IIA

104TH CONGRESS

1ST SESSION H. R. 2353

IN THE SENATE OF THE UNITED STATES

OCTOBER 18, 1995

Received; read twice and referred to the Committee on Veterans’ Affairs

AN ACT

To amend title 38, United States Code, to extend certain

expiring authorities of the Department of Veterans Affairs relating to delivery of health and medical care,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DE2 PARTMENT OF VETERANS AFFAIRS.

3 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR

4 PERSIAN GULF VETERANS EXPOSED TO TOXIC SUB5 STANCES.—(1) Section 1710(e)(3) of title 38, United

6 States Code, is amended by striking out ‘‘December 31,

7 1995’’ and inserting in lieu thereof ‘‘December 31, 1998’’.

8 (2) Section 1712(a)(1)(D) of such title is amended

9 by striking out ‘‘December 31, 1995’’ and inserting in lieu

10 thereof ‘‘December 31, 1998’’.

11 (b) CONTRACT AUTHORITY FOR ALCOHOL AND DRUG

12 ABUSE CARE.—Subsection (e) of section 1720A of such

13 title is amended by striking out ‘‘December 31, 1995’’ and

14 inserting in lieu thereof ‘‘December 31, 1997’’.

15 (c) NURSING HOME CARE ALTERNATIVES.—(1) Sec16 tion 1720C(a) of such title is amended by striking out

17 ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘De18 cember 31, 1997’’.

19 (2) The Secretary of Veterans Affairs shall submit

20 to Congress, not later than March 31, 1997, a report on

21 the medical efficacy and cost effectiveness, and disadvan22 tages and advantages, associated with the use by the Sec23 retary of noninstitutional alternatives to nursing home

24 care.

25 (d) HEALTH SCHOLARSHIPS PROGRAM.—(1) Section

26 7618 of such title is amended by striking out ‘‘December
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1 31, 1995’’ and inserting in lieu thereof ‘‘December 31,

2 1997’’.

3 (2)(A) The Secretary of Veterans Affairs shall submit

4 to Congress, not later than March 31, 1997, a report set5 ting forth the results of a study evaluating the operation

6 of the health professional scholarship program under sub7 chapter II of chapter 76 of title 38, United States Code.

8 The study shall evaluate the efficacy of the program with

9 respect to recruitment and retention of health care person10 nel for the Department of Veterans Affairs and shall com11 pare the costs and benefits of the program with the costs

12 and benefits of alternative methods of ensuring adequate

13 recruitment and retention of such personnel.

14 (B) The Secretary shall carry out the study under

15 this paragraph through a private contractor. The report

16 under subparagraph (A) shall include the report of the

17 contractor and the comments, if any, of the Secretary on

18 that report.

19 (e) ENHANCED-USE LEASES OF REAL PROPERTY.—

20 (1) Section 8169 of such title is amended by striking out

21 ‘‘December 31, 1995’’ and inserting in lieu thereof ‘‘De22 cember 31, 1997’’.

23 (2) The Secretary of Veterans Affairs shall submit

24 to Congress, not later than March 31, 1997, a report eval-
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1 uating the operation of the program under subchapter V

2 of chapter 81 of title 38, United States Code.

3 (f) COMMUNITY-BASED RESIDENTIAL CARE FOR

4 HOMELESS CHRONICALLY MENTALLY ILL VETERANS.—

5 Section 115(d) of the Veterans’ Benefits and Services Act

6 of 1988 (Public Law 100–322; 38 U.S.C. 1712 note) is

7 amended by striking out ‘‘September 30, 1995’’ and in8 serting in lieu thereof ‘‘December 31, 1997’’.

9 (g) DEMONSTRATION PROGRAM OF COMPENSATED

10 WORK THERAPY AND THERAPEUTIC TRANSITIONAL

11 HOUSING.—Section 7 of Public Law 102–54 (38 U.S.C.

12 1718 note) is amended—

13 (1) in subsection (a), by striking out ‘‘During

14 fiscal years 1991 through 1995, the Secretary’’ and

15 inserting in lieu thereof ‘‘The Secretary’’; and

16 (2) by adding at the end the following:

17 ‘‘(m) SUNSET.—The authority for the demonstration

18 program under this section expires on December 31,

19 1997.’’.

20 (h) HOMELESS VETERANS PILOT PROGRAM.—The

21 Homeless Veterans Comprehensive Service Programs Act

22 of 1992 (Public Law 102–590) is amended as follows:

23 (1) Section 2(a) (38 U.S.C. 7721 note) is

24 amended by striking out ‘‘September 30, 1995’’ and

25 inserting in lieu thereof ‘‘December 31, 1998’’.
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1 (2) Section 3(a) (38 U.S.C. 7721 note) is

2 amended by striking out ‘‘, during fiscal years 1993,

3 1994, and 1995,’’.

4 (3) Section 12 (38 U.S.C. 7721 note) is amend5 ed by striking out ‘‘each of the fiscal years 1993,

6 1994, and 1995’’ and inserting in lieu thereof ‘‘each

7 fiscal year through 1998’’.

8 SEC. 2. REPORTS.

9 (a) REPORT ON CONSOLIDATION OF CERTAIN PRO10 GRAMS.—The Secretary of Veterans Affairs shall submit

11 to Congress, not later than March 1, 1997, a report on

12 the advantages and disadvantages of consolidating into

13 one program the following three programs:

14 (1) The alcohol and drug abuse contract care

15 program under section 1720A of title 38, United

16 States Code.

17 (2) The program to provide community-based

18 residential care to homeless chronically mentally ill

19 veterans under section 115 of the Veterans’ Benefits

20 and Services Act of 1988 (38 U.S.C. 1712 note).

21 (3) The demonstration program under section 7

22 of Public Law 102–54 (38 U.S.C. 1718 note).

23 (b) REPORT ON SCIENTIFIC EVIDENCE CONCERNING

24 HEALTH CONSEQUENCES OF MILITARY SERVICE IN PER25 SIAN GULF WAR.—(1) The Secretary of Veterans Affairs
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1 shall, in consultation with the National Academy of

2 Sciences and with officials of other appropriate Federal

3 departments and agencies, review the scientific evidence,

4 and assess the strength of such evidence, concerning asso5 ciation between military service in the Southwest Asia the6 ater of operations during the Persian Gulf War and any

7 disease that may be associated with such service.

8 (2) The Secretary shall, not later than March 1,

9 1998, submit to the Committees on Veterans’ Affairs of

10 the Senate and the House of Representatives a report on

11 the findings of the review and assessment under para12 graph (1).

13 SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VET14 ERANS MEMORIAL MEDICAL CENTER IN THE

15 PHILIPPINES.

16 (a) REPEAL.—Section 1732 of title 38, United States

17 Code, is amended—

18 (1) by striking out subsection (b);

19 (2) by redesignating subsection (c) as sub20 section (b) and striking out ‘‘or grant’’ both places

21 it appears in that subsection; and

22 (3) by redesignating subsection (d) as sub23 section (c) and striking out ‘‘and to make grants’’

24 in that subsection.
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1 (b) CLERICAL AMENDMENTS.—(1) The heading of

2 such section is amended by striking out ‘‘and grants’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 17 of such title is

5 amended by striking out ‘‘and grants’’.

6 SEC. 4. DISPLAY OF POW/MIA FLAG AT DEPARTMENT OF

7 VETERANS AFFAIRS MEDICAL CENTERS.

8 (a) DAILY DISPLAY OF FLAG.—Subsection (a) of sec9 tion 1084 of the National Defense Authorization Act for

10 Fiscal Years 1992 and 1993 (Public Law 102–190; 36

11 U.S.C. 189 note) is amended—

12 (1) by striking out ‘‘and’’ at the end of para13 graph (1);

14 (2) by striking out the period at the end of

15 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

16 and

17 (3) by adding at the end the following:

18 ‘‘(3) on, or on the grounds of, each Department

19 of Veterans Affairs medical center (except as pro20 vided in subsection (e)), on every day on which the

21 flag of the United States is displayed.’’.

22 (b) EXCEPTION FOR CERTAIN DEPARTMENT OF VET23 ERANS AFFAIRS MEDICAL CENTERS.—Such section is fur24 ther amended—
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1 (1) by redesignating subsection (e) as sub2 section (f); and

3 (2) by inserting after subsection (d) the follow4 ing new subsection (e):

5 ‘‘(e) SPECIAL RULE FOR DISPLAY AT DEPARTMENT

6 OF VETERANS AFFAIRS MEDICAL CENTERS.—(1) Upon

7 a determination by the director of a Department of Veter8 ans Affairs medical center that the daily display of the

9 POW/MIA flag at that medical center may be detrimental

10 to the treatment of patients at that center, the provisions

11 of subsection (a)(3) shall be inapplicable with respect to

12 that medical center.

13 ‘‘(2) Whenever the director of a Department of Veter14 ans Affairs medical center makes a determination de15 scribed in paragraph (1), that officer shall submit a report

16 on such determination, including the basis for the deter17 mination, to the Under Secretary for Health of the De18 partment of Veterans Affairs.’’.

19 (c) PROCUREMENT AND DISTRIBUTION OF FLAGS.—

20 (1) Subsection (c) of such section is amended by striking

21 out ‘‘Within 30 days after the date of the enactment of

22 this Act, the Administrator’’ and inserting in lieu thereof

23 ‘‘The Administrator’’.

24 (2) The Administrator of General Services shall carry

25 out subsection (c) of section 1084 of the National Defense
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1 Authorization Act for Fiscal Years 1992 and 1993 (Public

2 Law 102–190; 36 U.S.C. 189 note) with respect to the

3 procurement and distribution of POW/MIA flags for the

4 purposes of paragraph (3) of subsection (a) of such section

5 (as added by subsection (a) of this section) within 30 days

6 after the date of the enactment of this Act.

7 SEC. 5. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY ME8 MORIAL HOSPITAL.

9 (a) AUTHORITY TO CONTRACT.—Subject to sub10 section (b), the Secretary of Veterans Affairs may enter

11 into contracts for the provision of utilities (including

12 steam and chilled water) to the Audie L. Murphy Memo13 rial Hospital in San Antonio, Texas. Each such contract

14 may—

15 (1) be for a period not to exceed 35 years;

16 (2) provide for the construction and operation

17 of a production facility on or near property under

18 the jurisdiction of the Secretary;

19 (3) require capital contributions by the parties

20 involved for the construction of such a facility, such

21 contribution to be in the form of cash, equipment,

22 or other in-kind contribution; and

23 (4) provide for a predetermined formula to

24 compute the cost of providing such utilities to the

25 parties for the duration of the contract.
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1 (b) FUNDS.—A contract may be entered into under

2 subsection (a) only to the extent as provided for in ad3 vance in appropriations Acts.

4 (c) ADDITIONAL TERMS.—The Secretary may include

5 in a contract under subsection (a) such additional provi6 sions as the Secretary considers necessary to secure the

7 provision of utilities and to protect the interests of the

8 United States.

9 SEC. 6. NAME OF DEPARTMENT OF VETERANS AFFAIRS

10 MEDICAL CENTER, WALLA WALLA, WASHING11 TON.

12 The Department of Veterans Affairs Medical Center

13 located at 77 Wainwright Drive, Walla Walla, Washing14 ton, shall after the date of the enactment of this Act be

15 known and designated as the ‘‘Jonathan M. Wainwright

16 Department of Veterans Affairs Medical Center’’. Any ref17 erence to that medical center in any law, regulation, map,

18 document, paper, or other record of the United States

19 shall be considered to be a reference to the Jonathan M.

20 Wainwright Department of Veterans Affairs Medical

21 Center.

Passed the House of Representatives October 17,

1995.

Attest: ROBIN H. CARLE,

Clerk.