Limitation on obligation or expenditure of funds by the Secretary of Veterans Affairs for certain purposes
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(a) Contracts and personal services Section 513 of title 38, United States Code, is amended— (1) by inserting (a) In general.— before The Secretary; and (2) by adding at the end the following new subsection: (b) Limitation on obligation or expenditure of funds (1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any contract or agreement under this section unless funds for such agreement have been specifically authorized by law. (2) The limitation under paragraph (1) shall not apply during— (A) a war declared by Congress; (B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (i) such agreement is to be carried out in a State affected by such major disaster; and (ii) a medical facility of the Department is affected by such major disaster; or (E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).. (b) Veterans Community Care Program Section 1703 of title 38, United States Code, is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following new subsection (q): (q) Limitation on obligation or expenditure of funds (1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law. (2) The limitation under paragraph (1) shall not apply during— (A) a war declared by Congress; (B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (i) such agreement is to be carried out in a State affected by such major disaster; and (ii) a medical facility of the Department is affected by such major disaster; or (E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).. (c) Agreements To administer the furnishing of health care in Department facilities Section 1721 of title 38, United States Code, is amended— (1) in the section heading, by adding and to enter into agreements after regulations (and conforming the table of sections at the beginning of such chapter accordingly); (2) by inserting (a) Rules and regulations.— before Rules and regulations; and (3) by adding at the end the following new subsection: (b) Agreements (1) The Secretary may enter into an agreement (including an agreement regarding information technology) to administer the furnishing of care described in subsection (a). (2) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law. (3) The limitation under paragraph (2) shall not apply during— (A) a war declared by Congress; (B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (i) such agreement is to be carried out in a State affected by such major disaster; and (ii) a medical facility of the Department is affected by such major disaster; or (E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).. (d) Administration of educational benefits Subchapter III of chapter 36 of title 38, United States Code, is amended by inserting after section 3698A the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 3698B. Limitation on obligation or expenditure of funds (a) Limitation The Secretary may not obligate or expend more than $50,000,000 for any agreement under this chapter unless— (1) funds for such agreement have been specifically authorized by law; or (2) (A) the Secretary has submitted a notification described in subsection (b) regarding such agreement; (B) 30 legislative days have elapsed after the date of such submission; and (C) Congress has not enacted a joint resolution described in subsection (c) regarding such agreement. (b) Notification (1) A notification described in this subsection is a notification— (A) submitted by the Secretary to the Committees on Veterans’ Affairs of the Senate and the House of Representatives; and (B) that describes a proposed agreement subject to the limitation under subsection (a). (2) A notification under this subsection shall include the following with respect to such proposed agreement: (A) The purpose. (B) The scope. (C) The estimated total cost. (D) The anticipated period of performance. (c) Joint resolution A joint resolution of disapproval described in this subsection is a joint resolution— (1) introduced not later than 10 legislative days after receipt of a notification under subsection (b); (2) the matter after the resolving clause of which is as follows: That Congress disapproves the proposed agreement described by the Secretary of Veterans Affairs in the notification submitted under section 3698B of title 38, United States Code, on ____________________., the blank space being filled with the appropriate date; and (3) considered pursuant to the expedited procedures in subsections (d), (f), and (g) of section 802 of title 5.. (e) Administration of benefits Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 5322. Limitation on obligation or expenditure of funds (a) Limitation Subject to subsection (b), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this chapter unless funds for such agreement have been specifically authorized by law. (b) Applicability The limitation under subsection (a) shall not apply during— (1) a war declared by Congress; (2) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (3) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (4) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (A) such agreement is to be carried out in a State affected by such major disaster; and (B) a medical facility of the Department is affected by such major disaster; or (5) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).. (f) Procurement of health-Care items Section 8127 of title 38, United States Code, is amended— (1) in subsection (c), by striking subsection (a) or (b) and inserting subsection (a), (b), or (c); (2) in subsection (d), by adding at the end the following new paragraph: (4) The term domestic preference statute has the meaning given such term in section 70923(f) of the Infrastructure Investment and Jobs Act (Public Law 117–58; 41 U.S.C. 8301 note).; (3) by redesignating subsections (c) and (d), as amended, as subsections (d) and (e), respectively; and (4) by inserting after subsection (b) the following new subsection (c): (c) (1) The Secretary shall procure a health-care item for an All-Hazards Emergency Cache of the Department in compliance with the domestic preference statutes. (2) The limitation under paragraph (1) shall not apply if, during an emergency, the Secretary determines that procurement in compliance with the domestic preference statutes would threaten the health or safety of veterans. (3) Not later than 30 days after procuring a health-care item pursuant to paragraph (2), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a written notice. Such notice shall include— (A) an identification of the emergency; (B) an identification of the health-care item procured; (C) an estimate of the cost of such procurement; and (D) an explanation why the Secretary could not procure the health-care item in compliance with the domestic preference statutes. (4) Not later than November 1 of each year, the Secretary shall certify to the Committees on Veterans’ Affairs of the Senate and House of Representatives whether the Secretary complied with the limitation under paragraph (1) during the fiscal year that ended most recently.. (g) Small business concerns owned and controlled by veterans: contracting goals and preferences Section 8127 of title 38, United States Code, is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection (m): (m) Limitation on obligation or expenditure of funds (1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law. (2) The limitation under paragraph (1) shall not apply during— (A) a war declared by Congress; (B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (i) such agreement is to be carried out in a State affected by such major disaster; and (ii) a medical facility of the Department is affected by such major disaster; or (E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).. (h) Sharing of health-Care resources Section 8153 of title 38, United States Code, is amended by adding at the end the following new subsection: (h) (1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law. (2) The limitation under paragraph (1) shall not apply during— (A) a war declared by Congress; (B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1)); (C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.); (D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if— (i) such agreement is to be carried out in a State affected by such major disaster; and (ii) a medical facility of the Department is affected by such major disaster; or (E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d)..