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Department of Veterans Affairs FY2016 Appropriations: In Brief

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Department of Veterans Affairs FY2016 Appropriations: In Brief Sidath Viranga Panangala Specialist in Veterans Policy November 18, 2015 Congressional Research Service 7-5700 www.crs.gov R44241 Department of Veterans Affairs FY2016 Appropriations: In Brief Contents Department of Veterans Affairs Overview ...................................................................................... 1 The VA Budget ................................................................................................................................ 1 Advance Appropriations............................................................................................................ 2 Funding for the Veterans Access, Choice, and Accountability Act ........................................... 2 The President’s Budget Request for FY2016 and Congressional Action ........................................ 3 President’s Request ................................................................................................................... 3 House and Senate Action .......................................................................................................... 4 House .................................................................................................................................. 4 FY2015 Budget Shortfall .................................................................................................... 4 Continuing Appropriations Act, 2016 (P.L. 114-53) ........................................................... 5 Senate .................................................................................................................................. 6 Tables Appropriations: In Brief
February 24, 2016 (R44241)

Contents

Tables

Table 1. Department of Veterans Affairs, FY2015, FY2016 Mandatory and Discretionary Appropriations Appropriations and FY2017 Advance Appropriations ................................................................. 7 Table 2. Department of Veterans Affairs, FY2015, FY2016 Appropriations and FY2017 Advance Appropriations ............................................................................................................... 8 Contacts Author Contact Information .......................................................................................................... 12 Congressional Research Service Department of Veterans Affairs FY2016 Appropriations: In Brief FY2015, FY2016 Appropriations and FY2017 Advance Appropriations Department of Veterans Affairs Overview The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans1 veterans1 who meet certain eligibility rules; these benefits include medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance as well as traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses. The VA carries out its programs nationwide through three administrations and the Board of Veterans Appeals (BVA).22 The Veterans Benefits Administration (VBA) is responsible for, among other things, providing compensation, pensions, and education assistance. The National Cemetery Administration (NCA)33 is responsible for maintaining national veterans' cemeteries; providing grants to states for establishing, expanding, or improving state veterans' cemeteries; and providing headstones and markers for the graves of eligible persons, among other things. The Veterans Health Administration (VHA) is responsible for health care services and medical and prosthetic research programs. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the nation’s 's largest integrated health care system. Inpatient and outpatient care are also provided in the private sector to eligible dependents of veterans under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). The VA Budget The VA budget includes both mandatory4mandatory4 and discretionary funding.55 Mandatory accounts fund disability compensation, pensions, vocational rehabilitation and employment, education, life insurance, housing, and burial benefits (such as graveliners, outer burial receptacles, and headstones), among other benefits and services. Discretionary accounts fund medical care, medical research, construction programs, information technology, and general operating expenses, among other things. 1 In general, payments of benefits made to, or on account of, a beneficiary under any law administered by the VA are exempt from federal taxation. Furthermore, benefits are exempt, in most cases, from “attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary” (38 U.S.C. §5301(a)(1)). 2 The BVA is part of the Department of Veterans Affairs, located in Washington, DC, and makes the final determination on an appeal within the VA. The BVA reviews all appeals for entitlement to veterans’ benefits, including claims for service connection, increased disability ratings, pension, insurance benefits, educational benefits, home loan guaranties, vocational rehabilitation, dependency and indemnity compensation, health care services, and fiduciary matters. 3 Established by the National Cemeteries Act of 1973 (P.L. 93-43). 4 Mandatory programs funded through the annual appropriations process are commonly referred to as appropriated entitlements. In general, appropriators have little control over the amounts provided for appropriated entitlements; rather, the authorizing statute establishes the program parameters (e.g., eligibility rules, benefit levels) that entitle certain recipients to payments. If Congress does not appropriate the money necessary to meet these commitments, entitled recipients (e.g., individuals, states, or other entities) may have legal recourse. For an overview of mandatory spending, see CRS Report RL33074, Mandatory Spending Since 1962, by Mindy R. Levit, D. Andrew Austin, and Jeffrey M. Stupak. 5 Funding for discretionary programs is provided and controlled through the annual appropriations process. For more information, see CRS Report R41726, Discretionary Budget Authority by Subfunction: An Overview, by D. Andrew Austin. Congressional Research Service 1 Department of Veterans Affairs FY2016 Appropriations: In Brief Advance Appropriations6 expenses, among other things. Advance Appropriations6 In 2009, Congress enacted the Veterans Health Care Budget Reform and Transparency Act of 2009 (P.L. 111-81), authorizing advance appropriations for three of the four VHA accounts: medical services, medical support and compliance, and medical facilities.77 In 2014, Congress passed the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; ; P.L. 113235113-235), which amended 38 U.S.C §117 and included three more accounts in the advance appropriations list of accounts. This authorizes advance appropriations for three mandatory VA benefits programs within the Veterans Benefits Administration: compensation and pensions, readjustment benefits, and veterans insurance and indemnities. Beginning with the FY2016 Military Construction and Veterans Affairs and Related Agencies Appropriations bill (MILCONVAMILCON-VA appropriations bill), those accounts would also receive advance appropriations for FY2017 in addition to the three VHA accounts already authorized to receive advance appropriations. Congress has authorized advance appropriations of new budget authority for these accounts to prevent potential delays in the delivery of care and benefits to veterans that may arise in the event of a lapse in funding. Under present budget scoring guidelines, advance appropriations are scored as new budget authority in the fiscal year in which the funds become available for obligation, not in the fiscal year the appropriations are enacted.88 Therefore, throughout the funding tables in this report, advance appropriations numbers are shown under the label “memorandum”"memorandum" and in the corresponding fiscal year column. For example, the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; ; P.L. 113-235), provides advance appropriations for the medical services, medical support and compliance, and medical facilities accounts for FY2016. Funding shown for FY2015 does not include advance appropriations provided in FY2015 by P.L. 113-235 for use in FY2016. Instead, the advance appropriation provided in FY2015 for use in FY2016 is shown in the FY2016 column under the label "memorandum." Similarly, advance appropriations provided for FY2017 in the FY2016 MILCON-VA appropriations bill appear in the FY2017 column and under the label "memorandum." Funding for the Veterans Access, Choice, and Accountability Act The Veterans Access, Choice, and Accountability Act of 2014 (P.L. 113-146), as amended, provided $10 billion in mandatory funding by establishing the "Veterans Choice Fund" to provide care outside the VA health care system if veterans meet certain eligibility requirements.9 In 6 In general, an appropriations act makes budget authority available beginning on October 1 of the fiscal year for which the appropriations act is passed (“budget year”). However, some types of appropriations do not follow this pattern; among them are advance appropriations. An advance appropriation means appropriation of new budget authority that becomes available one or more fiscal years beyond the fiscal year for which the appropriations act was passed (i.e., beyond the budget year). For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations, by Jessica Tollestrup. 7 Codified at 38 U.S.C. §117. 8 Executive Office of the President, Office of Management and Budget (OMB), OMB Circular No. A–11, Section 20Terms and Concepts, 2015, p.15, available at https://www.whitehouse.gov/omb/circulars_a11_current_year_a11_toc; also see OMB Circular No. A–11, Appendix A -Scorekeeping Guidelines, 2015, p. 2, available at https://www.whitehouse.gov/omb/circulars_a11_current_year_a11_toc. 9 For more information, see CRS Report R43704, Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; P.L. 113-146), by Sidath Viranga Panangala et al., and CRS In Focus IF10224, Implementation of the Veterans Choice Program (VCP), by Sidath Viranga Panangala. Congressional Research Service 2 Department of Veterans Affairs FY2016 Appropriations: In Brief care outside the VA health care system if veterans meet certain eligibility requirements.9 In addition, P.L. 113-146 as amended provided $5 billion in mandatory funding to hire primary care and specialty care physicians and other medical staff in order to augment VA's health care workforce; to improve VHA's capital infrastructure; to acquire information technology (IT) infrastructure to support new medical facility activations and provide IT equipment for newly hired medical staff; and to increase payments under the Education Debt Reduction Program, among other things.1010 Although these mandatory funds are not part of the regular annual appropriations provided in the MILCON-VA appropriations bill and not shown in the tables of this report, these funds are in addition to the funds provided in the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; ; P.L. 113-235), and the House-passed FY2016 MILCON-VA appropriations bill and the Senate Appropriations Committee-recommended amounts in its version of the FY2016 MILCON-VA appropriations bill. For more details on the VHA’ VHA's request to Congress to authorize the use of approximately $3.3 billion provided for the Veterans Choice Fund (Section 802 of P.L. 113-146, as amended) for Veterans' Care in the Community programs, including up to $500 million for Hepatitis C pharmaceutical expenses, and Congress’ Congress's passage of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236; ; P.L. 114-41), see the text box titled "FY2015 Budget Shortfall." The President'), see the “FY2015 Budget Shortfall” section below. The President’s Budget Request for FY2016 and Congressional Action President’s Request President's Request The President submitted his FY2016 budget request to Congress on February 2, 2015. The President requested $164.6 billion for VA. This amount includes $70.1 billion for VA discretionary programs and $94.5 billion for mandatory benefits and services (see Table 1). The President'). The President’s request for the VHA is approximately $60.6 billion (without collections), an additional $1.3 billion (for the three medical care accounts) above the enacted 2016 advance appropriations for VHA, which was $58.7 billion. When the $622 million request for the medical and prosthetic research account is taken into consideration, the total amount requested for VHA is a $1.9 billion increase over the FY2015 amount. As required by P.L. 111-81, the Administration requested $63.3 billion in advance appropriations for VHA for FY2017, and as required by P.L. 113-235 the Administration requested $104 billion in advance appropriations for three mandatory (compensation and pensions, readjustment benefits, and insurance and indemnities) accounts for FY2017. Among other appropriations highlights, the President's FY2016 budget requested $1.1 billion for VA's major construction programs, an increase of $582 million above the FY2015enactedFY2015-enacted level. Lastly, the Administration requested $4.1 billion for VA's Information Technology (IT) programs, an increase of $230 million above FY2015-enacted level of $3.9 billion (see Table 2). 10 Department of Veterans Affairs, Funding Plan for Section 801 of the Veterans Access, Choice, and Accountability Act of 2014, November 24, 2014, pp. 4-9. Congressional Research Service 3 Department of Veterans Affairs FY2016 Appropriations: In Brief House and Senate Action House The House Appropriations Committee approved the FY2016 Military Construction and Veterans Affairs appropriations bill (MILCON-VA appropriations bill) on April 22, 2015. The House Table 2). House and Senate Action

This section of the report provides a chronological overview of the House and Senate action on the FY2016 Military Construction and Veterans Affairs appropriations bill (MILCON-VA appropriations bill). It begins with House action in April 2015, followed by the continuing resolutions (CRs) that funded the VA at the beginning of FY2016 (because none of the appropriations bills were enacted by October 1, 2015), which was then followed by Senate action in November, and finally the enactment of the Consolidated Appropriations Act, 2016 (P.L. 114-113), in December 2015. In the intervening period, and outside of the regular FY2016 appropriations process, Congress addressed a budget shortfall at the VA. This is described in the text box below under the heading "FY2015 Budget Shortfall."

House The House Appropriations Committee approved the FY2016 Military Construction and Veterans Affairs appropriations bill (MILCON-VA appropriations bill) on April 22, 2015. The House
passed the measure (H.R. 2029, , H.Rept. 114-92) on April 30. The House-passed measure provides $163.2 billion for the VA for FY2016, approximately $1.4 billion less than the President’ President's request of $164.6 billion. However, compared with the FY2015-enacted level ($159.1 billion), the House-passed measure provides an overall increase of 2.6% for FY2016. Of the total amount provided for the VA for FY2016, approximately $60.3 billion is for the VHA (without collections). This amount includes advance appropriations ($58.7 billion) enacted in FY2015 and an additional $971.6 million above that amount for the medical services account for costs associated with Hepatitis C treatment, Family Caregivers Program stipends, and care for eligible Camp Lejeune veterans and family members, among other things (see Table 2), and $621.8 million for the medical and prosthetic research account, an increase of $32.9 million above the FY2015-enacted amount and same as the President's request. Among other major highlights, the MILCON-VA appropriations bill provides the same level of funding as the President's request for the VBA mandatory benefit programs (see Table 2) and approximately $561.8 million for VA construction major projects, a decrease of $582 million from the President's request of $1.1 billion. According to the committee report (H.Rept. 114-92), "), “the construction mismanagement with the VA Aurora, Colorado hospital project [Denver Replacement VA Medical Center campus], in particular, the cost overruns that are now estimated at $930,000,000,”11"11 is part of the rationale for this reduction in funding.12 12 Lastly, the House-passed measure provides approximately $63.3 billion in advance appropriations for the three medical care accounts (medical services, medical support and compliance, and medical facilities) and $104 billion for mandatory benefits programs (compensation and pensions, readjustment benefits, and veterans insurance and indemnities) for FY2017, the same amount as the President's request. FY2015 Budget Shortfall Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114-41) ) On June 23, 2015, VA transmitted a proposal to Congress seeking the transfer of funds from the Veterans Choice Fund (established by Section 802 of P.L. 113-146, as amended) to the discretionary medical care accounts for FY2015. VA's proposal requested a transfer of up to $3 billion to meet demand for care outside of the VA health care system (Care in the Community), of which no more than $500 million was for Hepatitis C treatment. A majority of these funds were to 11 U.S. Congress, House Committee on Appropriations, Military Construction, Veterans Affairs, and Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029, 114th Cong., 1st sess., April 24, 2015, p. 63. 12 The Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114-58) provided additional authorization of up to $1.675 billion for the major medical facility construction project in Denver, Colorado. The Continuing Appropriations Act 2016 (P.L. 114-53) authorizes the VA to transfer up to $625 million in discretionary unobligated balances appropriated for FY2015 and discretionary advance appropriations for FY2016 to fund the increased authorization. Congressional Research Service 4 Department of Veterans Affairs FY2016 Appropriations: In Brief replenish expenses incurred in the medical services account since May 2015 to provide Care in the Community.13 On July 31, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114-41) was enacted into law. Among other things, P.L. 114-41 made modifications to the Veterans Access, Choice, and Accountability Act of 2014 (P.L. 113-46 as amended)14 and authorized not more than $3.3 billion from the Veterans Choice Fund to be transferred to other discretionary medical care accounts for Care in the Community and to replenish those accounts for expenses incurred on or after May 1, 2015. Of this amount, no more than $500 million was for pharmaceutical expenses relating to the treatment of Hepatitis C. This transfer authority ended on October 1, 2015. Furthermore, P.L. 114-41 required the VA Secretary to provide Congress with a plan to consolidate all non-VA health care programs by establishing a new, single program to be known as the "Veterans Choice Program" to furnish hospital care and medical services to veterans enrolled in the VA health care system at non-VA facilities. The plan was submitted to Congress on October 30, 2015.15 These transfers are not not shown in Table 1 and Table 2. of this report. Continuing Appropriations Act, 2016 (P.L. 114-53)16 )13 None of the FY2016 regular appropriations bills, including the MILCON-VA appropriations bill, were enacted by the start of FY2016 on October 1, 2015. On September 30, Congress passed and the President signed into law a continuing resolution (CR) for the period October 1, 2015, through December 11, 2015. The Continuing Appropriations Act, 2016 (P.L. 114-53), funded most ), funds most VA programs through a formula using the FY2015 level of appropriations minus an across-thebroad rescission of 0.2108%. Section 115 of P.L. 114-53 would require that this same percentage be applied to rescind funds from the FY2016 advanced appropriated accounts: medical services, medical support and compliance, and medical facilities accounts. As stated before, these accounts received $58.7 billion for FY2016 in the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), which became available on October 1, 2015. Section 145 of the Continuing Appropriations Act, 2016, would authorize the VA to obligate funding in its General Operating Expenses account for the Veterans Benefits Administration (VBA) under the CR formula at a rate for operations of $2.7 billion to maintain necessary staffing levels and information technology required to support disability claims processing and other veterans services provided by VBA. The Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), provided approximately $2.5 billion for the VBA General Operating Expenses account for FY2015 (see Table 2). the-broad rescission of 0.2108%. Furthermore, Section 144 of P.L. 114-53 would authorize authorized the VA to transfer up to $625 million from unobligated balances in FY2015 and FY2016 advance appropriations discretionary accounts to the construction major projects account to fund the Denver Replacement Medical Center construction project.17 13 For more information and accompanying VA documents, see http://www.va.gov/opa/pressrel/pressrelease.cfm?id= 2718. 14 See CRS Report R43704, Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; P.L. 113-146), by Sidath Viranga Panangala et al. 15 The full plan is available at http://www.va.gov/opa/publications/VA_Community_Care_Report_11_03_2015.pdf, and a fact sheet produced by the VA on the plan is available at http://bit.ly/1MpV1R8. 16 For more information, see CRS Report R44214, Overview of the FY2016 Continuing Resolution (H.R. 719), by Jessica Tollestrup. 17 The Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114-58) provided additional authorization of up to $1.675 billion for the major medical facility construction project in Denver, Colorado. Congressional Research Service 5 Department of Veterans Affairs FY2016 Appropriations: In Brief Lastly, Section 146 of the Continuing Appropriations Act, 2016, would rescind certain amounts from FY2014 medical accounts (medical services, medical support and compliance, and medical facilities), which became available on October 1, 2013, and reappropriates them to those same accounts to be available for two fiscal years. Senate On May 21, 2015, the Senate Appropriations Committee approved its version of the MILCONVA appropriations bill (H.R. 2029; S.Rept. 114-57). construction project.14 This CR was further extended by H.J. Res. 78; P.L. 114-100. Senate Following the Bipartisan Budget Act of 2015 ( (P.L. 114-74), which increased the discretionary spending caps for FY2016 and FY2017, on Thursday, November 5, 2015, the Senate agreed to consider the MILCON-VA appropriations bill, 2016 (H.R. 2029). Senator Kirk then proposed S.Amdt. 2763 in the nature of a substitute to H.R. 2029.15H.R. 2029.18 The Senate passed the S.Amdt. 2763 in the nature of a substitute to H.R. 2029, as amended, on November 10. , 2015. It should be noted that the Senate Appropriations Committee had approved its version of the MILCON-VA appropriations bill (H.R. 2029; S.Rept. 114-57) on May 21, 2015. S.Amdt. 2763, as amended, providesprovided additional funding of approximately $3.1 billion over the previously appropriated advance appropriation of $47.6 billion for the medical services account for FY2016 (see Table 2). S.Amdt. 2763 to H.R. 2029, as amended, directsdirected that of the total amount provided for the medical services account for FY2016, $900 million shall be for Hepatitis C Virus treatments. Furthermore, the Senate-passed MILCONVAMILCON-VA appropriations bill providesprovided $8.9 million more than the President's request of $621.8 million for the medical and prosthetic research account, requiresrequired the VA to spend not less than $10 million to hire additional caregiver support coordinators for the Comprehensive Assistance for Family Caregivers program, and requiresrequired the VA to use not less than $5 million from the medical services account for FY2016 to carry out a pilot program to assess the feasibility and advisability of establishing a grants program to provide furniture, household items, and other assistance to formerly homeless veterans who are moving into permanent housing. All other amounts reflect reflected the Senate Appropriations Committee-approved version of the MILCON-VA appropriations bill ( (H.R. 2029; ; S.Rept. 114-57) (see Table 1 and Table 2). Consolidated Appropriations Act, 2016 (H.R. 2029; P.L. 114-113) On December 18, 2015, the President signed the Consolidated Appropriations Act, 2016, completing the FY2016 appropriations process. Division J of the Consolidated Appropriations Act, 2016, contained the MILCON-VA appropriations act. The enacted measure provides $162.7 billion for the VA for FY2016. Of this amount, $91.4 billion is for veterans' benefits, including disability compensation and pensions and readjustment benefits; $61.8 billion is for veterans' health and research programs; and $9.2 billion is for information technology, construction programs, and general operations and administrative expenses. Based on new lower estimates provided in the Administration's mid-session budget review, the compensation and pensions account and the readjustment benefits account received lower funding levels than what was proposed by the President and passed in the House and Senate versions of the MILCON-VA appropriations bills (see Table 2). Furthermore, the MILCON-VA appropriations act, 2016 (P.L. 114-113) provides $1.2 billion for the construction major projects account, which is $100 million above the President's request, and withholds some funding until the VA enters into an agreement with a non-Department of Veterans Affairs federal entity to serve as the design and/or construction agent for each major construction project with a total estimated cost of $100 million or above. This requirement to contract with a non-VA federal entity was included in Section 502 of the Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114-58).16 Furthermore, Section 1096 of the FY2016 National Defense Authorization Act (P.L. 114-92) required the VA to enter into an agreement with the Army Corps of Engineers or another federal entity to serve, as the construction agent for the construction, alteration, or acquisition of any VA medical facility that involves a total expenditure of more than $100 million. ). 18 “Amendments Submitted and Proposed,” Congressional Record, daily edition, vol. 161, No. 165 (November 5, 2015), pp. S7823-S7832. Congressional Research Service 6 Table 1. Department of Veterans Affairs, FY2015, FY2016 Mandatory and Discretionary Appropriations and FY2017 Advance Appropriations ($ in Thousands) Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) FY2015 President’s Request House-Passed Appropriations

($ in thousands)

 

Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235)

President's Request

House-Passed
(H.R. 2029; H.Rept. 11492) Senate-Passed 114-92) Senate-Passed(H.R. 2029; S.Amdt. 2763, as amended) FY2016 FY2016 FY2017 FY2016 FY2017 FY2016 FY2017 $159,144,807 — $164,649,778 — $163,206,916 — $165,762,416 — Total Mandatory 94,131,393 — 94,546,757 — 94,546,757 — 94,546,757 — Total Discretionary 65,013,414 — 70,103,021 — 68,660,159 — 71,215,659 — Total Department of Veterans Affairs (VA) Memorandum: Advance appropriations Veterans Benefits Administration, (VBA)a — Advance appropriations Veterans Health Administration, (VHA)b — Total Advance appropriations — — — $103,982,585 — $103,982,585 — $103,982,585 $58,662,202 — 63,271,000 — 63,271,000 — 63,271,000 $58,662,202 — $167,253,585 — $167,253,585 — $167,253,585 Sources: as amended)

Consolidated Appropriations Act, 2016 (H.R. 2029; P.L. 114-113)

 

FY2015

FY2016

FY2016

FY2017

FY2016

FY2017

FY2016

FY2017

FY2016

FY2017

Total Department of Veterans Affairs (VA)

$159,144,807

$164,649,778

$163,206,916

$165,762,416

$162,671,005

Total Mandatory

94,131,393

94,546,757

94,546,757

94,546,757

91,256,062

Total Discretionary

65,013,414

70,103,021

68,660,159

71,215,659

71,414,943

Memorandum:

Advance appropriations Veterans Benefits Administration, (VBA)a

$103,982,585

$103,982,585

$103,982,585

$102,515,876

Advance appropriations Veterans Health Administration, (VHA)b

$58,662,202

63,271,000

63,271,000

63,271,000

63,271,000

Total Advance appropriations

$58,662,202

$167,253,585

$167,253,585

$167,253,585

$165,786,876

Sources:
Table prepared by the Congressional Research Service based on U.S. Congress, House Committee on Appropriations, Military Construction, Veterans Affairs, And Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029, 114th Congress, 1st114th Congress, 1st session, April 24, 2015, H.Rept. 114-92; U.S. Congress, Senate Committee on Appropriations, Military Construction, Veterans Affairs, And Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029,114th Congress, 1st114th Congress, 1st session, May 21, 2015, S.Rept. 114-57; "Amendments Submitted and Proposed," Congressional Record, daily edition, vol. 161, No. 165 (November 5, 2015), pp. S7823-S7832; and “Military CRS-7 "Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016" Congressional Record, daily edition, vol. 161, No. 167 (November 10, 2015), pp. S7878S7881. a. As authorized in P.L. 113-235, beginning with FY2017 certain VBA accounts would receive advance appropriations, provided an FY2016 MILCON-VA appropriations bill is enacted. b. S7878-S7881; Explanatory Statement Submitted By Mr. Rogers of Kentucky, Chairman of The House Committee On Appropriations Regarding House Amendment No. 1 To The Senate Amendment on H.R. 2029—Continued, Congressional Record, daily edition, vol. 161, Book III (December 17, 2015), pp. H10403-H10411. a. As authorized in P.L. 113-235, beginning with FY2017 certain VBA accounts would receive advance appropriations, as provided in the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016 (Division J of the Consolidated Appropriations Act, 2016, P.L. 114-113) b. Congress first provided advance appropriations for the three VHA accounts in the FY2010 appropriations cycle; the Consolidated Appropriations Act, 2010 (P.L. 111117111-117), provided advance appropriations for FY2011. Subsequently, each successive appropriation measure has provided advance appropriations for the VHA accounts. Table 2. Department of Veterans Affairs, FY2015, FY2016 Appropriations and FY2017 Advance Appropriations ($ in Thousands) Enacted (Consolidated and Further Continuing Appropriations Act, P.L. 113-235) Program President’s Request FY2016 FY2017 House-Passed (H.R. 2029; H.Rept. 114-92) Senate-Passed (H.R. 2029; S.Amdt. 2763, as amended) FY2016 FY2017 ― $79,124,675 ― 15,344,922 ― 15,344,922 ― 77,160 ― 77,160 ― ― 164,558 ― ― 31 ― ― 367 ― ― 1,134 ― FY2015 FY2016 FY2016 FY2017 $79,071,000 ― $79,124,675 ― $79,124,675 14,997,136 ― 15,344,922 ― 63,257 ― 77,160 ― Veterans Benefits Administration (VBA) Compensation and pensions Readjustment benefits Insurance and indemnities Housing programs administration 160,881 Vocational rehabilitation loan program 10 Vocational rehabilitation loan administration 361 Native American housing loan program Total, VBA National Cemetery Administration (NCA) CRS-8 1,130 ― ― ― ― 164,558 31 367 1,134 ― ― ― ― 164,558 31 367 1,134 94,293,775 ― 94,712,847 ― 94,712,847 ― 94,712,847 ― 256,800 ― 266,220 ― 266,220 ― 266,220 ― Enacted (Consolidated and Further Continuing Appropriations Act, P.L. 113-235) Program Total, NCA FY2015 FY2016 President’s Request FY2016 FY2017 House-Passed (H.R. 2029; H.Rept. 114-92) FY2016 FY2017 Senate-Passed (H.R. 2029; S.Amdt. 2763, as amended) FY2016 FY2017 256,800 ― 266,220 ― 266,220 ― 266,220 ― 45,015,527 ― 47,603,202 ― 47,603,202 ― 47,603,202 ― Additional funding over FY2015 Advance appropriation 209,189 ― Additional Funding over FY2016 Advance appropriations ― ― Veterans Health Administration (VHA) Medical services Medical support and compliance Additional Funding over FY2016 Advance appropriations Medical facilities 5,879,700 ― 4,739,000 ― ― ― ― 1,124,197 ― 971,554 ― 3,095,275 ― ― 6,144,000 ― 6,144,000 ― 6,144,000 ― ― 69,961 ― ― 4,915,000 ― ― 4,915,000 ― ― ― ― 4,915,000 ― ― Additional Funding over FY2016 Advance appropriations ― ― 105,132 ― ― ― ― ― Medical and prosthetic research 588,922 ― 621,813 ― 621,813 ― 630,735 ― 56,432,338 ― 60,583,305 ― 60,255,569 ― 62,388,212 ― 2,456,000 ― 2,445,000 ― 2,445,000 ― 2,445,000 ― 58,888,338 ― 63,028,305 ― 62,700,569 ― 64,833,212 ― Total, VHA (without collections) Medical Care Collection Fund (MCCF)a Total, VHA (with collections) CRS-9 Enacted (Consolidated and Further Continuing Appropriations Act, P.L. 113-235) Program FY2015 FY2016 President’s Request FY2016 FY2017 House-Passed (H.R. 2029; H.Rept. 114-92) FY2016 FY2017 Senate-Passed (H.R. 2029; S.Amdt. 2763, as amended) FY2016 FY2017 Departmental Administration General administration 321,591 ― 346,659 ― 324,959 ― 311,591 ― 99,294 ― 107,884 ― 109,884 ― 107,884 ― General operating expenses, VBAb 2,534,254 ― 2,697,734 ― 2,702,734 ― 2,697,734 ― Information technology 3,903,344 ― 4,133,363 ― 4,039,563 ― 4,106,363 ― Inspector General 126,411 ― 126,766 ― 131,766 ― 126,766 ― Construction, major projects 561,800 1,027,064 ― Construction, minor projects 495,200 378,080 ― 100,000 ― 46,000 ― 8,901,482 ― Board of Veterans Appeals Grants for state extended care facilities 90,000 Grants for state veterans cemeteries 46,000 Total, Departmental Administration 8,177,894 ― ― ― ― ― 1,143,800 406,200 80,000 45,000 9,087,406 Administrative rescission -16,000 ― Total, Department of Veterans Affairs (without collections) 159,144,807 ― 164,649,778 — — — ― ― ― ― ― 561,800 406,200 80,000 45,000 8,401,906 ― ― ― ― ― ― -429,626 ― -506,345 ― ― 163,206,916 ― 165,762,416 ― Memorandum: Advance Appropriations Compensation and pensions CRS-10 87,146,761 — 87,146,761 — 87,146,761 Enacted (Consolidated and Further Continuing Appropriations Act, P.L. 113-235) Program President’s Request House-Passed (H.R. 2029; H.Rept. 114-92) Senate-Passed (H.R. 2029; S.Amdt. 2763, as amended) FY2016 FY2017 16,743,904 — 16,743,904 — 91,920 — 91,920 103,982,585 — 103,982,585 — 103,982,585 — 51,673,000 — 51,673,000 — 51,673,000 6,144,000 — 6,524,000 — 6,524,000 — 6,524,000 — 4,915,000 — 5,074,000 — 5,074,000 — 5,074,000 Total VHA — 58,662,202 — 63,271,000 — 63,271,000 — 63,271,000 Total, VA advance appropriations — $58,662,202 — $167,253,585 — $167,253,585 — $167,253,585 FY2015 FY2016 FY2016 FY2017 FY2016 Readjustment benefits — — — 16,743,904 — Insurance and indemnities — — — 91,920 Total VBA — — — Medical services — 47,603,202 Medical support and compliance — Medical facilities FY2017 Source:

($ in thousands)

Program

Enacted (Consolidated and Further Continuing Appropriations Act, P.L. 113-235)

President's Request

House-Passed (H.R. 2029; H.Rept. 114-92)

Senate-Passed(H.R. 2029; S.Amdt. 2763, as amended) Consolidated Appropriations Act, 2016 (H.R. 2029;P.L. 114-113)  

FY2015

FY2016

FY2016

FY2017

FY2016

FY2017

FY2016

FY2017

FY2016

FY2017

Veterans Benefits Administration (VBA)

                   

Compensation and pensions

$79,071,000

$79,124,675

$79,124,675

$79,124,675

$76,865,545

Readjustment benefits

14,997,136

15,344,922

15,344,922

15,344,922

14,313,357

Insurance and indemnities

63,257

77,160

77,160

77,160

77,160

Housing programs administration

160,881

164,558

164,558

164,558

164,558

Vocational rehabilitation loan program

10

31

31

31

31

Vocational rehabilitation loan administration

361

367

367

367

367

Native American housing loan program

1,130

1,134

1,134

1,134

1,134

Total, VBA

94,293,775

94,712,847

94,712,847

94,712,847

91,422,152

National Cemetery Administration (NCA)

256,800

266,220

266,220

266,220

271,220

Total, NCA

256,800

266,220

266,220

266,220

271,220

Veterans Health Administration (VHA)

                   

Medical services

45,015,527

47,603,202

47,603,202

47,603,202

47,603,202

Additional funding over FY2015 Advance appropriation

209,189

 

Additional Funding over FY2016 Advance appropriations

1,124,197

971,554

3,095,275

2,369158

Medical support and compliance

5,879,700

6,144,000

6,144,000

6,144,000

6,144,000

Additional Funding over FY2016 Advance appropriations

69,961

Medical facilities

4,739,000

4,915,000

4,915,000

4,915,000

4,915,000

Additional Funding over FY2016 Advance appropriations

105,132

105,132

Medical and prosthetic research

588,922

621,813

621,813

630,735

630,735

Total, VHA (without collections)

56,432,338

60,583,305

60,255,569

62,388,212

61,767,227

Medical Care Collection Fund (MCCF)a

2,456,000

2,445,000

2,445,000

2,445,000

2,445,000

Total, VHA (with collections)

58,888,338

63,028,305

62,700,569

64,833,212

64,212,227

Departmental Administration

                   

General administration

321,591

346,659

324,959

311,591

336,659

Board of Veterans Appeals

99,294

107,884

109,884

107,884

109,884

General operating expenses, VBAb

2,534,254

2,697,734

2,702,734

2,697,734

2,707,734

Information technology

3,903,344

4,133,363

4,039,563

4,106,363

4,133,363

Inspector General

126,411

126,766

131,766

126,766

136,766

Construction, major projects

561,800

1,143,800

561,800

1,027,064

1,243,800

Construction, minor projects

495,200

406,200

406,200

378,080

406,200

Grants for state extended care facilities

90,000

80,000

80,000

100,000

120,000

Grants for state veterans cemeteries

46,000

45,000

45,000

46,000

46,000

Total, Departmental Administration

8,177,894

9,087,406

8,401,906

8,901,482

9,240,406

Administrative rescission

-16,000

 

-429,626

-506,345

-30,000

Total, Department of Veterans Affairs (without collections)

159,144,807

164,649,778

163,206,916

165,762,416

162,671,005

Memorandum: Advance Appropriations

                   

Compensation and pensions

87,146,761

87,146,761

87,146,761

86,083,128

Readjustment benefits

16,743,904

16,743,904

16,743,904

16,340,828

Insurance and indemnities

91,920

91,920

91,920

91,920

Total VBA

103,982,585

103,982,585

103,982,585

102,515,876

Medical services

47,603,202

51,673,000

51,673,000

51,673,000

51,673,000

Medical support and compliance

6,144,000

6,524,000

6,524,000

6,524,000

6,524,000

Medical facilities

4,915,000

5,074,000

5,074,000

5,074,000

5,074,000

Total VHA

58,662,202

63,271,000

63,271,000

63,271,000

63,271,000

Total, VA advance appropriations

$58,662,202

$167,253,585

$167,253,585

$167,253,585

$165,786,876

Source:
Table prepared by the Congressional Research Service based on U.S. Congress, House Committee on Appropriations, Military Construction, Veterans Affairs, And Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029, 114th Congress, 1st114th Congress, 1st session, April 30, 2015, H.Rept. 114-92; U.S. Congress, Senate Committee on Appropriations, Military Construction, Veterans Affairs, And Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029,114th Congress, 1st114th Congress, 1st session, May 21, 2015, S.Rept. 114-57, pp. 111-113, "Amendments Submitted and Proposed," Congressional Record, daily edition, vol. 161, No. 165 (November 5, 2015), pp. S7823-S7832, and "Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016" Congressional Record, daily edition, vol. 161, No. 167 (November 10, 2015), pp. S7878-S7881. Notes: Explanatory Statement Submitted By Mr. Rogers of Kentucky, Chairman of The House Committee On Appropriations Regarding House Amendment No. 1 To The Senate Amendment on H.R. 2029—Continued, Congressional Record, daily edition, vol. 161, Book III (December 17, 2015), pp. H10403-H10411. Notes: Table shows appropriation amount (new budget authority), and not total budget authority for the Department of Veterans Affairs. Total budget authority for the VA is the amount of money the VA can spend, or obligate to spend, by law; it has several forms including appropriations, authority to borrow, contract authority, and authority to spend from offsetting collections. For more information, see CRS Report 98-721, Introduction to the Federal Budget Process, coordinated by James V. Saturno. a. [author name scrubbed]. a. Medical Care Collection Fund (MCCF) receipts are restored to the Veterans Health Administration as an indefinite budget authority equal to the revenue collected. b. b. Beginning with FY2012, the General Operating Expenses category was split into General Administration and General Operating Expenses, Veterans Benefit Administration. CRS-11 Department of Veterans Affairs FY2016 Appropriations: In Brief Author Contact Information Sidath Viranga Panangala Specialist in Veterans Policy spanangala@crs.loc.gov, 7-0623 Congressional Research Service 12 Administration.

Author Contact Information

[author name scrubbed], Specialist in Veterans Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

In general, payments of benefits made to, or on account of, a beneficiary under any law administered by the VA are exempt from federal taxation. Furthermore, benefits are exempt, in most cases, from "attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary" (38 U.S.C. §5301(a)(1)).

2.

The BVA is part of the Department of Veterans Affairs, located in Washington, DC, and makes the final determination on an appeal within the VA. The BVA reviews all appeals for entitlement to veterans' benefits, including claims for service connection, increased disability ratings, pension, insurance benefits, educational benefits, home loan guaranties, vocational rehabilitation, dependency and indemnity compensation, health care services, and fiduciary matters.

3.

Established by the National Cemeteries Act of 1973 (P.L. 93-43).

4.

Mandatory programs funded through the annual appropriations process are commonly referred to as appropriated entitlements. In general, appropriators have little control over the amounts provided for appropriated entitlements; rather, the authorizing statute establishes the program parameters (e.g., eligibility rules, benefit levels) that entitle certain recipients to payments. If Congress does not appropriate the money necessary to meet these commitments, entitled recipients (e.g., individuals, states, or other entities) may have legal recourse. For an overview of mandatory spending, see CRS Report RL33074, Mandatory Spending Since 1962, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].

5.

Funding for discretionary programs is provided and controlled through the annual appropriations process. For more information, see CRS Report R41726, Discretionary Budget Authority by Subfunction: An Overview, by [author name scrubbed].

6.

In general, an appropriations act makes budget authority available beginning on October 1 of the fiscal year for which the appropriations act is passed ("budget year"). However, some types of appropriations do not follow this pattern; among them are advance appropriations. An advance appropriation means appropriation of new budget authority that becomes available one or more fiscal years beyond the fiscal year for which the appropriations act was passed (i.e., beyond the budget year). For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations, by [author name scrubbed].

7.

Codified at 38 U.S.C. §117.

8.

Executive Office of the President, Office of Management and Budget (OMB), OMB Circular No. A–11, Section 20- Terms and Concepts, 2015, p.15, available at https://www.whitehouse.gov/omb/circulars_a11_current_year_a11_toc; also see OMB Circular No. A–11, Appendix A -Scorekeeping Guidelines, 2015, p. 2, available at https://www.whitehouse.gov/omb/circulars_a11_current_year_a11_toc.

9. For more information, see CRS Report R43704, Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; P.L. 113-146), by [author name scrubbed] et al., and CRS In Focus IF10224, Implementation of the Veterans Choice Program (VCP), by [author name scrubbed]. 10.

Department of Veterans Affairs, Funding Plan for Section 801 of the Veterans Access, Choice, and Accountability Act of 2014, November 24, 2014, pp. 4-9.

11.

U.S. Congress, House Committee on Appropriations, Military Construction, Veterans Affairs, and Related Agencies Appropriations Bill, 2016, report to accompany H.R. 2029, 114th Cong., 1st sess., April 24, 2015, p. 63.

12.

The Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114-58) provided additional authorization of up to $1.675 billion for the major medical facility construction project in Denver, Colorado. The Continuing Appropriations Act 2016 (P.L. 114-53) authorizes the VA to transfer up to $625 million in discretionary unobligated balances appropriated for FY2015 and discretionary advance appropriations for FY2016 to fund the increased authorization.

13.

For more information, see CRS Report R44214, Overview of the FY2016 Continuing Resolution (H.R. 719), by [author name scrubbed].

14.

The Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114-58) provided additional authorization of up to $1.675 billion for the major medical facility construction project in Denver, Colorado.

15.

"Amendments Submitted and Proposed," Congressional Record, daily edition, vol. 161, No. 165 (November 5, 2015), pp. S7823-S7832.

16.

Explanatory Statement Submitted By Mr. Rogers of Kentucky, Chairman of The House Committee On Appropriations Regarding House Amendment No. 1 To The Senate Amendment on H.R. 2029—Continued, Congressional Record, daily edition, vol. 161, Book III (December 17, 2015), p H10399.