H. R. 3313
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend title 38, United States Code, to extend certain expiring veterans’ health
care programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans
Health Programs Extension Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—GENERAL MEDICAL AUTHORITIES
Sec. 101. Sexual trauma counseling and services.
Sec. 102. Research relating to women veterans.
Sec. 103. Extension of expiring authorities.
Sec. 104. Facilities in Republic of the Philippines.
Sec. 105. Savings provision.
TITLE II—CONSTRUCTION AUTHORIZATION
Sec. 201. Authorization of major medical facility projects and major medical facility
leases.
Sec. 202. Authorization of appropriations.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
38, United States Code.
TITLE I—GENERAL MEDICAL
AUTHORITIES
SEC. 101. SEXUAL TRAUMA COUNSELING AND SERVICES.
(a) AUTHORITY TO PROVIDE TREATMENT SERVICES FOR SEXUAL
TRAUMA; REPEAL OF LIMITATION ON TIME TO SEEK SERVICES.—
Subsection (a) of section 1720D is amended—
(1) by striking out paragraph (2); and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) During the period referred to in paragraph (1), the Sec-
retary may provide appropriate care and services to a veteran
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for an injury, illness, or other psychological condition that the
Secretary determines to be the result of a physical assault, battery,
or harassment referred to in that paragraph.’’.
(b) EXTENSION OF PERIOD OF AUTHORITY TO PROVIDE SEXUAL
TRAUMA SERVICES.—Such subsection is further amended—
(1) in paragraph (1), by striking out ‘‘December 31, 1995,’’
and inserting in lieu thereof ‘‘December 31, 1998,’’; and
(2) in paragraph (3), by striking out ‘‘December 31, 1994,’’
and inserting in lieu thereof ‘‘December 31, 1998,’’.
(c) REPEAL OF LIMITATION ON PERIOD OF RECEIPT OF SERV-
ICES.—Such section is further amended—
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as sub-
sections (b), (c), and (d), respectively.
(d) COORDINATION OF CARE.—Paragraph (1) of subsection (b)
of such section, as redesignated by subsection (c)(2), is amended
to read as follows:
‘‘(1) The Secretary shall give priority to the establishment and
operation of the program to provide counseling and care and services
under subsection (a). In the case of a veteran eligible for counseling
and care and services under subsection (a), the Secretary shall
ensure that the veteran is furnished counseling and care and serv-
ices under this section in a way that is coordinated with the furnish-
ing of such care and services under this chapter.’’.
(e) 
INCREASED
PRIORITY
OF
CARE.—Section 
1712(i) 
is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ after ‘‘To a veteran’’; and
(B) by inserting ‘‘, or (B) who is eligible for counseling
and care and services under section 1720D of this title,
for the purposes of such counseling and care and services’’
before the period at the end; and
(2) in paragraph (2)—
(A) by striking out ‘‘, (B)’’ and inserting in lieu thereof
‘‘or (B)’’; and
(B) by striking out ‘‘, or (C)’’ and all that follows
through ‘‘such counseling’’.
(f) 
PROGRAM
REVISION.—(1) 
Section 
1720D 
is 
further
amended—
(A) by striking out ‘‘woman’’ in subsection (a)(1);
(B) by striking out ‘‘women’’ in subsection (b)(2)(C) and
in the first sentence of subsection (c), as redesignated by sub-
section (c); and
(C) by striking out ‘‘women’’ in subsection (c)(2), as so
redesignated, and inserting in lieu thereof ‘‘individuals’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 1720D. Counseling and treatment for sexual trauma’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 17 is amended to read as follows:
‘‘1720D. Counseling and treatment for sexual trauma.’’.
(g) INFORMATION BY TELEPHONE.—(1) Paragraph (1) of section
1720D(c), as redesignated by subsection (c) of this section, is
amended to read as follows:
‘‘(1) shall include availability of a toll-free telephone num-
ber (commonly referred to as an 800 number); and’’.
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(2) In providing information on counseling available to veterans
as required under section 1720D(c)(1) of title 38, United States
Code (as amended by paragraph (1)), the Secretary of Veterans
Affairs shall ensure that the Department of Veterans Affairs person-
nel who provide assistance under such section are trained in the
provision to persons who have experienced sexual trauma of
information about the care and services relating to sexual trauma
that are available to veterans in the communities in which such
veterans reside, including care and services available under pro-
grams of the Department (including the care and services available
under section 1720D of such title) and from non-Department agen-
cies or organizations.
(3) The telephone assistance service shall be operated in a
manner that protects the confidentiality of persons who place calls
to the system.
(4) The Secretary shall ensure that information about the avail-
ability of the telephone assistance service is visibly posted in
Department medical facilities and is advertised through public serv-
ice announcements, pamphlets, and other means.
(5) Not later than 18 months after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the operation of the telephone assistance service required under
section 1720D(c)(1) of title 38, United States Code (as amended
by paragraph (1)). The report shall set forth the following:
(A) The number of persons who sought information during
the period covered by the report through a toll-free telephone
number regarding services available to veterans relating to
sexual trauma, with a separate display of the number of such
persons arrayed by State (as such term is defined in section
101(20) of title 38, United States Code).
(B) A description of the training provided to the personnel
who provide such assistance.
(C) The recommendations and plans of the Secretary for
the improvement of the service.
(h) CONFORMING
REPEAL.—Section 102(b) of the Veterans
Health Care Act of 1992 (Public Law 102–585; 106 Stat. 4946;
38 U.S.C. 1720D note) is repealed.
SEC. 102. RESEARCH RELATING TO WOMEN VETERANS.
(a) INCLUSION
OF
WOMEN
AND
MINORITIES
IN
CLINICAL
RESEARCH PROJECTS.—Section 7303 is amended—
(1) by transferring the text of subsection (c) to the end
of subsection (a)(1); and
(2) by striking out ‘‘(c)’’ and inserting in lieu thereof the
following:
‘‘(c)(1) In conducting or supporting clinical research, the Sec-
retary shall ensure that, whenever possible and appropriate—
‘‘(A) women who are veterans are included as subjects
in each project of such research; and
‘‘(B) members of minority groups who are veterans are
included as subjects of such research.
‘‘(2) In the case of a project of clinical research in which women
or members of minority groups will under paragraph (1) be included
as subjects of the research, the Secretary shall ensure that the
project is designed and carried out so as to provide for a valid
analysis of whether the variables being tested in the research
H. R. 3313—4
affect women or members of minority groups, as the case may
be, differently than other persons who are subjects of the research.’’.
(b) HEALTH RESEARCH.—(1) Such section is further amended
by adding after subsection (c), as added by subsection (a), the
following new subsection:
‘‘(d)(1) The Secretary, in carrying out the Secretary’s respon-
sibilities under this section, shall foster and encourage the initiation
and expansion of research relating to the health of veterans who
are women.
‘‘(2) In carrying out this subsection, the Secretary shall consult
with the following to assist the Secretary in setting research
priorities:
‘‘(A) Officials of the Department assigned responsibility
for women’s health programs and sexual trauma services.
‘‘(B) The members of the Advisory Committee on Women
Veterans.
‘‘(C) Members of appropriate task forces and working
groups within the Department (including the Women Veterans
Working Group and the Task Force on Treatment of Women
Who Suffer Sexual Abuse).’’.
(2) Section 109 of the Veterans Health Care Act of 1992 (Public
Law 102–585; 38 U.S.C. 7303 note) is repealed.
(c) POPULATION STUDY.—Section 110(a) of the Veterans Health
Care Act of 1992 (Public Law 102–585; 106 Stat. 4948) is amended
by adding at the end of paragraph (3) the following: ‘‘If it is
feasible to do so within the amounts available for the conduct
of the study, the Secretary shall ensure that the sample referred
to in paragraph (1) constitutes a representative sampling (as deter-
mined by the Secretary) of the ages, the ethnic, social and economic
backgrounds, the enlisted and officer grades, and the branches
of service of all veterans who are women.’’.
SEC. 103. EXTENSION OF EXPIRING AUTHORITIES.
(a) AUTHORITY TO PROVIDE PRIORITY HEALTH CARE FOR VETER-
ANS EXPOSED TO TOXIC SUBSTANCES.—Chapter 17 is amended—
(1) in section 1710(e)(3)—
(A) by striking out ‘‘June 30, 1994’’ and inserting in
lieu thereof ‘‘June 30, 1995’’; and
(B) by striking out ‘‘December 31, 1994’’ and inserting
in lieu thereof ‘‘December 31, 1995’’; and
(2) in section 1712(a)(1)(D), by striking out ‘‘December 31,
1994’’ and inserting in lieu thereof ‘‘December 31, 1995’’.
(b) DRUG
AND ALCOHOL ABUSE
AND DEPENDENCE.—Section
1720A(e) is amended by striking out ‘‘December 31, 1994’’ and
inserting in lieu thereof ‘‘December 31, 1995’’.
(c) PILOT PROGRAM FOR NONINSTITUTIONAL ALTERNATIVES TO
NURSING HOME CARE.—(1) Effective as of October 1, 1994, sub-
section (a) of section 1720C is amended by striking out ‘‘During
the four-year period beginning on October 1, 1990,’’ and inserting
in lieu thereof ‘‘During the period through September 30, 1995,’’.
(2) Such subsection is further amended by striking out ‘‘care
and who—’’ and inserting in lieu thereof ‘‘care. The Secretary shall
give priority for participation in such program to veterans
who—’’.
(d) ENHANCED-USE LEASES OF REAL PROPERTY.—Section 8169
is amended by striking out ‘‘December 31, 1994’’ and inserting
in lieu thereof ‘‘December 31, 1995’’.
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(e) AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL CARE FOR
HOMELESS CHRONICALLY MENTALLY ILL VETERANS AND OTHER VET-
ERANS.—Section 115(d) of the Veterans’ Benefits and Services Act
of 1988 (38 U.S.C. 1712 note) is amended by striking out ‘‘September
30, 1994’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
(f) DEMONSTRATION PROGRAM OF COMPENSATED WORK THER-
APY.—Section 7(a) of Public Law 102–54 (105 Stat. 269; 38 U.S.C.
1718 note) is amended by striking out ‘‘1994’’ and inserting in
lieu thereof ‘‘1995’’.
(g) REPORT DEADLINES.—Section 201(b) of the Department of
Veterans Affairs Nurse Pay Act of 1990 (Public Law 101–366;
38 U.S.C. 1720C note) is amended by striking out ‘‘February 1,
1994,’’ and inserting in lieu thereof ‘‘February 1, 1995,’’.
SEC. 104. FACILITIES IN REPUBLIC OF THE PHILIPPINES.
Notwithstanding section 1724 of title 38, United States Code,
the Secretary of Veterans Affairs may contract with facilities in
the Republic of the Philippines other than the Veterans Memorial
Medical Center to furnish, during the period from February 28,
1994, through June 1, 1994, hospital care and medical services
to veterans for nonservice-connected disabilities if such veterans
are unable to defray the expenses of necessary hospital care. When
the Secretary determines it to be most feasible, the Secretary may
provide medical services under the preceding sentence to such veter-
ans at the Department of Veterans Affairs Outpatient Clinic at
Manila, Republic of the Philippines.
SEC. 105. RATIFICATION OF ACTIONS DURING PERIOD OF LAPSED
AUTHORITY.
Any action of the Secretary of Veterans Affairs under section
1710(e) of title 38, United States Code, during the period beginning
on July 1, 1994, and ending on the date of the enactment of
this Act is hereby ratified.
TITLE II—CONSTRUCTION
AUTHORIZATION
SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS
AND MAJOR MEDICAL FACILITY LEASES.
(a) PROJECTS AUTHORIZED.—The Secretary of Veterans Affairs
may carry out the major medical facility projects for the Department
of Veterans Affairs, and may carry out the major medical facility
leases for that Department, for which funds are requested in the
budget of the President for fiscal year 1995. The authorization
in the preceding sentence applies to projects and leases which
have not been authorized, or for which funds have not been appro-
priated, in any fiscal year before fiscal year 1995 and to projects
and leases which have been authorized, or for which funds were
appropriated, in fiscal years before fiscal year 1995.
(b) ADDITIONAL PROJECTS.—(1) In addition to the projects
authorized in subsection (a), the Secretary may carry out the follow-
ing major medical facility projects in the amounts specified for
such projects:
(A) The projects that are proposed in the documents submit-
ted to Congress by the Secretary of Veterans Affairs in conjunc-
tion with the budget of the President for fiscal year 1995
H. R. 3313—6
to be financed with funds from the proposed Health Care Invest-
ment Fund.
(B) Construction of a nursing home facility at the Depart-
ment of Veterans Affairs Medical Center in Charleston, South
Carolina, in the amount of $7,300,000.
(C) Construction of an outpatient care addition at the
Department of Veterans Affairs medical center in Phoenix,
Arizona, in the amount of $50,000,000.
(D) A lease/purchase of a nursing home facility near Fort
Myers, Florida, in the amount of $12,800,000.
(2) The authorizations in paragraph (1) apply to projects which
have not been authorized, or for which funds have not been appro-
priated, in any fiscal year before fiscal year 1995 and to projects
which have been authorized, or for which funds were appropriated,
in fiscal years before fiscal year 1995.
(c) PROJECTS FOR WHICH FUNDS APPROPRIATED.—In addition
to the projects authorized in subsections (a) and (b), the Secretary
may carry out the following major medical facility projects for
which funds were appropriated in chapter 7 of the Emergency
Supplemental Appropriations Act of 1994 (title I of Public Law
103–211; 108 Stat. 10) in the amounts specified:
(1) Construction of an ambulatory care/support services
facility at the Department of Veterans Affairs Medical Center
in Sepulveda, California, $53,700,000.
(2) Other major medical facility projects required to repair,
restore, or replace earthquake-damaged facilities at the Depart-
ment of Veterans Affairs Medical Center in Sepulveda, Califor-
nia, $50,000,000.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 1995—
(1) $379,370,000 for the major medical facility projects
authorized in subsections (a), (b), and (c) of section 201; and
(2) $15,800,000 for the major medical facility leases author-
ized in section 201(a).
(b) LIMITATION.—The projects authorized in subsections (a) and
(b) of section 201 may only be carried out using—
(1) funds appropriated for fiscal year 1995 pursuant to
the authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1995 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1995 for a category of activity not specific to a
project.
(c) LIMITATION ON CERTAIN PROJECTS.—The projects authorized
in subsection (c) of section 201 may only be carried out using—
(1) funds appropriated to the Construction, Major Projects
account under chapter 7 of the Emergency Supplemental Appro-
priations Act of 1994 (title I of Public Law 103–211; 108 Stat.
10) and funds transferred by the President to the Construction,
Major Projects account pursuant to chapter 8 of that Act (108
Stat. 14);
(2) funds appropriated to the Medical Care account by
chapter 7 of the Emergency Supplemental Appropriations Act
H. R. 3313—7
of 1994 that are transferred to the Construction, Major Projects
account;
(3) funds appropriated to the Construction, Major Projects
account for a fiscal year before fiscal year 1995 that remain
available for obligation; and
(4) funds appropriated to the Construction, Major Projects
account for fiscal year 1995 for a category of activity not specific
to a project.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.