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 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,
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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
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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-
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(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
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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.
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(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—
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(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the follow-
ing new subsection (e):
‘‘(e) SPECIAL RULE FOR DISPLAY AT DEPARTMENT
OF VETERANS AFFAIRS MEDICAL CENTERS.—(1) Upon
a determination by the director of a Department of Veter-
ans 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 subsection (a)(3) shall be inapplicable with respect to
that medical center.
‘‘(2) Whenever the director of a Department of Veter-
ans Affairs medical center makes a determination de-
scribed in paragraph (1), that officer shall submit a report
on such determination, including the basis for the deter-
mination, to the Under Secretary for Health of the De-
partment of Veterans Affairs.’’.
(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 enactment 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
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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
contribution to be in the form of cash, equipment,
or other in-kind contribution; and
(4) provide for a predetermined formula to
compute the cost of providing such utilities to the
parties for the duration of the contract.
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(b) FUNDS.—A contract may be entered into under
subsection (a) only to the extent as provided for in ad-
vance in appropriations Acts.
(c) ADDITIONAL TERMS.—The Secretary may include
in a contract under subsection (a) such additional provi-
sions as the Secretary considers necessary to secure the
provision of utilities and to protect the interests of the
United States.
SEC. 6. NAME OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, WALLA WALLA, WASHING-
TON.
The Department of Veterans Affairs Medical Center
located at 77 Wainwright Drive, Walla Walla, Washing-
ton, shall after the date of the enactment of this Act be
known and designated as the ‘‘Jonathan M. Wainwright
Department of Veterans Affairs Medical Center’’. Any ref-
erence to that medical center in any law, regulation, map,
document, paper, or other record of the United States
shall be considered to be a reference to the Jonathan M.
Wainwright Department of Veterans Affairs Medical
Center.
Passed the House of Representatives October 17,
1995.
Attest:
ROBIN H. CARLE,
Clerk.