December 31, 1945 amendment. Ante, pp. 260, 639. To amend section 502 of the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes," approved October 14, 1940, as amended, to authorize an additional appropriation for the purpose of providing housing for distressed families of servicemen and for veterans and their families, and for other purposes. Resolved by the Senate and House of Representatives of the Defense housing, United States of America in Congress assembled, That section 502 of the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes", approved October 14, 1940, as amended, is amended to read as follows: Housing for veter ans, etc. Funds authorized. Stat. 361. 1125; 55 42 U. S. C. note prec. § 1501; Supp. restriction. relocation. Ante, p. 632. Transfer of certain Federal Agency struc "SEC. 502. (a) To carry out the purposes of this title V, and for administrative expenses in connection therewith, any funds made available under title I of this Act are hereby made available, and for such purposes there is also authorized to be appropriated the sum of $160,000,000: Provided, That none of the funds herein authorized to be used for the purposes of this title shall be used to construct any new temporary housing: And provided further, That any educational institution, State or political subdivision thereof, local public agency, or nonprofit organization which has incurred expenses in the relocation (including the costs of disassembling, transporting, site preparation, and re-erection but not including the costs of site acquisition or the installation of off-site utilities) of temporary housing or other facilities (but not including demountable houses) under the jurisdiction or control of the National Housing Administrator for re-use in providing temporary housing for distressed families of servicemen and for veterans and their families shall, upon application therefor, be reimbursed for such expenses by said Administrator out of the funds made available by the First Deficiency Appropriation Act, 1946 (H. R. 4805) to carry out the purpose of this title. "(b) Upon request of the National Housing Administrator, any tures, etc.; utilization. Federal agency having jurisdiction or control of structures or facilities (including lands, improvements, equipment, materials, or furnishings) which are no longer required by such agency and which, in the determination of said Administrator, can be utilized to provide temporary housing for distressed families of servicemen, for veterans and their families, or for single veterans attending educational institutions, in accordance with this title V, may, notwithstanding any other provisions of law, transfer such structures or facilities to said Administrator, without reimbursement, for such use. Transfer of temporary housing. 57 Stat. 388. IV, § 1553. "(c) Without regard to the provisions of any other law, but subject to the removal provisions of section 313 of said Act, said Admin42 U.S. C., Supp. istrator may transfer, for such consideration and subject to such terms and conditions as he deems feasible under the circumstances, any temporary housing (intact or in panels suitable for reuse) under his jurisdiction to any educational institution, State or political subdivision thereof, local public agency, or nonprofit organization, for use or reuse in producing temporary housing for families of servicemen, for veterans and their families, or, in the discretion of the Administrator, for single veterans attending educational institutions." Approved December 31, 1945. [CHAPTER 658] AN ACT To establish a Department of Medicine and Surgery in the Veterans' Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the medical service in the Veterans' Administration, as at present constituted, is hereby abolished and in its stead there is authorized and established in the Veterans' Administration a Department of Medicine and Surgery under a Chief Medical Director. The functions of the Department of Medicine and Surgery shall be those necessary for a complete medical and hospital service to be prescribed by the Administrator of Veterans' Affairs (hereinafter referred to as the Administrator) pursuant to this Act, other statutory authority and regulations established pursuant to law, for the medical care and treatment of veterans. SEC. 2. The Department of Medicine and Surgery shall include the following: Office of the Chief Medical Director, Medical Service, Dental Service, Nursing Service, and Auxiliary Service. SEC. 3. (a) The Office of the Chief Medical Director shall consist of the Chief Medical Director, one Deputy Medical Director, not to exceed eight Assistant Medical Directors, and such other personnel and employees as may be authorized by this Act. (b) The Chief Medical Director shall be the Chief of the Department of Medicine and Surgery and shall be directly responsible to the Administrator for the operations of the Department. He shall be a qualified doctor of medicine, appointed by the Administrator. During the period of his service as such, the Chief Medical Director shall be paid a salary of $12,000 a year. (c) The Deputy Medical Director shall be the principal assistant of the Chief Medical Director. He shall be a qualified doctor of medicine, appointed by the Administrator. During the period of his service as such, the Deputy Medical Director shall be paid a salary of $11,500 a year. (d) There may be not to exceed eight Assistant Medical Directors, appointed by the Administrator, who shall be paid a salary of $11,000 a year each: Provided, That one shall be a qualified doctor of dental surgery who shall be directly responsible to the Chief Medical Director for the operations of the Dental Service. (e) The Director and Deputy Director of Nursing Service shall be qualified registered nurses, appointed by the Administrator and shall be responsible to the Chief Medical Director for the operation of the Nursing Service. During the period of her service as such, the Director of Nursing Service shall be paid a salary of $8,000 a year and the Deputy Director shall be paid a salary of $7,000 a year. (f) The Administrator may appoint a chief pharmacist, a chief dietitian, a chief physical therapist, and a chief occupational therapist. During the period of his service as such, each chief shall be paid a salary of $6,000 a year. (g) Any appointment herein above provided shall be for a period of four years subject to removal by the Administrator for cause. (h) Reappointments may be made for successive like periods. SEO. 4. There shall be appointed by the Administrator additional personnel as he may find necessary for the medical care of veterans, as follows: (a) Doctors, dentists, and nurses; (b) Managers, pharmacists, physical therapists, occupational therapists, dietitians; scientific personnel, such as pathologists, bacteriologists, chemists, biostatisticians, and other medical and dental technologists. Conditions of eligi bility. Citizenship. Professional qualifi cations. Medical Service. Dental Service. Nursing Service. Auxiliary Service. Appointments while on terminal leave. Appointments nurses. of SEC. 5. Any person to be eligible for appointment in the Department of Medicine and Surgery must(a) Be a citizen of the United States. (b) In the Medical Service hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Administrator, have completed an internship satisfactory to the Administrator, and be licensed to practice medicine, surgery, or osteopathy in one of the States or Territories of the United States or in the District of Columbia. (c) In the Dental Service hold the degree of doctor of dental surgery from a college or university approved by the Administrator, and be licensed to practice dentistry in one of the States or Territories of the United States or in the District of Columbia. (d) In the Nursing Service have successfully completed a full course of nursing in a recognized school of nursing, approved by the Administrator, and be registered as a graduate nurse in one of the States or Territories of the United States or in the District of Columbia. (e) In the Auxiliary Service (1) manager of hospital, home, or center have such business and administrative experience and qualifications as the Administrator shall prescribe; (2) pharmacist— hold the degree of bachelor of science in pharmacy, or its equivalent, from a school of pharmacy approved by the Administrator, and be registered as a pharmacist in one of the States or Territories of the United States or in the District of Columbia; (3) physical therapists, occupational therapists, dietitians, and other auxiliary employees shall have such scientific or technical qualifications as the Administrator shall prescribe. (f) Persons may be appointed under this Act while on terminal leave from the armed forces and may be paid for their services rendered under such appointment notwithstanding any law or regulation to the contrary. SEC. 6. (a) Appointments of doctors, dentists, and nurses shall be doctors, dentists, and made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the Administrator, without regard to civil-service requirements. Probationary period. Separations. Promotions. Status of doctors, etc., in present Medical Service. Reinstatement in Federal civil service. Eligibility. (b) Such appointments as described in subsection (a) of this section shall be for a probationary period of three years and the record of each person serving under such appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the Administrator, and if said board shall find him not fully qualified and satisfactory he shall be separated from the service. (c) Promotions of doctors, dentists, and nurses shall be made only after examination given in accordance with regulations prescribed by the Administrator. Automatic promotions within grade may be made in increments of the minimum pay of the grade in accordance with regulations to be prescribed by the Administrator. (d) Doctors, dentists, and nurses in the present Medical Service shall be continued in their present positions until the Administrator shall have determined their qualifications as provided in subsection (a) of this section. (e) In determining eligibility for reinstatement in Federal civil service of persons appointed to positions in the Department of Medi cine and Surgery, who at the time of appointment shall have a civilservice status, and whose employment in the Department of Medicine and Surgery is terminated, the period of service performed in the Department of Medicine and Surgery shall be included in computing the period of service under Civil Service Rule IX, except that this subsection shall not be construed as authorizing restoration of any position abolished by section 1 of this Act. SEC. 7. (a) The grades and per annum full-pay ranges for positions provided in subsection (a) of section 4 of this Act shall be as follows: MEDICAL SERVICE Chief grade, $8,750 minimum to $9,800 maximum. DENTAL SERVICE Senior grade, $7,175 minimum to $8,225 maximum. NURSING SERVICE Assistant Director, $5,180 minimum to $6,020 maximum. (b) Notwithstanding any law, Executive order, or regulation, the Administrator shall prescribe by regulation the hours and conditions of employment and leaves of absence of doctors, dentists, and nurses. SEC. 8. (a) Within the restrictions herein imposed, the Chief Medical Director may rate any doctor appointed under subsection (a) of section 4 of this Act as a medical or surgical specialist: Provided, That no person shall at any one time hold more than one such rating. (b) No person may be rated as a medical or surgical specialist unless he is certified as a specialist by an American specialty board, recognized by the Administrator where such boards exist; or if no such boards exist, he has been examined and found qualified by a board appointed by the Chief Medical Director from specialists of the Department of Medicine and Surgery holding ratings in the specialty to which the candidate aspires: Provided, That, whenever there are insufficient specialists, rated in the proper specialty, who are readily available to constitute such a board, the Chief Medical Director may substitute consultants with comparable qualifications employed under section 14 of this Act. (c) Any person, rated as a medical or surgical specialist under the provisions of this section shall retain such rating until it shall be withdrawn by the Chief Medical Director: Provided, That the Chief Medical Director shall not withdraw any such rating until it shall have been determined by a board of specialists that the person holding such rating is no longer qualified in his specialty. Grades and per annum full-pay. Conditions of employment. Medical or surgical specialist. Requirement as to certification, etc. Consultants. Post, p. 679. Retention of rating. Allowance addi (d) Any person, rated as a medical or surgical specialist under the tional to basic pay. provisions of this section, shall receive, in addition to his basic pay, Retirement. an allowance equal to 25 percent of such pay: Provided, That in no event shall the pay plus the allowance authorized by this subscription exceed $11,000 per annum. SEC. 9. Persons appointed to the Department of Medicine and Surgery shall be subject to the provisions of and entitled to the benefits St., Supp. under the Civil Service Retirement Act of May 22, 1920, as amended (5 U. S. C. 691 and the following). 41 614. 5 U. IV, § 691 et seq. Ante, pp. 577, 621. Ante, p. 675. Oaths. Investigators. Counsel. Recommendation of board. ees. Additional employ Ante, p. 675. Post, p. 679. of Medical Service. SEC. 10. (a) The Chief Medical Director, under such regulations as the Administrator shall prescribe, shall from time to time appoint boards to be known as disciplinary boards, each such board to consist of not less than three nor more than five employees, senior in grade, of the Department of Medicine and Surgery, to determine, upon notice and fair hearing, charges of inaptitude, inefficiency, or misconduct of any person employed in a position provided in subsection (a) of sec tion 4 of this Act. (b) The Administrator shall appoint the chairman and secretary of the board, each of whom shall have authority to administer oaths. (c) The Chief Medical Director may designate or appoint one or more investigators, to assist each disciplinary board in the collection and presentation of evidence. Any person answering to charges before a disciplinary board may be represented by counsel of his own choosing. (d) A disciplinary board, when in its judgment charges are sustained, shall recommend to the Administrator suitable disciplinary action, within limitations prescribed by the Administrator, which shall include reprimand, suspension without pay, reduction in grade, and discharge from the Department of Medicine and Surgery of such person. The Administrator shall either approve the recommendation of the board, approve such recommendation with modification or exception, approve such recommendation and suspend further action at the time, or disapprove such recommendation. He shall cause to be executed such action as he approves. The decision of the Administrator shall be final. SEC. 11. There shall be appointed by the Administrator under civil-service laws, rules, and regulations, such additional employees, other than those provided in section 3, subsection (a) of section 4, and those specified in section 14 of this Act as may be necessary to Present employees carry out the provisions of this Act: Provided, That employees of the Medical Service as at present constituted, other than those provided in section 3, subsection (a) of section 4, and section 14 of this Act, shall receive original appointments to the Department of Medicine and Surgery in their present civil-service status upon certification of satisfactory service by the manager of the hospital, home, or center where such person is presently employed: And provided further, That the per annum salary range for hospital attendants shall be $1,572 minimum to $1,902 maximum. Special medical advisory group. Expenses authorized. SEC. 12. The Administrator shall establish a special medical advisory group composed of members of the medical and allied scientific professions, nominated by the Chief Medical Director, whose duties shall be to advise the Administrator, through the Chief Medical Director, and the Chief Medical Director direct, relative to the care and treatment of disabled veterans, and other matters pertinent to the Department of Medicine and Surgery. The special medical advisory group shall conduct regular calendar quarterly meetings. The number, terms of service, compensation, and allowances to members of such advisory group shall be in accord with existing law and regulations. SEC. 13. (a) The expenses, except membership fees, of employees described in section 3 and subsection (a) of section 4 of this Act |