[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4423 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4423

 Making appropriations for the Department of Veterans Affairs for the 
     fiscal year ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

 Mr. Edwards introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Veterans Affairs for the 
     fiscal year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Veterans Affairs for the fiscal 
year ending September 30, 2005, and for other purposes, namely:

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                              medical care

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities; for furnishing, 
as authorized by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs and Veterans 
described in paragraphs (1) through (8) of section 1705(a) of title 38, 
United States Code, including care and treatment in facilities not 
under the jurisdiction of the Department and including medical supplies 
and equipment and salaries and expenses of health care employees hired 
under title 38, United States Code; and furnishing recreational 
facilities, supplies, and equipment; funeral, burial, and other 
expenses incidental thereto for beneficiaries receiving care in the 
Department; administrative expenses in support of planning, design, 
project management, real property acquisition and disposition, 
construction and renovation of any facility under the jurisdiction or 
for the use of the Department; oversight, engineering and architectural 
activities not charged to project costs; repairing, altering, improving 
or providing facilities in the several hospitals and homes under the 
jurisdiction of the department, not otherwise provided for, either by 
contract or by the hire of temporary employees and purchase of 
materials; information technology hardware and software; uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; other 
services authorized by 5 U.S.C. 3109 including hire of passenger motor 
vehicles; lease of a facility or land or both; aid to State homes as 
authorized by 38 U.S.C. 1741; administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under 38 U.S.C. chapter 17, and the Federal Medical Care 
Recovery Act, 42 U.S.C. 2651 et seq., $28,994,000,000, plus 
reimbursements: Provided, That no appropriations from this account 
shall be available for the purchase of any site for or toward the 
construction of any new hospital or home: Provided further, That no 
appropriations in this account shall be available for hospitalization 
or examination of any persons (except beneficiaries entitled under the 
laws bestowing such benefits to veterans, and persons receiving such 
treatment under 5 U.S.C.7901-7904 or 42 U.S.C. 5141-5204), unless 
reimbursement of cost is made to this account at such rates as may be 
fixed by the Secretary of Veterans Affairs: Provided further, That no 
appropriations in this account shall be available to enter into any new 
lease of real property if the estimated annual rental is more than 
$300,000 unless the Secretary submits a report which the Committees on 
Appropriations of the Congress approve within 30 days following the 
date on which the report is received: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs may authorize the dispensing of prescription drugs from 
Veterans Health Administration facilities to enrolled veterans with 
privately written prescriptions based on requirements established by 
the Secretary: Provided further, That the implementation of the program 
described in the previous proviso shall incur no additional cost to the 
Department of Veterans Affairs: Provided further, That: (a) the 
Secretary of Veterans Affairs shall conduct by contract a program of 
recovery audits for the fee basis and other medical services contracts 
with respect to payments for hospital care. Notwithstanding section 
3302(b) of title 31, United States Code, amounts collected, by setoff 
or otherwise, as the result of such audits shall be available without 
fiscal year limitation, for the purposes for which funds are 
appropriated under this account and the purposes of paying a contractor 
a percent of the amount collected as a result of an audit carried out 
by the contractor: and (b) all amounts so collected under subsection 
(a) with respect to a designated health care region (as that term is 
defined in section 1729A(d)(2) of title 38, United States Code) shall 
be allocated, not of payments to the contractor, to that region: 
Provided further, That amounts deducted from enhanced-use lease 
proceeds to reimburse an account for expenses incurred by that account 
during a prior fiscal year for providing enhanced-use lease services, 
may be obligated during the fiscal year in which the proceeds are 
received.

                     medical care collections fund

                     (including transfer of funds)

    Amounts deposited during the current fiscal year in the Department 
of Veterans Affairs Medical Care Collections Fund under section 1729A 
of title 38 U.S.C., may be transferred to ``Medical care'', to remain 
available until expended: Provided, That notwithstanding any other 
provisions of law, at the discretion of the Secretary of Veterans 
Affairs, proceeds or revenues derived from enhanced-use leasing 
activities (including disposal) that are deposited into this account 
may be transferred and merged with ``Construction, major projects'' and 
``Construction, minor projects'' accounts and be used for construction 
(including site acquisition and disposition), alterations and 
improvements of any medical facility under the jurisdiction or for the 
use of the Department of Veterans Affairs. Such sums as realized are in 
addition to the amount provided for in ``Construction, major projects'' 
and ``Construction, minor projects''.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, to remain available until September 30, 
2006, $415,000,000, plus reimbursements: Provided, That no 
appropriations from this account shall be available for the purchase of 
any site for or toward the construction of any new hospital or home: 
Provided further, That no appropriations in this account shall be 
available for hospitalization or examination of any persons (except 
beneficiaries entitled under the laws bestowing such benefits to 
veterans, and persons receiving such treatment under 5 U.S.C. 7901-7904 
or 42 U.S.C. 5141-5204), unless reimbursement of cost is made to the 
``Medical care'' account at such rates as may be fixed by the Secretary 
of Veterans Affairs: Provided further, That no appropriations in this 
account shall be available to enter into any new lease of real property 
if the estimated annual rental is more than $300,000 unless the 
Secretary submits a report which the Committees on Appropriations of 
the Congress approve within 30 days following the date on which the 
report is received: Provided further, That amounts deducted from 
enhanced-use lease proceeds to reimburse an account for expenses 
incurred by that account during a prior fiscal year for providing 
enhanced-use lease services, may be obligated during the fiscal year in 
which the proceeds are received.

      medical administration and miscellaneous operating expenses

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply and research 
activities, as authorized by law; for other services authorized by 5 
U.S.C. 3109 including hire of passenger motor vehicles; lease of a 
facility or land or both; and uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; administrative expenses in support of 
capital policy activities, $87,000,000, of which $4,350,000 shall be 
available until September 30, 2006, plus reimbursements: Provided, That 
technical and consulting services offered by the Facilities Management 
Field Support Service, including project management and real property 
administration (including leases, site acquisition and disposal 
activities directly supporting projects), shall be provided to 
Department of Veterans Affairs components only on a reimbursable basis, 
and such amounts will remain available until September 30, 2006: 
Provided further, That no appropriations from this account shall be 
available for the purchase of any site for or toward the construction 
of any new hospital or home: Provided further, That no appropriations 
in this account shall be available for hospitalization or examination 
of any persons (except beneficiaries entitled under the laws bestowing 
such benefits to veterans, and persons receiving such treatment under 5 
U.S.C.7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost 
is made to the ``Medical care'' account at such rates as may be fixed 
by the Secretary of Veterans Affairs: Provided further, That no 
appropriations in this account shall be available to enter into any new 
lease of real property if the estimated annual rental is more than 
$300,000 unless the Secretary submits a report which the Committees on 
Appropriations of the Congress approve within 30 days following the 
date on which the report is received: Provided further, That amounts 
deducted from enhanced-use lease proceeds to reimburse an account for 
expenses incurred by that account during a prior fiscal year for 
providing enhanced-use lease services, may be obligated during the 
fiscal year in which the proceeds are received.

                      Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $1,375,000,000: Provided, That expenses for 
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), 
(5), and (11) that the Secretary determines are necessary to enable 
entitled veterans: (1) to the maximum extent feasible, to become 
employable and to obtain and maintain suitable employment; or (2) to 
achieve maximum independence in daily living, shall be charged to this 
account: Provided further, That the Veterans Benefits Administration 
shall be funded at not less than $1,086,250,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$69,000,000 shall be available for obligation until September 30, 2006: 
Provided further, That from the funds made available under this 
heading, the Veterans Benefits Administration may purchase up to two 
passenger motor vehicles for use in operations of that Administration 
in Manila, Philippines: Provided further, That no appropriations from 
this account shall be available for the purchase of any site for or 
toward the construction of any new hospital or home: Provided further, 
That no appropriations in this account shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled under the laws bestowing such benefits to veterans, and 
persons receiving such treatment under 5 U.S.C. 7901-7904 or 42 U.S.C. 
5141-5204), unless reimbursement of cost is made to the ``Medical 
care'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs: Provided further, That, notwithstanding any other 
provision of law, during fiscal year 2005, the Secretary of Veterans 
Affairs shall, from the National Service Life Insurance Fund (38 U.S.C. 
1920), the Veterans' Special Life Insurance Fund (38 U.S.C. 1923), and 
the United States Government Life Insurance Fund (38 U.S.C. 1955), 
reimburse this account for the cost of administration of the insurance 
programs financed through those accounts: Provided further, That 
reimbursement of funds mentioned in the previous proviso shall be made 
only from the surplus earnings accumulated in an insurance program in 
fiscal year 2005 that are available for dividends in that program after 
claims have been paid and actuarially determined reserves have been set 
aside: Provided further, That if the cost of administration of an 
insurance program exceeds the amount of surplus earning accumulated in 
that program, reimbursement to this account shall be made only to the 
extent of such surplus earnings: Provided further, That the Secretary 
shall determine the cost of administration of an insurance program for 
fiscal year 2005 which is properly allocable to the provision of each 
insurance program and to the provision of any total disability income 
insurance included in such insurance program: Provided further, That 
funds available in this appropriation for fiscal year 2005 shall be 
available to reimburse the Office of Resolution Management and the 
Office of Employment Discrimination Complaint Adjudication for all 
services provided at rates which will recover actual costs: Provided 
further, That payments may be made in advance for services to be 
furnished by the Office of Resolution Management and the Office of 
Employment Discrimination Complaint Adjudication based on estimated 
costs: Provided further, That amounts received from the aforementioned 
offices shall be credited to this account for use by the office that 
provided the service: Provided further, That no appropriations in this 
account shall be available to enter into any new lease of real property 
if the estimated annual rental is more than $300,000 unless the 
Secretary submits a report which the Committees on Appropriations of 
the Congress approve within 30 days following the date on which the 
report is received: Provided further, That amounts deducted from 
enhanced-use lease proceeds to reimburse an account for expenses 
incurred by that account during a prior fiscal year for providing 
enhanced-use lease services, may be obligated during the fiscal year in 
which the proceeds are received.

                    national cemetery administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $199,000,000; 
Provided, That of the funds made available under this heading, not to 
exceed $9,950,000, shall be available until September 30, 2006: 
Provided further, That no appropriations from this account shall be 
available for the purchase of any site for or toward the construction 
of any new hospital or home: Provided further, That no appropriations 
in this account shall be available to enter into any new lease of real 
property if the estimated annual rental is more than $300,000 unless 
the Secretary submits a report which the Committees on Appropriations 
of the Congress approve within 30 days following the date on which the 
report is received.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $65,000,000, to remain available until September 30, 2006.

                      construction, major projects

    For constructing, altering, extending and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, or for any of the purposes 
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 
8110, and 8122 of title 38, United States Code, including planning, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, where the 
estimated cost of a project is more than the amount set forth in 38 
U.S.C. 8104(a)(3)(A) or where funds for a project were made available 
in a previous major project appropriation, $401,000,000 to remain 
available until expended, of which $10,000,000 shall be to make 
reimbursements as provided in 41 U.S.C. 612 for claims paid for 
contract disputes: Provided, That except for advance planning 
activities, including needs assessments which may or may not lead to 
capital investments, and other capital asset management related 
activities, such as portfolio development and management activities, 
and investment strategy studies funded through the advance planning 
fund and the planning and design activities funded through the design 
fund and the Capital Asset Realignment for Enhanced Services (CARES) 
funds, including needs assessments which may or may not lead to capital 
investments, none of the funds appropriated under this heading shall be 
used for any project which has not been approved by the Congress in the 
budgetary process: Provided further, That funds provided in this 
appropriation for fiscal year 2005, for each approved project (except 
those for CARES activities referenced above) shall be obligated: (1) by 
the awarding of a construction documents contract by September 30, 
2005; and (2) by the awarding of a construction contract by September 
30, 2006: Provided further, That, notwithstanding any other provision 
of law, the CARES activities may include long-term care, domiciliary 
care and outpatient mental health care: Provided further, That, the 
Secretary shall provide a report in writing to the Committees by 
January 5, 2005, on how such funds, referenced in the previous proviso 
are allocated: Provided further, That the Secretary of Veterans Affairs 
shall promptly report in writing to the Committees on Appropriations 
any approved major construction project in which obligations are not 
incurred within the time limitations established above: Provided 
further, That no appropriations in this account shall be available to 
enter into any new lease of real property if the estimated annual 
rental is more than $300,000 unless the Secretary submits a report 
which the Committees on Appropriations of the Congress approve within 
30 days following the date on which the report is received: Provided 
further, That amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where 
the estimated cost of a project is equal to or less than the amount set 
forth in 38 U.S.C. 8104(a)(3)(A), $182,000,000, to remain available 
until expended, along with unobligated balances of previous 
``Construction, minor projects'' appropriations which are hereby made 
available for any project where the estimated cost is less than the 
amount set forth in 38 U.S.C. 8104(a)(3)(A): Provided, That from 
amounts appropriated under this heading, additional amounts may be used 
for CARES activities upon notification of and approval by the 
Committees on Appropriations: Provided further, That funds in this 
account shall be available for: (1) repairs to any of the nonmedical 
facilities under the jurisdiction or for the use of the Department 
which are necessary because of loss or damage caused by any natural 
disaster or catastrophe; and (2) temporary measures necessary to 
prevent or to minimize further loss by such causes: Provided further, 
That no appropriations in this account shall be available to enter into 
any new lease of real property if the estimated annual rental is more 
than $300,000 unless the Secretary submits a report which the 
Committees on Appropriations of the Congress approve within 30 days 
following the date on which the report is received: Provided further, 
That amounts deducted from enhanced-use lease proceeds to reimburse an 
account for expenses incurred by that account during a prior fiscal 
year for providing enhanced-use lease services, may be obligated during 
the fiscal year in which the proceeds are received.

                         parking revolving fund

    For the parking revolving fund as authorized by 38 U.S.C. 8109, 
income from fees collected, to remain available until expended, which 
shall be available for all authorized expenses except operations and 
maintenance costs, which will be funded from ``Medical care'': 
Provided, That no appropriations in this account shall be available to 
enter into any new lease of real property if the estimated annual 
rental is more than $300,000 unless the Secretary submits a report 
which the Committees on Appropriations of the Congress approve within 
30 days following the date on which the report is received.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify or alter 
existing hospital, nursing home and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $105,000,000, to remain available until expended: Provided, That 
no appropriations from this account shall be available for the purchase 
of any site for or toward the construction of any new hospital or home: 
Provided further, That no appropriations in this account shall be 
available to enter into any new lease of real property if the estimated 
annual rental is more than $300,000 unless the Secretary submits a 
report which the Committees on Appropriations of the Congress approve 
within 30 days following the date on which the report is received.

        grants for the construction of state veterans cemeteries

    For grants to aid States in establishing, expanding, or improving 
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000, 
to remain available until expended: Provided, That no appropriations 
from this account shall be available for the purchase of any site for 
or toward the construction of any new hospital or home: Provided 
further, That no appropriations in this account shall be available to 
enter into any new lease of real property if the estimated annual 
rental is more than $300,000 unless the Secretary submits a report 
which the Committees on Appropriations of the Congress approve within 
30 days following the date on which the report is received.

                       administrative provisions

    Sec. 101. Notwithstanding any other provision of law, the 
Department of Veterans Affairs shall continue the Franchise fund pilot 
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2005: Provided, That the Franchise Fund, 
established by title I of Public Law 104-204 to finance the operations 
of the Franchise Fund pilot program, shall continue until October 1, 
2005.
    Sec. 102. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or treatment of 
any person by reason of eligibility under section 1710(a)(3) of title 
38, United States Code, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require--
            (1) current, accurate third-party reimbursement information 
        for purposes of section 1729 of such title; and
            (2) annual income information for purposes of section 1722 
        of such title.

                                 offset

    In the case of taxpayers with adjusted gross income in excess of 
$1,000,000 for calendar year 2004, the amount of the tax reduction 
resulting from enactment of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 
107-16) shall be reduced by 5.1 percent.
                                 <all>