108TH CONGRESS

1ST SESSION H. R. 2433

AN ACT

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide

veterans who participated in certain Departmentof Defense chemical and biological warfare testing with health care for their illness without requirement for proof of service-connection, and forother purposes.

108TH CONGRESS

1ST SESSION H. R. 2433

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.
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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 Vet5 erans 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

15 who participated in a test conducted by the Department

16 of Defense Deseret Test Center as part of a program for

17 chemical and biological warfare testing from 1962 through

18 1973 (including the program designated as ‘Project Ship19 board Hazard and Defense (SHAD)’ and related land20 based tests) is eligible for hospital care, medical services,

21 and nursing home care under subsection (a)(2)(F) for any

22 illness, notwithstanding that there is insufficient medical

23 evidence to conclude that such illness is attributable to

24 such testing.’’.
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1 (2) in paragraph (2)(B), by striking out ‘‘para2 graph (1)(C) or (1)(D)’’ and inserting ‘‘subpara3 graph (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

8 subparagraph (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

16 PERSONNEL.—Subsection (c) of 7403 of title 38, United

17 States Code, is amended by striking ‘‘Promotions’’ and in18 serting ‘‘Consistent with subsection (a) of section 7422 of

19 this title, and notwithstanding subsection (b) of that sec20 tion, promotions’’.

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 sub24 section:
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1 ‘‘(h) In a case in which a registered nurse has accom2 plished the performance elements required for promotion

3 to the next grade, the lack of a baccalaureate degree in

4 nursing shall not be a bar to promotion to that grade,

5 and in such a case the registered nurse shall not be denied

6 a promotion on that basis.’’.

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

8 FOR ADDITIONAL HEALTH CARE WORKERS IN

9 THE VETERANS HEALTH ADMINISTRATION.

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

11 United States Code, is amended by adding at the end the

12 following new paragraph:

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

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

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

16 (b) APPLICABILITY.—The amendment made by sub17 section (a) shall apply with respect to pay periods begin18 ning on or after the date of the enactment of this Act.

19 SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS’ CAN20 TEEN SERVICE UNDER ADDITIONAL EMPLOY21 MENT LAWS.

22 (a) COVERAGE.—Paragraph (5) of section 7802 of

23 title 38, United States Code, is amended by inserting be24 fore the semicolon a period and the following: ‘‘An em25 ployee appointed under this section may be considered for
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1 appointment to a Department position in the competitive

2 service in the same manner that a Department employee

3 in the competitive service is considered for transfer to such

4 position. An employee of the Service who is appointed to

5 a Department position in the competitive service under the

6 authority of the preceding sentence may count toward the

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

8 such position any previous period of employment in the

9 Service’’.

10 (b) TECHNICAL AMENDMENTS.—Such section is fur11 ther amended—

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

13 of paragraphs (1) through (10) and inserting a pe14 riod;

15 (2) by striking ‘‘The Secretary ’’ and all that

16 follows through ‘‘(1) establish,’’ and inserting ‘‘(a)

17 LOCATIONS FOR CANTEENS.—The Secretary shall

18 establish,’’;

19 (3) by redesignating paragraphs (2) through

20 (11) as subsections (b) through (k), respectively, and

21 by realigning those subsections (as so redesignated)

22 so as to be flush to the left margin;

23 (4) in subsection (b) (as so redesignated), by

24 inserting ‘‘WAREHOUSES AND STORAGE DEPOTS.—

25 The Secretary shall’’ before ‘‘establish’’;
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1 (5) in subsection (c) (as so redesignated), by in2 serting ‘‘SPACE, BUILDINGS, AND STRUCTURES.—

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

4 (6) in subsection (d) (as so redesignated), by

5 inserting ‘‘EQUIPMENT, SERVICES, AND UTILI6 TIES.—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

14 inserting ‘‘PRICES.—The Secretary shall’’ before

15 ‘‘fix the’’;

16 (10) in subsection (h) (as so redesignated), by

17 inserting ‘‘GIFTS AND DONATIONS.—The Secretary

18 may’’ before ‘‘accept’’;

19 (11) in subsection (i) (as so redesignated), by

20 inserting ‘‘RULES AND REGULATIONS.—The Sec21 retary shall’’ before ‘‘make such’’;

22 (12) in subsection (j) (as so redesignated), by

23 inserting ‘‘DELEGATION.—The Secretary may’’ be24 fore ‘‘delegate such’’; and
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1 (13) in subsection (k) (as so redesignated), by

2 inserting ‘‘AUTHORITY TO CASH CHECKS, ETC.—

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

Passed the House of Representatives September 10,

2003.

Attest:

Clerk.