In the House of Representatives, U. S.,
October 7, 1994.
Resolved, That the House agree to the amendments of
the Senate to the bill (H.R. 3313) entitled ‘‘An Act to amend
title 38, United States Code, to improve health care services
of the Department of Veterans Affairs relating to women vet-
erans, to extend and expand authority for the Secretary of
Veterans Affairs to provide priority health care to veterans
who were exposed to ionizing radiation or to Agent Orange,
to expand the scope of services that may be provided to veter-
ans through Vet Centers, and for other purposes’’, with the
following
AMENDMENTS:
In lieu of the matter proposed to be inserted by said
amendment to the text, insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans 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 fa-
cility 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 follow-
ing new paragraph (2):
‘‘(2) During the period referred to in paragraph (1),
the Secretary may provide appropriate care and services
to a veteran 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 PRO-
VIDE SEXUAL TRAUMA SERVICES.—Such subsection is fur-
ther 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 SERVICES.—Such section is further amended—
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(d) COORDINATION OF CARE.—Paragraph (1) of sub-
section (b) of such section, as redesignated by subsection
(c)(2), is amended to read as follows:
‘‘(1) The Secretary shall give priority to the establish-
ment 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 services under this
section in a way that is coordinated with the furnishing
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 coun-
seling 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 subsection (c); and
(C) by striking out ‘‘women’’ in subsection
(c)(2), as so redesignated, and inserting in lieu there-
of ‘‘individuals’’.
(2)(A) The heading of such section is amended to read
as follows:
‘‘§ 1720D. Counseling and treatment for sexual trau-
ma’’.
(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 tele-
phone number (commonly referred to as an 800 num-
ber); and’’.
(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 Depart-
ment of Veterans Affairs personnel 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 vet-
erans reside, including care and services available under
programs of the Department (including the care and serv-
ices available under section 1720D of such title) and from
non-Department agencies 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 availability of the telephone assistance service is visibly
posted in Department medical facilities and is advertised
through public service announcements, pamphlets, and
other means.
(5) Not later than 18 months after the date of the en-
actment 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 informa-
tion during the period covered by the report through
a toll free telephone number regarding services avail-
able to veterans relating to sexual trauma, with a sep-
arate 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 Sec-
retary for the improvement of the service.
(h) CONFORMING REPEAL.—Section 102(b) of the Vet-
erans 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 CLINI-
CAL 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 Secretary shall ensure that, whenever possible and ap-
propriate—
‘‘(A) women who are veterans are included as
subjects in each project of such research; and
‘‘(B) members of minority groups who are veter-
ans 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 car-
ried out so as to provide for a valid analysis of whether
the variables being tested in the research 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 sub-
section (a), the following new subsection:
‘‘(d)(1) The Secretary, in carrying out the Secretary’s
responsibilities under this section, shall foster and encour-
age 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 re-
sponsibility 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 re-
pealed.
(c) POPULATION STUDY.—Section 110(a) of the Veter-
ans 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 Sec-
retary shall ensure that the sample referred to in paragraph
(1) constitutes a representative sampling (as determined 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 VETERANS EXPOSED TO TOXIC SUBSTANCES.—Chap-
ter 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 ALTER-
NATIVES TO NURSING HOME CARE.—(1) Effective as of Oc-
tober 1, 1994, subsection (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 pro-
gram 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’’.
(e) AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL
CARE FOR HOMELESS CHRONICALLY MENTALLY ILL VET-
ERANS AND OTHER VETERANS.—Section 115(d) of the Vet-
erans’ 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 THERAPY.—Sction 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 De-
partment of Veterans Affairs Nurse Pay Act of 1990 (Public
Law 101–366; 38 U.S.C. 1720C note) is amended by strik-
ing 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, hos-
pital 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 Clin-
ic 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 Veter-
ans 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 Depart-
ment, for which funds are requested in the budget of the
President for fiscal year 1995. The authorization in the pre-
ceding sentence applies to projects and leases which have
not been authorized, or for which funds have not been ap-
propriated, 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 following major medical facility projects in
the amounts specified for such projects:
(A) The projects that are proposed in the docu-
ments submitted to Congress by the Secretary of Vet-
erans Affairs in conjunction with the budget of the
President for fiscal year 1995 to be financed with
funds from the proposed Health Care Investment
Fund.
(B) Construction of a nursing home facility at
the Department 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 appropriated, 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 medi-
cal facility projects for which funds were appropriated in
chapter 7 of the Emergency Supplemental Appropriations
(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 car-
ried out using—
(1) funds appropriated to the Construction,
Major Projects account under chapter 7 of the Emer-
gency Supplemental Appropriations 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 ac-
count by chapter 7 of the Emergency Supplemental
Appropriations Act 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 cat-
egory of activity not specific to a project.
Amend the title so as to read: ‘‘An Act to amend
title 38, United States Code, to extend certain expiring
veterans’ health care programs, and for other purposes’’.
Passed the House of Representatives October 7,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 3313
AMENDMENTS
TO
SENATE AMENDMENTS