[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5286 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5286
To make certain improvements in the laws administered by the Secretary
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2016
Mr. Miller of Florida introduced the following bill; which was referred
to the Committee on Veterans' Affairs, and in addition to the Committee
on Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make certain improvements in the laws administered by the Secretary
of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``VA Construction
and Lease Authorization, Health, and Benefits Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Non-Department Care
Sec. 101. Veterans Care Agreements.
Sec. 102. Payment of health care providers.
Subtitle B--Patient Advocacy
Sec. 111. Community meetings on improving care furnished by Department
of Veterans Affairs.
Sec. 112. Improvement of awareness of Patient Advocacy Program and
patient bill of rights of Department of
Veterans Affairs.
Sec. 113. Comptroller General report on Patient Advocacy Program of
Department of Veterans Affairs.
Subtitle C--Complementary and Integrative Health
Sec. 121. Pilot program on integration of complementary alternative
medicines and related issues for veterans
and family members of veterans.
Subtitle D--Fitness of Health Care Providers
Sec. 131. Additional requirements for hiring of health care providers
by Department of Veterans Affairs.
Sec. 132. Provision of information on health care providers of
Department of Veterans Affairs to State
Medical Boards.
Sec. 133. Report on compliance by Department of Veterans Affairs with
reviews of health care providers leaving
the Department or transferring to other
facilities.
Subtitle E--Other Matters
Sec. 141. Audit of Veterans Health Administration programs of
Department of Veterans Affairs.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Sec. 201. Authorization of certain major medical facility projects of
the Department of Veterans Affairs.
Sec. 202. Submission of information.
Sec. 203. Authorization of major medical facility leases.
Sec. 204. Authorization of sale of Pershing Hall.
Sec. 205. Authority to enter into certain leases at the Department of
Veterans Affairs West Los Angeles Campus.
TITLE III--MATTERS RELATING TO TOXIC EXPOSURE
Sec. 301. Definitions.
Sec. 302. National center for research on the diagnosis and treatment
of health conditions of the descendants of
individuals exposed to toxic substances
during service in the Armed Forces that are
related to such service.
Sec. 303. Advisory Board.
Sec. 304. Declassification review by Department of Defense of certain
incidents of exposure of members of the
Armed Forces to toxic substances.
Sec. 305. National outreach campaign on potential long-term health
effects of exposure to toxic substances by
members of the Armed Forces and their
descendants.
TITLE IV--OTHER MATTERS
Sec. 401. Special compensation for loss or loss of use of creative
organs.
Sec. 402. Information technology system to assess and improve the
family caregiver program; authority to
expand program.
Sec. 403. Extension of cost-of-living adjustments for disability
compensation.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Non-Department Care
SEC. 101. VETERANS CARE AGREEMENTS.
(a) In General.--Subchapter I of chapter 17 is amended by inserting
after section 1703 the following new section:
``Sec. 1703A. Veterans Care Agreements with certain health care
providers
``(a) Veterans Care Agreements.--(1) In addition to furnishing
hospital care, medical services, or extended care under this chapter at
facilities of the Department or under contracts or sharing agreements
entered into pursuant to provisions of law other than this section, the
Secretary may furnish such care and services to eligible veterans
through the use of agreements entered into under this section by the
Secretary with eligible providers.
``(2) The Secretary may enter into Veterans Care Agreements under
this section with eligible providers to furnish hospital care, medical
services, and extended care to veterans whom the Secretary determines
that furnishing such care and services at facilities of the Department
or under contracts or sharing agreements under provisions of law other
than this section is impracticable or inadvisable because of the
medical condition of the veteran, the travel involved, or the nature of
the care or services required, or a combination of such factors.
``(3) The Secretary may enter into Veterans Care Agreements under
this section with eligible providers if the Secretary determines that
the hospital care or medical services to be furnished under the
agreement is not available to be furnished by a non-Department health
care provider under a contract or sharing agreement entered into
pursuant to provisions of law other than this section.
``(b) Veteran Eligibility.--Eligibility of a veteran for care and
services under this section shall be determined as if such care or
services were furnished in a facility of the Department, and provisions
of this title applicable to veterans receiving such care and services
in a facility of the Department shall apply to veterans receiving care
and services under this section.
``(c) Provider Eligibility.--Subject to the certification process
pursuant to subsection (d)(1), a provider of hospital care, medical
services, or extended care is eligible to enter into a Veterans Care
Agreement under this section if the Secretary determines that the
provider meets each of the following criteria:
``(1) The gross annual revenue of the provider in the year
preceding the year in which the provider enters into the
Veterans Care Agreement does not exceed $11,000,000 (as
adjusted in a manner similar to amounts adjusted pursuant to
section 5312 of this title) or, with respect to a provider that
is a nursing care facility (skilled nursing facility),
$27,500,000 (as so adjusted).
``(2) The provider does not otherwise provide such care or
services to patients pursuant to a contract entered into with a
department or agency of the Federal Government.
``(3) The provider is--
``(A) a provider of services that has enrolled and
entered into a provider agreement under section 1866(a)
of the Social Security Act (42 U.S.C. 1395cc(a));
``(B) a physician or supplier that has enrolled and
entered into a participation agreement under section
1842(h) of such Act (42 U.S.C. 1395u(h));
``(C) a provider of items and services receiving
payment under a State plan under title XIX of such Act
(42 U.S.C. 1396 et seq.) or a waiver of such a plan;
``(D) an Aging and Disability Resource Center, an
area agency on aging, or a State agency (as defined in
section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)); or
``(E) a center for independent living (as defined
in section 702 of the Rehabilitation Act of 1973 (29
U.S.C. 796a)).
``(4) Any additional criteria determined appropriate by the
Secretary.
``(d) Provider Certification.--(1) The Secretary shall establish a
process for the certification of eligible providers to enter into
Veterans Care Agreements under this section that shall, at a minimum,
set forth the following:
``(A) Procedures for the submission of applications for
certification and deadlines for actions taken by the Secretary
with respect to such applications.
``(B) Standards and procedures for the approval and denial
of certifications and the revocation of certifications.
``(C) Procedures for assessing eligible providers based on
the risk of fraud, waste, and abuse of such providers similar
to the level of screening under section 1866(j)(2)(B) of the
Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards
set forth under section 9.104 of title 48, Code of Federal
Regulations, or any successor regulation.
``(D) Requirement for denial or revocation of certification
if the Secretary determines that the otherwise eligible
provider is--
``(i) excluded from participation in a Federal
health care program (as defined in section 1128B(f) of
the Social Security Act (42 U.S.C. 1320a-7b(f))) under
section 1128 or 1128A of the Social Security Act (42
U.S.C. 1320a-7 and 1320a-7a); or
``(ii) identified as an excluded source on the list
maintained in the System for Award Management, or any
successor system.
``(E) Procedures by which a provider whose certification is
denied or revoked under the procedures established under this
subsection will be identified as an excluded source on the list
maintained in the System for Award Management, or successor
system, if the Secretary determines that such exclusion is
appropriate.
``(2) To the extent practicable, the Secretary shall establish the
procedures under paragraph (1) in a manner that takes into account any
certification process administered by another department or agency of
the Federal Government that an eligible provider has completed by
reason of being a provider described in any of subparagraphs (A)
through (E) of subsection (c)(3).
``(e) Terms of Agreements.--(1) The Secretary shall ensure that
each Veterans Care Agreement include provisions requiring the eligible
provider to do the following:
``(A) To accept payment for care and services furnished
under this section in accordance with paragraph (2).
``(B) To accept payment under subparagraph (A) as payment
in full for care and services furnished under this section and
to not seek any payment for such care and services from the
recipient of such care.
``(C) To furnish under this section only the care and
services authorized by the Department under this section unless
the eligible provider receives prior written consent from the
Department to furnish care and services outside the scope of
such authorization.
``(D) To bill the Department for care and services
furnished under this section in accordance with a methodology
established by the Secretary for purposes of this section.
``(E) Not to seek to recover or collect from a health-plan
contract or third party (as those terms are defined in section
1729 of this title) for any care or services for which payment
is made by the Department under this section.
``(F) To provide medical records for veterans furnished
care and services under this section to the Department in a
timeframe and format specified by the Secretary for purposes of
this section, except the Secretary may not require that any
payment by the Secretary to the eligible provider be contingent
on such provision of medical records.
``(G) To meet other such terms and conditions, including
quality of care assurance standards, as the Secretary may
specify for purposes of this section.
``(2)(A) Except as provided in subparagraphs (B) through (G), rates
negotiated for care and services furnished under a Veterans Care
Agreement shall not be more than the rates paid by the United States to
a provider of services (as defined in section 1861(u) of the Social
Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section
1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
for the same care or services.
``(B) With respect to the furnishing of care or services under this
section to an eligible veteran who resides in a highly rural area (as
defined under the rural-urban commuting area codes developed by the
Secretary of Agriculture and the Secretary of Health and Human
Services), the Secretary of Veterans Affairs may negotiate a rate that
is more than the rate paid by the United States as described in
subparagraph (B).
``(C) With respect to furnishing care or services under a Veterans
Care Agreement in Alaska, the Alaska Fee Schedule of the Department of
Veterans Affairs will be followed, except for when another payment
agreement, including a contract or provider agreement, is in place.
``(D) With respect to furnishing care or services under a Veterans
Care Agreement in a State with an All-Payer Model Agreement under the
Social Security Act that became effective on or after January 1, 2014,
the Medicare payment rates under clause (i) shall be calculated based
on the payment rates under such agreement, or any such successor
agreement.
``(E) With respect to furnishing care or services under a Veterans
Care Agreement in a region in which the Secretary determines that
adjusting the rate paid by the United States as described in
subparagraph (A) is appropriate, the Secretary may negotiate such an
adjusted rate.
``(F) With respect to furnishing care or services under a Veterans
Care Agreement in a location or in a situation in which an exception to
the rates paid by the United States under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for the
same care or services applies, the Secretary shall follow such
exception.
``(G) With respect to furnishing care or services under a Veterans
Care Agreement for care or services not covered under the Medicare
program under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), the Secretary shall establish a schedule of fees for such care
or services.
``(f) Exclusion of Certain Federal Contracting Provisions.--(1)
Notwithstanding any other provision of law, the Secretary may enter
into a Veterans Care Agreement using procedures other than competitive
procedures.
``(2)(A) Except as provided in subparagraph (B) and unless
otherwise provided in this section, an eligible provider that enters
into a Veterans Care Agreement under this section is not subject to, in
the carrying out of the agreement, any provision of law that providers
of services and suppliers under the original Medicare fee-for-service
program under parts A and B of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of
such Act (42 U.S.C. 1396 et seq.) are not subject to.
``(B) In addition to the provisions of laws covered by subparagraph
(A), an eligible provider shall be subject to the following provisions
of law:
``(i) Any applicable law regarding integrity, ethics, or
fraud, or that subject a person to civil or criminal penalties.
``(ii) Section 431 of title 18.
``(iii) Section 1352 of title 31, except for the filing
requirements under subsection (b) of such section.
``(iv) Section 4705 or 4712 of title 41, and any other
applicable law regarding the protection of whistleblowers.
``(v) Section 4706(d) of title 41.
``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) to the same extent as such title applies with
respect to the eligible provider in providing care or services
through an agreement or arrangement other than under a Veterans
Care Agreement.
``(C) An eligible provider that receives a payment from the Federal
Government pursuant to a Veterans Care Agreement shall not be treated
as a Federal contractor or subcontractor by the Office of Federal
Contract Compliance Programs of the Department of Labor based on the
work performed or actions taken by such eligible provider that resulted
in the receipt of such payments.
``(g) Termination of a Veterans Care Agreement.--(1) An eligible
provider may terminate a Veterans Care Agreement with the Secretary
under this section at such time and upon such notice to the Secretary
as the Secretary may specify for purposes of this section.
``(2) The Secretary may terminate a Veterans Care Agreement with an
eligible provider under this section at such time and upon such notice
to the eligible provider as the Secretary may specify for the purposes
of this section, if the Secretary--
``(A) determines that the eligible provider failed to
comply with the provisions of the agreement or this section or
other applicable provision of law;
``(B) makes a revocation pursuant to subsection (d)(1)(4);
``(C) ascertains that the eligible provider has been
convicted of a felony or other serious offense under Federal or
State law and determines that the continued participation of
the eligible provider would be detrimental to the best
interests of veterans of the Department; or
``(D) determines that it is reasonable to terminate the
agreement based on the health care needs of veterans.
``(h) Disputes.--(1) The Secretary shall establish administrative
procedures for eligible providers with which the Secretary has entered
into a Veterans Care Agreement to present any dispute arising under or
related to the agreement.
``(2) Before using any dispute resolution mechanism under chapter
71 of title 41 with respect to a dispute arising under a Veterans Care
Agreement under this section, an eligible provider must first exhaust
the administrative procedures established by the Secretary under
paragraph (1).
``(i) Annual Reports.--Not later than October 1 of the year
following the fiscal year in which the Secretary first enters into a
Veterans Care Agreement, and each year thereafter, the Secretary shall
submit to the appropriate congressional committees an annual report
that includes--
``(1) a list of all Veterans Care Agreements entered into
as of the date of the report; and
``(2) summaries of each determination made by the Secretary
under subsection (h)(2) during the fiscal year covered by the
report.
``(j) Quality of Care.--In carrying out this section, the Secretary
shall use the quality of care standards set forth or used by the
Centers for Medicare & Medicaid Services.
``(k) Delegation.--The Secretary may delegate the authority to
enter into or terminate a Veterans Care Agreement, or to make a
determination described in subsection (h)(2), at a level not below the
Assistant Deputy Under Secretary for Health for Community Care.
``(l) Sunset.--The Secretary may not enter into or renew a Veterans
Care Agreement under this section after September 30, 2017.
``(m) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate; and
``(B) the Committees on Appropriations of the House
of Representatives and the Senate.
``(2) The term `eligible provider' means a provider of
hospital care, medical services, or extended care that the
Secretary determines is eligible to enter into Veterans Care
Agreements under subsection (c).
``(3) The term `Veterans Care Agreement' means an agreement
entered into by the Secretary with an eligible provider under
subsection (a)(1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 is amended by inserting after the item relating to section
1703 the following new item:
``1703A. Veterans Care Agreements with certain health care
providers.''.
SEC. 102. PAYMENT OF HEALTH CARE PROVIDERS.
(a) In General.--Chapter 17 is amended by inserting after section
1703A, as added by section 101, the following new section:
``Sec. 1703B. Payment of health care providers
``(a) Prompt Payment.--If, in making payments to non-Department
health care providers under contracts or sharing agreements entered
into pursuant to this chapter or any other provision of law, the
Secretary is required to pay any fees or penalties by reason of not
fully complying with chapter 39 of title 31 (commonly referred to as
the `Prompt Payment Act'), such fees or penalties shall be derived from
the Medical Services account of the Department.
``(b) Quarterly Reports.--On a quarterly basis during fiscal years
2018 through 2022, the Secretary shall submit to the Committees on
Veterans Affairs of the House of Representatives and the Senate a
report, with respect to the quarter covered by the report, identifying
each fee or penalty paid by the Secretary for not fully complying with
chapter 39 of title 31 as described in subsection (a) and including an
explanation of the reason the Secretary did not fully comply with such
chapter 39.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 is amended by inserting after the item relating to section
1703A, as added by section 101, the following new item:
``1703B. Payment of health care providers.''.
Subtitle B--Patient Advocacy
SEC. 111. COMMUNITY MEETINGS ON IMPROVING CARE FURNISHED BY DEPARTMENT
OF VETERANS AFFAIRS.
(a) Community Meetings.--
(1) Medical centers.--Not later than 90 days after the date
of the enactment of this Act, and not less frequently than once
every 90 days thereafter, the Secretary shall ensure that each
medical facility of the Department of Veterans Affairs hosts a
community meeting open to the public on improving health care
furnished by the Secretary.
(2) Community based outpatient clinics.--Not later than one
year after the date of the enactment of this Act, and not less
frequently than annually thereafter, the Secretary shall ensure
that each community based outpatient clinic of the Department
hosts a community meeting open to the public on improving
health care furnished by the Secretary.
(b) Attendance by Director of Veterans Integrated Service Network
or Designee.--
(1) In general.--Each community meeting hosted by a medical
facility or community based outpatient clinic under subsection
(a) shall be attended by the Director of the Veterans
Integrated Service Network in which the medical facility or
community based outpatient clinic, as the case may be, is
located. Subject to paragraph (2), the Director may delegate
such attendance only to an employee who works in the Office of
the Director.
(2) Attendance by director.--Each Director of a Veterans
Integrated Service Network shall personally attend not less
than one community meeting under subsection (a) hosted by each
medical facility located in the Veterans Integrated Service
Network each year.
(c) Notice.--The Secretary shall notify the Committee on Veterans'
Affairs of the Senate, the Committee on Veterans' Affairs of the House
of Representatives, and each Member of Congress (as defined in section
104) who represents the area in which the medical facility is located
of a community meeting under subsection (a) by not later than 10 days
before such community meeting occurs.
SEC. 112. IMPROVEMENT OF AWARENESS OF PATIENT ADVOCACY PROGRAM AND
PATIENT BILL OF RIGHTS OF DEPARTMENT OF VETERANS AFFAIRS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall, in as many prominent locations
as the Secretary determines appropriate to be seen by the largest
percentage of patients and family members of patients at each medical
facility of the Department of Veterans Affairs--
(1) display the purposes of the Patient Advocacy Program of
the Department and the contact information for the patient
advocate at such medical facility; and
(2) display the rights and responsibilities of--
(A) patients and family members and patients at
such medical facility; and
(B) with respect to community living centers and
other residential facilities of the Department,
residents and family members of residents at such
medical facility.
SEC. 113. COMPTROLLER GENERAL REPORT ON PATIENT ADVOCACY PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the Patient Advocacy Program of the Department of Veterans
Affairs (in this section referred to as the ``Program'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the Program, including--
(A) the purpose of the Program;
(B) the activities carried out under the Program;
and
(C) the sufficiency of the Program in achieving the
purpose of the Program.
(2) An assessment of the sufficiency of staffing of
employees of the Department responsible for carrying out the
Program.
(3) An assessment of the sufficiency of the training of
such employees.
(4) An assessment of--
(A) the awareness of the Program among veterans and
family members of veterans; and
(B) the use of the Program by veterans and family
members of veterans.
(5) Such recommendations and proposals for improving or
modifying the Program as the Comptroller General considers
appropriate.
(6) Such other information with respect to the Program as
the Comptroller General considers appropriate.
Subtitle C--Complementary and Integrative Health
SEC. 121. PILOT PROGRAM ON INTEGRATION OF COMPLEMENTARY ALTERNATIVE
MEDICINES AND RELATED ISSUES FOR VETERANS AND FAMILY
MEMBERS OF VETERANS.
(a) Pilot Program.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence a pilot program to assess the feasibility and
advisability of using wellness-based programs (as defined by
the Secretary) to complement the provision of pain management
and related health care services, including mental health care
services, to veterans.
(2) Matters addressed.--In carrying out the pilot program,
the Secretary shall assess the following:
(A) Means of improving coordination between
Federal, State, local, and community providers of
health care in the provision of pain management and
related health care services to veterans.
(B) Means of enhancing outreach, and coordination
of outreach, by and among providers of health care
referred to in subparagraph (A) on the pain management
and related health care services available to veterans.
(C) Means of using wellness-based programs of
providers of health care referred to in subparagraph
(A) as complements to the provision by the Department
of pain management and related health care services to
veterans.
(D) Whether wellness-based programs described in
subparagraph (C)--
(i) are effective in enhancing the quality
of life and well-being of veterans;
(ii) are effective in increasing the
adherence of veterans to the primary pain
management and related health care services
provided such veterans by the Department;
(iii) have an effect on the sense of well-
being of veterans who receive primary pain
management and related health care services
from the Department; and
(iv) are effective in encouraging veterans
receiving health care from the Department to
adopt a more healthy lifestyle.
(b) Duration.--The Secretary shall carry out the pilot program
under subsection (a)(1) for a period of three years.
(c) Locations.--
(1) Facilities.--The Secretary shall carry out the pilot
program under subsection (a)(1) at facilities of the Department
providing pain management and related health care services,
including mental health care services, to veterans. In
selecting such facilities to carry out the pilot program, the
Secretary shall select not fewer than 15 medical centers of the
Department, of which not fewer than two shall be polytrauma
rehabilitation centers of the Department.
(2) Medical centers with prescription rates of opioids that
conflict with care standards.--In selecting the medical centers
under paragraph (1), the Secretary shall give priority to
medical centers of the Department at which there is a
prescription rate of opioids that conflicts with or is
otherwise inconsistent with the standards of appropriate and
safe care.
(d) Provision of Services.--Under the pilot program under
subsection (a)(1), the Secretary shall provide covered services to
covered veterans by integrating complementary and alternative medicines
and integrative health services with other services provided by the
Department at the medical centers selected under subsection (c).
(e) Covered Veterans.--For purposes of the pilot program under
subsection (a)(1), a covered veteran is any veteran who--
(1) has a mental health condition diagnosed by a clinician
of the Department;
(2) experiences chronic pain;
(3) has a chronic condition being treated by a clinician of
the Department; or
(4) is not described in paragraph (1), (2), or (3) and
requests to participate in the pilot program or is referred by
a clinician of the Department who is treating the veteran.
(f) Covered Services.--
(1) In general.--For purposes of the pilot program, covered
services are services consisting of complementary and
integrative health services as selected by the Secretary.
(2) Administration of services.--Covered services shall be
administered under the pilot program as follows:
(A) Covered services shall be administered by
professionals or other instructors with appropriate
training and expertise in complementary and integrative
health services who are employees of the Department or
with whom the Department enters into an agreement to
provide such services.
(B) Covered services shall be included as part of
the Patient Aligned Care Teams initiative of the Office
of Patient Care Services, Primary Care Program Office,
in coordination with the Office of Patient Centered
Care and Cultural Transformation.
(C) Covered services shall be made available to--
(i) covered veterans who have received
conventional treatments from the Department for
the conditions for which the covered veteran
seeks complementary and integrative health
services under the pilot program; and
(ii) covered veterans who have not received
conventional treatments from the Department for
such conditions.
(g) Reports.--
(1) In general.--Not later than 30 months after the date on
which the Secretary commences the pilot program under
subsection (a)(1), the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the pilot program.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The findings and conclusions of the Secretary
with respect to the pilot program under subsection
(a)(1), including with respect to--
(i) the use and efficacy of the
complementary and integrative health services
established under the pilot program;
(ii) the outreach conducted by the
Secretary to inform veterans and community
organizations about the pilot program; and
(iii) an assessment of the benefit of the
pilot program to covered veterans in mental
health diagnoses, pain management, and
treatment of chronic illness.
(B) Identification of any unresolved barriers that
impede the ability of the Secretary to incorporate
complementary and integrative health services with
other health care services provided by the Department.
(C) Such recommendations for the continuation or
expansion of the pilot program as the Secretary
considers appropriate.
(h) Complementary and Integrative Health Defined.--In this section,
the term ``complementary and integrative health'' shall have the
meaning given that term by the National Institutes of Health.
Subtitle D--Fitness of Health Care Providers
SEC. 131. ADDITIONAL REQUIREMENTS FOR HIRING OF HEALTH CARE PROVIDERS
BY DEPARTMENT OF VETERANS AFFAIRS.
As part of the hiring process for each health care provider
considered for a position at the Department of Veterans Affairs after
the date of the enactment of the Act, the Secretary of Veterans Affairs
shall require from the medical board of each State in which the health
care provider has a medical license--
(1) information on any violation of the requirements of the
medical license of the health care provider during the 20-year
period preceding the consideration of the health care provider
by the Department; and
(2) information on whether the health care provider has
entered into any settlement agreement for the disciplinary
charge relating to the practice of medicine by the health care
provider.
SEC. 132. PROVISION OF INFORMATION ON HEALTH CARE PROVIDERS OF
DEPARTMENT OF VETERANS AFFAIRS TO STATE MEDICAL BOARDS.
Notwithstanding section 552a of title 5, United States Code, with
respect to each health care provider of the Department of Veterans
Affairs who has violated a requirement of the medical license of the
health care provider, the Secretary of Veterans Affairs shall provide
to the medical board of each State in which the health care provider is
licensed detailed information with respect to such violation,
regardless of whether such board has formally requested such
information.
SEC. 133. REPORT ON COMPLIANCE BY DEPARTMENT OF VETERANS AFFAIRS WITH
REVIEWS OF HEALTH CARE PROVIDERS LEAVING THE DEPARTMENT
OR TRANSFERRING TO OTHER FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the compliance by the
Department of Veterans Affairs with the policy of the Department--
(1) to conduct a review of each health care provider of the
Department who transfers to another medical facility of the
Department, retires, or is terminated to determine whether
there are any concerns, complaints, or allegations of
violations relating to the medical practice of the health care
provider; and
(2) to take appropriate action with respect to any such
concern, complaint, or allegation.
Subtitle E--Other Matters
SEC. 141. AUDIT OF VETERANS HEALTH ADMINISTRATION PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Audit.--The Secretary of Veterans Affairs shall seek to enter
into a contract with a nongovernmental entity under which the entity
shall conduct audits of the programs of the Veterans Health
Administration of the Department of Veterans Affairs to identify ways
to improve the furnishing of benefits and health care administered by
the Veterans Health Administration to veterans and families of
veterans.
(b) Audit Requirements.--In carrying out each audit under
subsection (a), the entity shall perform the following:
(1) Five-year risk assessments to identify the functions,
staff organizations, and staff offices of the Veterans Health
Administration that would lead towards the greatest improvement
in furnishing of benefits and health care to veterans and
families of veterans.
(2) Development of plans that are informed by the risk
assessment under paragraph (1) to conduct audits of the
functions, staff organizations, and staff offices identified
under paragraph (1).
(3) Conduct audits in accordance with the plans developed
pursuant to paragraph (2).
(c) Reports.--Not later than 90 days after the date on which each
audit is completed under subsection (a), the Secretary shall submit to
the Committees on Veterans' Affairs of the House of Representatives and
the Senate a report that includes--
(1) a summary of the audit;
(2) the findings of the entity that conducted the audit
with respect to the audit; and
(3) such recommendations as the Secretary determines
appropriate for legislative or administrative action to improve
the furnishing of benefits and health care to veterans and
families of veterans.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
SEC. 201. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY PROJECTS OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Authorization.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects, with each project to be
carried out in an amount not to exceed the amount specified for that
project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed $175,880,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West Los
Angeles, California, in an amount not to exceed $100,250,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $282,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $83,782,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $188,650,000.
(6) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(7) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$13,830,000.
(b) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2016 or the year in which funds are appropriated for the
Construction, Major Projects, account, $937,192,000 for the projects
authorized in subsection (a).
(c) Limitation.--The projects authorized in subsection (a) may only
be carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
SEC. 202. SUBMISSION OF INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
for each project authorized in section 2(a), the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate the following information:
(1) A line item accounting of expenditures relating to
construction management carried out by the Department of
Veterans Affairs for such project.
(2) The future amounts that are budgeted to be obligated
for construction management carried out by the Department for
such project.
(3) A justification for the expenditures described in
paragraph (1) and the future amounts described in paragraph
(2).
(4) Any agreement entered into by the Secretary regarding
the Army Corps of Engineers providing services relating to such
project, including reimbursement agreements and the costs to
the Department of Veterans Affairs for such services.
SEC. 203. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the following major
medical facility leases at the locations specified, and in an amount
for each lease not to exceed the amount shown for such location (not
including any estimated cancellation costs):
(1) For an outpatient clinic, Ann Arbor, Michigan, an
amount not to exceed $17,093,000.
(2) For an outpatient mental health clinic, Birmingham,
Alabama, an amount not to exceed $6,971,000.
(3) For an outpatient specialty clinic, Birmingham,
Alabama, an amount not to exceed $10,479,000.
(4) For research space, Boston, Massachusetts, an amount
not to exceed $5,497,000.
(5) For research space, Charleston, South Carolina, an
amount not to exceed $6,581,000.
(6) For an outpatient clinic, Daytona Beach, Florida, an
amount not to exceed $12,664,000.
(7) For Chief Business Office Purchased Care office space,
Denver, Colorado, an amount not to exceed $17,215,000.
(8) For an outpatient clinic, Gainesville, Florida, an
amount not to exceed $4,686,000.
(9) For an outpatient clinic, Hampton Roads, Virginia, an
amount not to exceed $18,124,000.
(10) For research space Mission Bay, California, an amount
not to exceed $23,454,000.
(11) For an outpatient clinic, Missoula, Montana, an amount
not to exceed $7,130,000.
(12) For an outpatient clinic, Northern Colorado, Colorado,
an amount not to exceed $8,776,000.
(13) For an outpatient clinic, Ocala, Florida, an amount
not to exceed $5,279,000.
(14) For an outpatient clinic, Oxnard, California, an
amount not to exceed $6,297,000.
(15) For an outpatient clinic, Pike County, Georgia, an
amount not to exceed $5,757,000.
(16) For an outpatient clinic, Portland, Maine, an amount
not to exceed $6,846,000.
(17) For an outpatient clinic, Raleigh, North Carolina, an
amount not to exceed $21,607,000.
(18) For an outpatient clinic, Santa Rosa, California, an
amount not to exceed $6,498,000.
SEC. 204. AUTHORIZATION OF SALE OF PERSHING HALL.
Section 403 of the Veterans' Benefits Programs Improvement Act of
1991 (Public Law 102-86; 38 U.S.C. 2400 note) is amended by adding at
the end the following new subsection:
``(f) Authorization of Sale.--(1) The Secretary may sell for fair
market value Pershing Hall and transfer and convey to the purchaser all
right, title, and interest of the United States in or to such property.
The Secretary shall determine fair market value based on an independent
assessment conducted by another department or agency of the Federal
Government or a nongovernmental entity. The Secretary may only accept
money as consideration for such sale.
``(2) If the Secretary sells Pershing Hall pursuant to paragraph
(1), the Secretary shall return to the entity from which the United
States acquired Pershing Hall pursuant to the Act of June 28, 1935
(Chapter 323; 49 Stat. 426), any personal property (including
memorabilia regarding General Pershing and the American Expeditionary
Forces in France during World War I) in the possession of the
Department of Veterans Affairs as of the date of the enactment of this
subsection that was located in Pershing Hall (or otherwise associated
with Pershing Hall) on the date of such acquisition.
``(3) The funds received by the Secretary pursuant to the sale of
Pershing Hall under paragraph (1) shall be deposited in the
`Construction, Major Projects' account of the Department and be made
available, without fiscal year limitation, for the purposes of such
account.
``(4)(A) Effective on the day after the date of the sale of
Pershing Hall authorized under paragraph (1), the authority of the
Secretary to carry out subsections (a), (b), (c), and (e) shall
terminate except for purposes of carrying out paragraph (2) of this
subsection.
``(B) Effective on the date that is one year after the date of the
sale of Pershing Hall authorized under paragraph (1), the Pershing Hall
Revolving Fund shall be abolished and the corpus of the fund, including
accrued interest, shall be deposited in the `Construction, Major
Projects' account of the Department and be made available, without
fiscal year limitation, for the purposes of such account.''.
SEC. 205. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF
VETERANS AFFAIRS WEST LOS ANGELES CAMPUS.
(a) In General.--The Secretary of Veterans Affairs may carry out
leases described in subsection (b) at the Department of Veterans
Affairs West Los Angeles Campus in Los Angeles, California (hereinafter
in this section referred to as the ``Campus'').
(b) Leases Described.--Leases described in this subsection are the
following:
(1) Any enhanced-use lease of real property under
subchapter V of chapter 81 of title 38, United States Code, for
purposes of providing supportive housing, as that term is
defined in section 8161(3) of such title, that principally
benefit veterans and their families.
(2) Any lease of real property for a term not to exceed 50
years to a third party to provide services that principally
benefit veterans and their families and that are limited to one
or more of the following purposes:
(A) The promotion of health and wellness, including
nutrition and spiritual wellness.
(B) Education.
(C) Vocational training, skills building, or other
training related to employment.
(D) Peer activities, socialization, or physical
recreation.
(E) Assistance with legal issues and Federal
benefits.
(F) Volunteerism.
(G) Family support services, including child care.
(H) Transportation.
(I) Services in support of one or more of the
purposes specified in subparagraphs (A) through (H).
(3) A lease of real property for a term not to exceed 10
years to The Regents of the University of California, a
corporation organized under the laws of the State of
California, on behalf of its University of California, Los
Angeles (UCLA) campus (hereinafter in this section referred to
as ``The Regents''), if--
(A) the lease is consistent with the master plan
described in subsection (g);
(B) the provision of services to veterans is the
predominant focus of the activities of The Regents at
the Campus during the term of the lease;
(C) The Regents expressly agrees to provide, during
the term of the lease and to an extent and in a manner
that the Secretary considers appropriate, additional
services and support (for which The Regents is not
compensated by the Secretary or through an existing
medical affiliation agreement) that--
(i) principally benefit veterans and their
families, including veterans that are severely
disabled, women, aging, or homeless; and
(ii) may consist of activities relating to
the medical, clinical, therapeutic, dietary,
rehabilitative, legal, mental, spiritual,
physical, recreational, research, and
counseling needs of veterans and their families
or any of the purposes specified in any of
subparagraphs (A) through (I) of paragraph (1);
and
(D) The Regents maintains records documenting the
value of the additional services and support that The
Regents provides pursuant to subparagraph (C) for the
duration of the lease and makes such records available
to the Secretary.
(c) Limitation on Land-Sharing Agreements.--The Secretary may not
carry out any land-sharing agreement pursuant to section 8153 of title
38, United States Code, at the Campus unless such agreement--
(1) provides additional health care resources to the
Campus; and
(2) benefits veterans and their families other than from
the generation of revenue for the Department of Veterans
Affairs.
(d) Revenues From Leases at the Campus.--Any funds received by the
Secretary under a lease described in subsection (b) shall be credited
to the applicable Department medical facilities account and shall be
available, without fiscal year limitation and without further
appropriation, exclusively for the renovation and maintenance of the
land and facilities at the Campus.
(e) Easements.--
(1) In general.--Notwithstanding any other provision of law
(other than Federal laws relating to environmental and historic
preservation), pursuant to section 8124 of title 38, United
States Code, the Secretary may grant easements or rights-of-way
on, above, or under lands at the Campus to--
(A) any local or regional public transportation
authority to access, construct, use, operate, maintain,
repair, or reconstruct public mass transit facilities,
including, fixed guideway facilities and transportation
centers; and
(B) the State of California, County of Los Angeles,
City of Los Angeles, or any agency or political
subdivision thereof, or any public utility company
(including any company providing electricity, gas,
water, sewage, or telecommunication services to the
public) for the purpose of providing such public
utilities.
(2) Improvements.--Any improvements proposed pursuant to an
easement or right-of-way authorized under paragraph (1) shall
be subject to such terms and conditions as the Secretary
considers appropriate.
(3) Termination.--Any easement or right-of-way authorized
under paragraph (1) shall be terminated upon the abandonment or
nonuse of the easement or right-of-way and all right, title,
and interest in the land covered by the easement or right-of-
way shall revert to the United States.
(f) Prohibition on Sale of Property.--Notwithstanding section 8164
of title 38, United States Code, the Secretary may not sell or
otherwise convey to a third party fee simple title to any real property
or improvements to real property made at the Campus.
(g) Consistency With Master Plan.--The Secretary shall ensure that
each lease carried out under this section is consistent with the draft
master plan approved by the Secretary on January 28, 2016, or successor
master plans.
(h) Compliance With Certain Laws.--
(1) Laws relating to leases and land use.--If the Inspector
General of the Department of Veterans Affairs determines, as
part of an audit report or evaluation conducted by the
Inspector General, that the Department is not in compliance
with all Federal laws relating to leases and land use at the
Campus, or that significant mismanagement has occurred with
respect to leases or land use at the Campus, the Secretary may
not enter into any lease or land-sharing agreement at the
Campus, or renew any such lease or land-sharing agreement that
is not in compliance with such laws, until the Secretary
certifies to the Committee on Veterans' Affairs of the Senate,
the Committee on Veterans' Affairs of the House of
Representatives, and each Member of the Senate and the House of
Representatives who represents the area in which the Campus is
located that all recommendations included in the audit report
or evaluation have been implemented.
(2) Compliance of particular leases.--Except as otherwise
expressly provided by this section, no lease may be entered
into or renewed under this section unless the lease complies
with chapter 33 of title 41, United States Code, and all
Federal laws relating to environmental and historic
preservation.
(i) Veterans and Community Oversight and Engagement Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
Veterans and Community Oversight and Engagement Board (in this
subsection referred to as the ``Board'') for the Campus to
coordinate locally with the Department of Veterans Affairs to--
(A) identify the goals of the community and veteran
partnership;
(B) provide advice and recommendations to the
Secretary to improve services and outcomes for
veterans, members of the Armed Forces, and the families
of such veterans and members; and
(C) provide advice and recommendations on the
implementation of the draft master plan approved by the
Secretary on January 28, 2016, and on the creation and
implementation of any successor master plans.
(2) Members.--The Board shall be comprised of a number of
members that the Secretary determines appropriate, of which not
less than 50 percent shall be veterans. The nonveteran members
shall be family members of veterans, veteran advocates, service
providers, real estate professionals familiar with housing
development projects, or other stakeholders.
(3) Community input.--In carrying out paragraph (1), the
Board shall--
(A) provide the community opportunities to
collaborate and communicate with the Board, including
by conducting public forums on the Campus; and
(B) focus on local issues regarding the Department
that are identified by the community, including with
respect to health care, benefits, and memorial services
at the Campus and implementation of the draft master
plan and any subsequent plans.
(j) Notification and Reports.--
(1) Congressional notification.--With respect to each lease
or land-sharing agreement intended to be entered into or
renewed at the Campus, the Secretary shall notify the Committee
on Veterans' Affairs of the Senate, the Committee on Veterans'
Affairs of the House of Representatives, and each Member of the
Senate and the House of Representatives who represents the area
in which the Campus is located of the intent of the Secretary
to enter into or renew the lease or land-sharing agreement not
later than 45 days before entering into or renewing the lease
or land-sharing agreement.
(2) Annual report.--Not later than one year after the date
of the enactment of this Act, and not less frequently than
annually thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate, the Committee on
Veterans' Affairs of the House of Representatives, and each
Member of the Senate and the House of Representatives who
represents the area in which the Campus is located an annual
report evaluating all leases and land-sharing agreements
carried out at the Campus, including--
(A) an evaluation of the management of the revenue
generated by the leases; and
(B) the records described in subsection (b)(3)(D).
(3) Inspector general report.--
(A) In general.--Not later than each of two years
and five years after the date of the enactment of this
Act, and as determined necessary by the Inspector
General of the Department of Veterans Affairs
thereafter, the Inspector General shall submit to the
Committee on Veterans' Affairs of the Senate, the
Committee on Veterans' Affairs of the House of
Representatives, and each Member of the Senate and the
House of Representatives who represents the area in
which the Campus is located a report on all leases
carried out at the Campus and the management by the
Department of the use of land at the Campus, including
an assessment of the efforts of the Department to
implement the master plan described in subsection (g)
with respect to the Campus.
(B) Consideration of annual report.--In preparing
each report required by subparagraph (A), the Inspector
General shall take into account the most recent report
submitted to Congress by the Secretary under paragraph
(2).
(k) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other agreements regarding the Campus that are authorized by law
and not inconsistent with this section.
(l) Principally Benefit Veterans and Their Families Defined.--In
this section the term ``principally benefit veterans and their
families'', with respect to services provided by a person or entity
under a lease of property or land-sharing agreement--
(1) means services--
(A) provided exclusively to veterans and their
families; or
(B) that are designed for the particular needs of
veterans and their families, as opposed to the general
public, and any benefit of those services to the
general public is ancillary to the intended benefit to
veterans and their families; and
(2) excludes services in which the only benefit to veterans
and their families is the generation of revenue for the
Department of Veterans Affairs.
(m) Conforming Amendments.--
(1) Prohibition on disposal of property.--Section 224(a) of
the Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2272) is amended by striking ``The Secretary of Veterans
Affairs'' and inserting ``Except as authorized under the VA
Construction and Lease Authorization, Health, and Benefits
Enhancement Act, the Secretary of Veterans Affairs''.
(2) Enhanced-use leases.--Section 8162(c) is amended by
inserting ``, other than an enhanced-use lease under the VA
Construction and Lease Authorization, Health, and Benefits
Enhancement Act,'' before ``shall be considered''.
TITLE III--MATTERS RELATING TO TOXIC EXPOSURE
SEC. 301. DEFINITIONS.
In this title:
(1) Armed force.--The term ``Armed Force'' means the United
States Army, Navy, Marine Corps, Air Force, or Coast Guard,
including the reserve components thereof.
(2) Descendant.--The term ``descendant'' means, with
respect to an individual, the biological child or grandchild of
that individual.
(3) Exposed.--The term ``exposed'' means, with respect to a
toxic substance, that an individual came into contact with that
toxic substance in a manner that could be hazardous to the
health of that individual, that may include if that toxic
substance was inhaled, ingested, or touched the skin or eyes.
(4) Exposure.--The term ``exposure'' means, with respect to
a toxic substance, an event during which an individual was
exposed to that toxic substance.
(5) Toxic substance.--The term ``toxic substance'' means
any substance determined by the Administrator of the
Environmental Protection Agency to be harmful to the
environment or hazardous to the health of an individual if
inhaled or ingested by or absorbed through the skin of that
individual.
(6) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 302. NATIONAL CENTER FOR RESEARCH ON THE DIAGNOSIS AND TREATMENT
OF HEALTH CONDITIONS OF THE DESCENDANTS OF INDIVIDUALS
EXPOSED TO TOXIC SUBSTANCES DURING SERVICE IN THE ARMED
FORCES THAT ARE RELATED TO SUCH SERVICE.
(a) National Center.--
(1) In general.--Not later than one year after the date of
the enactment of this title, the Secretary of Veterans Affairs
shall, in consultation with the Advisory Board established
under section 303, select a medical center of the Department of
Veterans Affairs to serve as the national center for research
on the diagnosis and treatment of health conditions of
descendants of individuals exposed to toxic substances while
serving as members of the Armed Forces that are related to such
exposure (in this title referred to as the ``National
Center'').
(2) Criteria for selection.--
(A) In general.--The National Center shall be
selected under paragraph (1) from among medical centers
of the Department with expertise described in
subparagraph (B), or that are affiliated with research
medical centers or teaching hospitals with such
expertise, that seek to be selected under this section.
(B) Expertise described.--The expertise described
in this subparagraph is--
(i) expertise in diagnosing and treating
functional and structural birth defects; or
(ii) expertise in caring for individuals
exposed to toxic substances and diagnosing and
treating any health conditions resulting from
such exposure.
(C) Preference.--Preference for selection under
paragraph (1) shall be given to medical centers of the
Department with expertise described in clauses (i) and
(ii) of subparagraph (B), or that are affiliated with
research medical centers or teaching hospitals with
such expertise.
(b) Research.--
(1) In general.--The National Center shall conduct research
on the diagnosis and treatment of health conditions of
descendants of individuals exposed to toxic substances while
serving as members of the Armed Forces that are related to that
exposure.
(2) Studies.--In conducting research under paragraph (1),
the National Center shall study individuals, at the election of
the individual, for whom the Secretary has made one of the
following determinations:
(A)(i) The individual is a descendant of an
individual who served as a member of the Armed Forces;
(ii) such member was exposed to a toxic substance
while serving as a member of the Armed Forces; and
(iii) such descendant is afflicted with a health
condition that is related to the exposure of such
member to such toxic substance.
(B)(i) The individual was exposed to a toxic
substance while serving as a member of the Armed
Forces; and
(ii) such individual is afflicted with a health
condition that is related to the exposure of such
individual to such toxic substance.
(3) Use of records.--
(A) In general.--The Secretary of Defense or the
head of a Federal agency shall make available to the
Secretary of Veterans Affairs for review records held
by the Department of Defense, an Armed Force, or that
Federal agency, as appropriate, that might assist the
Secretary of Veterans Affairs in making the
determinations required by paragraph (2).
(B) Mechanism.--The Secretary of Veterans Affairs
and the Secretary of Defense or the head of the
appropriate Federal agency shall jointly establish a
mechanism for the availability and review of records by
the Secretary of Veterans Affairs under subparagraph
(A).
(c) Social Workers.--The National Center shall employ not less than
one licensed clinical social worker to coordinate access of individuals
to appropriate Federal, State, and local social and health care
programs and to handle case management.
(d) Reimbursement for Necessary Travel and Room and Board.--The
National Center shall reimburse any individual participating in a study
pursuant to subsection (b), and any parent, guardian, spouse, or
sibling who accompanies such individual, for the reasonable cost of--
(1) travel to the National Center for participation in such
study; and
(2) room and board during the period in which such
individual is participating in such study at the National
Center.
(e) Reports.--
(1) Annual report.--
(A) In general.--Not less frequently than annually,
the National Center shall submit to Congress and the
Advisory Board established under section 4 a report on
the functions of the National Center during the year
preceding the submittal of the report that includes a
summary of the research efforts of the National Center
that have been completed during such year and that are
ongoing as of the date of the submittal of the report.
(B) Upon request.--Upon the request of any
organization exempt from taxation under section
501(c)(19) of the Internal Revenue Code of 1986, the
National Center shall submit a copy of a report
submitted under subparagraph (A) to such organization.
(2) Quarterly report to advisory board.--Not less
frequently than quarterly, the National Center shall submit to
the Advisory Board a report on the functions of the National
Center during the quarter preceding the submittal of the report
that includes the following:
(A) A summary of the research efforts of the
National Center during such quarter.
(B) A description of any determinations made by the
National Center pursuant to such research efforts
regarding whether health conditions of descendants of
individuals exposed to toxic substances while serving
as members of the Armed Forces are related to that
exposure.
SEC. 303. ADVISORY BOARD.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this title, the Secretary of Veterans Affairs shall
establish an advisory board (in this section referred to as the
``Advisory Board'') to oversee and assess the National Center
established under section 302 and to advise the Secretary of Veterans
Affairs with respect to the work of the National Center.
(b) Membership.--
(1) Composition.--Not later than 120 days after the date of
the enactment of this title, the Secretary of Veterans Affairs,
in consultation with the Secretary of Health and Human
Services, the Director of the National Institute of
Environmental Health Sciences, and other heads of Federal
agencies as the Secretary of Veterans Affairs determines
appropriate--
(A) shall select not less than 13 voting members of
the Advisory Board, of whom--
(i) not less than three shall be members of
organizations exempt from taxation under
section 501(c)(19) of the Internal Revenue Code
of 1986;
(ii) not less than one shall be--
(I) a descendant of an individual
who was exposed to toxic substances
while serving as a member of the Armed
Forces and the descendant has
manifested a structural or functional
birth defect or a health condition that
is related to the exposure of such
individual to such toxic substance; or
(II) a parent or child of that
descendant;
(iii) not less than six shall be health
professionals, scientists, or academics who are
not employees of the Federal Government and
have expertise in--
(I) birth defects;
(II) developmental disabilities;
(III) epigenetics;
(IV) public health;
(V) the science of environmental
exposure or environmental exposure
assessment;
(VI) the science of toxic
substances; or
(VII) medical and research ethics;
and
(iv) additional members may be selected
from among social workers and advocates for
veterans or members of the Armed Forces who are
not employees of the Federal Government; and
(B) may select nonvoting members from among
individuals described in clause (iii) or (iv) of
subparagraph (A) who are employees of the Federal
Government.
(2) Chairperson.--The Secretary shall select a Chairperson
from among the members of the Advisory Board.
(3) Terms.--
(A) In general.--Each member of the Advisory Board
shall serve a term of two or three years as determined
by the Secretary.
(B) Reappointment.--At the end of the term of a
member of the Advisory Board, the Secretary may
reselect the member for another term, except that no
member may serve more than four consecutive terms.
(c) Duties.--The Advisory Board shall--
(1) oversee and assess the work of the National Center;
(2) not less frequently than quarterly, meet with the
director or another representative of the National Center on
the work conducted at the National Center, including the
research efforts of the National Center;
(3) review the annual report submitted by the National
Center to Congress and the Advisory Board under section
302(e)(1); and
(4) advise the Secretary of Veterans Affairs on--
(A) issues related to the research conducted at the
National Center;
(B) health conditions of descendants of individuals
exposed to toxic substances while serving as members of
the Armed Forces that are related to the exposure of
such individual to such toxic substance;
(C) health care services that are needed by the
descendants of individuals exposed to toxic substances
while serving as members of the Armed Forces for health
conditions that are related to the exposure of such
individual to such toxic substance; and
(D) any determinations or recommendations that the
Advisory Board may have with respect to the feasibility
and advisability of the Department providing health
care services described in subparagraph (C) to
descendants described in such subparagraph, including a
description of changes to existing policy.
(d) Report.--
(1) In general.--Not later than one year after the
establishment of the Advisory Board under subsection (a), and
not less frequently than once each year thereafter, the
Advisory Board shall submit to the Committee on Veterans'
Affairs of the Senate, the Committee on Veterans' Affairs of
the House of Representatives, and the Secretary of Veterans
Affairs a report on the recommendations of the Advisory Board.
(2) Elements.--Each report submitted under paragraph (1)
shall include recommendations for administrative or legislative
action, including recommendations for further research by the
National Center, with respect to each health condition of a
descendant of an individual exposed to a toxic substance while
serving as a member of the Armed Forces for which the National
Center has made one of the following determinations in
conducting research under section 302(b):
(A) The health condition is related to the exposure
of such individual to such toxic substance.
(B) It is unclear whether the health condition is
related to the exposure of such individual to such
toxic substance.
(C) The health condition is not related to the
exposure of such individual to such toxic substance.
(e) Meetings.--The Advisory Board shall meet at the call of the
Chair, but not less frequently than quarterly.
(f) Compensation.--The members of the Advisory Board shall serve
without compensation.
(g) Expenses.--The Secretary of Veterans Affairs shall determine
the appropriate expenses of the Advisory Board.
(h) Personnel.--
(1) In general.--The Chairperson may, without regard to the
civil service laws and regulations, appoint an executive
director of the Advisory Board, who shall be a civilian
employee of the Department of Veterans Affairs, and such other
personnel as may be necessary to enable the Advisory Board to
perform its duties.
(2) Approval.--The appointment of an executive director
under paragraph (1) shall be subject to approval by the
Advisory Board.
(3) Compensation.--The Chairperson may fix the compensation
of the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, except that the rate of pay for
the executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 304. DECLASSIFICATION REVIEW BY DEPARTMENT OF DEFENSE OF CERTAIN
INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED FORCES TO
TOXIC SUBSTANCES.
(a) Review.--The Secretary of Defense shall conduct a
declassification review to determine what information may be made
publicly available relating to any known incident in which not less
than 100 members of the Armed Forces were exposed to a toxic substance
that resulted in at least one case of a disability that a specialist in
the field of occupational medicine has determined to be credibly
associated with that toxic substance.
(b) Release of Declassified Information.--To the extent
practicable, and subject to subsection (c) and consistent with national
security, the Secretary of Defense shall make publicly available
information declassified following the review required by subsection
(a).
(c) Limitation.--Information made publicly available pursuant to
subsection (b) shall be limited to information necessary for an
individual who was potentially exposed to a toxic substance to
determine the following:
(1) Whether that individual was exposed to that toxic
substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may have resulted
from exposure to that toxic substance.
SEC. 305. NATIONAL OUTREACH CAMPAIGN ON POTENTIAL LONG-TERM HEALTH
EFFECTS OF EXPOSURE TO TOXIC SUBSTANCES BY MEMBERS OF THE
ARMED FORCES AND THEIR DESCENDANTS.
(a) In General.--The Secretary of Veterans Affairs shall, in
consultation with the Secretary of Health and Human Services and the
Secretary of Defense, conduct a national outreach and education
campaign directed toward members of the Armed Forces, veterans, and
their family members to communicate the following information:
(1) Information on--
(A) incidents of exposure of members of the Armed
Forces to toxic substances;
(B) health conditions resulting from such exposure;
and
(C) the potential long-term effects of such
exposure on the individuals exposed to those substances
and the descendants of those individuals.
(2) Information on the National Center established under
section 302 for individuals eligible to participate in studies
conducted at the National Center.
(b) Department of Veterans Affairs.--In carrying out this section,
the Secretary of Veterans Affairs shall design and implement the
national outreach and education campaign conducted under subsection
(a), including--
(1) by distributing printed materials containing the
information described in subsection (a) to veterans;
(2) by publishing such information on an Internet website
of the Department of Veterans Affairs that is available to the
public;
(3) by presenting such information in person at facilities
that serve a large number of veterans or members of the Armed
Forces; and
(4) by educating employees of all medical facilities of the
Department with respect to such information and providing such
employees with printed materials containing such information.
(c) Department of Defense.--The Secretary of Defense shall assist
the Secretary of Veterans Affairs in implementing the national outreach
and education campaign conducted under subsection (a)--
(1) by making the information described in subsection (a)
available to all members of the Armed Forces and their
families;
(2) by notifying all members of the Armed Forces of such
information; and
(3) by publishing such information on an Internet website
of the Department of Defense that is available to the public.
(d) Department of Health and Human Services.--The Secretary of
Health and Human Services shall assist the Secretary of Veterans
Affairs in implementing the national outreach and education campaign
conducted under subsection (a)--
(1) by making the information described in subsection (a)
available to members of the health care profession;
(2) by notifying such members of such information; and
(3) by publishing such information on an Internet website
of the Department of Health and Human Services that is
available to the public.
TITLE IV--OTHER MATTERS
SEC. 401. SPECIAL COMPENSATION FOR LOSS OR LOSS OF USE OF CREATIVE
ORGANS.
(a) In General.--Section 1114 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(u)(1) Subject to paragraph (3), the Secretary shall pay to a
covered veteran two lump-sum special compensation payments each in the
amount of $10,000. The second such payment may not occur less than one
year after the date of the first such payment.
``(2) Special compensation paid to a covered veteran under
paragraph (1) is in addition to disability compensation paid to the
veteran pursuant to subsection (k), except that in any month in which
the veteran receives a payment of such special compensation, the
veteran may not also receive such disability compensation pursuant to
subsection (k).
``(3) A covered veteran shall submit to the Secretary a separate,
specific application for each payment of special compensation paid
under paragraph (1) in such form and in such manner as the Secretary
considers appropriate.
``(4) In this subsection, the term `covered veteran' means a
veteran who--
``(A) is paid disability compensation pursuant to
subsection (k) for--
``(i) the anatomical loss of one or more creative
organs; or
``(ii) the permanent or static loss of use of one
or more creative organs; and
``(B) is eligible for payments under the traumatic
servicemembers' group life insurance program under section
1980A of this title, or would be eligible for such payments but
for the service of the veteran occurring before the enactment
of such section, for qualifying losses relating to an injury
described in clause (i) or (ii) of subparagraph (A).''.
(b) Application.--Subsection (u) of section 1114 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to a veteran who receives disability compensation on or after
the date of the enactment of this Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the House of Representatives
and the Senate a report on special compensation paid under subsection
(u) of section 1114 of title 38, United States Code, as added by
subsection (a). Such report shall include the following:
(1) The number of veterans who applied for such special
compensation.
(2) The number of veterans whom the Secretary has paid such
special compensation.
(3) A list, by frequency, of the service-connected
disabilities for which such special compensation was paid.
SEC. 402. INFORMATION TECHNOLOGY SYSTEM TO ASSESS AND IMPROVE THE
FAMILY CAREGIVER PROGRAM; AUTHORITY TO EXPAND PROGRAM.
(a) Implementation of New System.--
(1) In general.--The Secretary of Veterans Affairs shall
implement an information technology system that fully supports
the Program and allows for data assessment and comprehensive
monitoring of the Program.
(2) Elements of system.--The information technology system
required to be implemented under paragraph (1) shall include
the following:
(A) The ability to easily retrieve data (at the
medical center and at aggregate levels) that will allow
all aspects of the Program and the workload trends for
the Program to be assessed and comprehensively
monitored.
(B) The ability or capacity to manage data to
accommodate any degree of expansion of the Program.
(C) The ability to integrate the system with other
relevant information technology systems of the Veterans
Health Administration.
(3) Notification of implementation.--Not later than the
date on which the Secretary commences implementation of the
system under paragraph (1), the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives of the
date of such implementation.
(b) Ongoing Monitoring of and Modifications to Program.--
(1) Monitoring.--The Secretary shall use the system
implemented under subsection (a) to monitor and assess the
workload of the Program, including monitoring and assessment of
data on--
(A) the status of applications, appeals, and home
visits in connection with the Program; and
(B) the use of support services by caregivers
participating both in the Program of Comprehensive
Assistance for Families and the Program of General
Caregiver Support Services.
(2) Modifications.--
(A) Based on the monitoring and assessment
conducted under paragraph (1), the Secretary shall
identify and implement such modifications to the
Program as the Secretary considers necessary to ensure
the Program is functioning as intended and providing
veterans and caregivers participating in the Program
with services in a timely manner.
(B) Subparagraph (A) may not be construed to
authorize modifications to the Program that expand the
eligibility for the Program or increase the amount of
assistance furnished under the Program.
(c) Report.--
(1) In general.--Not later than 180 days after the date on
which the Secretary makes the notification under subsection
(a)(3), the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate, the Committee on Veterans'
Affairs of the House of Representatives a report on the
Program, including with respect to expanding the program and
the implementation of subsections (a) and (b).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed plan to expand the Program to
caregivers of veterans who would be eligible for the
Program but for the serious injury of the veteran
having incurred in the line of duty before September
11, 2001, including--
(i) with respect to staffing, funding,
eligibility criteria, and information
technology systems (including modifications to
such systems);
(ii) a phased implementation for such
expansion; and
(iii) estimates of the amounts required to
expand and sustain the program.
(B) A description of the modifications to the
Program, if any, that were identified and implemented
under subsection (b)(2).
(C) A description of--
(i) how the Secretary is using such system
to monitor the workload of the Program; and
(ii) the subsequent effect on the
performance of the Program, including the need
for additional staff, resources, or information
technology systems, or modifications to
information technology systems.
(d) Definitions.--In this section:
(1) The term ``active military, naval, or air service'' has
the meaning given that term in section 101 of title 38, United
States Code.
(2) The term ``Program'' means the program of comprehensive
assistance for family caregivers under section 1720G(a) of
title 38, United States Code.
SEC. 403. EXTENSION OF COST-OF-LIVING ADJUSTMENTS FOR DISABILITY
COMPENSATION.
Section 1104(a) of title 38, United States Code, is amended by
inserting ``and fiscal years 2017 through 2027'' after ``through
2013''.
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