[Congressional Record Volume 164, Number 84 (Tuesday, May 22, 2018)]
[Senate]
[Pages S2837-S2838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2264. Mr. SHELBY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 2372, to amend 
title 38, United States Code, to provide outer burial receptacles for 
remains buried in National Parks, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONCEPTS AND DEFINITIONS.

       The authorizations of appropriations added to 38 U.S.C. 
     Chapter 17 by this Act [``VA MISSION Act of 2018''] shall be 
     considered changes in concepts and definitions pursuant to 
     section 251(b)(1) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (``BBEDCA''; 2 U.S.C. 901(b)(1)). 
     These changes shall be reflected only in the budget year in 
     each Sequestration Preview Report required by section 254(c) 
     of BBEDCA. For each budget year, the baseline level of new 
     budget authority using up-to-date concepts and definitions 
     shall be equal to the discretionary appropriations that are 
     specified for those authorizations of appropriations in the 
     Budget that the President submits under section 1105 of title 
     31, United States Code, including those already provided for 
     that fiscal year as advance discretionary new budget 
     authority. Within 15 days of the publication of a final rule 
     in the Federal Register promulgating the regulations pursuant 
     to section 101(c) of this Act [``VA MISSION Act of 2018''], 
     the Office of Management and Budget shall further adjust the 
     fiscal year 2019 discretionary spending limits to reflect the 
     impact of those regulations, as estimated by the Department 
     of Veterans Affairs, on the discretionary appropriations that 
     are specified for those authorizations of appropriations in 
     the Budget that the President submitted for that fiscal year 
     under section 1105 of title 31 United States Code, and shall 
     provide written notification to the Congress of such further 
     adjustments. Not later than 10

[[Page S2838]]

     days after the date each year on which the President submits 
     the budget request under section 1105 of title 31 United 
     States Code, and also 10 days after the publication of the 
     final rule previously referenced in this section, the 
     Secretary of Veterans Affairs shall submit to the Committees 
     on Appropriations of both Houses of Congress a report 
     detailing the estimates of the resources required by the 
     Department for those authorizations of appropriations, as 
     forecast using the Enrollee Health Care Projections Model, or 
     other methodologies used by the Department. For each fiscal 
     year, the Office of Management and Budget shall further 
     adjust the discretionary spending limits in section 251(c) of 
     BBEDCA to reflect the transmittal of any formal and informal 
     supplementals and amendments, as those terms are defined in 
     section 110 of OMB Circular No. A-11, for those 
     authorizations of appropriations and shall provide written 
     notification to the Congress of such further adjustments 
     within 15 days of such transmittal. For each fiscal year, the 
     Final Sequestration Report required by section 254(f) of 
     BBDECA shall include a further adjustment to reflect the 
     difference between all of the previous adjustments made for 
     that fiscal year pursuant to this section and the new budget 
     authority for those authorizations of appropriations enacted 
     as discretionary appropriations.
                                 ______
                                 
  SA 2265. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2372, to amend title 38, United States Code, to 
provide outer burial receptacles for remains buried in National Parks, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 11, beginning on line 16, strike ``Conditions Under 
     Which Care Is Authorized'' and insert ``Additional Conditions 
     Under Which Care Is Required''.
       On page 11, line 18, strike ``may'' and insert ``shall''.
       On page 13, line 3, strike ``authorized'' and insert 
     ``required''.
       On page 13, beginning on line 21, strike ``When the 
     Secretary exercises the authority under paragraph (1), the 
     decision to receive care or services under such paragraph'' 
     and insert ``The decision to receive care or services under 
     paragraph (1)''.
                                 ______
                                 
  SA 2266. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2372, to amend title 38, United States Code, to 
provide outer burial receptacles for remains buried in National Parks, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 75, after line 25, insert the following:

     SEC. 115. DEPARTMENT OF VETERANS AFFAIRS AS SECONDARY PAYER 
                   FOR HEALTH CARE IN CERTAIN CIRCUMSTANCES.

       (a) In General.--Subchapter I of chapter 17 is amended by 
     inserting after section 1703D, as added by section 111 of 
     this Act, the following new section:

     ``Sec. 1703F. Department as secondary payer for certain non-
       Department care

       ``If a veteran is covered under a health-plan contract (as 
     defined in section 1729(i) of this title) and receives 
     hospital care or medical services for a non-service-connected 
     disability at a non-Department facility or from a non-
     Department provider, such health-plan contract shall be 
     primarily responsible for paying for such care or services, 
     to the extent such care or services are covered by such 
     health-plan contract, and the Secretary shall be secondarily 
     responsible for paying for such care or services.''.
       (b) Clerical Amendment.--The table of section for such 
     chapter is amended by inserting after the item relating to 
     section 1703D the following new item:

``1703F. Department as secondary payer for certain non-Department 
              care.''.

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