I
107TH CONGRESS
2D SESSION
H. R. 5250
To amend title 38, United States Code, to provide for a guaranteed adequate
level of funding for veterans health care.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the
following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide for a
guaranteed adequate level of funding for veterans health
care.
Be it enacted by the Senate and House of Representa-
tives 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 2002’’.
SEC. 2. GUARANTEED ADEQUATE FUNDING FOR VETERANS
HEALTH CARE.
(a) IN GENERAL.—Chapter 3 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 320. Guaranteed funding for veterans health care
‘‘(a) For each fiscal year, the Secretary of the Treas-
ury shall make available to the Secretary of Veterans Af-
fairs the amount determined under subsection (b) with re-
spect 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 2004
under this subsection is the amount equal to 120 percent
of the amount obligated by the Department during fiscal
year 2002 for the purposes specified in subsection (c).
‘‘(2) The amount applicable to any fiscal year after
fiscal year 2004 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 be-
ginning 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 pro-
vided 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 in-
creased 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), di-
vided by
‘‘(ii) the number of veterans enrolled in the De-
partment health care system under section 1705 of
this title as of September 30, 2002.
‘‘(B) With respect to any fiscal year, the Secretary
shall provide a percentage increase (rounded to the near-
est dollar) in the per capita baseline amount equal to the
percentage by which—
‘‘(i) the Consumer Price Index (all Urban Con-
sumers, 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 pre-
ceding the beginning of the fiscal year for which the
increase is made, exceeds
‘‘(ii) such Consumer Price Index for the 12-
month period preceeding the 12-month period de-
scribed in clause (i).
‘‘(c)(1) Except as provided in paragraph (2), the pur-
poses for which amounts made available pursuant to sub-
section (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) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘320. Guaranteed funding for veterans health care.’’.
(c) REPEAL OF CONSTRUCTION AUTHORIZATION RE-
QUIREMENT.—Effective October 1, 2003, subsections (a),
(b), (c), and (d) of section 8104 of title 38, United States
Code, are repealed.
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