Page:United States Statutes at Large Volume 102 Part 5.djvu/130

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4136

38 USC 4103 note.

38 USC 4103 note.

PUBLIC LAW 100-687—NOV. 18, 1988

(A) by striking out paragraph (8); and (B) by redesignating paragraph (9) as paragraph (8). (2) Section 4107(c) is amended to read as follows: "(c) Notwithstanding the provisions of section 4101(e) of this title, any person appointed under section 4103 of this title who is not eligible for special pay under section 4118 of this title shall be deemed to be a career appointee for the purposes of sections 4507 and 5384 of title 5.". (c) APPLICABILITY TO CURRENT DIRECTORS.—(1) Except as provided in paragraph (2), each person who, on the day before the date of enactment of this Act, holds an appointment as a director under section 4103(a)(8) of title 38, United States Code, shall, on such date of enactment, become a career appointee in the Senior Executive Service established pursuant to chapter 31 of title 5, United States Code. The preceding sentence applies without regard to the provisions of subsections (b), (c), and (e) of section 3393 of title 5, United States Code, or any other provision of law. The provisions of section 3393(d) of such title shall not apply to a director who becomes a career appointee pursuant to this paragraph. (2) Any person who, on the day before the date of the enactment of this Act, holds an appointment as such a director may, not later than 60 days after such enactment date, elect to retain the terms and conditions of that appointment for as long as that person continues to serve as such a director. (d) PRESERVATION OF PAY.—This section and the amendments made by this section shall not result in a reduction in the rate of pay payable to any person. SEC. 1507. PROCUREMENT THROUGH LOCAL CONTRACTS. (a) EFFECTIVE DATES OF PROVISIONS ENACTED IN PUBLIC LAW 100-

38 USC 5025 note.

322.—Section 403(b)(1) of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 102 Stat. 545) is amended by striking out "Subsection (b)(1)" and inserting in lieu thereof "Subsections (a), (b)(1), and (b)(2)". (b) TRANSITION TO

CERTAIN REPORT REQUIREMENTS.—Section

5025(d) is amended— (1) in paragraph (1), by inserting "(beginning in 1992)" after "of each year"; (2) in paragraph (2), by inserting "(beginning in 1993)" after "of each year"; and (3) by adding at the end the following new paragraph: "(3) Not later than February 1 of each year from 1989 through 1992, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the experience in carrying out this section during the preceding fiscal year. The first such report shall contain information showing the percentage (measured by cost) of the total of all health-care items procured by the Veterans' Administration during fiscal year 1988 that were procured through local contracts. The other reports under this paragraph shall contain information showing the percentage (measured by cost) of the total of all health-care items procured by the Veterans' Administration, and by each Veterans' Administration medical center, during the fiscal year covered by the report that were purchased through local contracts and, in the case of each medical center at which the percentage was greater than 20 percent, an explanation of the reasons why that occurred.".