Union Calendar No. 144

104TH CONGRESS

1ST SESSION H. R. 2353

[Report No. 104–275]

A BILL

To amend title 38, United States Code, to extend

and medical care, and for other purposes.Veterans Affairs relating to delivery of healthcertain expiring authorities of the Department of

OCTOBER 12, 1995

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 144

104TH CONGRESS

1ST SESSION H. R. 2353

[Report No. 104–275]

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.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 1995

Mr. HUTCHINSON (for himself, Mr. EDWARDS, Mr. STUMP, and Mr. MONTGOMERY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

OCTOBER 12, 1995

Additional sponsors: Mr. FLANAGAN, Mr. BISHOP, Mr. SMITH of New Jersey,

Mr. BILIRAKIS, Ms. BROWN of Florida, Mr. WELLER, Mr. CLEMENT, and

Mr. BARR of Georgia

OCTOBER 12, 1995

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

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

[Omit the part struck through and insert the part printed in italic]

A BILL

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.
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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. EXTENSION OF EXPIRING AUTHORITIES OF DE4 PARTMENT OF VETERANS AFFAIRS.

5 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR

6 PERSIAN GULF VETERANS EXPOSED TO TOXIC SUB7 STANCES.—(1) Section 1710(e)(3) of title 38, United

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

9 1995’’ and inserting in lieu thereof ‘‘December 31, 1998’’.

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

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

12 thereof ‘‘December 31, 1998’’.

13 (b) CONTRACT AUTHORITY FOR ALCOHOL AND DRUG

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

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

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

17 (c) NURSING HOME CARE ALTERNATIVES.—(1) Sec18 tion 1720C(a) of such title is amended by striking out

19 ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘De20 cember 31, 1997’’.

21 (2) The Secretary of Veterans Affairs shall submit

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

23 the medical efficacy and cost effectiveness, and disadvan24 tages and advantages, associated with the use by the Sec-
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1 retary of noninstitutional alternatives to nursing home

2 care.

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

4 7618 of such title is amended by striking out ‘‘December

5 31, 1995’’ and inserting in lieu thereof ‘‘December 31,

6 1997’’.

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

8 to Congress, not later than March 31, 1997, a report set9 ting forth the results of a study evaluating the operation

10 of the health professional scholarship program under sub11 chapter II of chapter 76 of title 38, United States Code.

12 The study shall evaluate the efficacy of the program with

13 respect to recruitment and retention of health care person14 nel for the Department of Veterans Affairs and shall com15 pare the costs and benefits of the program with the costs

16 and benefits of alternative methods of ensuring adequate

17 recruitment and retention of such personnel.

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

19 this paragraph through a private contractor. The report

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

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

22 that report.

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

24 (1) Section 8169 of such title is amended by striking out
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1 ‘‘December 31, 1995’’ and inserting in lieu thereof ‘‘De2 cember 31, 1997’’.

3 (2) The Secretary of Veterans Affairs shall submit

4 to Congress, not later than March 31, 1997, a report eval5 uating the operation of the program under subchapter V

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

7 (f) COMMUNITY-BASED RESIDENTIAL CARE FOR

8 HOMELESS CHRONICALLY MENTALLY ILL VETERANS.—

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

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

11 amended by striking out ‘‘September 30, 1995’’ and in12 serting in lieu thereof ‘‘December 31, 1997’’.

13 (g) DEMONSTRATION PROGRAM OF COMPENSATED

14 WORK THERAPY AND THERAPEUTIC TRANSITIONAL

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

16 1718 note) is amended—

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

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

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

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

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

22 program under this section expires on December 31,

23 1997.’’.
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1 (h) HOMELESS VETERANS PILOT PROGRAM.—The

2 Homeless Veterans Comprehensive Service Programs Act

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

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

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

6 inserting in lieu thereof ‘‘December 31, 1998’’.

7 (2) Section 3(a) (38 U.S.C. 7721 note) is

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

9 1994, and 1995,’’.

10 (3) Section 12 (38 U.S.C. 7721 note) is amend11 ed by striking out ‘‘each of the fiscal years 1993,

12 1994, and 1995’’ and inserting in lieu thereof ‘‘each

13 fiscal year through 1998’’.

14 SEC. 2. REPORTS.

15 (a) REPORT ON CONSOLIDATION OF CERTAIN PRO16 GRAMS.—The Secretary of Veterans Affairs shall submit

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

18 the advantages and disadvantages of consolidating into

19 one program the following three programs:

20 (1) The alcohol and drug abuse contract care

21 program under section 1720A of title 38, United

22 States Code.

23 (2) The program to provide community-based

24 residential care to homeless chronically mentally ill
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1 veterans under section 115 of the Veterans’ Benefits

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

3 (3) The demonstration program under section 7

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

5 (b) REPORT ON SCIENTIFIC EVIDENCE CONCERNING

6 HEALTH CONSEQUENCES OF MILITARY SERVICE IN PER7 SIAN GULF WAR.—(1) The Secretary of Veterans Affairs

8 shall, in consultation with the National Academy of

9 Sciences and with officials of other appropriate Federal

10 departments and agencies, review the scientific evidence,

11 and assess the strength of such evidence, concerning asso12 ciation between military service in the Southwest Asia the13 ater of operations during the Persian Gulf War and any

14 disease that may be associated with such service.

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

16 1998, submit to the Committees on Veterans’ Affairs of

17 the Senate and the House of Representatives a report on

18 the findings of the review and assessment under para19 graph (1).

20 SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VET21 ERANS MEMORIAL MEDICAL CENTER IN THE

22 PHILIPPINES.

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

24 Code, is amended—

25 (1) by striking out subsection (b);
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1 (2) by redesignating subsection (c) as sub2 section (b) and striking out ‘‘or grant’’ both places

3 it appears in that subsection; and

4 (3) by redesignating subsection (d) as sub5 section (c) and striking out ‘‘and to make grants’’

6 in that subsection.

7 (b) CLERICAL AMENDMENTS.—(1) The heading of

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

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

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

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

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

13 VETERANS AFFAIRS MEDICAL CENTERS.

14 (a) DAILY DISPLAY OF FLAG.—Subsection (a) of sec15 tion 1084 of the National Defense Authorization Act for

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

17 U.S.C. 189 note) is amended—

18 (1) by striking out ‘‘and’’ at the end of para19 graph (1);

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

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

22 and

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

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

25 of Veterans Affairs medical center (except as pro-
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1 vided in subsection (e)), on every day on which the

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

3 (b) EXCEPTION FOR CERTAIN DEPARTMENT OF VET4 ERANS AFFAIRS MEDICAL CENTERS.—Such section is fur5 ther amended—

6 (1) by redesignating subsection (e) as subsection

7 (f); and

8 (2) by inserting after subsection (d) the following

9 new subsection (e):

10 ‘‘(e) SPECIAL RULE FOR DISPLAY AT DEPARTMENT OF

11 VETERANS AFFAIRS MEDICAL CENTERS.—(1) Upon a de12 termination by the director of a Department of Veterans

13 Affairs medical center that the daily display of the POW/

14 MIA flag at that medical center may be detrimental to the

15 treatment of patients at that center, the provisions of sub16 section (a)(3) shall be inapplicable with respect to that med17 ical center.

18 ‘‘(2) Whenever the director of a Department of Veter19 ans Affairs medical center makes a determination described

20 in paragraph (1), that officer shall submit a report on such

21 determination, including the basis for the determination,

22 to the Under Secretary for Health of the Department of Vet23 erans Affairs.’’.

24 (b) (c) PROCUREMENT AND DISTRIBUTION OF

25 FLAGS.—(1) Subsection (c) of such section is amended by
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1 striking out ‘‘Within 30 days after the date of the enact2 ment of this Act, the Administrator’’ and inserting in lieu

3 thereof ‘‘The Administrator’’.

4 (2) The Administrator of General Services shall carry

5 out subsection (c) of section 1084 of the National Defense

6 Authorization Act for Fiscal Years 1992 and 1993 (Public

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

8 procurement and distribution of POW/MIA flags for the

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

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

11 after the date of the enactment of this Act.

12 SEC. 5. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY ME13 MORIAL HOSPITAL.

14 (a) AUTHORITY TO CONTRACT.—Subject to sub15 section (b), the Secretary of Veterans Affairs may enter

16 into contracts for the provision of utilities (including

17 steam and chilled water) to the Audie L. Murphy Memo18 rial Hospital in San Antonio, Texas. Each such contract

19 may—

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

21 (2) provide for the construction and operation

22 of a production facility on or near property under

23 the jurisdiction of the Secretary;

24 (3) require capital contributions by the parties

25 involved for the construction of such a facility, such
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1 contribution to be in the form of cash, equipment,

2 or other in-kind contribution; and

3 (4) provide for a predetermined formula to

4 compute the cost of providing such utilities to the

5 parties for the duration of the contract.

6 (b) FUNDS.—A contract may be entered into under

7 subsection (a) only to the extent that appropriations are

8 available.

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

10 in a contract under subsection (a) such additional provi11 sions as the Secretary considers necessary to secure the

12 provision of utilities and to protect the interests of the

13 United States.

14 SEC. 6. NAME OF DEPARTMENT OF VETERANS AFFAIRS

15 MEDICAL CENTER, WALLA WALLA, WASHING16 TON.

17 The Department of Veterans Affairs Medical Center

18 located at 77 Wainwright Drive, Walla Walla, Washing19 ton, shall after the date of the enactment of this Act be

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

21 Department of Veterans Affairs Medical Center’’. Any ref22 erence to that medical center in any law, regulation, map,

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

24 shall be considered to be a reference to the Jonathan M.
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1 Wainwright Department of Veterans Affairs Medical

2 Center.