Page:United States Statutes at Large Volume 105 Part 1.djvu/119

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PUBLIC LAW 102-25—APR. 6, 1991 105 STAT. 91 under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under subparagraph (A) of this paragraph and may provide a percentage increase in such rates equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12- month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992. "(C) With respect to any fiscal year beginning on or after October 1, 1994, the Secretary may continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under this paragraph for the previous fiscal year and may provide, for any such fiscal year, a percentage increase in such rates equal to the percentage by which— "(i) the Consumer Price Index (all items. United States city average) for the 12-month period ending on the June 30 precedes ing the beginning of the fiscal year for which the increase is made, exceeds "(ii) such Consumer Price Index for the 12-month period preceding the 12-month period described in clause (i).". (2) Section 2131(f)(2) of such title is amended by striking out "$140" and inserting in lieu thereof "amount equal to the amount of ,,.? the monthly rate payable under subsection (b)(l)(A) for the fiscal year concerned". (3) Section 2131(g)(3) of such title is amended by striking out "$140" and inserting in lieu thereof "amount equal to the amount of the monthly rate payable under subsection (b)(l)(A) for the fiscal year concerned". SEC. 338. MEMBERSHIP ON EDUCATIONAL BENEFITS ADVISORY COMMIT- TEE FOR PERSIAN GULF WAR VETERAN Section 1792(a) of title 38, United States Code, is amended by striking out "and the post-Vietnam era" in the second sentence and inserting in lieu thereof "the post-Vietnam era, and the Persian ci Gulf War". SEC. 339. IMPROVED REEMPLOYMENT RIGHTS FOR DISABLED VETERANS (a) IN GENERAL. —Chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: "§ 2027. Qualincation for employment position "(a) For the purposes of this chapter, a person shall be considered qualified to perform the duties of an employment position if such person, with or without reasonable accommodation, can perform the essential functions of the position. "(b) For the purposes of subsection (a) of this section, an employer shall be required to make reasonable accommodations to the known << physical or mental limitations of an otherwise qualified individual ' with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer. "(c) For purposes of subsections (a) and (b) of this section— "(1) the term 'employer' means— "(A) until July 26, 1994, a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person; and