103D CONGRESS

2D SESSION S. 1534

SENATE

AMENDMENTS TO

HOUSE AMENDMENTS
★

In the Senate of the United States,

March 25 (legislative day, February 22), 1994.

Resolved, That the Senate agree to the amendments of

the House of Representatives to the bill (S. 1534) entitled

‘‘An Act to amend title 38, United States Code, to repeal a

requirement that the Under Secretary for Health in the Department of Veterans Affairs be a doctor of medicine’’ with

the following

SENATE AMENDMENTS TO

HOUSE AMENDMENTS:

In lieu of the matter proposed to be inserted by the

House amendment to the text of the bill, insert:

1 SECTION 1. MODIFICATION TO PHYSICIAN REQUIREMENT

2 FOR CERTAIN SENIOR VETERANS HEALTH AD3 MINISTRATION OFFICIALS.

4 (a) UNDER SECRETARY.—Section 305 of title 38,

5 United States Code, is amended—

6 (1) in subsection (a)(2), by striking out ‘‘shall be

7 a doctor of medicine and shall be’’ and inserting in

8 lieu thereof ‘‘shall (except as provided in subsection

9 (d)(1)) be a doctor of medicine. The Under Secretary

10 shall be’’;

11 (2) in subsection (d)—

12 (A) by adding at the end of paragraph (1)

13 the following: ‘‘If at the time such a commission
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1 is established both the position of Deputy Under

2 Secretary for Health and the position of Associ3 ate Deputy Under Secretary for Health are held

4 by individuals who are doctors of medicine, the

5 individual appointed by the President as Under

6 Secretary for Health may be someone who is not

7 a doctor of medicine. In any case, the Secretary

8 shall develop, and shall furnish to the commis9 sion, specific criteria which the commission shall

10 use in evaluating individuals for recommenda11 tions under paragraph (3).’’;

12 (B) by redesignating paragraph (4) as

13 paragraph (5);

14 (C) by inserting after the first sentence of

15 paragraph (3) the following: ‘‘In a case in

16 which, pursuant to paragraph (1), the individ17 ual to be appointed as Under Secretary does not

18 have to be a doctor of medicine, the commission

19 may make recommendations without regard to

20 the requirement in subsection (a)(2)(A) that the

21 Under Secretary be appointed on the basis of

22 demonstrated ability in the medical profession.’’;

23 and
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1 (D) by designating the sentence beginning

2 ‘‘The commission shall submit’’ as paragraph

3 (4).

4 (b) DEPUTY AND ASSOCIATE DEPUTY UNDER SEC5 RETARY.—Section 7306 of such title is amended—

6 (1) in subsection (a), by inserting ‘‘(except as

7 provided in subsection (c))’’ in paragraphs (1) and

8 (2) after ‘‘and who shall’’;

9 (2) in subsection (c)—

10 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

11 (B) by adding at the end the following:

12 ‘‘(2) If at the time of the appointment of the Deputy

13 Under Secretary for Health under subsection (a)(1), both

14 the position of Under Secretary for Health and the position

15 of Associate Deputy Under Secretary for Health are held

16 by individuals who are doctors of medicine, the individual

17 appointed as Deputy Under Secretary for Health may be

18 someone who is not a doctor of medicine.

19 ‘‘(3) If at the time of the appointment of the Associate

20 Deputy Under Secretary for Health under subsection (a)(2),

21 both the position of Under Secretary for Health and the

22 position of Deputy Under Secretary for Health are held by

23 individuals who are doctors of medicine, the individual ap24 pointed as Associate Deputy Under Secretary for Health

25 may be someone who is not a doctor of medicine.’’.
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1 SEC. 2. REQUIREMENT RELATING TO MEMBERS OF COMMIS2 SION TO RECOMMEND APPOINTEES.

3 Section 305(d)(2) of title 38, United States Code, is

4 amended—

5 (1) by striking out ‘‘A commission’’ and insert6 ing in lieu thereof ‘‘(A) Subject to subparagraph (B),

7 a commission’’;

8 (2) by redesignating subparagraphs (A), (B),

9 (C), (D), (E), and (F) as clauses (i), (ii), (iii), (iv),

10 (v), and (vi), respectively; and

11 (3) by adding at the end the following new sub12 paragraph (B):

13 ‘‘(B) Not less than five of the members of the commis14 sion shall be doctors of medicine.’’.

Amend the amendment of the House to the title so

as to read: ‘‘An Act to amend title 38, United States

Code, to allow one of the three senior officials in the Veterans Health Administration of the Department of Veterans Affairs to be an individual who is not a doctor of

medicine, and for other purposes.’’.

Attest:

Secretary.