Title 38 — Veterans’ Benefits
Part I · Chapter 1 — General
§ 117. Advance appropriations for certain accounts
Statutory text
In General.—
For each fiscal year, new budget authority provided in an appropriations Act for the covered accounts of the Department shall—
be made available for that fiscal year; and
include, for each such account, advance new budget authority that first becomes available for the first fiscal year after the budget year.
Estimates Required.—
The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.
Covered Accounts of the Department.—
For purposes of this section, the term “covered accounts of the Department” means the following accounts of the Department of Veterans Affairs account:
Veterans Benefits Administration, Compensation and Pensions.
Veterans Benefits Administration, Readjustment Benefits.
Veterans Benefits Administration, Veterans Insurance and Indemnities.
Veterans Health Administration, Medical Services.
Veterans Health Administration, Medical Support and Compliance.
Veterans Health Administration, Medical Facilities.
Veterans Health Administration, Medical Community Care.
Annual Report.—
Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department’s resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Veterans Health Care Budget Reform and Transparency Act of 2009
Pub. L. 111–81 § 3(a) · 123 Stat. 2137
Enacted · 38 U.S.C. § 117
Added Pub. L. 111–81, § 3(a), Oct. 22, 2009, 123 Stat. 2137
Source evidence
Code source credit
Added Pub. L. 111–81, § 3(a), Oct. 22, 2009, 123 Stat. 2137Enacted provision · exact public law section
(a) In General.— Chapter 1 of title 38, United States Code, is amended by inserting after section 116 the following new section: “§ 117. Advance appropriations for certain medical care accounts “(a) In General.— For each fiscal year, beginning with fiscal year 2011, discretionary new budget authority provided in an appropriations Act for the medical care accounts of the Department shall— “(1) be made available for that fiscal year; and “(2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. “(b) Estimates Required.— The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the medical care accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. “(c) Medical Care Accounts.— Definition. For purposes of this section, the term ‘medical care accounts of the Department’ means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: “(1) Medical Services. “(2) Medical Support and Compliance. “(3) Medical Facilities. “(d) Annual Report.— Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department’s resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.” .Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(4) · 128 Stat. 2130
Substituted · 38 U.S.C. § 117
Pub. L. 113–235, § 244(a)(4), substituted “certain accounts” for “certain medical care accounts” in section catchline
Source evidence
Code amendment note
Pub. L. 113–235, § 244(a)(4), substituted “certain accounts” for “certain medical care accounts” in section catchline.Enacted provision · exact public law section
(4) in the section heading, by striking “certain medical care accounts” and inserting “certain accounts”.Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(2) · 128 Stat. 2130
Struck · 38 U.S.C. § 117(a)
Pub. L. 113–235, § 244(a)(2), struck out “beginning with fiscal year 2011,” after “each fiscal year,” in introductory provisions and “discretionary” before “new budget authority” in introductory provisions and par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–235, § 244(a)(2), struck out “beginning with fiscal year 2011,” after “each fiscal year,” in introductory provisions and “discretionary” before “new budget authority” in introductory provisions and par. (2).Enacted provision · exact public law section
(2) in subsection (a)— (A) by striking “beginning with fiscal year 2011,”; and (B) by striking “discretionary” each place it appears;Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(1) · 128 Stat. 2130
Substituted · 38 U.S.C. § 117(a)
Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department” in introductory provisions.Enacted provision · exact public law section
(1) by striking “medical care accounts of the Department” each place it appears and inserting “covered accounts of the Department”;Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(1) · 128 Stat. 2130
Substituted · 38 U.S.C. § 117(b)
Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department”.Enacted provision · exact public law section
(1) by striking “medical care accounts of the Department” each place it appears and inserting “covered accounts of the Department”;Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(1) · 128 Stat. 2130
Substituted · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(1), (3)(A), (G), in heading, substituted “Covered Accounts of the Department” for “Medical Care Accounts” and, in introductory provisions
Substituted · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(1), (3)(A), (G), in heading, substituted “covered accounts of the Department” for “medical care accounts of the Department”
Substituted · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(1), (3)(A), (G), in heading, substituted “accounts of the Department of Veterans Affairs account” for “medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–235, § 244(a)(1), (3)(A), (G), in heading, substituted “Covered Accounts of the Department” for “Medical Care Accounts” and, in introductory provisions, substituted “covered accounts of the Department” for “medical care accounts of the Department” and “accounts of the Department of Veterans Affairs account” for “medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account”.Enacted provision · exact public law section
(1) by striking “medical care accounts of the Department” each place it appears and inserting “covered accounts of the Department”;Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015
Pub. L. 113–235 § 244(a)(3)(B) · 128 Stat. 2130
Inserted · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(3)(B)–(F), inserted “Veterans Health Administration,” after enumerators for pars. (1) to (3)
Redesignated · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(3)(B)–(F), redesignated pars. (1) to (3) as (4) to (6), respectively
Added · 38 U.S.C. § 117(c)
Pub. L. 113–235, § 244(a)(3)(B)–(F), added pars. (1) to (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–235, § 244(a)(3)(B)–(F), inserted “Veterans Health Administration,” after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).Enacted provision · exact public law section
(B) in paragraph (1), by inserting “Veterans Health Administration,” and after “(1)”;Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016
Pub. L. 114–315 title VI § 601(a) · 130 Stat. 1536
Added · 38 U.S.C. § 117(c)(7)
Pub. L. 114–315 added par. (7)
Source evidence
Code amendment note
Subsec. (c)(7). Pub. L. 114–315 added par. (7).Enacted provision · exact public law section
(a) In General.— Section 117(c) is amended by adding at the end the following new paragraph: “(7) Veterans Health Administration, Medical Community Care.” .Effective date note
Amendment by Pub. L. 114–315 applicable to fiscal years beginning on and after Oct. 1, 2017, see section 601(c) of Pub. L. 114–315, set out as a note under section 1105 of Title 31, Money and Finance.
12 of 12 references resolved to an enrolled provision
Editorial Notes
Amendments2014–2016 · 2 rounds
2016
Subsec. (c)(7). Pub. L. 114–315 added par. (7).
2014
Pub. L. 113–235, § 244(a)(4), substituted “certain accounts” for “certain medical care accounts” in section catchline.
Subsec. (a). Pub. L. 113–235, § 244(a)(2), struck out “beginning with fiscal year 2011,” after “each fiscal year,” in introductory provisions and “discretionary” before “new budget authority” in introductory provisions and par. (2).
Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department” in introductory provisions.
Subsec. (b). Pub. L. 113–235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department”.
Subsec. (c). Pub. L. 113–235, § 244(a)(1), (3)(A), (G), in heading, substituted “Covered Accounts of the Department” for “Medical Care Accounts” and, in introductory provisions, substituted “covered accounts of the Department” for “medical care accounts of the Department” and “accounts of the Department of Veterans Affairs account” for “medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account”.
Pub. L. 113–235, § 244(a)(3)(B)–(F), inserted “Veterans Health Administration,” after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–315 applicable to fiscal years beginning on and after , see section 601(c) of Pub. L. 114–315, set out as a note under section 1105 of Title 31, Money and Finance.
Effective Date of 2014 Amendment
Pub. L. 113–235, div. I, title II, § 244(b), , 128 Stat. 2569, provided that:
“Section 117 of title 38, United States Code, shall apply as follows:
“(1) With respect to an account described in paragraph (4), (5), or (6) of subsection (c) of such section, as redesignated by subsection (a) of this section, for each fiscal year beginning with fiscal year 2011.
“(2) With respect to an account described in paragraph (1), (2), or (3) of such subsection (c), as added by subsection (a) of this section, for each fiscal year beginning with 2017.”
Comptroller General Review of the Accuracy of VA Medical Care Budget Submission in Relation to Baseline Health Care Model Projection
Pub. L. 111–81, § 4, , 123 Stat. 2138, provided that:
“(a) Review of Accuracy of Medical Care Budget Submission.—
The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department.
“(b) Reports.—
“(1) In general.—
Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a).
“(2) Elements.—
Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following:
“(A) An assessment of the review conducted under subsection (a).
“(B) The basis for such assessment.
“(C) Such additional information as the Comptroller General determines appropriate.
“(3) Availability to the public.—
Each report submitted under this subsection shall also be made available to the public.”
Credits
2009–2016 · 3 acts
- 2009Added Pub. L. 111–81, § 3(a), , 123 Stat. 2137
- 2014amended Pub. L. 113–235, div. I, title II, § 244(a), , 128 Stat. 2568
- 2016Pub. L. 114–315, title VI, § 601(a), , 130 Stat. 1569.
Show as published
(Added Pub. L. 111–81, § 3(a), , 123 Stat. 2137; amended Pub. L. 113–235, div. I, title II, § 244(a), , 128 Stat. 2568; Pub. L. 114–315, title VI, § 601(a), , 130 Stat. 1569.)