To amend title 38, United States Code, to provide for a guaranteed adequate level of funding for veterans health care, and for other purposes.

January 7, 2003

Mr. JOHNSON (for himself, Ms. COLLINS, Mr. REID, Mr. INOUYE, Mr. DORGAN, Mr. HARKIN, Mr. KERRY, Mr. DASCHLE, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to provide for a guaranteed adequate level of funding for veterans health care, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans Health Care Funding Guarantee Act of 2003'.

SEC. 2. GUARANTEED ADEQUATE FUNDING FOR VETERANS HEALTH CARE.

(a) IN GENERAL- Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 117. Guaranteed funding for veterans health care

`(a) For each fiscal year, the Secretary of the Treasury shall make available to the Secretary of Veterans Affairs the amount determined under subsection (b) with respect to that fiscal year. Each such amount is available, without fiscal year limitation, for the programs, functions, and activities of the Veterans Health Administration, as specified in subsection (c).

`(b)(1) The amount applicable to fiscal year 2005 under this subsection is the amount equal to 120 percent of the amount obligated by the Department during fiscal year 2003 for the purposes specified in subsection (c).

`(2) The amount applicable to any fiscal year after fiscal year 2005 under this subsection is the amount equal to the product of the following:

`(A) The sum of--

`(i) the number of veterans enrolled in the Department health care system under section 1705 of this title as of July 1 preceding the beginning of such fiscal year; and

`(ii) the number of persons eligible for health care under chapter 17 of this title who are not covered by clause (i) and who were provided hospital care or medical services under such chapter at any time during the fiscal year preceding such fiscal year.

`(B) The per capita baseline amount, as increased from time to time pursuant to paragraph (3)(B).

`(3)(A) For purposes of paragraph (2)(B), the term `per capita baseline amount' means the amount equal to--

`(i) the amount specified in paragraph (1), divided by

`(ii) the number of veterans enrolled in the Department health care system under section 1705 of this title as of September 30, 2003.

`(B) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the per capita baseline amount equal to the percentage by which--

`(i) the Consumer Price Index (all Urban Consumers, United States city Average, Medical Care, Not Seasonally Adjusted), published by the Bureau of Labor Statistics of the Department of Labor for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

`(ii) such Consumer Price Index for the 12-month period preceding the 12-month period described in clause (i).

`(c)(1) Except as provided in paragraph (2), the purposes for which amounts made available pursuant to subsection (a) shall be all programs, functions, and activities of the Veterans Health Administration.

`(2) Amounts made available pursuant to subsection (a) are not available for grants under subchapter III of chapter 81 of this title.'.

(b) REPEAL OF CONSTRUCTION AUTHORIZATION REQUIREMENT- Section 8104 of title 38, United States Code, is amended to read as follows:

`Sec. 8104. Additional authorities and limitations

`(a) The Secretary may accept gifts or donations for any of the purposes of this subchapter.

`(b)(1) The Secretary may not obligate funds in an amount in excess of $500,000 from the Advance Planning Fund of the Department toward the design or development of a major medical facility project until--

`(A) the Secretary submits to the committees a report on the proposed obligation; and

`(B) a period of 30 days has passed after the date on which the report is received by the committees.

`(2) In this subsection, the term `major medical facility project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $4,000,000, but such term does not include an acquisition by exchange.'.

(c) CLERICAL AMENDMENTS- (1) The table of sections at the beginning of chapter 1 of title 38, United States Code, is amended by adding at the end the following new item:

`117. Guaranteed funding for veterans health care.'.

(2) The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 8104 and inserting the following new item:

`8104. Additional authorities and limitations.'.

(d) EFFECTIVE DATES- (1) The amendments made by subsections (a) and (c)(1) shall take effect on the date of the enactment of this Act.

(2) The amendments made by subsections (b) and (c)(2) shall take effect on October 1, 2004.

END