To ensure that future funding for health care for veterans takes into account changes in population and inflation.

1. Adds SEC. 1073. FUNDING FOR VETERANS HEALTH CARE TO ADDRESS CHANGES IN POPULATION AND INFLATION at the end of subtitle G of title X

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   Section 21(a) of the Internal Security Act of 1950 (Public Law 81- 831; 64 Stat. 1005) is amended by inserting "or military or civilian director" after "military commander".

   Inserted: SEC. 1073. FUNDING FOR VETERANS HEALTH CARE TO ADDRESS CHANGES IN POPULATION AND INFLATION.

   Inserted: (a) Funding To Address Changes in Populations and Inflation.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 320. Funding for veterans health care to address changes in population and inflation

   Inserted: "(a) By the enactment of this section, Congress and the President intend to ensure access to health care for all veterans. Upon the enactment of this section, funding for the programs, functions, and activities of the Veterans Health Administration specified in subsection (d) to accomplish this objective shall be provided through a combination of discretionary and mandatory funds. The discretionary amount should be equal to the fiscal year 2005 discretionary funding for such programs, functions, and activities, and should remain unchanged each fiscal year thereafter. The annual level of mandatory amount shall be adjusted according to the formula specified in subsection (c). While this section does not purport to control the outcome of the annual appropriations process, it anticipates cooperation from Congress and the President in sustaining discretionary funding for such programs, functions, and activities in future fiscal years at the level of discretionary funding for such programs, functions, and activities for fiscal year 2005. The success of that arrangement, as well as of the funding formula, are to be reviewed after 2 years.

   Inserted: "(b) On the first day of each fiscal year, the Secretary of the Treasury shall make available to the Secretary of Veterans Affairs the amount determined under subsection (c) 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 (d). There is hereby appropriated, out of any sums in the Treasury not otherwise appropriated, amounts necessary to implement this section.

   Inserted: "(c)(1) The amount applicable to fiscal year 2005 under this subsection is the amount equal to--

   Inserted: "(A) 130 percent of the amount obligated by the Department during fiscal year 2005 for the purposes specified in subsection (d), minus

   Inserted: "(B) the amount appropriated for those purposes for fiscal year 2004.

   Inserted: "(2) The amount applicable to any fiscal year after fiscal year 2006 under this subsection is the amount equal to the product of the following, minus the amount appropriated for the purposes specified for subsection (d) for fiscal year 2005:

   Inserted: "(A) The sum of--

   Inserted: "(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

   Inserted: "(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.

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

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

   Inserted: "(i) the amount obligated by the Department during fiscal year 2005 for the purposes specified in subsection (d), divided by

   Inserted: "(ii) the number of veterans enrolled in the Department health care system under section 1705 of this title as of September 30, 2004.

   Inserted: "(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--

   Inserted: "(i) the Consumer Price Index (all Urban Consumers, United States City Average, Hospital and related services, 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

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

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

   Inserted: "(2) Amounts made available pursuant to subsection (b) are not available for--

   Inserted: "(A) construction, acquisition, or alteration of medical facilities as provided in subchapter I of chapter 81 of this title (other than for such repairs as were provided for before the date of the enactment of this section through the Medical Care appropriation for the Department); or

   Inserted: "(B) grants under subchapter III of chapter 81 of this title.

   Inserted: "(e) Nothing in this section shall be construed to prevent or limit the authority of Congress to reauthorize provisions relating to veterans health care.".

   Inserted: (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

   Inserted: "320. Funding for veterans health care to address changes in population and inflation.".

   Inserted: (b) Comptroller General Report.--(1) Not later than January 31, 2008, the Comptroller General of the United States shall submit to Congress a report on the extent to which section 320 of title 38, United States Code (as added by subsection (a)), has achieved the purpose set forth in subsection (a) of such section 320 during fiscal years 2006 and 2007.

   Inserted: (2) The report under paragraph (1) shall set forth the following:

   Inserted: (A) The amount appropriated for fiscal year 2005 for the programs, functions, and activities of the Veterans Health Administration specified in subsection (d) of section 320 of title 38, United States Code.

   Inserted: (B) The amount appropriated by annual appropriations Acts for each of fiscal years 2006 and 2007 for such programs, functions, and activities.

   Inserted: (C) The amount provided by section 320 of title 38, United States Code, for each of fiscal years 2006 and 2007 for such programs, functions, and activities.

   Inserted: (D) An assessment whether the amount described in subparagraph (C) for each of fiscal years 2006 and 2007 was appropriate to address the changes in costs to the Veterans Health Administration for such programs, functions, and activities that were attributable to changes in population and in inflation over the course of such fiscal years.

   Inserted: (E) An assessment whether the amount provided by section 320 of title 38, United States Code, in each of fiscal years 2006 and 2007, when combined with amounts appropriated by annual appropriations Acts for each of such fiscal years for such programs, functions, and activities, provided adequate funding of such programs, functions, and activities in each such fiscal year.

   Inserted: (F) Such recommendations as the Comptroller General considers appropriate regarding modifications of the formula under subsection (c) of section 320 of title 38, United States Code, or any other modifications of law, to better ensure adequate funding of such programs, functions, and activities.

   Inserted: (c) Congressional Consideration of Comptroller General Recommendations.--

   Inserted: (1) Joint resolution.--or purposes of this subsection, the term "joint resolution" means only a joint resolution which is introduced (in the House of Representatives by the Speaker of the House of Representatives (or the Speaker's designee) or the Minority Leader (or the Minority Leader's designee) and in the Senate by the Majority Leader (or the Majority Leader's designee) or the Minority Leader (or the Minority Leader's designee)) within the 10-day period beginning on the date on which Congress receives the report of the Comptroller General of the United States under subsection (b), and--

   Inserted: (A) which does not have a preamble;

   Inserted: (B) the matter after the resolving clause of which consists of amendments of title 38, United States Code, or other amendments or modifications of laws under the jurisdiction of the Secretary of Veterans Affairs to implement the recommendations of the Comptroller General in the report under subsection (b)(2)(F); and

   Inserted: (C) the title of which is as follows: "Joint resolution to ensure adequate funding of health care for veterans.".

   Inserted: (2) Referral.--resolution described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on Veterans' Affairs of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Veterans' Affairs of the Senate.

   Inserted: (3) Discharge.--If the committee to which a resolution described in paragraph (1) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Comptroller General submits to Congress the report under subsection (b), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

   Inserted: (4) Consideration.--(A) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under paragraph (3)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.

   Inserted: (B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

   Inserted: (C) Immediately following the conclusion of the debate on a resolution described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

   Inserted: (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate.

   Inserted: (5) Consideration by other house.--(A) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply:

   Inserted: (i) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II).

   Inserted: (ii) With respect to a resolution described in paragraph (1) of the House receiving the resolution--

   Inserted: (I) the procedure in that House shall be the same as if no resolution had been received from the other House; but

   Inserted: (II) the vote on final passage shall be on the resolution of the other House.

   Inserted: (B) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.

   Inserted: (6) Rules of senate and house.--This subsection is enacted by Congress--

   Inserted: (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

   Inserted: (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed