Page:United States Statutes at Large Volume 105 Part 1.djvu/237

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PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 209 session of Congress following the date of the submission of the report. For purposes of the preceding sentence, continuity of a session of Congress is broken only by an adjournment sine die, and there shall be excluded from the computation of such 90- day period any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain."; (2) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) An administrative reorganization described in this subparagraph is an administrative reorganization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility— "(i) by 15 percent or more; or "(ii) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal year, is 25 percent or more."; (3) in subparagraph (C)— (A) by inserting "administrative" before "reorganization" the first place it appears; '.,> (B) by striking out "the reorganization" after "applies to" and inserting in lieu thereof "an administrative reorganization"; (C) by striking out "more than 25 but less than 100 employees" and inserting in lieu thereof "30 or more employees"; and (D) by striking out "in such unit—" and all that follows and inserting in lieu thereof "in such unit by 50 percent or more."; and (4) in subparagraph (D)— (A) by adding at the end of clause (i) the following new sentence: "Such term does not include a consolidation or redistribution of functions at a covered field office or facility, or between components of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of fulltime equivalent employees continues to perform the af- fected functions at that field office, facility, or center."; (B) by striking out clause (ii); and (C) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. SEC. 304. TECHNICAL CORRECTION TO LIMITATION ON PAYMENT OF PEN- SION TO VETERANS IN NURSING HOMES. (a) EXCLUSION OF STATE HOMES.—Section 3203(f)(l)(B) is amended by inserting before the period at the end the following: ", other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to section 641(a) of this title". (b) EFFECTIVE DATE. — The amendment made by subsection (a) 38 USC 5503 shall apply as if included in the amendment made by section 8003(a) ^°^- of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101- 508; 104 Stat. 1388-874).