H. R. 4818—484
SEC. 107. 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 Vet-
erans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse
the ‘‘General operating expenses’’ account for the cost of administra-
tion of the insurance programs financed through those accounts:
Provided, That reimbursement 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 earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the Secretary
shall determine the cost of administration for fiscal year 2005
which is properly allocable to the provision of each insurance pro-
gram and to the provision of any total disability income insurance
included in such insurance program.
SEC. 108. 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. 109. 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.
SEC. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2005 or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management and the Office
of Employment Discrimination Complaint Adjudication for all serv-
ices provided at rates which will recover actual costs but not exceed
$29,318,000 for the Office of Resolution Management and
$3,059,000 for the Office of Employment and Discrimination Com-
plaint Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ‘‘Gen-
eral operating expenses’’ for use by the office that provided the
service.
SEC. 111. No appropriations in this Act for the Department
of Veterans Affairs 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 Commit-
tees on Appropriations of the Congress approve within 30 days
following the date on which the report is received.
SEC. 112. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in sec-
tion 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
H. R. 4818—485
may require, current, accurate third-party reimbursement informa-
tion for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
SEC. 113. Of the amounts provided in this Act, $25,000,000
shall be for information technology initiatives to support the enter-
prise architecture of the Department of Veterans Affairs.
SEC. 114. None of the funds made available to the Department
in this Act, or any other Act, may be used to implement sections
2 and 5 of Public Law 107–287.
SEC. 115. (a) Hereafter receipts that would otherwise be cred-
ited to the accounts listed in subsection (c) shall be deposited
into the Medical Care Collections Fund, and shall be transferred
to and merged with the ‘‘Medical services’’ account, in fiscal year
2005 and subsequent years, to remain available until expended,
to carry out the purposes of the ‘‘Medical services’’ account.
(b) The unobligated balances in the accounts listed in subsection
(c), shall be transferred to and merged with the ‘‘Medical services’’
account in fiscal year 2005 and subsequent years, and remain
available until expended, to carry out the purposes of the ‘‘Medical
services’’ account: Provided, That the obligated balances in these
accounts may be transferred to the ‘‘Medical services’’ account at
the discretion of the Secretary of Veterans Affairs and shall remain
available until expended.
(c) Veterans Extended Care Revolving Fund; Medical Facilities
Revolving Fund; Special Therapeutic and Rehabilitation Fund;
Nursing Home Revolving Fund; Veterans Health Services Improve-
ment Fund; and Parking Revolving Fund.
SEC. 116. (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 hos-
pital 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 ‘‘Medical
services’’ and the purposes of paying a contractor a percent of
the amount collected as a result of an audit carried out by the
contractor.
(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 allo-
cated, net of payments to the contractor, to that region.
SEC. 117. Notwithstanding any other provision 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 the Medical Care Collections Fund 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 improve-
ments 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’’.