[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2433 Referred in Senate (RFS)]
1st Session
H. R. 2433
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2003
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to provide veterans who participated in certain
Department of Defense chemical and biological warfare testing with
health care for their illness without requirement for proof of service-
connection, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care for Veterans of Project
112/Project SHAD Act of 2003''.
SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN
CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL
WARFARE TESTING.
Section 1710(e) of title 38, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Subject to paragraphs (2) and (3), a veteran who participated
in a test conducted by the Department of Defense Deseret Test Center as
part of a program for chemical and biological warfare testing from 1962
through 1973 (including the program designated as `Project Shipboard
Hazard and Defense (SHAD)' and related land-based tests) is eligible
for hospital care, medical services, and nursing home care under
subsection (a)(2)(F) for any illness, notwithstanding that there is
insufficient medical evidence to conclude that such illness is
attributable to such testing.''.
(2) in paragraph (2)(B), by striking out ``paragraph (1)(C)
or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of
paragraph (1)''; and
(3) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) in the case of care for a veteran described in
paragraph (1)(E), after December 31, 2005.''.
SEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE
PROFESSIONALS.
(a) Promotion Standards for Health Care Personnel.--Subsection (c)
of 7403 of title 38, United States Code, is amended by striking
``Promotions'' and inserting ``Consistent with subsection (a) of
section 7422 of this title, and notwithstanding subsection (b) of that
section, promotions''.
(b) Promotions for Nurses Who Do Not Have Baccalaureate Degrees.--
Such section is further amended by adding at the end the following new
subsection:
``(h) In a case in which a registered nurse has accomplished the
performance elements required for promotion to the next grade, the lack
of a baccalaureate degree in nursing shall not be a bar to promotion to
that grade, and in such a case the registered nurse shall not be denied
a promotion on that basis.''.
SEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH
CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION.
(a) In General.--Section 7454(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(3) Employees appointed under section 7408 of this title shall be
entitled to additional pay on the same basis as provided for nurses in
section 7453(c) of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after the date of the
enactment of this Act.
SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER
ADDITIONAL EMPLOYMENT LAWS.
(a) Coverage.--Paragraph (5) of section 7802 of title 38, United
States Code, is amended by inserting before the semicolon a period and
the following: ``An employee appointed under this section may be
considered for appointment to a Department position in the competitive
service in the same manner that a Department employee in the
competitive service is considered for transfer to such position. An
employee of the Service who is appointed to a Department position in
the competitive service under the authority of the preceding sentence
may count toward the time-in-service requirement for a career
appointment in such position any previous period of employment in the
Service''.
(b) Technical Amendments.--Such section is further amended--
(1) by striking the semicolon at the end of each of
paragraphs (1) through (10) and inserting a period;
(2) by striking ``The Secretary '' and all that follows
through ``(1) establish,'' and inserting ``(a) Locations for
Canteens.--The Secretary shall establish,'';
(3) by redesignating paragraphs (2) through (11) as
subsections (b) through (k), respectively, and by realigning
those subsections (as so redesignated) so as to be flush to the
left margin;
(4) in subsection (b) (as so redesignated), by inserting
``Warehouses and Storage Depots.--The Secretary shall'' before
``establish'';
(5) in subsection (c) (as so redesignated), by inserting
``Space, Buildings, and Structures.--The Secretary shall''
before ``furnish'';
(6) in subsection (d) (as so redesignated), by inserting
``Equipment, Services, and Utilities.--The Secretary shall''
before ``transfer'';
(7) in subsection (e) (as so redesignated and as amended by
subsection (a)), by inserting ``Personnel.--The Secretary
shall'' before ``employ'';
(8) in subsection (f) (as so redesignated), by inserting
``Contracts and Agreements.--The Secretary shall'' before
``make all'';
(9) in subsection (g) (as so redesignated), by inserting
``Prices.--The Secretary shall'' before ``fix the'';
(10) in subsection (h) (as so redesignated), by inserting
``Gifts and Donations.--The Secretary may'' before ``accept'';
(11) in subsection (i) (as so redesignated), by inserting
``Rules and Regulations.--The Secretary shall'' before ``make
such'';
(12) in subsection (j) (as so redesignated), by inserting
``Delegation.--The Secretary may'' before ``delegate such'';
and
(13) in subsection (k) (as so redesignated), by inserting
``Authority To Cash Checks, Etc.--The Secretary may'' before
``authorize''.
Passed the House of Representatives September 10, 2003.
Attest:
JEFF TRANDAHL,
Clerk.