,i #aaith ,,congress #ast ,session ,h4 ,r4 #fedi ,,in ,,the ,,house ,,of ,,representatives ,december #aj1 #bjbe,mr4 ,bergman introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to limit the obligation or expenditure of funds by the ,secretary of ,veterans ,affairs for certain purposes4 #a4 ,short title ,this ,act may be cited as the ,,va ,contracting and ,procurement ,act4 #b4 ,limitation on obligation or expenditure of funds by the ,secretary of ,veterans ,affairs for certain purposes 7a7 ,contracts and personal services ,section #eac of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,the ,secretary2 and 7#b7 by adding at the end the following new subsection3 7b7 ,limitation on obligation or expenditure of funds 7#a7 ,subject to paragraph 7#b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any contract or agreement under this section unless funds for such agreement have been specifically authorized by law4 7#b7 ,the limitation under paragraph 7#a7 shall not apply during-- 7,a7 a war declared by ,congress2 7,b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7,d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7i7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7ii7 a medical facility of the ,department is affected by such major disaster2 or 7,e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 7b7 ,veterans ,community ,care ,program ,section #agjc of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7q7 as subsection 7r72 and 7#b7 by inserting after subsection 7p7 the following new subsection 7q73 7q7 ,limitation on obligation or expenditure of funds 7#a7 ,subject to paragraph 7#b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this section unless funds for such agreement have been specifically authorized by law4 7#b7 ,the limitation under paragraph 7#a7 shall not apply during-- 7,a7 a war declared by ,congress2 7,b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7,d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7i7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7ii7 a medical facility of the ,department is affected by such major disaster2 or 7,e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 7c7 ,agreements ,to administer the furnishing of health care in ,department facilities ,section #agba of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by adding and to enter into agreements after regulations 7and conforming the table of sections at the beginning of such chapter accordingly72 7#b7 by inserting 7a7 ,rules and regulations4-- before ,rules and regulations2 and 7#c7 by adding at the end the following new subsection3 7b7 ,agreements 7#a7 ,the ,secretary may enter into an agreement 7including an agreement regarding information technology7 to administer the furnishing of care described in subsection 7a74 7#b7 ,subject to paragraph 7#b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this section unless funds for such agreement have been specifically authorized by law4 7#c7 ,the limitation under paragraph 7#b7 shall not apply during-- 7,a7 a war declared by ,congress2 7,b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7,d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7i7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7ii7 a medical facility of the ,department is affected by such major disaster2 or 7,e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 7d7 ,administration of educational benefits ,subchapter ,,iii of chapter #cf of title #ch1 ,united ,states ,code1 is amended by inserting after section #cfih;,a the following new section 7and conforming the table of sections at the beginning of such chapter accordingly73 #cfih;,b4 ,limitation on obligation or expenditure of funds 7a7 ,limitation ,the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this chapter unless-- 7#a7 funds for such agreement have been specifically authorized by law2 or 7#b7 7,a7 the ,secretary has submitted a notification described in subsection 7b7 regarding such agreement2 7,b7 #cj legislative days have elapsed after the date of such submission2 and 7,c7 ,congress has not enacted a joint resolution described in subsection 7c7 regarding such agreement4 7b7 ,notification 7#a7 ,a notification described in this subsection is a notification-- 7,a7 submitted by the ,secretary to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives2 and 7,b7 that describes a proposed agreement subject to the limitation under subsection 7a74 7#b7 ,a notification under this subsection shall include the following with respect to such proposed agreement3 7,a7 ,the purpose4 7,b7 ,the scope4 7,c7 ,the estimated total cost4 7,d7 ,the anticipated period of performance4 7c7 ,joint resolution ,a joint resolution of disapproval described in this subsection is a joint resolution-- 7#a7 introduced not later than #aj legislative days after receipt of a notification under subsection 7b72 7#b7 the matter after the resolving clause of which is as follows3 ,that ,congress disapproves the proposed agreement described by the ,secretary of ,veterans ,affairs in the notification submitted under section #cfih;,b of title #ch1 ,united ,states ,code1 on 41 the blank space being filled with the appropriate date2 and 7#c7 considered pursuant to the expedited procedures in subsections 7d71 7f71 and 7g7 of section #hjb of title #e4 4 7e7 ,administration of benefits ,chapter #ec of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section 7and conforming the table of sections at the beginning of such chapter accordingly73 #ecbb4 ,limitation on obligation or expenditure of funds 7a7 ,limitation ,subject to subsection 7b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this chapter unless funds for such agreement have been specifically authorized by law4 7b7 ,applicability ,the limitation under subsection 7a7 shall not apply during-- 7#a7 a war declared by ,congress2 7#b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7#c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7#d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7,a7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7,b7 a medical facility of the ,department is affected by such major disaster2 or 7#e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 7f7 ,procurement of health-,care items ,section #habg of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking subsection 7a7 or 7b7 and inserting subsection 7a71 7b71 or 7c72 7#b7 in subsection 7d71 by adding at the end the following new paragraph3 7#d7 ,the term domestic preference statute has the meaning given such term in section #gjibc7;f7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #da ,u4,s4,c4 #hcja note74 2 7#c7 by redesignating subsections 7c7 and 7d71 as amended1 as subsections 7d7 and 7e71 respectively2 and 7#d7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 7#a7 ,the ,secretary shall procure a health-care item for an ,all-,hazards ,emergency ,cache of the ,department in compliance with the domestic preference statutes4 7#b7 ,the limitation under paragraph 7#a7 shall not apply if1 during an emergency1 the ,secretary determines that procurement in compliance with the domestic preference statutes would threaten the health or safety of veterans4 7#c7 ,not later than #cj days after procuring a health-care item pursuant to paragraph 7#b71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives a written notice4 ,such notice shall include-- 7,a7 an identification of the emergency2 7,b7 an identification of the health-care item procured2 7,c7 an estimate of the cost of such procurement2 and 7,d7 an explanation why the ,secretary could not procure the health-care item in compliance with the domestic preference statutes4 7#d7 ,not later than ,november #a of each year1 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 7#a7 during the fiscal year that ended most recently4 4 7g7 ,small business concerns owned and controlled by veterans3 contracting goals and preferences ,section #habg of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7m7 as subsection 7n72 and 7#b7 by inserting after subsection 7l7 the following new subsection 7m73 7m7 ,limitation on obligation or expenditure of funds 7#a7 ,subject to paragraph 7#b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this section unless funds for such agreement have been specifically authorized by law4 7#b7 ,the limitation under paragraph 7#a7 shall not apply during-- 7,a7 a war declared by ,congress2 7,b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7,d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7i7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7ii7 a medical facility of the ,department is affected by such major disaster2 or 7,e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 7h7 ,sharing of health-,care resources ,section #haec of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7h7 7#a7 ,subject to paragraph 7#b71 the ,secretary may not obligate or expend more than #ej1jjj1jjj for any agreement under this section unless funds for such agreement have been specifically authorized by law4 7#b7 ,the limitation under paragraph 7#a7 shall not apply during-- 7,a7 a war declared by ,congress2 7,b7 a case described in section #d7;a77#a7 of the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aedc7;a77#a772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7,public ,law #id-dab2 #ej ,u4,s4,c4 #afja et seq472 7,d7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 if-- 7i7 such agreement is to be carried out in a ,state affected by such major disaster2 and 7ii7 a medical facility of the ,department is affected by such major disaster2 or 7,e7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 4 #c4 ,procurement of prosthetic appliances and surgical implants 7a7 ,in general ,section #habc of title #ch1 ,united ,states ,code1 is amended to read as follows 7and the table of sections at the beginning of chapter #ha of such title is amended accordingly73 #habc4 ,procurement of prosthetic appliances and surgical implants 7a7 ,authority ,the ,secretary may procure prosthetic appliances and surgical implants by purchase1 manufacture1 contract1 or in such other manner that the ,secretary determines to be proper4 7b7 ,catalog 7#a7 ,the ,secretary shall maintain a catalog of prosthetic appliances and surgical implants that the ,secretary procures by purchase or contract4 7#b7 ,the ,secretary shall coordinate with the ,secretary of ,defense to ensure that such catalog requires the same data regarding a prosthetic appliance or surgical implant that is required by the ,defense ,health ,agency4 7#c7 ,the ,secretary shall implement a process by which a manufacturer of a prosthetic appliance or surgical implant may propose to the ,secretary a proposed revision to such catalog 7including with regards to form1 size1 generation1 or model7-- 7,a7 by standardized and electronic means2 7,b7 that minimizes the documentation required by such a manufacturer4 7c7 ,purchase orders for surgical implants ,the ,secretary shall procure all surgical implants used in a medical procedure through-- 7#a7 a firm-fixed price single purchase order submitted and processed through the ,prosthetic and ,sensory ,aids ,service of the ,department2 7#b7 in accordance with the ,federal ,acquisition ,regulation2 and 7#c7 a process that-- 7,a7 eliminates duplicative billing2 and 7,b7 allows the ,secretary to correct errors in real time4 7d7 ,definitions ,in this section3 7#a7 ,the term ,federal ,acquisition ,regulation means the ,federal ,acquisition ,regulation issued pursuant to section #acjc7;a77#a7 of title #da4 7#b7 ,the term firm-fixed price has the meaning given such term in the ,federal ,acquisition ,regulation4 7#c7 ,the term prosthetic appliance includes any service or product required in the fitting1 supplying1 training1 or use of a prosthetic appliance4 7#d7 ,the term surgical implant includes any item used in a surgery regarding a surgical implant1 including an implantable device1 a screw1 guidewire1 or surgical tool4 4 7b7 ,implementation ,the ,secretary of ,veterans ,affairs shall implement-- 7#a7 subsection 7c7 of such section1 as added by this section1 not later than one year after the date of the enactment of this ,act2 and 7#b7 subsection 7b7 of such section1 as added by this section1 not later than three years after the date of the enactment of this ,act4 ,until the ,secretary implements such subsection1 the ,secretary shall accept a proposed revision described in such subsection during at least two periods1 prescribed by the ,secretary1 per year4