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
certain expiring authorities of the Department of
Veterans Affairs relating to delivery of health
and medical care, and for other purposes.
OCTOBER 12, 1995
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
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. MONT-
GOMERY) introduced the following bill; which was referred to the Commit-
tee 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 Af-
fairs relating to delivery of health and medical care,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DE-
PARTMENT OF VETERANS AFFAIRS.
(a) HOSPITAL CARE AND MEDICAL SERVICES FOR
PERSIAN GULF VETERANS EXPOSED
TO TOXIC SUB-
STANCES.—(1) Section 1710(e)(3) of title 38, United
States Code, is amended by striking out ‘‘December 31,
1995’’ and inserting in lieu thereof ‘‘December 31, 1998’’.
(2) Section 1712(a)(1)(D) of such title is amended
by striking out ‘‘December 31, 1995’’ and inserting in lieu
thereof ‘‘December 31, 1998’’.
(b) CONTRACT AUTHORITY FOR ALCOHOL AND DRUG
ABUSE CARE.—Subsection (e) of section 1720A of such
title is amended by striking out ‘‘December 31, 1995’’ and
inserting in lieu thereof ‘‘December 31, 1997’’.
(c) NURSING HOME CARE ALTERNATIVES.—(1) Sec-
tion 1720C(a) of such title is amended by striking out
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘De-
cember 31, 1997’’.
(2) The Secretary of Veterans Affairs shall submit
to Congress, not later than March 31, 1997, a report on
the medical efficacy and cost effectiveness, and disadvan-
tages and advantages, associated with the use by the Sec-
retary of noninstitutional alternatives to nursing home
care.
(d) HEALTH SCHOLARSHIPS PROGRAM.—(1) Section
7618 of such title is amended by striking out ‘‘December
31, 1995’’ and inserting in lieu thereof ‘‘December 31,
1997’’.
(2)(A) The Secretary of Veterans Affairs shall submit
to Congress, not later than March 31, 1997, a report set-
ting forth the results of a study evaluating the operation
of the health professional scholarship program under sub-
chapter II of chapter 76 of title 38, United States Code.
The study shall evaluate the efficacy of the program with
respect to recruitment and retention of health care person-
nel for the Department of Veterans Affairs and shall com-
pare the costs and benefits of the program with the costs
and benefits of alternative methods of ensuring adequate
recruitment and retention of such personnel.
(B) The Secretary shall carry out the study under
this paragraph through a private contractor. The report
under subparagraph (A) shall include the report of the
contractor and the comments, if any, of the Secretary on
that report.
(e) ENHANCED-USE LEASES OF REAL PROPERTY.—
(1) Section 8169 of such title is amended by striking out
‘‘December 31, 1995’’ and inserting in lieu thereof ‘‘De-
cember 31, 1997’’.
(2) The Secretary of Veterans Affairs shall submit
to Congress, not later than March 31, 1997, a report eval-
uating the operation of the program under subchapter V
of chapter 81 of title 38, United States Code.
(f) COMMUNITY-BASED RESIDENTIAL CARE
FOR
HOMELESS CHRONICALLY MENTALLY ILL VETERANS.—
Section 115(d) of the Veterans’ Benefits and Services Act
of 1988 (Public Law 100–322; 38 U.S.C. 1712 note) is
amended by striking out ‘‘September 30, 1995’’ and in-
serting in lieu thereof ‘‘December 31, 1997’’.
(g) DEMONSTRATION PROGRAM OF COMPENSATED
WORK
THERAPY
AND
THERAPEUTIC
TRANSITIONAL
HOUSING.—Section 7 of Public Law 102–54 (38 U.S.C.
1718 note) is amended—
(1) in subsection (a), by striking out ‘‘During
fiscal years 1991 through 1995, the Secretary’’ and
inserting in lieu thereof ‘‘The Secretary’’; and
(2) by adding at the end the following:
‘‘(m) SUNSET.—The authority for the demonstration
program under this section expires on December 31,
1997.’’.
(h) HOMELESS VETERANS PILOT PROGRAM.—The
Homeless Veterans Comprehensive Service Programs Act
of 1992 (Public Law 102–590) is amended as follows:
(1) Section 2(a) (38 U.S.C. 7721 note) is
amended by striking out ‘‘September 30, 1995’’ and
inserting in lieu thereof ‘‘December 31, 1998’’.
(2) Section 3(a) (38 U.S.C. 7721 note) is
amended by striking out ‘‘, during fiscal years 1993,
1994, and 1995,’’.
(3) Section 12 (38 U.S.C. 7721 note) is amend-
ed by striking out ‘‘each of the fiscal years 1993,
1994, and 1995’’ and inserting in lieu thereof ‘‘each
fiscal year through 1998’’.
SEC. 2. REPORTS.
(a) REPORT ON CONSOLIDATION OF CERTAIN PRO-
GRAMS.—The Secretary of Veterans Affairs shall submit
to Congress, not later than March 1, 1997, a report on
the advantages and disadvantages of consolidating into
one program the following three programs:
(1) The alcohol and drug abuse contract care
program under section 1720A of title 38, United
States Code.
(2) The program to provide community-based
residential care to homeless chronically mentally ill
veterans under section 115 of the Veterans’ Benefits
and Services Act of 1988 (38 U.S.C. 1712 note).
(3) The demonstration program under section 7
of Public Law 102–54 (38 U.S.C. 1718 note).
(b) REPORT ON SCIENTIFIC EVIDENCE CONCERNING
HEALTH CONSEQUENCES OF MILITARY SERVICE IN PER-
SIAN GULF WAR.—(1) The Secretary of Veterans Affairs
shall, in consultation with the National Academy of
Sciences and with officials of other appropriate Federal
departments and agencies, review the scientific evidence,
and assess the strength of such evidence, concerning asso-
ciation between military service in the Southwest Asia the-
ater of operations during the Persian Gulf War and any
disease that may be associated with such service.
(2) The Secretary shall, not later than March 1,
1998, submit to the Committees on Veterans’ Affairs of
the Senate and the House of Representatives a report on
the findings of the review and assessment under para-
graph (1).
SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VET-
ERANS MEMORIAL MEDICAL CENTER IN THE
PHILIPPINES.
(a) REPEAL.—Section 1732 of title 38, United States
Code, is amended—
(1) by striking out subsection (b);
(2) by redesignating subsection (c) as sub-
section (b) and striking out ‘‘or grant’’ both places
it appears in that subsection; and
(3) by redesignating subsection (d) as sub-
section (c) and striking out ‘‘and to make grants’’
in that subsection.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended by striking out ‘‘and grants’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 17 of such title is
amended by striking out ‘‘and grants’’.
SEC. 4. DISPLAY OF POW/MIA FLAG AT DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTERS.
(a) DAILY DISPLAY OF FLAG.—Subsection (a) of sec-
tion 1084 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 36
U.S.C. 189 note) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (1);
(2) by striking out the period at the end of
paragraph (2) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(3) on, or on the grounds of, each Department
of Veterans Affairs medical center (except as pro-
vided in subsection (e)), on every day on which the
flag of the United States is displayed.’’.
(b) EXCEPTION FOR CERTAIN DEPARTMENT OF VET-
ERANS AFFAIRS MEDICAL CENTERS.—Such section is fur-
ther amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
‘‘(e) SPECIAL RULE FOR DISPLAY AT DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTERS.—(1) Upon a de-
termination by the director of a Department of Veterans
Affairs medical center that the daily display of the POW/
MIA flag at that medical center may be detrimental to the
treatment of patients at that center, the provisions of sub-
section (a)(3) shall be inapplicable with respect to that med-
ical center.
‘‘(2) Whenever the director of a Department of Veter-
ans Affairs medical center makes a determination described
in paragraph (1), that officer shall submit a report on such
determination, including the basis for the determination,
to the Under Secretary for Health of the Department of Vet-
erans Affairs.’’.
(b)
(c) PROCUREMENT
AND
DISTRIBUTION
OF
FLAGS.—(1) Subsection (c) of such section is amended by
striking out ‘‘Within 30 days after the date of the enact-
ment of this Act, the Administrator’’ and inserting in lieu
thereof ‘‘The Administrator’’.
(2) The Administrator of General Services shall carry
out subsection (c) of section 1084 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 36 U.S.C. 189 note) with respect to the
procurement and distribution of POW/MIA flags for the
purposes of paragraph (3) of subsection (a) of such section
(as added by subsection (a) of this section) within 30 days
after the date of the enactment of this Act.
SEC. 5. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY ME-
MORIAL HOSPITAL.
(a) AUTHORITY TO CONTRACT.—Subject to sub-
section (b), the Secretary of Veterans Affairs may enter
into contracts for the provision of utilities (including
steam and chilled water) to the Audie L. Murphy Memo-
rial Hospital in San Antonio, Texas. Each such contract
may—
(1) be for a period not to exceed 35 years;
(2) provide for the construction and operation
of a production facility on or near property under
the jurisdiction of the Secretary;
(3) require capital contributions by the parties
involved for the construction of such a facility, such