IB 

Union Calendar No. 119

108TH CONGRESS 

1ST SESSION H. R. 2433

[Report No. 108–213] 

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 to be provided health 

care for illness without requirement for proof of service-connection. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2003

Mr. RODRIGUEZ (for himself and Mr. SIMMONS) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

JULY 16, 2003 

Additional sponsors: Mr. EVANS, Mr. FILNER, Mr. PAUL, Mr. FROST, Mr. 

MCGOVERN, Mr. MILLER of Florida, Mr. RYUN of Kansas, Mr. GUTIERREZ, Mr. MICHAUD, Mr. SNYDER, Mr. UDALL of New Mexico, Mr. 

FALEOMAVAEGA, Ms. MILLENDER-MCDONALD, Mr. MATHESON, Mr. 

CLAY, Mrs. DAVIS of California, and Mr. MOORE

JULY 16, 2003 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 11, 2003] 

A BILL

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 
2

•HR 2433 RH 

and biological warfare testing to be provided health care 

for illness without requirement for proof of service-connection.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Care for Veterans 

5 of Project 112/Project SHAD Act of 2003’’. 

6 SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO 

7 PARTICIPATED IN CERTAIN DEPARTMENT OF 

8 DEFENSE CHEMICAL AND BIOLOGICAL WAR9 FARE TESTING. 

10 Section 1710(e) of title 38, United States Code, is 

11 amended—

12 (1) in paragraph (1), by adding at the end the 

13 following new subparagraph: 

14 ‘‘(E) Subject to paragraphs (2) and (3), a veteran who 

15 participated in a test conducted by the Department of De16 fense Deseret Test Center as part of a program for chemical 

17 and biological warfare testing from 1962 through 1973 (in18 cluding the program designated as ‘Project Shipboard Haz19 ard and Defense (SHAD)’ and related land-based tests) is 

20 eligible for hospital care, medical services, and nursing 

21 home care under subsection (a)(2)(F) for any illness, not22 withstanding that there is insufficient medical evidence to 

23 conclude that such illness is attributable to such testing.’’. 
3

•HR 2433 RH 

1 (2) in paragraph (2)(B), by striking out ‘‘para2 graph (1)(C) or (1)(D)’’ and inserting ‘‘subparagraph 

3 (C), (D), or (E) of paragraph (1)’’; and 

4 (3) in paragraph (3)—

5 (A) by striking ‘‘and’’ at the end of sub6 paragraph (B); 

7 (B) by striking the period at the end of sub8 paragraph (C) and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(D) in the case of care for a veteran described 

12 in paragraph (1)(E), after December 31, 2005.’’. 

13 SEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUIT14 MENT OF HEALTH CARE PROFESSIONALS. 

15 (a) PROMOTION STANDARDS FOR HEALTH CARE PER16 SONNEL.—Subsection (c) of 7403 of title 38, United States 

17 Code, is amended by striking ‘‘Promotions’’ and inserting 

18 ‘‘Consistent with subsection (a) of section 7422 of this title, 

19 and notwithstanding subsection (b) of that section, pro20 motions’’. 

21 (b) PROMOTIONS FOR NURSES WHO DO NOT HAVE

22 BACCALAUREATE DEGREES.—Such section is further 

23 amended by adding at the end the following new subsection: 

24 ‘‘(h) In a case in which a registered nurse has accom25 plished the performance elements required for promotion to 
4

•HR 2433 RH 

1 the next grade, the lack of a baccalaureate degree in nursing 

2 shall not be a bar to promotion to that grade, and in such 

3 a case the registered nurse shall not be denied a promotion 

4 on that basis.’’. 

5 SEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY 

6 FOR ADDITIONAL HEALTH CARE WORKERS IN 

7 THE VETERANS HEALTH ADMINISTRATION. 

8 (a) IN GENERAL.—Section 7454(b) of title 38, United 

9 States Code, is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(3) Employees appointed under section 7408 of this 

12 title shall be entitled to additional pay on the same basis 

13 as provided for nurses in section 7453(c) of this title.’’. 

14 (b) APPLICABILITY.—The amendment made by sub15 section (a) shall apply with respect to pay periods begin16 ning on or after the date of the enactment of this Act. 

17 SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS’ CANTEEN 

18 SERVICE UNDER ADDITIONAL EMPLOYMENT 

19 LAWS. 

20 (a) COVERAGE.—Paragraph (5) of section 7802 of title 

21 38, United States Code, is amended by inserting before the 

22 semicolon a period and the following: ‘‘An employee ap23 pointed under this section may be considered for appoint24 ment to a Department position in the competitive service 

25 in the same manner that a Department employee in the 
5

•HR 2433 RH 

1 competitive service is considered for transfer to such posi2 tion. An employee of the Service who is appointed to a De3 partment position in the competitive service under the au4 thority of the preceding sentence may count toward the 

5 time-in-service requirement for a career appointment in 

6 such position any previous period of employment in the 

7 Service’’. 

8 (b) TECHNICAL AMENDMENTS.—Such section is fur9 ther amended—

10 (1) by striking the semicolon at the end of each 

11 of paragraphs (1) through (10) and inserting a pe12 riod; 

13 (2) by striking ‘‘The Secretary ’’ and all that fol14 lows through ‘‘(1) establish,’’ and inserting ‘‘(a) LO15 CATIONS FOR CANTEENS.—The Secretary shall estab16 lish,’’; 

17 (3) by redesignating paragraphs (2) through (11) 

18 as subsections (b) through (k), respectively, and by re19 aligning those subsections (as so redesignated) so as 

20 to be flush to the left margin; 

21 (4) in subsection (b) (as so redesignated), by in22 serting ‘‘WAREHOUSES AND STORAGE DEPOTS.—The 

23 Secretary shall’’ before ‘‘establish’’; 
6

•HR 2433 RH 

1 (5) in subsection (c) (as so redesignated), by in2 serting ‘‘SPACE, BUILDINGS, AND STRUCTURES.—The 

3 Secretary shall’’ before ‘‘furnish’’; 

4 (6) in subsection (d) (as so redesignated), by in5 serting ‘‘EQUIPMENT, SERVICES, AND UTILITIES.—

6 The Secretary shall’’ before ‘‘transfer’’; 

7 (7) in subsection (e) (as so redesignated and as 

8 amended by subsection (a)), by inserting ‘‘PER9 SONNEL.—The Secretary shall’’ before ‘‘employ’’; 

10 (8) in subsection (f) (as so redesignated), by in11 serting ‘‘CONTRACTS AND AGREEMENTS.—The Sec12 retary shall’’ before ‘‘make all’’; 

13 (9) in subsection (g) (as so redesignated), by in14 serting ‘‘PRICES.—The Secretary shall’’ before ‘‘fix 

15 the’’; 

16 (10) in subsection (h) (as so redesignated), by in17 serting ‘‘GIFTS AND DONATIONS.—The Secretary 

18 may’’ before ‘‘accept’’; 

19 (11) in subsection (i) (as so redesignated), by in20 serting ‘‘RULES AND REGULATIONS.—The Secretary 

21 shall’’ before ‘‘make such’’; 

22 (12) in subsection (j) (as so redesignated), by in23 serting ‘‘DELEGATION.—The Secretary may’’ before 

24 ‘‘delegate such’’; and 
7

•HR 2433 RH 

1 (13) in subsection (k) (as so redesignated), by in2 serting ‘‘AUTHORITY TO CASH CHECKS, ETC.—The 

3 Secretary may’’ before ‘‘authorize’’.

Amend the title so as to read: ‘‘A bill 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.’’. 
Union Calendar No. 119

108TH CONGRESS 

1ST SESSION H. R. 2433

[Report No. 108–213] 

A BILL

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 to be provided health care for illness without requirement for proof of service-connection. 

JULY 16, 2003

Reported with amendments, committed to the Committee 

of the Whole House on the State of the Union, and ordered to be printed