Page:United States Statutes at Large Volume 91.djvu/1465

 PUBLIC LAW 95-201—NOV. 23, 1977

91 STAT. 1431

appointed after the date of enactment of this Act in the Department of Medicine and Surgery in the Veterans" Administration in any direct patient-care capacity, and with respect to persons described in such subsections who are appointed after such enactment date and prior to January 1, 1978, the Administrator of Veterans' Affairs, upon the recommendation of the Chief Medical Director, shall take appropriate steps to provide reasonable assurance that such persons possess such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable such persons to carry out their health-care responsibilities satisfactorily. (4) The amendments made by paragraphs (1) and (2) of this Effective date. 38 USC 4105 subsection shall be effective on January 1, 1978. (b) Not later than April 1, 1978, the Administrator of Veterans' note. Report to Affairs shall submit to the Committees on Veterans' Affairs of the congressional House of Representatives and the Senate a report (1) describing activi- committees. ties undertaken and the persons affected in order to carry out sub- 38 USC 4105 section (c) of section 4105 and subsection (f) of section 4114 of title note. 38, United States Code (as added by paragraphs (1) and (2) of sub- Ante, p. 1430. section (a) of this section), and subsections (a)(3) and (c) of this section, and (2) providing— (A) a description of the extent to which there are persons employed by the Veterans' Administration, on or prior to the date of enactment of this Act, in any direct patient-care capacity in the Department of Medicine and Surgery, who do not possess such basic proficiency in spoken and written English as produces the degree of comnmnication with patients and other health-care personnel as is necessary to enable such persons to carry out their health-care responsibilities satisfactorily; (B) data describing the characteristics and categories of positions of any such persons; and (C) if, in the opinion of the Administrator, the description and data being provided pursuant to subclauses (A) and (B) of clause (2) of this subsection indicate that there is a problem with respect to the satisfactory performance of such health-care responsibilities arising from such lack of proficiency, a plan to promote the achievement of such proficiency as will enable the persons involved to carry out their health-care responsibilities satisfactorily as well as to deal with any need which the Administrator believes will exist to promote such proficiency on the part of persons appointed after such enactment date who the Administrator has reason to believe do not, in fact, possess such proficiency, including (i) the cost of implementing such plan in each of the succeeding five fiscal years, and (ii) the time periods in which such proficiency on the part of such persons (broken down by appropriate categories and characteristics) can be expected to be achieved. (c) Section 5001 of title 38, United States Code, is amended by Dual language speaking staff inserting at the end thereof the following new subsection: "(h) When the Administrator determines, in accordance with regu- members, lations which the Administrator shall prescribe, that a Veterans' identification. Administration facility serves a substantial number of veterans with limited English-speaking ability, the Administrator shall establish and implement procedures, upon the recommendation of the Chief Medical Director, to ensure the identification of sufficient numbers of individuals on such facility's staff who are fluent in both the

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