Page:United States Statutes at Large Volume 104 Part 3.djvu/540

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104 STAT. 1892 PUBLIC LAW 101-511—NOV. 5, 1990 SEC. 8073. Of the funds appropriated by this Act, no more than $4,000,000 shall be available for the health care demonstration project regarding chiropractic care required by section 632(b) of the Department of Defense Authorization Act, 1985, Public Law 98- 525. SEC. 8074. None of the funds appropriated by this Act may be used to pay health care providers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for services determined under the CHAMPUS Peer Review Organization (PRO) Program to be not medically or psychologically necessary. The Secretary of Defense may by regulation adopt any quality and utilization review requirements and procedures in effect for the Peer Review Organization Program under title XVIII of the Social Security Act (Medicare) that the Secretary determines necessary, and may adapt the Medicare requirements and procedures to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate. SEC. 8075. For the purpose of increasing collections from third party payers of reasonable health care services costs incurred on behalf of retirees and dependents pursuant to section 1095 of title 10, United States Code, net receipts from such collections shall be made available to the local facility of the uniformed services responsible for the collections and shall be over and above the facility's direct budget amount: Provided, That for purposes of this section and section 1095, third party payers include: (a) Medicare supplemental insurance policy carriers, in which case the facility of the uniformed services shall be treated as if it were a Medicare-eligible provider and the services provided as if they were Medicare-covered services for policies issued after enactment of this Act; and Qo) automobile liability insurance carriers and no-fault insurance carriers, in which case, should tort liability be a basis for payment, the standards of the Federal Medical Care Recovery Act (42 U.S.C. 2651) shall apply. Wages. SEC. 8076. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 8077. (a) Of the funds made available by this Act in title III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d)(4)(B), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage of this Act. (b) Section 201(2) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (25 U.S.C. 1301(2)), is amended by adding at the end thereof the following: "means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;". (c) Section 201 of such Act is amended (1) by deleting the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word "and"; and (2) by adding at the end thereof the following: "(4) 'Indian' means any person who would be subject to the jurisdiction of the United States as an Indian under section