— "(A) major parts of new motor vehicles, and "(B) major replacement parts, by inscribing or affixing numbers or symbols to such parts. "THEFT PREVENTION STANDARD

Regulations. 15 USC 2022.

"SEC. 602. (a) The Secretary shall by rule promulgate, in accordance with this section, a vehicle theft prevention standard which conforms to the requirements of this title and which applies with respect to— "(1) the covered major parts which are installed by manufacturers into passenger motor vehicles in lines designated under section 603 as high theft lines; and "(2) the major replacement parts for the major parts described in paragraph (1). "(b) The standard under this section shall be practicable, and shall provide relevant objective criteria. "(c)(1) Not later than 3 months after the date of the enactment of this title, the Secretary shall prescribe and publish a proposed vehicle theft prevention standard. "(2) As soon as practicable after the 30th day following the publication of the proposed standard under paragraph (1), but not later than 6 months after such date of enactment, the Secretary shall promulgate a final rule establishing such a standard. "(3) The Secretary may, for good cause, extend the 3-month and 6-month periods under paragraphs (1) and (2) if the Secretary publishes the reasons therefor. Either such period may not, in the aggregate, be extended by more than 5 months. "(4) Such standard shall take effect not earlier than 6 months after the date such final rule is prescribed, except that the Secretary may prescribe an earlier effective date if the Secretary— "(A) finds, for good cause shown, that the earlier date is in the public interest, and "(B) publishes the reasons for such finding, "(5) The standard may apply only with respect to— "(A) major parts which are installed by the motor vehicle manufacturer in any passenger motor vehicle which has a model year designation later than the calendar year in which such standard takes effect, and "(B) major replacement parts manufactured after such standard takes effect. "(d)(1) In the case of major parts installed by the motor vehicle manufacturer, the standard under this section may not require— "(A) any part to have more than a single identification, and "(B) any motor vehicle to have identification of more than 14 of its major parts. "(2) In the case of major replacement parts, the standard under this section may not require— "(A) identification of any part which is not designed as a replacement for a major part required to be identified under such standard, and

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Page:United States Statutes at Large Volume 98 Part 3.djvu/385

 PUBLIC LAW 98-547—OCT. 25, 1984

98 STAT. 2757

"(B) the inscribing or affixing of any identification other than a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part. "(e) Nothing in this title shall be construed to grant authority to require any person to keep records or make reports, except as expressly provided in sections 603(c), 605(b), 606(a), and 612. "DESIGNATION OF HIGH THEFT VEHICLE UNES AND PARTS

"SEC. 603. (a)(1) For purposes of the standard under section 602, the following motor vehicle lines are high theft lines: "(A) passenger motor vehicles of any line which is determined under subsection (b) to have had a new passenger motor vehicle theft rate in the 2 calendar years immediately preceding the year in which the final standard is promulgated which exceeds the median theft rate for all new passenger motor vehicle thefts in such 2-year period; "(B) passenger motor vehicles of any line initially introduced into commerce in the United States at any time after the beginning of the 2-year period specified in subparagraph (A) which is determined under paragraph (2) to be likely to have a theft rate exceeding such median theft rate; and "(C) passenger motor vehicles of any line which is below the median theft rate (in the case of existing lines) or which is likely to be below the median theft rate (in the case of new lines) if the major parts contained in such vehicles are determined under paragraph (2) to be interchangeable with the majority of the major parts which are subject to the standard and which are contained in the motor vehicles of a line subject to the standard pursuant to subparagraph (A) or (B); except that such standard shall not apply to such major parts of any line specified by this paragraph if all the passenger motor vehicles of lines— "(i) which are or are likely to be below the median theft rate, and "(ii) which contain parts which are interchangeable with the major parts of the line involved, account (in the case of existing lines) or the Secretary determines are likely to account (in the case of new lines) for more than 90 percent of the total annual production of all lines of that manufacturer which contain those interchangeable parts. "(2) The specific lines, and the major parts of the vehicles within such lines, which are to be subject to the standard may be selected by agreement between that manufacturer and the Secretary. If the manufacturer and the Secretary disagree as to such selection, the Secretary shall select such lines and parts, after notice to the manufacturer and opportunity for written comment, and subject to the confidentiality requirements of this title. "(3) Notwithstanding paragraph (1), of those passenger motor vehicle lines initially introduced by a manufacturer into commerce in the United States before the effective date of the standard, no more than 14 of the lines of any manufacturer shall be selected as high theft lines under paragraph (1)(A) and (B). Any such selection shall be made under paragraph (2) within one year after the date of the enactment of the Motor Vehicle Theft Law Enforcement Act of

15 USC 2023.

1984.

Ante, p. 2754.

"(4) The Secretary shall prescribe reasonable procedures designed to assure that, to the maximum extent practicable, any selection

31-194 0 - 86 - 13: QL.3 Part3

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 98 STAT. 2758

15 USC 2001.

Public availability.

PUBLIC LAW 98-547—OCT. 25, 1984

under paragraph (2) or (3) is made at least 6 months before the first applicable model year beginning after such selection. "(5) A manufacturer shall not be required to begin to comply with the standard pursuant to any selection made under paragraph (2) or (3) for a model year beginning earlier than 6 months after the date of selection. "(b)(1) For purposes of subsection (a), the theft rate for passenger motor vehicles of a line shall be determined by a fraction, the numerator of which is the number of new passenger motor vehicle thefts for that line during the 2 calendar years specified in subsection (a)(l)(A), and the denominator of which is the sum of the respective production volumes of all passenger motor vehicles of that line (as reported to the Environmental Protection Agency under title V of this Act) which are of the 2 model years having the same model-year designations as the 2 calendar years specified in subsection (a)(l)(A) and which are distributed for sale in commerce within the United States. "(2) For purposes of subsection (a), the median theft rate for all new passenger motor vehicle thefts during such 2-year period is that theft rate midway between the highest and the lowest theft rates determined under paragraph (1). If there is an even number of theft rates determined under paragraph (1), the median theft rate is the arithmetic average of the two adjoining theft rates midway between the highest and the lowest of such theft rates. "(3) Immediately upon enactment of this title, and periodically thereafter, the Secretary, in consultation with the Director of the Federal Bureau of Investigation, shall obtain from the most reliable source or sources accurate and timely theft and recovery data and publish such data for review and comment. To the greatest extent possible, the Secretary shall utilize theft data reported by Federal, State, or local police. After such publication and opportunity for comment, the Secretary shall utilize the theft data to determine the median theft rate under this subsection. The Secretary and such Director shall take such actions as may be necessary to improve the accuracy, reliability, and timeliness of such data, including ensuring that vehicles represented as stolen are in fact stolen. "(4) In calculating the median theft rate, the Secretary shall take into account the theft rate of lines which are exempted by reason of the 14-line limitation in subsection (a)(3). "(5) As used in this section, the term 'new passenger motor vehicle thefts', when used with respect to any calendar year, refers to those thefts in the United States in such year which are of passenger motor vehicles with the same model-year designation as that calendar year. "(c) The Secretary shall, by rule, require each manufacturer to provide information necessary to select pursuant to subsection (a)(2) the high theft lines and the major parts to be subject to the standard. "(d) Except as provided in section 605, the Secretary may not render the standard inapplicable to any line which at any time has been subject to the standard. "COST LIMITATION

15 USC 2024.

"SEC. 604. (a) The standard under section 602 may not— "(1) impose costs upon any manufacturer of motor vehicles to comply with such standard in excess of $15 per motor vehicle, or

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 PUBLIC LAW 98-547—OCT. 25, 1984

98 STAT. 2759

"(2) impose costs upon any manufacturer of major replacement parts to comply with such standard in excess of such reasonable lesser amount per major replacement part as the Secretary specifies in such standard. "(b) In the case of any manufacturer engaged in identifying engines or transmissions on the effective date of this title in a manner which substantially complies with the requirements of the theft prevention standard promulgated under section 602— "(1) the costs of identifying engines and transmissions shall not be taken into account in calculating such manufacturer's costs under subsection (a); and "(2) the manufacturer shall not be required, pursuant to the standard or any subsequent modification, to conform to any identification system for engines and transmissions which imposes greater costs on the manufacturer than are incurred under the identification system used by the manufacturer on such effective date. "(c)(1) At the beginning of each calendar year commencing on or after January 1, 1985, as there becomes available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Secretary and publish in the Federal Register the percentage difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Effective for model years beginning in such calendar year, the amounts specified under subsections (a)(1) and (2) shall be adjusted by such percentage difference. "(2) For purposes of paragraph (1)— "(A) The term 'base period' means calendar year 1984. "(B) The term 'price index' means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics.

Federal Register, P"t>iication.

"EXEMPTION FOR VEHICLES EQUIPPED WITH ANTITHEFT DEVICES

"SEC. 605. (a)(1) Any manufacturer may petition the Secretary for an exemption from the application of any of the requirements of the vehicle theft prevention standard under section 602 for any line or lines of passenger motor vehicles which are equipped as standard equipment with an antitheft device which the Secretary determines is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the requirements of such standard. "(2) For the initial model year to which such standard applies, the Secretary may not grant an exemption for more than 2 lines of any manufacturer. For each subsequent model year, the Secretary may grant exemption for not more than 2 additional lines of any manufacturer, and such exemption shall not affect the validity of the exemption of any line previously exempted under this paragraph. "(3) For purposes of paragraph (1), the term 'standard equipment' means equipment which is installed in a vehicle at the time it is delivered from the manufacturer and which is not an accessory or other item which the first purchaser customarily has the option to have installed. "(b) Any such petition shall be filed with the Secretary not later than 8 months before the commencement of production for the first model year covered by the petition. Such petition shall include— "(Da detailed description of such device.

15 USC 2025.

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 98 STAT. 2760

PUBLIC LAW 98-547—OCT. 25, 1984

"(2) the reasons for the manufacturer's conclusion that such device will be effective in reducing and deterring theft of motor vehicles, and "(3) such additional information as the Secretary determines may be reasonably required to make the determination specified in subsection (a)(1). "(c) Such determination shall be made, based upon substantial evidence, within 120 days after the date of filing of such petition. The Secretary may approve such petition in whole or in part. If the Secretary fails to make such determination within such time period, the petition shall be considered approved, and the manufacturer shall be exempt from the application of such standard for the subsequent model year. "(d) Nothing in this section shall preclude the Secretary from rescinding any such exemption for any model year after the model year in which such rescission occurs if the Secretary determines that such device has not been as effective in reducing and deterring motor vehicle theft as compliance with the requirements of the standard under section 602, except that such rescission shall not be effective until at least 6 months after the manufacturer receives written notice from the Secretary of such rescission. "(e) As used in this section, the term 'antitheft device' means a device to reduce or deter theft which is in addition to the theftdeterrent devices required by Federal motor vehicle safety standard numbered 114 (49 CFR 571.114) which the manufacturer believes will be effective in reducing or deterring theft of motor vehicles, and which does not utilize any signaling device which is reserved by a provision of any State law for use on police, emergency, or official vehicles, or on school buses. "DETERMINATION OF COMPUANCE OF MANUFACTURER

15 USC 2026.

"SEC. 606. (a) Every manufacturer of any motor vehicle any part of which is subject to the standard under section 602, and any manufacturer of major replacement parts subject to such standard, shall— "(1) establish and maintain such records, make such reports, and provide such items and information as the Secretary may reasonably require to enable the Secretary to determine whether such manufacturer has acted or is acting in compliance with this title and such standard, and "(2) upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect (A) vehicles and major parts which are subject to such standard, and (B) appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and any motor vehicle theft prevention standard promulgated pursuant to this title; such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe. "(b) For purposes of enforcing this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, may enter and inspect any facility in which motor vehicles containing major parts subject to such standard, or major replacement parts subject to such standard, are manufactured, held for introduc-

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Page:United States Statutes at Large Volume 98 Part 3.djvu/389

 PUBLIC LAW 98-547—OCT. 25, 1984

98 STAT. 2761

tion into interstate commerce, or are held for sale after such introduction. Each such inspection shall be conducted at reasonable times and in a reasonable manner and shall be commenced and completed with reasonable promptness. "(c)(1) Every manufacturer of a motor vehicle subject to the standard promulgated under section 602, and every manufacturer of any major replacement part subject to such standard, shall furnish at the time of delivery of such vehicle or part a certification that such vehicle or replacement part conforms to the applicable motor vehicle theft prevention standard. Such certification shall accompany such vehicle or replacement part until delivery to the first purchaser. The Secretary may issue rules prescribing the manner and form of such certification. "(2) Paragraph (1) shall not apply to any motor vehicle or major replacement part— "(A) which is intended solely for export, "(B) which is so labeled or tagged on the vehicle or replacement part itself and on the outside of the container, if any, until exported, and (C) which is exported. "(d) If a manufacturer obtains knowledge that (1) the identification applied, to conform to the standard under section 602, to any major part installed by the manufacturer in a motor vehicle during its assembly, or to any major replacement part manufactured by the manufacturer, contains an error, and (2) such motor vehicle or major replacement part has been distributed in interstate commerce, the manufacturer shall furnish notification of such error to the Secretary. "PROHIBITED ACTS

"SEC. 607. (a) No person shall— "(1) manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States— "(A) any motor vehicle subject to the standard under section 602, or "(B) any major replacement part subject to such standard, which is manufactured on or after the date the standard under section 602 takes effect under this title for such vehicle or major replacement part unless it is in conformity with such standard; "(2) fail to comply with any rule prescribed by the Secretary under this title; "(3) fail to keep specified records or refuse access to or copying of records, or fail to make reports or provide items or information, or fail or refuse to permit entry or inspection, as required by this title; or "(4) fail to— "(A) furnish certification required by section 606(c), or "(B) issue a certification required by section 606(c) if such person knows, or in the exercise of due care has reason to know, that such certification is false or misleading in a material respect. "(b) Subsection (a)(1) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that the vehicle or major replacement part is not in conformity with an applicable theft prevention standard.

15 USC 2027.

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 98 STAT. 2762

PUBLIC LAW 98-547—OCT. 25, 1984 "ENFORCEMENT PROVISIONS

15 USC 2028.

Courts, U.S.

18 USC app.

"SEC. 608. (a)(1) Whoever violates section 607(a) may be assessed a civil penalty of not to exceed $1,000 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable motor vehicle theft prevention standard shall constitute only a single violation. "(2) Any such penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States. Any such civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. "(3) The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the United States to the person charged. "(4) The maximum civil penalty shall not exceed $250,000 for any related series of violations. "(b)(1) Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title, or to restrain the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce, or the importation into the United States, of— "(A) any passenger motor vehicle containing a major part, or "(B) any major replacement part, which is subject to the standard under section 602 and is determined, before the sale of such vehicle or such major replacement part to a first purchaser, not to conform to such standard. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford the person an opportunity to present his views, and except in the case of a knowing and willful violation, shall afford the person reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. "(2) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this subsection, which violation also constitutes a violation of this title, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. "(3) Actions under paragraph (1) and under subsection (a) may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district in which the defendant is an inhabitant or wherever the defendant may be found. "(4) In any actions brought under paragraph (1) and under subsection (a), subpenas for witnesses who are required to attend a United States district court may run into any other district.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/391

 PUBLIC LAW 98-547—OCT. 25, 1984

98 STAT. 2763

"CONFIDENTIAUTY OF INFORMATION

"SEC. 609. All information reported to, or otherwise obtained by, the Secretary or the Secretary's representative under this title which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, or in section 552(b)(4) of title 5, United States Code, shall be considered confidential for the purpose of the applicable section of this title, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title (other than a proceeding under section 603(a)(2) or (3) of this title). Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under the Secretary's control from any committee of the Congress.

15 USC 2029.

"JUDICIAL REVIEW

"SEC. 610. Any person who may be adversely affected by any provision of any standard or other rule under this title may obtain judicial review of such standard or rule in accordance with section 504. Nothing in this section shall preclude the availability to any person of other remedies provided by law in the case of any standard, rule, or other action under this title.

15 USC 2030.

"COORDINATION WITH STATE AND LOCAL LAW

"SEC. 611. Whenever a vehicle theft prevention standard established under section 602 is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle, or major replacement part, any vehicle theft prevention standard which is not identical to such vehicle theft prevention standard.

15 USC 2031.

"INSURANCE REPORTS AND INFORMATION

"SEC. 612. (a)(1) In order to— "(A) prevent or discourage the theft of motor vehicles, particularly those vehicles which are stolen for the removal of certain parts, "(B) prevent or discourage the sale and distribution in interstate commerce of used parts that are removed from such vehicles, and "(C) help reduce the cost to consumers of comprehensive insurance coverage for motor vehicles, each insurer of such coverage (or their designated agents) shall provide to the Secretary the information required by this subsection. Such information shall be provided annually, beginning 2 years after the date of the enactment of this section. "(2) Such information shall include— "(A) the thefts and recoveries (in whole or in part) of motor vehicles; "(B) the number of vehicles which have been recovered intact; "(C) the rating rules and plans, such as loss data and rating characteristics, used by such insurers to establish premiums for comprehensive insurance coverage for motor vehicles, including the basis for such premiums, and premium penalties for motor vehicles considered by such insurers as more likely to be stolen;

15 USC 2032.

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