safety. Such study shall include a simulation of driving conditions, emergency situations, and driver performance under various drug and dosage conditions. Such study shall determine the incidence of controlled substance usage in highway accidents resultng [sic] in fatalities and the dosage levels for controlled substances which are most likely to result in impairment of driver performance. "(b) REPORT.-Not later than one year after the date of the enactment of this Act [Oct. 27, 1986], the Secretary of Transportation shall submit to Congress a report on the results of the study conducted under subsection (a).” § 406. School bus driver training SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 157 of this title. § 408. Alcohol traffic safety programs (a) Subject to the provisions of this section, the Secretary shall make grants to those States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol or a controlled substance. Such grants may only be used by recipient States to implement and enforce such programs. [See main edition for text of (b)] (c) No State may receive grants under this section in more than 5 fiscal years. The Federal share payable for any grant under this section shall not exceed (1) in the first fiscal year the State receives a grant under this section, 75 per centum of the cost of implementing and enforcing in such fiscal year the alcohol and controlled substance traffic safety program adopted by the State pursuant to subsection (a); [See main edition for text of (2)] (3) in the third, fourth, and fifth fiscal years the State receives a grant under this section, 25 per centum of the cost of implementing and enforcing in such fiscal year such program. (d) [See main edition for text of (1) and (2)] (3) Subject to subsection (c), the amount of a special grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e)(3) shall not exceed 5 per centum of the amount apportioned to such State for fiscal year 1984 under sections 402 and 408 of this title. Such grant shall be in addition to any basic or supplemental grant received by such State. (e) [See main edition for text of (1) and (2)] (3) For the purposes of this section, a State is eligible for a special grant if the State enacts a statute which provides that (A) any person convicted of a first violation of driving under the influence of alcohol shall receive (i) a mandatory license suspension for a period of not less than ninety days; and either (ii)(I) an assignment of one hundred hours of community service; or (II) a minimum sentence of imprisonment for forty-eight consecutive hours; (B) any person convicted of a second violation of driving under the influence of alcohol within five years after a conviction for the same offense, shall receive a mandatory minimum sentence of imprisonment for ten days and license revocation for not less than one year; (C) any person convicted of a third or subsequent violation of driving under the influence of alcohol within five years after a prior conviction for the same offense shall (i) receive a mandatory minimum sentence of imprisonment for one hundred and twenty days; and (ii) have his license revoked for not less than three years; and (D) any person convicted of driving with a suspended or revoked license or in violation of a restriction due to driving under the influence of alcohol conviction shall receive a mandatory sentence of imprisonment for at least thirty days, and shall upon release from imprisonment, receive an additional period of license suspension or revocation of not less than the period of suspension or revocation remaining in effect at the time of commission of the offense of driving with a suspended or revoked license. (f) The Secretary shall, by rule, establish criteria for effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol, which criteria shall be in addition to those required for a basic grant under subsection (e)(1). The Secretary shall establish such criteria in cooperation with the States and political subdivisions thereof, appropriate Federal departments and agencies, and such other public and nonprofit organizations as the Secretary may deem appropriate. Such criteria may include, but need not be limited to, requirements— [See main edition for text of (1) to (6)] (7) for the consideration of and, where consistent with other provisions of State law and constitution the adoption of, recommendations that the Presidential Commission on Drunk Driving may issue during the period in which rules are being made to carry out this section; and (8) for the creation and operation of rehabilitation and treatment programs for those arrested and convicted of driving while under the influence of a controlled substance or for the establishment of research programs to develop effective means of detecting use of controlled substances by drivers. (g) There is hereby authorized to be appropriated to carry out this section, out of the Highway Trust Fund, $25,000,000 for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, and September 30, 1985. All provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this subsection shall remain available until expended. Sums authorized by this subsection shall not be subject to any obligation limitation for State and community highway safety programs. (As amended Pub. L. 98-363, §§ 4, 7, July 17, 1984, 98 Stat. 436, 438; Pub. L. 100-17, title II, § 203(a), (b), Apr. 2, 1987, 101 Stat. 219.) AMENDMENTS 1987-Subsec. (c). Pub. L. 100-17, § 203(a), substituted "5" for "three" in introductory provisions and "third, fourth, and fifth fiscal years" for "third fiscal year" in par. (3). Subsec. (g). Pub. L. 100-17, § 203(b), inserted "and except that sums authorized by this subsection shall remain available until expended" before period at end of second sentence. 1984-Subsec. (a). Pub. L. 98-363, §§ 4(a), 7(a), struck out "basic and supplemental" after "Secretary shall make" and inserted "or a controlled substance" after "alcohol". Subsec. (c)(1). Pub. L. 98-363, § 4(b), inserted "and controlled substance" after "alcohol". Subsec. (d)(3). Pub. L. 98-363, § 7(b), added par. (3). Subsec. (e)(3). Pub. L. 98-363, § 7(c), added par. (3). Subsec. (f)(8). Pub. L. 98-363, § 4(c), added par. (8). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 157 of this title. § 409. Admission as evidence of certain reports and surveys Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 152 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be admitted into evidence in Federal or State court or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. (Added Pub. L. 100-17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170.) TITLE 24-HOSPITALS AND ASYLUMS CHAPTER 1-NAVY HOSPITALS, NAVAL HOME, ARMY AND NAVY HOSPITAL, AND HOSPITAL RELIEF FOR SEAMEN AND OTHERS § 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments EXECUTIVE ORDER No. 11116 Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075, as amended by Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, which provided rates of charges for hospitalization and dispensary services, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 35. Limitation of medical, surgical or hospital services Hospitalization of the dependents of naval and Marine Corps personnel and of the persons outside the naval service mentioned in section 34 of this title shall be furnished only for acute medical and surgical conditions, exclusive of nervous, mental, or contagious diseases or those requiring domiciliary care. Routine dental care, other than dental prosthesis and orthodontia, may be furnished to such persons who are outside the naval service under the same conditions as are prescribed in section 34 of this title for hospital and dispensary care for such per sons. (As amended Feb. 27, 1986, Pub. L. 99-251, title III, § 304, 100 Stat. 26.) AMENDMENTS 1986-Pub. L. 99-251 amended second sentence generally. Prior to amendment, second sentence read as follows: "Dental treatment shall be administered only as an adjunct to inpatient hospital care and shall not include dental prosthesis or orthodontia." CHAPTER 2-THE SOLDIERS' AND AIRMEN'S HOME § 43. Officers AUTHORITY FOR EXEMPTION OF CERTAIN PHYSICIANS AT SOLDIERS' AND AIRMEN'S HOME FROM REDUCTIONS IN RETIRED PAY Pub. L. 99-145, title XVI, § 1625, Nov. 8, 1985, 99 Stat. 778, provided that: "(a) IN GENERAL.-The Governor of the United States Soldiers' and Airmen's Home may exempt, at any time, not more than two physicians employed by the Home from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, United States Code, if the Governor determines that such exemptions are necessary to recruit or retain well-qualified physicians for the Home. An exemption granted under this section shall terminate upon any break in employment with the Home by a physician of three days or more. Page 1053 "(b) APPLICABILITY.-An exemption granted to a person under subsection (a) shall apply to the retired pay of that person beginning with the first month after the month in which the exemption is granted." § 52. Allotment of pensions Any inmate of the home who is receiving a pension from the Government, and who has a child, spouse, or parent living, shall be entitled, by filing with the Veterans' Administration a written direction to that effect, to have such pension, or any part of it, paid to such child, spouse, or parent. The pensions of all inmates of the home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the home. The money thus derived shall not become a part of the funds of the home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institution. The board of commissioners may from time to time pay over to any inmate such part of his pension money as they think best for his interest and consistent with the discipline and good order of the home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the home. In case of the death of any pensioner, any pension money due him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the home. (As amended Nov. 8, 1985, Pub. L. 99-145, title XIII, § 1301(f), 99 Stat. 737.) 225b. 225c. 225d. 225e. 225f. 225g. Findings and purposes. Definitions. Development of plan for mental health system for the District. (a) Responsibility for mental health services; effective date; final system implementation plan; comprehensive mental health program. (b) Mayor; preliminary system implementation plan; final implementation plan; submission to and review by Council and Congressional committees. (c) Contents of system implementation plan. (d) Consultation; labor-management advisory committee; public comments. (e) Shift of selected program responsibilities and staff resources; commercial activity proposals; exemption of certain studies. (f) Financial and physical plant audits; repairs and renovations; maintenance of facilities and infrastructure. (g) Service coordination period; responsibility for providing services. Congressional review of system implementation plan. Transition provisions for employees of Hospital. (a) Retirement opportunity. (b) Specific number and types of posi- (e) Contracts; mental health services; Conditions of employment for former employees of Hospital. (a) Individuals accepting employment; without service breaks. (b) Exemption from residency requirements. (c) Compensation; work related injuries. (d) Actions by District against individuals accepting employment. (e) Commissioned public health service officers. (f) Former patient employees. Property transfer. (a) Authority of Secretary; exclusion of certain real property. (b) Preparation of master plan; consultation; approval; property transfer; exclusion of Oxon Cove Park. (c) Transfer of J.B. Johnson Building and grounds. Financing provisions. (a) Authorization of appropriations. (c) Financial responsibility during co- SUBCHAPTER I-ESTABLISHMENT MANAGEMENT; PENSIONS, MONEYS, AND APPROPRIATIONS § 161. Repealed. Pub. L. 98-621, § 10(a), Nov. 8, 1984, 98 Stat. 3379 Section, R.S. § 4838; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1946 Reorg. Plan No. 3, § 201, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1098, related to establishment of Saint Elizabeths Hospital. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1987, see section 11(b) of Pub. L. 98-621 set out as an Effective Date note under section 225 of this title. §§ 164, 165. Repealed. Pub. L. 98-621, § 10(a), Nov. 8, 1984, 98 Stat. 3379 Section 164, R.S. § 4842; July 1, 1916, ch. 209, § 1, 39 Stat. 309; Reorg. Plan No. IV of 1940, § 11(a), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1236, along with sections 162 and 163 of this title, provided for the appointment, powers and duties of Board of Visitors of Saint Elizabeths Hospital. Section 165, R.S. § 4839; Feb. 2, 1909, ch. 58, § 1, 35 Stat. 592; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11(a), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1236; 1946 Reorg. Plan No. 2, § 9, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1096; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; June 6, 1972, Pub. L. 92-310, title II, § 228(b), 86 Stat. 207; Dec. 19, 1977, Pub. L. 95-215, 9, 91 Stat. 1508; Oct. 17, 1979, Pub. L. 96-88, title V, § 509(b), 93 Stat. 695, related to superintendent, disbursing agent, and pension money of inmates of Saint Elizabeths Hospital. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1987, see section 11(b) of Pub. L. 98-621 set out as an Effective Date note under section 225 of this title. § 165a. Omitted CODIFICATION Section, Pub. L. 98-139, title II, § 200, Oct. 31, 1983, 97 Stat. 881, provided that the superintendent of Saint Elizabeths Hospital may reside off the premises of the hospital, notwithstanding section 165 of this title. § 166. Repealed. Pub. L. 98-621, § 10(b), Nov. 8, 1984, 98 Stat. 3379 Section, June 5, 1920, ch. 235, § 1, 41 Stat. 920; June 6, 1972, Pub. L. 92-310, title II, § 228(c), 86 Stat. 207, related to appointment and powers of deputy disbursing agent. |