[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2921 Reported in Senate (RS)]
<DOC>
Calendar No. 467
114th CONGRESS
2d Session
S. 2921
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, to improve health care
and benefits for veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2016
Mr. Isakson (for himself, Mr. Blumenthal, Mr. Tillis, Mr. Tester, Mr.
Udall, Mr. Bennet, Mr. Rounds, Mrs. Feinstein, Mr. Boozman, Mr. Heller,
Mrs. Murray, Mr. Manchin, Ms. Hirono, Mr. Brown, Mr. Leahy, Mr. Daines,
Mr. Sullivan, Mrs. Shaheen, Mr. Durbin, Mr. Nelson, Ms. Cantwell, Ms.
Baldwin, Mr. Casey, Mr. Kaine, Mr. Booker, Mr. Schatz, Mr. Moran, Mr.
Blunt, Mr. Franken, Ms. Klobuchar, Mr. Heinrich, Mrs. McCaskill, Mr.
Murphy, and Mr. Whitehouse) introduced the following bill; which was
read twice and referred to the Committee on Veterans' Affairs
May 16, 2016
Reported by Mr. Isakson, without amendment
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, to improve health care
and benefits for veterans, 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 ``Veterans First
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PERSONNEL AND ACCOUNTABILITY MATTERS
Subtitle A--Office of Accountability and Whistleblower Protection
Sec. 101. Office of Accountability and Whistleblower Protection.
Sec. 102. Protection of whistleblowers in Department of Veterans
Affairs.
Sec. 103. Treatment of congressional testimony by Department of
Veterans Affairs employees as official
duty.
Sec. 104. Report on methods used to investigate employees of Department
of Veterans Affairs.
Subtitle B--Supervisors and Senior Executives
Sec. 111. Treatment of Medical Center Directors and Directors of
Veterans Integrated Service Networks.
Sec. 112. Pay for Medical Center Directors and Directors of Veterans
Integrated Service Networks.
Sec. 113. Improved authorities of Secretary of Veterans Affairs to
improve accountability of senior
executives.
Sec. 114. Reduction of benefits for members of the Senior Executive
Service within the Department of Veterans
Affairs convicted of certain crimes.
Sec. 115. Independent review and assessment of management training and
appraisal at Department of Veterans
Affairs.
Sec. 116. Accountability of leaders for managing the Department of
Veterans Affairs.
Sec. 117. Accountability of supervisors at Department of Veterans
Affairs for hiring well-qualified people.
Sec. 118. Accountability of supervisors at Department of Veterans
Affairs for addressing performance of
employees.
Sec. 119. Improvement of training for supervisors.
Sec. 120. Assessment and report on effect on senior executives at
Department of Veterans Affairs.
Subtitle C--Employees
Sec. 121. Removal of employees of Department of Veterans Affairs based
on performance or misconduct.
Sec. 122. Prohibition on award of bonuses to employees of Department of
Veterans Affairs under consideration for
adverse actions or subject of adverse
findings.
Sec. 123. Retention of records of reprimands and admonishments received
by employees of the Department of Veterans
Affairs.
Sec. 124. Limitation on administrative leave for employees of
Department of Veterans Affairs.
Sec. 125. Measurement of Department of Veterans Affairs disciplinary
process outcomes and effectiveness.
Subtitle D--Other Personnel and Accountability Matters
Sec. 131. Written opinion on certain employment restrictions after
terminating employment with the Department
of Veterans Affairs.
Sec. 132. Requirement for contractors of the Department employing
certain recently separated Department
employees.
Sec. 133. Department of Veterans Affairs program of internal audits.
TITLE II--HEALTH CARE MATTERS
Sec. 200. Short title.
Subtitle A--Expansion and Improvement of Health Care Benefits
Sec. 201. Improved access to appropriate immunizations for veterans.
Sec. 202. Expansion of provision of chiropractic care and services to
veterans.
Sec. 203. Priority of medal of honor recipients in health care system
of Department of Veterans Affairs.
Subtitle B--Mental Health Care
Sec. 211. Veterans Expedited Recovery Commission.
Sec. 212. Mental health treatment for veterans who served in classified
missions.
Sec. 213. Inclusion of mental health professionals in education and
training program for health personnel of
the Department of Veterans Affairs.
Sec. 214. Expansion of qualifications for licensed mental health
counselors of the Department of Veterans
Affairs to include doctoral degrees.
Subtitle C--Improvement of Medical Workforce
Sec. 221. Modification of hours of employment for physicians and
physician assistants employed by the
Department of Veterans Affairs.
Sec. 222. Requirement that physician assistants employed by the
Department of Veterans Affairs receive
competitive pay.
Sec. 223. Extension of period for increase in graduate medical
education residency positions at medical
facilities of the Department of Veterans
Affairs.
Sec. 224. Additional requirements for hiring of health care providers
by Department of Veterans Affairs.
Sec. 225. Provision of information on health care providers of
Department of Veterans Affairs to State
medical boards.
Sec. 226. Report on medical workforce of the Department of Veterans
Affairs.
Sec. 227. Report on compliance by Department of Veterans Affairs with
reviews of health care providers leaving
the Department or transferring to other
facilities.
Subtitle D--Family Caregivers
Sec. 231. Expansion of family caregiver program of Department of
Veterans Affairs.
Sec. 232. Implementation of information technology system of Department
of Veterans Affairs to assess and improve
the family caregiver program.
Sec. 233. Modifications to annual evaluation report on caregiver
program of Department of Veterans Affairs.
Sec. 234. Advisory committee on caregiver policy.
Sec. 235. Comprehensive study on seriously injured veterans and their
caregivers.
Subtitle E--Health Care Administration
Sec. 241. Requirement that Department of Veterans Affairs collect
health-plan contract information from
veterans.
Sec. 242. Expansion of availability of prosthetic and orthotic care for
veterans.
Sec. 243. Revival of Intermediate Care Technician Pilot Program of
Department of Veterans Affairs.
Sec. 244. Transfer of health care provider credentialing data from
Secretary of Defense to Secretary of
Veterans Affairs.
Sec. 245. Authority to place certain veterans in non-Department of
Veterans Affairs medical foster homes upon
request.
Sec. 246. Examination and treatment by Department of Veterans Affairs
for emergency medical conditions and women
in labor.
Sec. 247. Comptroller General audit of budget of Veterans Health
Administration.
Sec. 248. Annual report on Veterans Health Administration and
furnishing of hospital care, medical
services, and nursing home care.
Subtitle F--Opioid Therapy and Pain Management
Sec. 251. Guidelines on management of opioid therapy by Department of
Veterans Affairs and Department of Defense
and implementation of such guidelines by
Department of Veterans Affairs.
Sec. 252. Improvement of opioid safety measures by Department of
Veterans Affairs.
Sec. 253. Enhancement of joint working group on pain management of the
Department of Veterans Affairs and the
Department of Defense.
Sec. 254. Review, investigation, and report on use of opioids in
treatment by Department of Veterans
Affairs.
Sec. 255. Elimination of copayment requirement for veterans receiving
opioid antagonists or education on use of
opioid antagonists.
Subtitle G--Patient Advocacy and Outreach
Sec. 261. Establishment of Office of Patient Advocacy of the Department
of Veterans Affairs.
Sec. 262. Community meetings on improving care from Department of
Veterans Affairs.
Sec. 263. Outreach to veterans regarding effect of certain delayed
payments by Chief Business Office of
Department of Veterans Affairs.
Sec. 264. Improvement of awareness of patient advocacy program and
patient bill of rights of Department of
Veterans Affairs.
Sec. 265. Comptroller General Report on Patient Advocacy Program of
Department of Veterans Affairs.
Subtitle H--Administration of Non-Department Health Care
Sec. 271. Payment of non-Department of Veterans Affairs health care
providers.
Sec. 272. Authorization of agreements between the Department of
Veterans Affairs and non-Department
providers.
Sec. 273. Elimination of requirement to act as secondary payer for care
relating to non-service-connected
disabilities under Choice Program.
Sec. 274. Requirement for advance appropriations for the Medical
Community Care account of the Department of
Veterans Affairs.
Sec. 275. Annual transfer of amounts within Department of Veterans
Affairs to pay for health care from non-
Department health care providers.
Sec. 276. Authorization of use of certain amounts appropriated to the
Veterans Choice Fund for other non-
Department of Veterans Affairs care.
Sec. 277. Applicability of Directive of Office of Federal Contract
Compliance Programs.
Subtitle I--Research on Toxic Exposure
Sec. 281. Definitions.
Sec. 282. National Academy of Medicine assessment on research relating
to the descendants of individuals with
toxic exposure.
Sec. 283. Advisory board on research relating to health conditions of
descendants of veterans with toxic exposure
while serving in the Armed Forces.
Sec. 284. Research relating to health conditions of descendants of
veterans with toxic exposure while serving
in the Armed Forces.
Subtitle J--Other Health Care Matters
Sec. 291. Authorization of certain major medical facility projects of
the Department of Veterans Affairs.
Sec. 292. Identification and tracking of biological implants used in
Department of Veterans Affairs medical
facilities.
Sec. 293. Procurement of biological implants used in Department of
Veterans Affairs medical facilities.
Sec. 294. Expansion of research and education on and delivery of
complementary and integrative health to
veterans.
Sec. 295. Pilot program on integration of complementary and integrative
health within Department of Veterans
Affairs medical centers.
Sec. 296. Report on public access to research by Department of Veterans
Affairs.
TITLE III--DISABILITY COMPENSATION AND PENSION
Sec. 301. Expedited payment of survivor's benefits.
Sec. 302. Increase in special pension for Medal of Honor recipients.
Sec. 303. Board of Veterans' Appeals video hearings.
Sec. 304. Improvements to authority for performance of medical
disabilities examinations by contract
physicians.
Sec. 305. Department of Veterans Affairs pilot program on fully
developed appeals.
Sec. 306. Requirement that Secretary of Veterans Affairs publish the
average time required to adjudicate timely
and untimely appeals.
Sec. 307. Comptroller General review of claims processing performance
of regional offices of Veterans Benefits
Administration.
Sec. 308. Report on participation of veterans service organizations in
Transition Assistance Program.
Sec. 309. Inclusion in annual budget submission of information on
capacity of Veterans Benefits
Administration to process benefits claims.
Sec. 310. Report on staffing levels at regional offices of Department
of Veterans Affairs after transition to
National Work Queue.
Sec. 311. Annual report on progress in implementing Veterans Benefits
Management System.
Sec. 312. Report on plans of Secretary of Veterans Affairs to reduce
inventory of non-rating workload.
Sec. 313. Sense of Congress on increased transparency relating to
claims for benefits and appeals of
decisions relating to benefits in Monday
Morning Workload Report.
Sec. 314. Sense of Congress regarding American veterans disabled for
life.
Sec. 315. Sense of Congress on submittal of information relating to
claims for disabilities incurred or
aggravated by military sexual trauma.
TITLE IV--EDUCATION
Subtitle A--Educational Assistance and Vocational Rehabilitation
Sec. 401. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 402. Restoration of entitlement to Post-9/11 Educational
Assistance for veterans affected by
closures of educational institutions.
Sec. 403. Consideration of eligibility for Post-9/11 Educational
Assistance for certain time on active duty
in reserve components of Armed Forces.
Sec. 404. Approval of courses of education and training for purposes of
the vocational rehabilitation program of
the Department of Veterans Affairs.
Sec. 405. Authority to prioritize vocational rehabilitation services
based on need.
Sec. 406. Codification and improvement of election process for Post-9/
11 Educational Assistance Program.
Sec. 407. Work-study allowance.
Sec. 408. Retention of entitlement to educational assistance during
certain additional periods of active duty.
Sec. 409. Eligibility for Post-9/11 Educational Assistance for certain
members of reserve components of Armed
Forces who lost entitlement to educational
assistance under Reserve Educational
Assistance Program.
Sec. 410. Reports on progress of students receiving Post-9/11
Educational Assistance.
Subtitle B--Administration of Educational Assistance
Sec. 421. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of
educational institutions.
Sec. 422. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 423. Role of State approving agencies.
Sec. 424. Criteria used to approve courses.
Sec. 425. Modification of requirements for approval for purposes of
educational assistance provided by
Department of Veterans Affairs of programs
designed to prepare individuals for
licensure or certification.
Sec. 426. Compliance surveys.
Sec. 427. Survey of individuals using their entitlement to educational
assistance under the educational assistance
programs administered by the Secretary of
Veterans Affairs.
Sec. 428. Technical amendment relating to in-State tuition rate for
individuals to whom entitlement is
transferred under All-Volunteer Force
Educational Assistance Program and Post-9/
11 Educational Assistance.
TITLE V--EMPLOYMENT AND TRANSITION
Sec. 501. Required coordination between Directors for Veterans'
Employment and Training with State
departments of labor and veterans affairs.
Sec. 502. Longitudinal study of job counseling, training, and placement
service for veterans.
TITLE VI--HOMELESS VETERANS
Subtitle A--Homeless Matters Generally
Sec. 601. Expansion of definition of homeless veteran for purposes of
benefits under the laws administered by the
Secretary of Veterans Affairs.
Sec. 602. Increased per diem payments for transitional housing
assistance that becomes permanent housing
for homeless veterans.
Sec. 603. Clarification of eligibility for services under homeless
veterans reintegration programs.
Sec. 604. Program to improve retention of housing by formerly homeless
veterans and veterans at risk of becoming
homeless.
Sec. 605. Pilot program on provision of intensive case management
interventions to homeless veterans who
receive the most health care from the
Department of Veterans Affairs.
Sec. 606. Establishment of National Center on Homelessness Among
Veterans.
Sec. 607. Administrative improvements to grant and per diem programs of
Department of Veterans Affairs.
Sec. 608. Partnerships with public and private entities to provide
legal services to homeless veterans and
veterans at risk of homelessness.
Sec. 609. Comptroller General of the United States study on homeless
veterans programs of Department of Veterans
Affairs.
Sec. 610. Requirement for Department of Veterans Affairs to assess
comprehensive service programs for homeless
veterans.
Sec. 611. Report on outreach relating to increasing the amount of
housing available to veterans.
Subtitle B--Eligibility of Homeless Veterans for Benefits
Sec. 621. Waiver of minimum period of continuous active duty in Armed
Forces for certain benefits for homeless
veterans.
Sec. 622. Authorization to furnish certain benefits to homeless
veterans with discharges or releases under
other than honorable conditions.
Sec. 623. Modification of definition of veteran for purposes of
providing certain benefits to homeless
veterans.
Sec. 624. Training of personnel of the Department of Veterans Affairs
and grant recipients.
Sec. 625. Authorization of per diem payments for furnishing care to
dependents of certain homeless veterans.
Sec. 626. Regulations.
Sec. 627. Effective date.
TITLE VII--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 701. Extension of temporary increase in number of judges on United
States Court of Appeals for Veterans
Claims.
Sec. 702. Life insurance program relating to judges of United States
Court of Appeals for Veterans Claims.
Sec. 703. Voluntary contributions to enlarge survivors' annuity.
Sec. 704. Selection of chief judge of United States Court of Appeals
for Veterans Claims.
TITLE VIII--BURIAL BENEFITS
Sec. 801. Expansion of eligibility for medallions.
Sec. 802. Inurnment of cremated remains in Arlington National Cemetery
of certain persons whose service is deemed
to be active service.
Sec. 803. Report on capacity of Arlington National Cemetery.
Sec. 804. Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in
national cemeteries.
TITLE IX--OTHER MATTERS
Sec. 901. Authority to enter into certain leases at the Department of
Veterans Affairs West Los Angeles Campus.
Sec. 902. Restoration of prior reporting fee multipliers.
Sec. 903. Repeal inapplicability of modification of basic allowance for
housing to benefits under laws administered
by Secretary of Veterans Affairs.
Sec. 904. Observance of Veterans Day.
Sec. 905. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
Sec. 906. Extension of requirement for collection of fees for housing
loans guaranteed by Secretary of Veterans
Affairs.
TITLE I--PERSONNEL AND ACCOUNTABILITY MATTERS
Subtitle A--Office of Accountability and Whistleblower Protection
SEC. 101. OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. Office of Accountability and Whistleblower Protection
``(a) Establishment.--There is established in the Department an
office to be known as the Office of Accountability and Whistleblower
Protection (in this section referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be
responsible for the functions of the Office and shall be appointed by
the President pursuant to section 308(a) of this title.
``(2) The head of the Office shall be known as the `Assistant
Secretary for Accountability and Whistleblower Protection'.
``(3) The Assistant Secretary shall report directly to the
Secretary on all matters relating to the Office.
``(4) Notwithstanding section 308(b) of this title, the Secretary
may only assign to the Assistant Secretary responsibilities relating to
the functions of the Office set forth in subsection (c).
``(c) Functions.--(1) The functions of the Office are as follows:
``(A) Advising the Secretary on all matters of the
Department relating to accountability, including accountability
of employees of the Department, retaliation against
whistleblowers, and such matters as the Secretary considers
similar and affect public trust in the Department.
``(B) Issuing reports and providing recommendations related
to the duties described in subparagraph (A).
``(C) Receiving whistleblower disclosures.
``(D) Referring whistleblower disclosures received under
subparagraph (C) for investigation to the Office of the Medical
Inspector, the Office of Inspector General, or other
investigative entity, as appropriate, if the Assistant
Secretary has reason to believe the whistleblower disclosure is
evidence of a violation of a provision of law, mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to public health and safety.
``(E) Receiving and referring disclosures from the Special
Counsel for investigation to the Medical Inspector of the
Department, the Inspector General of the Department, or such
other person with investigatory authority, as the Assistant
Secretary considers appropriate.
``(F) Recording, tracking, reviewing, and confirming
implementation of recommendations from audits and
investigations carried out by the Inspector General of the
Department, the Medical Inspector of the Department, the
Special Counsel, and the Comptroller General of the United
States, including the imposition of disciplinary actions and
other corrective actions contained in such recommendations.
``(G) Analyzing data from the Office and the Office of
Inspector General telephone hotlines, other whistleblower
disclosures, disaggregated by facility and area of health care
if appropriate, and relevant audits and investigations to
identify trends and issue reports to the Secretary based on
analysis conducted under this subparagraph.
``(H) Receiving, reviewing, and investigating allegations
of misconduct, retaliation, or poor performance involving--
``(i) an individual in a senior executive position
(as defined in section 713(d) of this title) in the
Department;
``(ii) an individual employed in a confidential,
policy-making, policy-determining, or policy-advocating
position in the Department; or
``(iii) a supervisory employee, if the allegation
involves retaliation against an employee for making a
whistleblower disclosure.
``(I) Making such recommendations to the Secretary for
disciplinary action as the Assistant Secretary considers
appropriate after substantiating any allegation of misconduct
or poor performance pursuant to an investigation carried out as
described in subparagraph (F) or (H).
``(2) In carrying out the functions of the Office, the Assistant
Secretary shall ensure that the Office maintains a toll-free telephone
number and Internet website to receive anonymous whistleblower
disclosures.
``(3) In any case in which the Assistant Secretary receives a
whistleblower disclosure from an employee of the Department under
paragraph (1)(C), the Assistant Secretary may not disclose the identity
of the employee without the consent of the employee, except in
accordance with the provisions of section 552a of title 5, or as
required by any other applicable provision of Federal law.
``(d) Staff and Resources.--The Secretary shall ensure that the
Assistant Secretary has such staff, resources, and access to
information as may be necessary to carry out the functions of the
Office.
``(e) Relation to Office of General Counsel.--The Office shall not
be established as an element of the Office of the General Counsel and
the Assistant Secretary may not report to the General Counsel.
``(f) Reports.--(1)(A) Not later than June 30 of each calendar
year, beginning with June 30, 2017, the Assistant 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 activities of the Office during the calendar year in which the
report is submitted.
``(B) Each report submitted under subparagraph (A) shall include,
for the period covered by the report, the following:
``(i) A full and substantive analysis of the activities of
the Office, including such statistical information as the
Assistant Secretary considers appropriate.
``(ii) Identification of any issues reported to the
Secretary under subsection (c)(1)(G), including such data as
the Assistant Secretary considers relevant to such issues and
any trends the Assistant Secretary may have identified with
respect to such issues.
``(iii) Identification of such concerns as the Assistant
Secretary may have regarding the size, staffing, and resources
of the Office and such recommendations as the Assistant
Secretary may have for legislative or administrative action to
address such concerns.
``(iv) Such recommendations as the Assistant Secretary may
have for legislative or administrative action to improve--
``(I) the process by which concerns are reported to
the Office; and
``(II) the protection of whistleblowers within the
Department.
``(v) Such other matters as the Assistant Secretary
considers appropriate regarding the functions of the Office or
other matters relating to the Office.
``(2) If the Secretary receives a recommendation for disciplinary
action under subsection (c)(1)(I) and does not take or initiate the
recommended disciplinary action before the date that is 60 days after
the date on which the Secretary received the recommendation, 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 detailed justification for not taking or initiating
such disciplinary action.
``(g) Definitions.--In this section:
``(1) The term `supervisory employee' means an employee of
the Department who is a supervisor as defined in section
7103(a) of title 5.
``(2) The term `whistleblower' means one who makes a
whistleblower disclosure.
``(3) The term `whistleblower disclosure' means any
disclosure of information by an employee of the Department or
individual applying to become an employee of the Department
which the employee or individual reasonably believes
evidences--
``(A) a violation of a provision of law; or
``(B) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
(b) Conforming Amendment.--Section 308(b) of such title is amended
by adding at the end the following new paragraph:
``(12) The functions set forth in section 323(c) of this
title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by adding at the end the following
new item:
``323. Office of Accountability and Whistleblower Protection.''.
SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new sections:
``Sec. 720. Protection of whistleblowers as criteria in evaluation of
supervisors
``(a) Development and Use of Criteria Required.--The Secretary, in
consultation with the Assistant Secretary of Accountability and
Whistleblower Protection, shall develop criteria that--
``(1) the Secretary shall use as a critical element in any
evaluation of the performance of a supervisory employee; and
``(2) promotes the protection of whistleblowers.
``(b) Principles for Protection of Whistleblowers.--The criteria
required by subsection (a) shall include principles for the protection
of whistleblowers, such as the degree to which supervisory employees
respond constructively when employees of the Department report
concerns, take responsible action to resolve such concerns, and foster
an environment in which employees of the Department feel comfortable
reporting concerns to supervisory employees or to the appropriate
authorities.
``(c) Supervisory Employee and Whistleblower Defined.--In this
section, the terms `supervisory employee' and `whistleblower' have the
meanings given such terms in section 323 of this title.
``Sec. 721. Training regarding whistleblower disclosures
``(a) Training.--Not less frequently than once every two years, the
Secretary, in coordination with the Whistleblower Protection Ombudsman
designated under section 3(d)(1)(C) of the Inspector General Act of
1978 (5 U.S.C. App.), shall provide to each employee of the Department
training regarding whistleblower disclosures, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower disclosure;
``(2) the right of the employee to petition Congress
regarding a whistleblower disclosure in accordance with section
7211 of title 5;
``(3) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by law,
including under sections 5701, 5705, and 7732 of this title,
under section 552a of title 5 (commonly referred to as the
Privacy Act), under chapter 93 of title 18, and pursuant to
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(4) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(5) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall ensure, to
the maximum extent practicable, that training provided under subsection
(a) is provided in person.
``(c) Certification.--Not less frequently than once every two
years, the Secretary shall provide training on merit system protection
in a manner that the Special Counsel certifies as being satisfactory.
``(d) Publication.--The Secretary shall publish on the Internet
website of the Department, and display prominently at each facility of
the Department, the rights of an employee to make a whistleblower
disclosure, including the information described in paragraphs (1)
through (5) of subsection (a).
``(e) Whistleblower Disclosure Defined.--In this section, the term
`whistleblower disclosure' has the meaning given such term in section
323 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, is amended by adding at the end the following new items:
``720. Protection of whistleblowers as criteria in evaluation of
supervisors.
``721. Training regarding whistleblower disclosures.''.
SEC. 103. TREATMENT OF CONGRESSIONAL TESTIMONY BY DEPARTMENT OF
VETERANS AFFAIRS EMPLOYEES AS OFFICIAL DUTY.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by section 102, is further amended by adding at the end the
following new section:
``Sec. 722. Congressional testimony by employees: treatment as official
duty
``(a) Congressional Testimony.--An employee of the Department is
performing official duty during the period with respect to which the
employee is testifying in an official capacity in front of either
chamber of Congress, a committee of either chamber of Congress, or a
joint or select committee of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5, to
any employee of the Department of Veterans Affairs performing official
duty described under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 102, is further amended by
inserting after the item relating to section 721 the following new
item:
``Sec. 722. Congressional testimony by employees: treatment as official
duty.''.
SEC. 104. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 540 days after the date of the
enactment of this Act, the Assistant Secretary for Accountability and
Whistleblower Protection shall submit to the Secretary, the Committee
on Veterans' Affairs of the Senate, and the Committee on Veterans'
Affairs of the House of Representatives a report on methods used to
investigate employees of the Department of Veterans Affairs and whether
such methods are used to retaliate against whistleblowers.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) An assessment of the use of administrative
investigation boards, peer review, searches of medical records,
and other methods for investigating employees of the
Department.
(2) A determination of whether and to what degree the
methods described in paragraph (1) are being used to retaliate
against whistleblowers.
(3) Recommendations for legislative or administrative
action to implement safeguards to prevent the retaliation
described in paragraph (2).
(c) Whistleblower Defined.--In this section, the term
``whistleblower'' has the meaning given such term in section 323 of
title 38, United States Code, as added by section 101.
Subtitle B--Supervisors and Senior Executives
SEC. 111. TREATMENT OF MEDICAL CENTER DIRECTORS AND DIRECTORS OF
VETERANS INTEGRATED SERVICE NETWORKS.
(a) Establishment of VISN Directors in Office of Under Secretary
for Health.--Subsection (a)(4) of section 7306 of title 38, United
States Code, is amended--
(1) by striking ``Such Medical Directors'' and inserting
``Such Medical Center Directors and Directors of Veterans
Integrated Service Networks''; and
(2) by striking ``, who shall be either a qualified doctor
of medicine or a qualified doctor of dental surgery or dental
medicine''.
(b) Qualifications.--Such section is amended by adding at the end
the following new subsection:
``(g) Notwithstanding any provision of law that requires the Office
of Personnel Management to determine qualifications or certify a
candidate for appointment under this section, Medical Center Directors
and Directors of Veterans Integrated Service Networks may be appointed
under subsection (a)(4) in accordance with qualifications established
by the Secretary for purposes of this section.''.
(c) Ability to Transfer.--
(1) In general.--Subject to such regulations as the
Director of the Office of Personnel Management may prescribe,
the Secretary of Veterans Affairs and the Director shall enter
into an agreement that permits employees appointed under
section 7306(a)(4) of title 38, United States Code, as amended
by subsection (a), to transfer to Senior Executive Service
positions in other Federal agencies and to be deemed career
appointees who are not subject to competition or certification
by a qualifications review board under section 3393 of title 5,
United States Code.
(2) Definitions.--In this subsection, the terms ``Senior
Executive Service position'' and ``career appointee'' have the
meanings given those terms in section 3132(a) of title 5,
United States Code.
SEC. 112. PAY FOR MEDICAL CENTER DIRECTORS AND DIRECTORS OF VETERANS
INTEGRATED SERVICE NETWORKS.
(a) In General.--Chapter 74 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``Subchapter VII--Pay for Medical Center Directors and Directors of
Veterans Integrated Service Networks
``Sec. 7481. Pay for Medical Center Directors and Directors of Veterans
Integrated Service Networks
``(a) Elements of Pay.--Pay for a Medical Center Director or
Director of a Veterans Integrated Service Network appointed under
section 7306(a)(4) of this title (in this section referred to as a
`Director') shall consist of basic pay set forth under section 7404(a)
of this title and market pay determined under subsection (b).
``(b) Market Pay.--(1) Each Director is eligible for market pay
determined under this subsection.
``(2) The amount of market pay payable to a Director under this
section shall be determined by the Secretary on a case-by-case basis
and shall consist of pay intended to reflect needs of the Department
with respect to the recruitment and retention (as determined by the
Secretary) of such Director.
``(3) In determining the amount of market pay payable to a Director
under this section, the Secretary shall--
``(A) consult not fewer than two national surveys on pay
for hospital directors, medical facility directors, or other
similar positions, whether prepared by private, public, or
quasi-public entities, to make a general assessment of the
range of potential pay for the Director; and
``(B) take into account--
``(i) the experience of the Director in managing
facilities or program offices of the Department,
including the complexity of such facilities or offices;
``(ii) the complexity of the facility or facilities
to be managed by the Director;
``(iii) the labor market, in such geographic area
as the Secretary considers relevant, for hospital
directors, medical facility directors, and other
similar positions;
``(iv) the experience of the Director in managing
medical facilities for other Federal agencies, private
entities, or non-profit entities; and
``(v) such other considerations as the Secretary
considers appropriate.
``(4)(A) The Secretary shall evaluate the amount of market pay
payable to a Director under this section not less frequently than once
every two years and may adjust the market pay payable to such Director
as a result of such evaluation.
``(B) A Director whose market pay is evaluated under subparagraph
(A) shall receive written notice of the results of such evaluation.
``(c) Requirements and Limitations on Total Pay.--(1) Not less
frequently than once every two years, the Secretary shall set forth a
departmentwide minimum and maximum amount for total annual pay under
subsection (a) that may be paid to a Director and shall publish each
such amount in the Federal Register.
``(2) The minimum and maximum amounts set forth under paragraph (1)
shall take effect not earlier than the date that is 60 days after the
publication of such amounts under such paragraph.
``(3) The sum of the basic pay set forth under section 7404(a) of
this title and market pay determined under subsection (b) for a
Director for a calendar year--
``(A) may not be less than the most recent minimum amount
set forth under paragraph (1) before the beginning of such
calendar year; and
``(B) may not be more than the most recent maximum amount
set forth under such paragraph before the beginning of such
calendar year.
``(4) The total amount of compensation paid to a Director under
this title in any calendar year may not exceed the amount of annual
compensation (excluding expenses) of the President under section 102 of
title 3.
``(5) The Secretary may not delegate to an officer or employee of
the Department the requirement of the Secretary to set forth a
departmentwide minimum and maximum amount under paragraph (1).
``(d) Treatment of Pay.--Pay under this section shall be considered
pay for all purposes, including retirement benefits under chapters 83
and 84 of title 5 and other benefits.
``(e) Ancillary Effects of Decreases in Pay.--(1) A decrease in pay
of a Director resulting from an adjustment in the amount of market pay
of the Director under subsection (b) shall not be treated as an adverse
action.
``(2) A decrease in the amount of pay of a Director resulting from
an involuntary reassignment in connection with a disciplinary action
taken against the Director is not subject to appeal or judicial
review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of such title is amended by adding at the end the following:
``subchapter vii. pay for medical center directors and directors of
veterans integrated service networks
``7481. Pay for Medical Center Directors and Directors of Veterans
Integrated Service Networks.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 113. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO
IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES.
(a) Accountability of Senior Executives.--
(1) In general.--Section 713 of title 38, United States
Code, is amended to read as follows:
``Sec. 713. Accountability of senior executives
``(a) Authority.--(1) The Secretary may, as provided in this
section, reprimand or suspend, involuntarily reassign, demote, or
remove a covered individual from a senior executive position at the
Department if the Secretary determines that the misconduct or
performance of the covered individual warrants such action.
``(2) If the Secretary so removes such an individual, the Secretary
may remove the individual from the civil service (as defined in section
2101 of title 5).
``(b) Rights and Procedures.--(1) A covered individual who is the
subject of an action under subsection (a) is entitled to--
``(A) be represented by an attorney or other representative
of the covered individual's choice;
``(B) not fewer than 10 business days advance written
notice of the charges and evidence supporting the action and an
opportunity to respond, in a manner prescribed by the
Secretary, before a decision is made regarding the action; and
``(C) grieve the action in accordance with an internal
grievance process that the Secretary, in consultation with the
Assistant Secretary for Accountability and Whistleblower
Protection, shall establish for purposes of this subsection.
``(2)(A) The Secretary shall ensure that the grievance process
established under paragraph (1)(C) takes fewer than 21 days.
``(B) The Secretary shall ensure that, under the process
established pursuant to paragraph (1)(C), grievances are reviewed only
by employees of the Department.
``(3) A decision or grievance decision under paragraph (1)(C) shall
be final and conclusive.
``(4) A covered individual adversely affected by a final decision
under paragraph (1)(C) may obtain judicial review of the decision.
``(5) In any case in which judicial review is sought under
paragraph (4), the court shall review the record and may set aside any
Department action found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with a provision of law;
``(B) obtained without procedures required by a provision
of law having been followed; or
``(C) unsupported by substantial evidence.
``(c) Relation to Other Provisions of Law.--(1) The authority
provided by subsection (a) is in addition to the authority provided by
section 3592 or subchapter V of chapter 75 of title 5.
``(2) Section 3592(b)(1) of title 5 and the procedures under
section 7543(b) of such title do not apply to an action under
subsection (a).
``(d) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a career appointee (as that term is defined
in section 3132(a)(4) of title 5); or
``(B) any individual who occupies an administrative
or executive position and who was appointed under
section 7306(a) or section 7401(1) of this title.
``(2) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``(3) The term `senior executive position' means--
``(A) with respect to a career appointee (as that
term is defined in section 3132(a) of title 5), a
Senior Executive Service position (as such term is
defined in such section); and
``(B) with respect to a covered individual
appointed under section 7306(a) or section 7401(1) of
this title, an administrative or executive position.''.
(2) Conforming amendment.--Section 7461(c)(1) of such title
is amended by inserting ``employees in senior executive
positions (as defined in section 713(d) of this title) and''
before ``interns''.
(b) Performance Management.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a performance management system for employees in
senior executive positions, as defined in section 713(d) of
title 38, United States Code, as amended by subsection (a),
that ensures performance ratings and awards given to such
employees--
(A) meaningfully differentiate extraordinary from
satisfactory contributions; and
(B) substantively reflect organizational
achievements over which the employee has responsibility
and control.
(2) Regulations.--The Secretary shall prescribe regulations
to carry out paragraph (1).
SEC. 114. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by subtitle A, is further amended by inserting after section
713 the following new section:
``Sec. 714. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Individual.--The covered
service of an individual removed from a senior executive position at
the Department by the Secretary for performance or misconduct shall not
be considered creditable service under section 8332 or section 8411 of
title 5 for purposes of calculating an annuity with respect to such
individual under chapter 83 or chapter 84 of such title if the
individual is convicted of a felony (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's performance while employed in such
senior executive position.
``(b) Reduction of Annuity for Retired Individual.--(1) The
Secretary may order that the covered service of an individual who is
subject to a removal or transfer from a senior executive position at
the Department by the Secretary for performance or misconduct but who
leaves employment at the Department prior to the issuance of a final
decision with respect to such removal or transfer shall not be
considered creditable service under section 8332 or section 8411 of
title 5 for purposes of calculating an annuity with respect to such
individual under chapter 83 or chapter 84 of such title if the
individual is convicted of a felony (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's performance while employed in such
senior executive position.
``(2) The Secretary shall make such an order not later than seven
days after the date on which such individual is convicted of such
felony.
``(3) Not later than 30 days after the Secretary issues any order
with respect to an individual under paragraph (1), the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(c) Lump-sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(d) Review of Reduction of Annuity.--Any individual with respect
to whom an annuity is reduced under subsection (a) or (b) may appeal
the reduction to the Director of the Office of Personnel Management
pursuant to such regulations as the Director may prescribe for purposes
of this section.
``(e) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer from a senior
executive position at the Department for performance or
misconduct, the period of service beginning on the date that
the Secretary determines under such section that such
individual engaged in activity that gave rise to such action
and ending on the date that such individual is removed from the
civil service or leaves employment at the Department prior to
the issuance of a final decision with respect to such action,
as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331 or 8401 of title 5, as the case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(d) of this title.
``(4) The term `service' has the meaning given such term in
section 8331 or 8401 of title 5, as the case may be.''.
(b) Application.--Section 714 of such title, as added by subsection
(a), shall apply to any action of removal or transfer from a senior
executive position (as defined in section 713(d) of such title) at the
Department of Veterans Affairs commencing on or after the date of the
enactment of this title.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by subtitle A, is further amended by inserting
after the item relating to section 713 the following new item:
``714. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
SEC. 115. INDEPENDENT REVIEW AND ASSESSMENT OF MANAGEMENT TRAINING AND
APPRAISAL AT DEPARTMENT OF VETERANS AFFAIRS.
(a) Review and Assessment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this title, the Secretary of Veterans Affairs
shall enter into a contract with a nongovernmental entity to
review and assess the following:
(A) The management training program for individuals
employed in senior executive positions of the
Department of Veterans Affairs that is being provided
as of the date of the enactment of this title.
(B) The performance appraisal system of the
Department in effect on the day before the date of the
enactment of this title for individuals employed in
senior executive positions.
(2) Elements.--The review and assessment required by
paragraph (1) shall include the following:
(A) A comparison of the training provided by the
Department to the management training provided for
senior executives of other Federal departments and
agencies and to the management training provided to
senior executives in the private sector.
(B) Recommendations for improving the program
described in paragraph (1)(A).
(C) Recommendations for improving the system
described in paragraph (1)(B).
(D) An assessment of the ability of the Department
to attract and develop employees suitable for senior
executive service positions of the Department.
(E) An assessment of the leadership and management
actions of the Department resulting from Department of
Veterans Affairs Performance and Accountability Reports
submitted in the two most recent fiscal years ending
before the date of the enactment of this title.
(F) A review of the strategy of the Secretary
called ``Lean Management''.
(G) An assessment of the compliance of the
Department with provisions of law added or amended by
the GPRA Modernization Act of 2010 (Public Law 111-352)
and an explanation of the changes made to the
Department and the activities carried out by the
Secretary in response to the enactment of such Act.
(H) An assessment of the results of the most recent
Annual Employee Survey carried out pursuant to part 250
of title 5, Code of Federal Regulations.
(I) An assessment of the efforts of the Secretary
to conduct data-driven reviews and develop a results-
oriented culture pursuant to part 6 of Circular A-11 of
the Office of Management and Budget.
(J) An assessment of the Department of Veterans
Affairs Federal Performance Improvement Officer role
and oversight function.
(K) A survey of the morale of employees and their
satisfaction with their work and work environment in
each Department of Veterans Affairs staff organization,
staff office, and administration as described by
Directive 0211 of the Department and provided for in
version 3.0a of the Functional Organization Manual of
the Department.
(3) Report to secretary.--The contract required by
paragraph (1) shall provide that the nongovernmental entity
must complete and submit to the Secretary a report containing
the findings and conclusions of the review by not later than
180 days after the date on which the Secretary and the
nongovernmental entity enter into the contract.
(b) Report to Congress.--Not later than 60 days after the date on
which the Secretary receives the report under subsection (a)(3), the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives the report together with a plan for carrying out the
recommendations contained in the report or, as the case may be, a
detailed explanation and justification for the Secretary's
determination not to implement any of the recommendations contained in
the report.
(c) Senior Executive Position Defined.--In this section, the term
``senior executive position'' has the meaning given that term in
section 713(d) of title 38, United States Code.
SEC. 116. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by inserting after section 709 the following new
section:
``Sec. 710. Annual performance plan for political appointees
``(a) In General.--The Secretary shall conduct an annual
performance plan for each political appointee of the Department that is
similar to the annual performance plan conducted for an employee of the
Department who is appointed as a career appointee in a Senior Executive
Service position at the Department.
``(b) Elements of Plan.--Each annual performance plan conducted
under subsection (a) with respect to a political appointee of the
Department shall include, to the extent applicable, an assessment of
whether the appointee is meeting the following goals:
``(1) Recruiting, selecting, and retaining well-qualified
individuals for employment at the Department.
``(2) Engaging and motivating employees.
``(3) Training and developing employees and preparing those
employees for future leadership roles within the Department.
``(4) Holding each employee of the Department that is a
supervisor accountable for addressing issues relating to
performance, in particular issues relating to the performance
of employees that report to the supervisor.
``(5) Promoting a positive culture of service that--
``(A) reflects the mission of the Department and
the values of integrity, commitment, advocacy, respect,
and excellence; and
``(B) emphasizes the greatest degree of performance
and conduct.
``(c) Definitions.--In this section:
``(1) The terms `career appointee' and `Senior Executive
Service position' have the meanings given such terms in section
3132(a) of title 5.
``(2) The term `supervisor' has the meaning given such term
in section 7103(a) of such title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 709 the following new item:
``710. Annual performance plan for political appointees.''.
SEC. 117. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS
AFFAIRS FOR HIRING WELL-QUALIFIED PEOPLE.
(a) Assessment During Probationary Period.--
(1) Determination required.--With respect to any employee
of the Department of Veterans Affairs who is required to serve
a probationary period in a position in the Department, the
Secretary of Veterans Affairs shall require the supervisor of
such employee to determine, during the 30-day period ending on
the date on which the probationary period ends, whether the
employee--
(A) has demonstrated successful performance; and
(B) should continue past the probationary period.
(2) Limitation on employment after probationary period.--
(A) In general.--Except as provided in subparagraph
(B), no employee of the Department serving a
probationary period as described in paragraph (1) may
complete that probationary period unless and until the
supervisor of the employee, or another supervisor
capable of making the requisite determination, has made
an affirmative determination under such paragraph.
(B) Probationary period deemed completed.--
(i) No determination.--If no determination
under paragraph (1) is made with respect to an
employee before the end of the 60-day period
following the end of the 30-day period
specified in such paragraph, the employee shall
be deemed to have completed the probationary
period of the employee effective as of the end
of that 60-day period.
(ii) Retroactive effect of determination.--
If an affirmative determination under paragraph
(1) is made with respect to an employee after
the end of the 30-day period specified in such
paragraph, the employee shall be deemed to have
completed the probationary period of the
employee effective as of the end of that 30-day
period.
(3) Notification to congress regarding determinations.--Not
less frequently than monthly, the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives
regarding--
(A) each instance during such month in which a
supervisor did not make a determination required under
paragraph (1) during the period required in such
paragraph; and
(B) each such instance included in a previous
notification under this paragraph for which the
supervisor still has not made such a determination.
(b) Supervisors.--With respect to any employee of the Department
who is serving a probationary period in a supervisory position at the
Department, successful performance under subsection (a) shall include
demonstrating management competencies in addition to the technical
skills required for such position.
(c) Performance Plan.--Each annual performance plan conducted for a
supervisor of an employee serving a probationary period shall hold the
supervisor accountable for--
(1) providing regular feedback to such employee during such
period before making a determination under subsection (a)
regarding the probationary status of such employee; and
(2) making a timely determination under subsection (a)
regarding the probationary status of such employee.
(d) Supervisor Defined.--In this section, the term ``supervisor''
has the meaning given such term in section 7103(a) of title 5, United
States Code.
SEC. 118. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS
AFFAIRS FOR ADDRESSING PERFORMANCE OF EMPLOYEES.
(a) In General.--The Secretary of Veterans Affairs shall ensure
that, as a part of the annual performance plan of a supervisor in the
Department, the supervisor is evaluated on the following:
(1) Taking action to address poor performance and
misconduct among the employees that report to the supervisor.
(2) Taking steps to improve or sustain high levels of
employee engagement.
(3) Promoting a positive culture of service that--
(A) reflects the mission of the Department and the
values of integrity, commitment, advocacy, respect, and
excellence; and
(B) emphasizes the greatest degree of performance
and conduct.
(b) Supervisor Defined.--In this section, the term ``supervisor''
has the meaning given such term in section 7103(a) of title 5, United
States Code.
SEC. 119. IMPROVEMENT OF TRAINING FOR SUPERVISORS.
(a) In General.--The Secretary of Veterans Affairs shall provide to
each employee of the Department of Veterans Affairs who is employed as
a supervisor periodic training on the following:
(1) The rights of whistleblowers and how to address a
report by an employee of a hostile work environment, reprisal,
or harassment.
(2) How to effectively motivate, manage, and reward the
employees who report to the supervisor.
(3) How to effectively manage employees who are performing
at an unacceptable level and access assistance from the human
resources office of the Department and the Office of the
General Counsel of the Department with respect to those
employees.
(b) Definitions.--In this section:
(1) Supervisor.--The term ``supervisor'' has the meaning
given such term in section 7103(a) of title 5, United States
Code.
(2) Whistleblower.--The term ``whistleblower'' has the
meaning given such term in section 323(g) of title 38, United
States Code, as added by section 101.
SEC. 120. ASSESSMENT AND REPORT ON EFFECT ON SENIOR EXECUTIVES AT
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) measure and assess the effect of the enactment of this
title on the morale, engagement, hiring, promotion, retention,
discipline, and productivity of individuals in senior executive
positions at the Department of Veterans Affairs; and
(2) 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 findings of the Secretary with
respect to the measurement and assessment carried out under
paragraph (1).
(b) Elements.--The assessment required by subsection (a)(1) shall
include the following:
(1) With respect to engagement, trends in morale of
individuals in senior executive positions and individuals
aspiring to senior executive positions.
(2) With respect to promotions--
(A) whether the Department is experiencing an
increase or decrease in the number of employees
participating in leadership development and candidate
development programs with the intention of becoming
candidates for senior executive positions; and
(B) trends in applications to senior executive
positions within the Department.
(3) With respect to retention--
(A) trends in retirement rates of individuals in
senior executive positions at the Department;
(B) trends in quit rates of individuals in senior
executive positions at the Department;
(C) rates of transfer of--
(i) individuals from other Federal agencies
into senior executive positions at the
Department; and
(ii) individuals from senior executive
positions at the Department to other Federal
agencies; and
(D) trends in total loss rates by job function.
(4) With respect to disciplinary processes--
(A) regarding individuals in senior executive
positions at the Department who are the subject of
disciplinary action--
(i) the length of the disciplinary process
in days for such individuals both before the
date of the enactment of this Act and under the
provisions of this Act described in subsection
(a)(1); and
(ii) the extent to which appeals by such
individuals are upheld under such provisions as
compared to before the date of the enactment of
this Act;
(B) the components or offices of the Department
which experience the greatest number of proposed
adverse actions against individuals in senior executive
positions and components and offices which experience
the least relative to the size of the components or
offices' total number of senior executive positions;
(C) the tenure of individuals in senior executive
positions who are the subject of disciplinary action;
(D) whether the individuals in senior executive
positions who are the subject of disciplinary action
have previously been disciplined; and
(E) the number of instances of disciplinary action
taken by the Secretary against individuals in senior
executive positions at the Department as compared to
governmentwide discipline against individuals in Senior
Executive Service positions (as defined in section
3132(a) of title 5, United States Code) as a percentage
of the total number of individuals in senior executive
positions at the Department and Senior Executive
Service positions (as so defined).
(5) With respect to hiring--
(A) the degree to which the skills of newly hired
individuals in senior executive positions at the
Department are appropriate with respect to the needs of
the Department;
(B) the types of senior executive positions at the
Department most commonly filled under the authorities
in the provisions described in subsection (a)(1);
(C) the number of senior executive positions at the
Department filled by hires outside of the Department
compared to hires from within the Department;
(D) the length of time to fill a senior executive
position at the Department and for a new hire to begin
working in a new senior executive position;
(E) the mission-critical deficiencies filled by
newly hired individuals in senior executive positions
and the connection between mission-critical
deficiencies filled under the provisions described in
subsection (a) and annual performance of the
Department;
(F) the satisfaction of applicants for senior
executive positions at the Department with the hiring
process, including the clarity of job announcements,
reasons for withdrawal of applications, communication
regarding status of applications, and timeliness of
hiring decision; and
(G) the satisfaction of newly hired individuals in
senior executive positions at the Department with the
hiring process and the process of joining and becoming
oriented with the Department.
(c) Senior Executive Position Defined.--In this section, the term
``senior executive position'' has the meaning given such term in
section 713 of title 38, United States Code.
Subtitle C--Employees
SEC. 121. REMOVAL OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS BASED
ON PERFORMANCE OR MISCONDUCT.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by subtitles A and B, is further amended by inserting after
section 714, as added by section 114, the following new section:
``Sec. 715. Employees: removal based on performance or misconduct
``(a) In General.--(1) The Secretary may remove a covered
individual who is an employee of the Department if the Secretary
determines that--
``(A) the performance or misconduct of the covered
individual warrants such removal; and
``(B) in the case of removal for performance, a portion of
such performance occurred during the two-year period ending on
the date of the determination.
``(2) If the Secretary removes a covered individual under paragraph
(1), the Secretary may remove the covered individual from the civil
service (as defined in section 2101 of title 5).
``(3) Nothing in this section may be construed to authorize a
finalized performance appraisal of an employee to be retroactively
amended.
``(b) Notice to Congress.--Not later than 30 days after removing a
covered individual under subsection (a), the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives notice in writing of such removal and the reason for
such removal.
``(c) Procedure.--(1) An employee removed under subsection (a) is
entitled, before removal, to--
``(A) at least 10 business days written notice (which, in
the case of removal for performance, shall identify specific
instances as described in clause (i) of section 4303(b)(1)(A)
of title 5 and critical elements as described in clause (ii) of
such section), unless there is reasonable cause to believe that
the employee committed a crime for which a sentence of
imprisonment can be imposed--
``(i) stating the specific reasons for the proposed
action; and
``(ii) including a file containing all evidence in
support of the proposed action;
``(B) 10 business days to answer the charges orally and in
writing and to furnish affidavits and other documentary
evidence in support of the answer;
``(C) be represented by an attorney or other
representative;
``(D) a review of the case by the Secretary before a
decision adverse to the employee is made final;
``(E) as soon as practicable, a decision of the Secretary
with respect to the charges of the employee; and
``(F) a written statement of the decision of the Secretary
that--
``(i) includes the specific reasons of the
decision; and
``(ii) in the case of a removal based on
performance, complies with section 4303(b)(1)(D) of
title 5.
``(2)(A) Subject to subparagraph (B) and subsection (e), any final
decision of the Secretary regarding removal under subsection (a) may be
appealed to the Merit Systems Protection Board.
``(B) An appeal under subparagraph (A) of a removal may only be
made if such appeal is made not later than 10 business days after the
date of such removal.
``(C)(i) Subject to clause (ii), the decision of the Secretary
shall be sustained under subparagraph (A) only if the Secretary's
decision--
``(I) in the case of an action based on performance, is
supported by substantial evidence; or
``(II) in any other case, is supported by a preponderance
of the evidence.
``(ii) Notwithstanding clause (i), the Secretary's decision may not
be sustained under subparagraph (A) if the covered individual--
``(I) shows harmful error in the application of the
Secretary's procedures in arriving at such decision;
``(II) shows that the decision was based on any prohibited
personnel practice described in section 2302(b) of title 5; or
``(III) shows that the decision was not in accordance with
law.
``(3) The procedures under section 7513(b) of title 5 and chapter
43 of such title shall not apply to a removal under this section.
``(d) Expedited Review.--(1) The Merit Systems Protection Board
shall promulgate such rules as the Board considers appropriate to
expedite appeals under subsection (c)(2).
``(2) The Board shall ensure that a final decision on an appeal
described in paragraph (1) is issued not later than 90 days after the
appeal is made.
``(3) During the period beginning on the date on which a covered
individual appeals a removal from the civil service under subsection
(c)(2) and ending on the date that the Board issues a final decision on
such appeal, such covered individual may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.
``(4) To the maximum extent practicable, the Secretary shall
provide to the Merit Systems Protection Board such information and
assistance as may be necessary to ensure an appeal under subsection
(c)(2) is expedited.
``(e) Relation to Title 5.--The authority provided by this section
is in addition to the authority provided by subchapter V of chapter 75
of title 5 and chapter 43 of such title.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means an individual
occupying a position at the Department but does not include--
``(A) an individual, as that term is defined in
section 713(d); or
``(B) a political appointee.
``(2) The term `misconduct' includes a violation of
paragraph (8) or (9) of section 2302(b) of title 5, neglect of
duty, malfeasance, or failure to accept a directed reassignment
or to accompany a position in a transfer of function.
``(3) The term `political appointee' means an individual
who is--
``(A) employed in a position described under
sections 5312 through 5316 of title 5 (relating to the
Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a) of title
5; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to
section 714, as added by section 114, the following new item:
``715. Employees: removal based on performance or misconduct.''.
(2) Conforming.--
(A) Title 5.--Section 4303(f) of title 5, United
States Code, is amended--
(i) in paragraph (2), by striking ``or'' at
the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following:
``(4) any removal under section 715 of title 38.''.
(B) Title 38.--Subchapter V of chapter 74 of title
38, United States Code, is amended--
(i) in section 7461(b)(1), by striking ``If
the'' and inserting ``Except as provided in
section 715 of this title, if the''; and
(ii) in section 7462--
(I) in subsection (a)(1), by
striking ``Disciplinary'' and inserting
``Except as provided in section 715 of
this title, the Disciplinary''; and
(II) in subsection (b)(1), by
striking ``In any case'' and inserting
``Except as provided in section 715 of
this title, in any case''.
SEC. 122. PROHIBITION ON AWARD OF BONUSES TO EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS UNDER CONSIDERATION FOR ADVERSE ACTIONS
OR SUBJECT OF ADVERSE FINDINGS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by inserting after section 715, as added by section
121, the following new section:
``Sec. 716. Prohibition on award of bonuses to employees under
consideration for adverse actions or subject of adverse
findings
``(a) Under Consideration for Adverse Action.--Notwithstanding any
other provision of law, the Secretary may not pay any bonus to any
employee of the Department, including an employee in a senior executive
position (as defined in section 713(d) of this title), while the
Secretary is considering carrying out an adverse personnel action with
respect to the employee under this title or title 5.
``(b) Subject of Adverse Finding.--(1) Notwithstanding any other
provision of law, in a case in which the Secretary makes an adverse
finding relating to an employee of the Department, the Secretary may
not award a bonus to such employee until the earlier of--
``(A) such date as the Secretary considers appropriate, but
not sooner than the date that is two years after the end of the
fiscal year in which the adverse finding was made and not more
than five years after the end of such fiscal year; or
``(B) the date that the finding is found to have been made
in error.
``(2) The Secretary may base an adverse finding under paragraph (1)
on an investigation by, determination of, or information provided by
the Inspector General of the Department or another senior ethics
official of the Department or the Comptroller General of the United
States in connection with the carrying out by such official of an
activity, authority, or function under a provision of law other than
this section.
``(c) Previously Awarded Bonuses.--(1) If the Secretary makes an
adverse finding relating to an employee under subsection (b), the
Secretary, after notice and an opportunity for a hearing, shall issue
an order directing the employee to repay the amount of any bonus
awarded to the employee during the year during which the adverse
finding is made, unless such finding is found to have been made in
error.
``(2) A hearing under paragraph (1) shall be conducted in
accordance with regulations relating to hearings promulgated by the
Secretary under chapter 75 of title 5.
``(d) Condition of Receipt.--As a condition of receiving a bonus
awarded after the date of the enactment of this section, an employee of
the Department shall sign a certification stating that the employee
shall repay the bonus in accordance with a final order issued in
accordance with subsection (c).
``(e) Appeal.--An employee determined to be ineligible for a bonus
under subsection (b) or against whom an order is issued under
subsection (c) may appeal to the Merit Systems Protection Board under
section 7701 of title 5.
``(f) Rulemaking.--The Secretary may promulgate such rules as the
Secretary considers appropriate to carry out this section.
``(g) Definitions.--In this section:
``(1) The term `adverse finding' relating to an employee
means a determination that the conduct of the employee--
``(A) violated a policy of the Department for which
the employee may be removed or suspended for a period
of not less than 14 days; or
``(B) violated a law for which the employee may be
imprisoned for more than 1 year.
``(2) The term `adverse personnel action' means any of the
adverse actions described in section 7461(c)(2) of this title.
``(3) The term `bonus' means any bonus or cash award,
including--
``(A) an award under chapter 45 of title 5;
``(B) an award under section 5384 of such title;
and
``(C) a retention bonus under section 5754 of such
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by inserting after the item relating to
section 715, as added by section 121, the following new item:
``716. Prohibition on award of bonuses to employees under consideration
for adverse actions or subject of adverse
findings.''.
SEC. 123. RETENTION OF RECORDS OF REPRIMANDS AND ADMONISHMENTS RECEIVED
BY EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by inserting after section 716, as added by section
122, the following new section:
``Sec. 717. Record of reprimands and admonishments
``(a) In General.--Except as provided in subsection (b), if any
employee of the Department receives a reprimand or admonishment from
the Secretary, the Secretary shall retain a copy of such reprimand or
admonishment in the permanent record of the employee for not less than
three years after the date on which the employee received the reprimand
or admonishment.
``(b) Removal.--After the end of the three-year period specified in
subsection (a) with respect to a reprimand or admonishment received by
an employee, the Secretary shall remove the reprimand or admonishment,
as the case may be, from the permanent record of the employee on the
earlier of the following:
``(1) The date on which the Secretary determines that the
reprimand or admonishment merits removal from the permanent
record of the employee.
``(2) The date that is five years after the date on which
the employee received the reprimand or admonishment.
``(c) Appeals.--If an employee receives a reprimand or admonishment
that the employee believes he or she received improperly, the employee
may immediately appeal the reprimand or admonishment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by inserting after the item relating to
section 716, as added by section 122, the following new item:
``717. Record of reprimands and admonishments.''.
SEC. 124. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by inserting after section 717, as added by section
123, the following new section:
``Sec. 718. Administrative leave limitation and report
``(a) Limitation Applicable to Employees Within the Department.--
(1) The Secretary may not place any covered individual on
administrative leave for more than a total of 14 business days during
any 365-day period.
``(2)(A) The Secretary may waive the limitation under paragraph (1)
and extend the period of administrative leave of a covered individual
if the Secretary submits to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a detailed explanation of the reasons the covered
individual was placed on administrative leave and the reasons for the
extension of such leave.
``(B) Such explanation shall include the position of the covered
individual and the location where the covered individual is employed.
``(3) In this subsection, the term `covered individual' means an
employee of the Department, including an employee in a senior executive
position (as defined in section 713(d) of this title)--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each fiscal year, 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 listing the
position of each employee of the Department (if any) who has been
placed on administrative leave for a period longer than 14 business
days during such fiscal year.
``(2) Each report submitted under paragraph (1) shall include, with
respect to each employee listed in such report, the following:
``(A) The position occupied by the employee.
``(B) The number of business days of such leave.
``(C) The reason that such employee was placed on such
leave.
``(3) In submitting each report under paragraph (1), the Secretary
shall take such measures to protect the privacy of the employees listed
in the report as the Secretary considers appropriate.
``(c) Administrative Leave Defined.--In this section, the term
`administrative leave'--
``(1) means an administratively authorized absence from
duty without loss of pay or charge to leave, for which the
employee is placed--
``(A) due to an investigation; or
``(B) while disciplinary action is proposed or
initiated; and
``(2) includes any type of paid nonduty status without a
charge to leave.''.
(b) Application.--
(1) Administrative leave limitation.--Subsection (a) of
section 718 of title 38, United States Code, as added by
subsection (a) of this section, shall apply to any period of
administrative leave (as defined in such section) commencing on
or after the date of the enactment of this title.
(2) Report.--The report under section 718(b) of such title
(as added by subsection (a)) shall apply beginning in the first
quarter that ends after the date that is 180 days after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 717, as added by section 123, the following new
item:
``718. Administrative leave limitation and report.''.
SEC. 125. MEASUREMENT OF DEPARTMENT OF VETERANS AFFAIRS DISCIPLINARY
PROCESS OUTCOMES AND EFFECTIVENESS.
(a) Measuring and Collecting.--
(1) In general.--The Secretary of Veterans Affairs shall
measure and collect information on the outcomes of disciplinary
actions carried out by the Department of Veterans Affairs
during the three-year period ending on the date of the
enactment of this Act and the effectiveness of such actions.
(2) Elements.--In measuring and collecting pursuant to
paragraph (1), the Secretary shall measure and collect
information regarding the following:
(A) The average time from the initiation of an
adverse action against an employee at the Department to
the final resolution of that action.
(B) The number of distinct steps and levels of
review within the Department involved in the
disciplinary process and the average length of time
required to complete these steps.
(C) The rate of use of alternate disciplinary
procedures compared to traditional disciplinary
procedures and the frequency with which employees who
are subject to alternative disciplinary procedures
commit additional offenses.
(D) The number of appeals from adverse actions
filed against employees of the Department, the number
of appeals upheld, and the reasons for which the
appeals were upheld.
(E) The use of paid administrative leave during the
disciplinary process and the length of such leave.
(b) Report.--
(1) In general.--Not later than December 31, 2016, the
Secretary shall submit to the appropriate committees of
Congress a report on the disciplinary procedures and actions of
the Department.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The information collected under subsection (a).
(B) The findings of the Secretary with respect to
the measurement and collection carried out under
subsection (a).
(C) An analysis of the disciplinary procedures and
actions of the Department.
(D) Suggestions for improving the disciplinary
procedures and actions of the Department.
(E) Such other matters as the Secretary considers
appropriate.
(3) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Appropriations and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Appropriations and the
Committee on Veterans' Affairs of the House of
Representatives.
Subtitle D--Other Personnel and Accountability Matters
SEC. 131. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER
TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by subtitles A, B, and C, is further amended by inserting after
section 718, as added by section 124, the following new section:
``Sec. 719. Written opinion on certain employment restrictions after
terminating employment with the Department
``(a) In General.--Before terminating employment with the
Department, any official of the Department who has participated
personally and substantially during the one-year period ending on the
date of the termination in an acquisition by the Department that
exceeds $10,000,000 shall obtain a written opinion from an appropriate
ethics counselor at the Department regarding any restrictions on
activities that the official may undertake on behalf of a covered
contractor during the two-year period beginning on the date on which
the official terminates such employment.
``(b) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 718, as added by section 124, the following new
item:
``719. Written opinion on certain employment restrictions after leaving
the Department.''.
SEC. 132. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING
CERTAIN RECENTLY SEPARATED DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Requirement for contractors employing certain recently
separated Department employees
``(a) In General.--A covered contractor may not knowingly provide
compensation to an individual described in subsection (b) during the
two-year period beginning on the date on which the individual
terminates employment with the Department unless the covered contractor
determines that the individual--
``(1) has obtained the written opinion required under
section 719(a) of this title; or
``(2) has requested such written opinion not later than 30
days before receiving compensation from the covered contractor.
``(b) Individual Described.--An individual described in this
subsection is any official of the Department who participated
personally and substantially during the one-year period ending on the
date of the termination of the individual's employment with the
Department in an acquisition by the Department that exceeds
$10,000,000.
``(c) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Application.--The requirement under section 8129(a) of title
38, United States Code, as added by subsection (a), shall apply with
respect to any entity that enters into a contract with the Department
on or after the date of the enactment of this title.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 8128 the following new item:
``8129. Requirement for contractors employing certain recently
separated Department employees.''.
SEC. 133. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF INTERNAL AUDITS.
(a) In General.--Subchapter II of chapter 5 of title 38, United
States Code, is amended by inserting after section 527 the following
new section:
``Sec. 527A. Program of internal audits
``(a) Program Required.--(1) The Secretary shall carry out a
program of internal audits and self-analysis to improve the furnishing
of benefits and health care to veterans and their families.
``(2) The Secretary shall carry out the program required by
paragraph (1) through an office the Secretary shall establish for
purposes of the program within the office of the Secretary that is
interdisciplinary and independent of--
``(A) the other offices within the office of the Secretary;
and
``(B) the covered administrations (or functions of such
administrations), staff organizations, and staff offices
identified under subsection (b)(1)(A).
``(b) Program Requirements.--(1) In carrying out the program
required by subsection (a), the Secretary shall--
``(A) conduct periodic risk assessments of the Department
to identify those covered administrations (or functions of such
administrations), staff organizations, and staff offices of the
Department the audit of which would lead towards the greatest
improvement in the furnishing of benefits and health care to
veterans and their families;
``(B) develop plans that are informed by the risk
assessments conducted under paragraph (1) to conduct internal
audits of the covered administrations (or functions of such
administrations), staff organizations, and staff offices
identified under subparagraph (A); and
``(C) conduct internal audits in accordance with the plans
developed pursuant to subparagraph (B).
``(2) The Secretary shall carry out under the program required by
subsection (a) an audit of not fewer than five covered administrations
(or functions of such administrations), staff organizations, or staff
offices of the Department each year.
``(3) In identifying covered administrations (or functions of such
administrations), staff organizations, and staff offices of the
Department under paragraph (1)(A), the Secretary shall accord priority
to the covered administrations and functions of such administrations.
``(4)(A) For purposes of this subsection, the covered
administrations of the Department are the following:
``(i) The National Cemetery Administration.
``(ii) The Veterans Benefits Administration.
``(iii) The Veterans Health Administration.
``(B) For purposes of this subsection, the covered staff
organizations of the Department are the following:
``(i) The Office of Acquisition, Logistics, and
Construction.
``(ii) The Advisory Committee Management Office.
``(iii) The Board of Veterans' Appeals.
``(iv) The Center for Faith-Based and Neighborhood
Partnerships.
``(v) The Center for Minority Veterans.
``(vi) The Center for Women Veterans.
``(vii) The Office of General Counsel.
``(viii) The Office of Regulation Policy and Management.
``(ix) The Office of Employment Discrimination Complaint
Adjudication.
``(x) The Office of Interagency Care and Benefits
Coordination.
``(xi) The Office of Small and Disadvantaged Business
Utilization.
``(xii) The Office of Survivors Assistance.
``(xiii) The Veterans' Service Organizations Liaison.
``(xiv) The Office of Patient Advocacy.
``(xv) The Office of Accountability and Whistleblower
Protection.
``(C) For purposes of this subsection, the covered staff offices of
the Department are the following:
``(i) The office of the Assistant Secretary for
Congressional and Legislative Affairs.
``(ii) The office of the Assistant Secretary for Human
Resources and Administration.
``(iii) The office of the Assistant Secretary for
Information and Technology.
``(iv) The Office of Management.
``(v) The office of the Assistant Secretary for Operations,
Security, and Preparedness.
``(vi) The office of the Assistant Secretary for Policy and
Planning.
``(vii) The office of the Assistant Secretary for Public
and Intergovernmental Affairs.
``(c) Reports.--(1)(A) Not later than 90 days after completing an
audit under the program required by subsection (a), the Secretary shall
submit to the appropriate committees of Congress a report on the audit.
``(B) Each report submitted under subparagraph (A) with respect to
an audit shall include the following:
``(i) A summary of the audit.
``(ii) The findings of the Secretary with respect to the
audit.
``(iii) Such recommendations as the Secretary may have for
legislative or administrative action to improve the furnishing
of benefits and health care to veterans and their families.
``(iv) Plans to carry out the recommendations submitted
under clause (iii), including timelines for completion of such
plans.
``(2)(A) Not later than September 1 of each year, the Secretary
shall submit to the appropriate committees of Congress a report on the
administration of this section.
``(B) Each report submitted under subparagraph (A) shall include
the following:
``(i) A detailed description of each matter for which a
recommendation was submitted under clause (iii) of paragraph
(1)(B) and with respect to which plans that were submitted
under clause (iv) of such paragraph have not been completed.
``(ii) A plan for the conduct of audits under this section
during the first fiscal year beginning after the fiscal year in
which the report is submitted, which shall include the
following:
``(I) A description of any risk assessments the
Secretary plans to conduct in such fiscal year.
``(II) A summary of each audit the Secretary plans
to conduct in such fiscal year, including a description
of the subject matter of the audit and identification
of the administration, office, or function to be
audited.
``(3) In this subsection, the term `appropriate committees of
Congress' includes--
``(A) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on Oversight and Government
Reform of the House of Representatives.''.
(b) First Risk Assessment.--The Secretary of Veterans Affairs shall
complete the first risk assessment required by section 527A(b)(1)(A) of
such title, as added by subsection (a), by not later than 180 days
after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 527 the following new item:
``527A. Program of internal audits.''.
TITLE II--HEALTH CARE MATTERS
SEC. 200. SHORT TITLE.
This title may be cited as the ``Jason Simcakoski Memorial Act''.
Subtitle A--Expansion and Improvement of Health Care Benefits
SEC. 201. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR VETERANS.
(a) Inclusion of Recommended Adult Immunizations as Medical
Services.--
(1) Covered benefit.--Subparagraph (F) of section 1701(9)
of title 38, United States Code, is amended to read as follows:
``(F) immunizations against infectious diseases,
including each immunization on the recommended adult
immunization schedule at the time such immunization is
indicated on that schedule;''.
(2) Recommended adult immunization schedule defined.--
Section 1701 of such title is amended by adding at the end the
following new paragraph:
``(10) The term `recommended adult immunization schedule'
means the schedule established (and periodically reviewed and,
as appropriate, revised) by the Advisory Committee on
Immunization Practices established by the Secretary of Health
and Human Services and delegated to the Centers for Disease
Control and Prevention.''.
(b) Inclusion of Recommended Adult Immunizations in Annual
Report.--Section 1704(1)(A) of such title is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) to provide veterans each
immunization on the recommended adult
immunization schedule at the time such
immunization is indicated on that schedule.''.
(c) Report to Congress.--
(1) In general.--Not later than two years 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 development and implementation
by the Department of Veterans Affairs of quality measures and
metrics, including targets for compliance, to ensure that
veterans receiving medical services under chapter 17 of title
38, United States Code, receive each immunization on the
recommended adult immunization schedule at the time such
immunization is indicated on that schedule.
(2) Recommended adult immunization schedule defined.--In
this subsection, the term ``recommended adult immunization
schedule'' has the meaning given that term in section 1701(10)
of title 38, United States Code, as added by subsection (a)(2).
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require a veteran
to receive an immunization that the veteran does not want to receive.
SEC. 202. EXPANSION OF PROVISION OF CHIROPRACTIC CARE AND SERVICES TO
VETERANS.
(a) Program for Provision of Chiropractic Care and Services to
Veterans.--Section 204(c) of the Department of Veterans Affairs Health
Care Programs Enhancement Act of 2001 (Public Law 107-135; 115 Stat.
2459; 38 U.S.C. 1710 note) is amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) The program shall be carried out at not fewer than two
medical centers or clinics in each Veterans Integrated Service Network
by not later than two years after the date of the enactment of the
Jason Simcakoski Memorial Act, and at not fewer than 50 percent of all
medical centers in each Veterans Integrated Service Network by not
later than three years after such date of enactment.''.
(b) Expanded Chiropractor Services Available to Veterans.--
(1) Medical services.--Paragraph (6) of section 1701 of
title 38, United States Code, is amended by adding at the end
the following new subparagraph:
``(H) Chiropractic services.''.
(2) Rehabilitative services.--Paragraph (8) of such section
is amended by inserting ``chiropractic,'' after
``counseling,''.
(3) Preventive health services.--Paragraph (9) of such
section is amended--
(A) by redesignating subparagraphs (F) through (K)
as subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the
following new subparagraph (F):
``(F) periodic and preventive chiropractic
examinations and services;''.
SEC. 203. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH CARE SYSTEM
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Enrollment Priority.--
(1) In general.--Section 1705(a) of title 38, United States
Code, is amended--
(A) in paragraph (1), by striking the period at the
end and inserting the following: ``and veterans who
were awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title
14.''; and
(B) in paragraph (3), by striking ``veterans who
were awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title
14,''.
(2) Application.--The priority of enrollment of medal of
honor recipients in the system of annual patient enrollment
established and operated under section 1705(a) of such title,
as amended by paragraph (1), shall apply to each such
recipient, regardless of the date on which the medal is
awarded.
(b) Eligibility.--Section 1710(a)(2)(D) of such title is amended by
inserting after ``war'' the following: ``, who was awarded the medal of
honor under section 3741, 6241, or 8741 of title 10 or section 491 of
title 14,''.
(c) Extended Care Services.--Section 1710B(c)(2) of such title is
amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
(d) Copayment for Medications.--Section 1722A(a)(3) of such title
is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
Subtitle B--Mental Health Care
SEC. 211. VETERANS EXPEDITED RECOVERY COMMISSION.
(a) Establishment.--There is established the Veterans Expedited
Recovery Commission (in this section referred to as the
``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the efficacy of the evidence-based therapy
model used by the Department of Veterans Affairs for treating
mental health conditions of veterans and identify areas to
improve wellness-based outcomes.
(2) Conduct a patient-centered survey within each of the
Veterans Integrated Service Networks to examine--
(A) the experience of veterans with the Department
when seeking medical assistance for mental health
conditions through the health care system of the
Department;
(B) the experience of veterans with non-Department
medical facilities and health professionals for
treating mental health conditions;
(C) the preferences of veterans regarding available
treatments for mental health conditions and which
methods the veterans believe to be most effective;
(D) the experience, if any, of veterans with
respect to the complementary and integrative health
services described in subparagraphs (A) through (I) of
paragraph (3);
(E) the prevalence of prescribing prescription
medication among veterans seeking treatment through the
health care system of the Department as remedies for
addressing mental health conditions; and
(F) the outreach efforts of the Secretary of
Veterans Affairs regarding the availability of benefits
and treatments for veterans for addressing mental
health conditions, including by identifying ways to
reduce barriers to and gaps in such benefits and
treatments.
(3) Examine available research on complementary and
integrative health services for mental health conditions and
identify what benefits could be made with the inclusion of such
treatments for veterans, including with respect to--
(A) music therapy;
(B) equine therapy;
(C) training and caring for service dogs;
(D) yoga therapy;
(E) acupuncture therapy;
(F) meditation therapy;
(G) outdoor sports therapy;
(H) hyperbaric oxygen therapy; and
(I) such other therapies as the Commission
determines appropriate.
(4) Study the potential increase of claims relating to
mental health conditions submitted to the Secretary by veterans
who served in Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn, including an assessment of the
resources available within the Department to ensure that
quality health care demands relating to such claims can be
delivered in a timely manner.
(c) Membership.--
(1) Number and appointment.--
(A) In general.--The Commission shall be composed
of 10 members, appointed as follows:
(i) Two members appointed by the Speaker of
the House of Representatives, at least one of
whom shall be a veteran.
(ii) Two members appointed by the Minority
Leader of the House of Representatives, at
least one of whom shall be a veteran.
(iii) Two members appointed by the Majority
Leader of the Senate, at least one of whom
shall be a veteran.
(iv) Two members appointed by the Minority
Leader of the Senate, at least one of whom
shall be a veteran.
(v) Two members appointed by the President,
at least one of whom shall be a veteran.
(B) Qualifications.--Members of the Commission
shall be individuals who--
(i) are of recognized standing and
distinction within the medical community with a
background in treating mental health;
(ii) have experience working with the
military and veteran population; and
(iii) do not have a financial interest in
any of the complementary and integrative health
services reviewed by the Commission.
(2) Chair.--The President shall designate a member of the
Commission to be the Chair.
(3) Period of appointment.--Members of the Commission shall
be appointed for the life of the Commission.
(4) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Appointment deadline.--The appointment of members of
the Commission in this section shall be made not later than 90
days after the date of the enactment of this Act.
(d) Powers of Commission.--
(1) Meeting.--
(A) Initial meeting.--The Commission shall hold its
first meeting not later than 30 days after a majority
of members are appointed to the Commission.
(B) Meeting.--The Commission shall regularly meet
at the call of the Chair. Such meetings may be carried
out through the use of telephonic or other appropriate
telecommunication technology if the Commission
determines that such technology will allow the members
to communicate simultaneously.
(2) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out the responsibilities of the Commission.
(3) Information from federal agencies.--The Commission may
secure directly from any Federal agency such information as the
Commission considers necessary to carry out the duties of the
Commission under subsection (b).
(4) Information from nongovernmental organizations.--In
carrying out the duties of the Commission under subsection (b),
the Commission may seek guidance through consultation with
foundations, veterans service organizations, nonprofit groups,
faith-based organizations, private and public institutions of
higher education, and such other organizations as the
Commission determines appropriate.
(5) Commission records.--The Commission shall keep an
accurate and complete record of the actions and meetings of the
Commission. Such record shall be made available for public
inspection and the Comptroller General of the United States may
audit and examine such record.
(6) Personnel matters.--Upon request of the Chair of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, any personnel of that agency to assist the
Commission in carrying out the duties of the Commission.
(7) Compensation of members; travel expenses.--Each member
shall serve without pay, except that each member shall receive
travel expenses to perform the duties of the Commission under
subsection (b), including per diem in lieu of subsistence, at
rates authorized under subchapter I of chapter 57 of title 5,
United States Code.
(8) Staff.--The Chair, in accordance with rules agreed upon
by the Commission, may appoint and fix the compensation of a
staff director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service or chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of the rate payable for a position at level IV of
the Executive Schedule under section 5315 of such title.
(9) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission are employees under section
2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such
title.
(B) Members of the commission.--Subparagraph (A)
shall not be construed to apply to members of the
Commission.
(10) Contracting.--The Commission may, to such extent and
in such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge the duties
of the Commission under this section.
(11) Expert and consultant services.--The Commission may
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, at rates not
to exceed the daily rate paid to a person occupying a position
at level IV of the Executive Schedule under section 5315 of
such title.
(12) Postal service.--The Commission may use the United
States mails in the same manner and under the same conditions
as a Federal agency.
(13) Physical facilities and equipment.--Upon the request
of the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section. These
administrative services may include human resource management,
budget, leasing, accounting, and payroll services.
(e) Reports.--
(1) Interim reports.--
(A) Cooperation by heads of federal agencies.--Not
later than 60 days after the date on which the
Commission first meets, and not less frequently than
once during each 30-day period thereafter ending on the
date on which the Commission submits the final report
under paragraph (2), the Commission shall submit to the
Committee on Veterans' Affairs of the Senate, the
Committee on Veterans' Affairs of the House of
Representatives, and the President a report detailing
the level of cooperation the Secretary of Veterans
Affairs (and the heads of other Federal agencies) has
provided to the Commission.
(B) Other reports.--In carrying out the duties of
the Commission under subsection (b), at times that the
Commission determines appropriate, the Commission shall
submit to the Committee on Veterans' Affairs of the
Senate, the Committee on Veterans' Affairs of the House
of Representatives, and such other entities as the
Commission determines appropriate an interim report
with respect to the findings identified by the
Commission.
(2) Final report.--
(A) In general.--Not later than 18 months after the
date on which the Commission first meets, the
Commission shall submit to the Committee on Veterans'
Affairs of the Senate, the Committee on Veterans'
Affairs of the House of Representatives, the President,
and the Secretary of Veterans Affairs a final report on
the findings of the Commission.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) Recommendations to implement in a
feasible, timely, and cost-effective manner any
solutions and remedies identified by the
Commission in carrying out the duties of the
Commission under subsection (b).
(ii) An analysis of the evidence-based
therapy model used by the Secretary for
treating veterans with mental health conditions
and an examination of the prevalence and
efficacy of prescription drugs as a means of
treatment.
(iii) The findings of the patient-centered
survey conducted within each of the Veterans
Integrated Service Networks under subsection
(b)(2).
(iv) An examination of the complementary
and integrative health services described in
subsection (b)(3) and the potential benefits of
incorporating such services in the therapy
model used by the Secretary for treating
veterans with mental health conditions.
(3) Plan.--Not later than 90 days after the date on which
the Commission submits the final report under paragraph (2),
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 following:
(A) An action plan for implementing the
recommendations set forth by the Commission in such
report regarding solutions and remedies for improving
wellness-based outcomes for veterans with mental health
conditions.
(B) A feasible timeframe on when complementary and
integrative health services described in subsection
(b)(3) can be implemented throughout the Department.
(C) With respect to each recommendation set forth
by the Commission, including regarding any
complementary and integrative health service, that the
Secretary determines is not appropriate or feasible to
implement, a justification for each such determination
and an alternative solution to improve the efficacy of
the therapy model used by the Secretary for treating
veterans with mental health conditions.
(f) Termination of Commission.--The Commission shall terminate 30
days after the Commission submits the final report under subsection
(e)(2).
(g) Complementary and Integrative Health Defined.--In this section,
the term ``complementary and integrative health'' has the meaning given
that term or any subsequent similar term by the National Institutes of
Health.
SEC. 212. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED IN CLASSIFIED
MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that veterans
who experience combat-related mental health wounds should have
immediate, appropriate, and consistent access to comprehensive mental
health care.
(b) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720H. Mental health treatment for veterans who served in
classified missions
``(a) Establishment of Standards.--(1) The Secretary shall
establish standards and procedures to ensure that each eligible veteran
may access mental health care furnished by the Secretary in a manner
that fully accommodates the obligation of the veteran to not improperly
disclose classified information.
``(2) In establishing standards and procedures under paragraph (1),
the Secretary shall consult with the Secretary of Defense to ensure
that such standards and procedures are consistent with the policies on
classified information of the Department of Defense.
``(3) The Secretary shall disseminate guidance to employees of the
Veterans Health Administration, including mental health professionals,
on the standards and procedures established under paragraph (1) and how
to best engage eligible veterans during the course of mental health
treatment with respect to classified information.
``(b) Identification.--In carrying out this section, the Secretary
shall ensure that a veteran may elect to identify as an eligible
veteran on an appropriate form.
``(c) Definitions.--In this section:
``(1) The term `classified information' means any
information or material that has been determined by an official
of the United States pursuant to law to require protection
against unauthorized disclosure for reasons of national
security.
``(2) The term `eligible veteran' means a veteran who--
``(A) is enrolled in the system of annual patient
enrollment established and operated under section
1705(a) of this title;
``(B) is seeking mental health treatment; and
``(C) in the course of serving in the Armed Forces,
participated in a sensitive mission or served in a
sensitive unit.
``(3) The term `sensitive mission' means a mission of the
Armed Forces that, at the time at which a eligible veteran
seeks treatment, is classified.
``(4) The term `sensitive unit' has the meaning given that
term in section 130b(c)(4) of title 10.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1720G the following new item:
``1720H. Mental health treatment for veterans who served in classified
missions.''.
SEC. 213. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN EDUCATION AND
TRAINING PROGRAM FOR HEALTH PERSONNEL OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--In carrying out the program of education and
training required under section 7302(a)(1) of title 38, United States
Code, the Secretary of Veterans Affairs shall include education and
training of marriage and family therapists and licensed professional
mental health counselors.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 214. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL HEALTH
COUNSELORS OF THE DEPARTMENT OF VETERANS AFFAIRS TO
INCLUDE DOCTORAL DEGREES.
Section 7402(b)(11)(A) of title 38, United States Code, is amended
by inserting ``or doctoral degree'' after ``master's degree''.
Subtitle C--Improvement of Medical Workforce
SEC. 221. MODIFICATION OF HOURS OF EMPLOYMENT FOR PHYSICIANS AND
PHYSICIAN ASSISTANTS EMPLOYED BY THE DEPARTMENT OF
VETERANS AFFAIRS.
Section 7423(a) of title 38, United States Code, is amended--
(1) by striking ``(a) The hours'' and inserting ``(a)(1)
Except as provided in paragraph (2), the hours''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may modify the hours of employment for a
physician or physician assistant appointed in the Administration under
any provision of this chapter on a full-time basis to be more than or
less than 80 hours in a biweekly pay period if the total hours of
employment for such employee in a calendar year does not exceed 2,080
hours.''.
SEC. 222. REQUIREMENT THAT PHYSICIAN ASSISTANTS EMPLOYED BY THE
DEPARTMENT OF VETERANS AFFAIRS RECEIVE COMPETITIVE PAY.
(a) In General.--Section 7451(a)(2) of title 38, United States
Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) Physician assistant.''; and
(3) in subparagraph (C), as redesignated by paragraph (1),
by striking ``and registered nurse'' and inserting ``registered
nurse, and physician assistant''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 223. EXTENSION OF PERIOD FOR INCREASE IN GRADUATE MEDICAL
EDUCATION RESIDENCY POSITIONS AT MEDICAL FACILITIES OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraph (2) of section 301(b) of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 7302 note) is amended--
(1) in the paragraph heading, by striking ``Five-year'' and
inserting ``Ten-year''; and
(2) in subparagraph (A), by striking ``5-year period'' and
inserting ``10-year period''.
(b) Report.--Paragraph (3)(A) of such section is amended by
striking ``until 2019'' and inserting ``until 2024''.
SEC. 224. ADDITIONAL REQUIREMENTS FOR HIRING OF HEALTH CARE PROVIDERS
BY DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall, as part
of the hiring process for each health care provider considered for a
position at the Department of Veterans Affairs after the date specified
in subsection (c), require from the medical board of each State in
which the health care provider holds or has held a medical license--
(1) information on any violation of the requirements of the
medical license of the health care provider; and
(2) information on whether the health care provider has
entered into any settlement agreement for a disciplinary charge
relating to the practice of medicine by the health care
provider.
(b) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
(c) Date Specified.--
(1) In general.--The date specified in this subsection is
the date on which the Secretary prescribes regulations to carry
out this section.
(2) Publication.--The Secretary shall publish in the
Federal Register the date specified in this subsection not
later than 30 days before such date.
SEC. 225. PROVISION OF INFORMATION ON HEALTH CARE PROVIDERS OF
DEPARTMENT OF VETERANS AFFAIRS TO STATE MEDICAL BOARDS.
(a) In General.--Notwithstanding section 552a of title 5, United
States Code, the Secretary of Veterans Affairs shall, with respect to
each health care provider of the Department of Veterans Affairs that
violates a requirement of the medical license of the health care
provider after the date of the enactment of this Act, provide to the
medical board of each State in which the health care provider is
licensed or practices all relevant information contained in the State
Licensing Board Reporting File or any successor file of the Department
with respect to such violation.
(b) No Request Required.--The Secretary shall provide the
information required in subsection (a) to a medical board described in
such subsection notwithstanding that such board may not have formally
requested such information from the Department.
SEC. 226. REPORT ON MEDICAL WORKFORCE OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 120 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
medical workforce of the Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) With respect to licensed professional mental health
counselors and marriage and family therapists of the
Department--
(A) how many such counselors and therapists are
currently enrolled in the mental health professionals
trainee program of the Department;
(B) how many such counselors and therapists are
expected to enroll in the mental health professionals
trainee program of the Department during the 180-day
period beginning on the date of the submittal of the
report;
(C) a description of the eligibility criteria for
such counselors and therapists as compared to other
behavioral health professions in the Department;
(D) a description of the objectives, goals, and
timing of the Department with respect to increasing the
representation of such counselors and therapists in the
behavioral health workforce of the Department; and
(E) a description of the actions taken by the
Secretary, in consultation with the Director of the
Office of Personnel Management, to create an
occupational series for such counselors and therapists
and a timeline for the creation of such an occupational
series.
(2) A breakdown of spending by the Department in connection
with the education debt reduction program of the Department
under subchapter VII of chapter 76 of title 38, United States
Code, including--
(A) the amount spent by the Department in debt
reduction payments during the three-year period
preceding the submittal of the report disaggregated by
the medical profession of the individual receiving the
payments;
(B) a description of how the Department prioritizes
such spending by medical profession, including an
assessment of whether such priority reflects the five
occupations identified in the most recent determination
by the Inspector General of the Department of Veterans
Affairs as having the largest staffing shortages in the
Veterans Health Administration; and
(C) a description of the actions taken by the
Secretary to increase the effectiveness of such
spending for purposes of recruitment of health care
providers to the Department, including efforts to more
consistently include eligibility for the education debt
reduction program in vacancy announcements of positions
for health care providers at the Department.
(3) A description of any impediments to the delivery by the
Department of telemedicine services to veterans and any actions
taken by the Department to address such impediments, including
with respect to--
(A) restrictions under Federal or State law;
(B) licensing or credentialing issues for health
care providers, including non-Department health care
providers, practicing telemedicine with a veteran
located in a different State;
(C) the effect of limited broadband access or
limited information technology capabilities on the
delivery of health care;
(D) the distance a veteran is required to travel,
if the veteran is required to travel, to access a
facility or clinic with telemedicine capabilities;
(E) the effect on the provision of telemedicine
services to veterans of policies of and limited
liability protection for certain entities; and
(F) issues relating to reimbursement and travel
limitations for veterans that affect the participation
of non-Department health care providers in the
telemedicine program.
(4) An update on the efforts of the Secretary to offer
training opportunities in telemedicine to medical residents in
medical facilities of the Department that use telemedicine,
consistent with medical residency program requirements
established by the Accreditation Council for Graduate Medical
Education, as required in section 108(b) of the Honoring
America's Veterans and Caring for Camp Lejeune Families Act of
2012 (Public Law 112-154; 38 U.S.C. 7406 note).
(5) An assessment of the development and implementation by
the Secretary of succession planning policies to address the
prevalence of vacancies in positions in the Veterans Health
Administration of more than 180 days, including the development
of an enterprise position management system to more effectively
identify, track, and resolve such vacancies.
(6) A description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to address any impediments to the timely
appointment and determination of qualifications for Directors
of Veterans Integrated Service Networks and Medical Center
Directors of the Department.
SEC. 227. 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 or leaves the Department 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 D--Family Caregivers
SEC. 231. EXPANSION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Family Caregiver Program.--
(1) Expansion of eligibility.--
(A) In general.--Subsection (a)(2)(B) of section
1720G of title 38, United States Code, is amended to
read as follows:
``(B) for assistance provided under this subsection--
``(i) before the date on which the Secretary
submits to Congress a certification that the Department
has fully implemented the information technology system
required by section 232(a) of the Jason Simcakoski
Memorial Act, has a serious injury (including traumatic
brain injury, psychological trauma, or other mental
disorder) incurred or aggravated in the line of duty in
the active military, naval, or air service on or after
September 11, 2001;
``(ii) during the two-year period beginning on the
date specified in clause (i), has a serious injury
(including traumatic brain injury, psychological
trauma, or other mental disorder) incurred or
aggravated in the line of duty in the active military,
naval, or air service--
``(I) on or before May 7, 1975; or
``(II) on or after September 11, 2001; or
``(iii) after the date that is two years after the
date specified in clause (i), has a serious injury
(including traumatic brain injury, psychological
trauma, or other mental disorder) incurred or
aggravated in the line of duty in the active military,
naval, or air service; and''.
(B) Publication in federal register.--Not later
than 30 days after the date on which the Secretary of
Veterans Affairs submits to Congress the certification
described in subsection (a)(2)(B)(i) of section 1720G
of such title, as amended by subparagraph (A) of this
paragraph, the Secretary shall publish the date
specified in such subsection in the Federal Register.
(2) Expansion of needed services in eligibility criteria.--
Subsection (a)(2)(C) of such section is amended--
(A) in clause (ii), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following
new clause (iii):
``(iii) a need for regular or extensive instruction
or supervision without which the ability of the veteran
to function in daily life would be seriously impaired;
or''.
(3) Expansion of services provided.--Subsection
(a)(3)(A)(ii) of such section is amended--
(A) in subclause (IV), by striking ``; and'' and
inserting a semicolon;
(B) in subclause (V), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(VI) through the use of contracts with, or the
provision of grants to, public or private entities--
``(aa) financial planning services relating
to the needs of injured veterans and their
caregivers; and
``(bb) legal services, including legal
advice and consultation, relating to the needs
of injured veterans and their caregivers.''.
(4) Modification of stipend calculation.--Subsection
(a)(3)(C) of such section is amended--
(A) by redesignating clause (iii) as clause (iv);
and
(B) by inserting after clause (ii) the following
new clause (iii):
``(iii) In determining the amount and degree of personal care
services provided under clause (i) with respect to an eligible veteran
whose need for personal care services is based in whole or in part on a
need for supervision or protection under paragraph (2)(C)(ii) or
regular or extensive instruction or supervision under paragraph
(2)(C)(iii), the Secretary shall take into account the following:
``(I) The assessment by the family caregiver of the needs
and limitations of the veteran.
``(II) The extent to which the veteran can function safely
and independently in the absence of such supervision,
protection, or instruction.
``(III) The amount of time required for the family
caregiver to provide such supervision, protection, or
instruction to the veteran.''.
(5) Periodic evaluation of need for certain services.--
Subsection (a)(3) of such section is amended by adding at the
end the following new subparagraph:
``(D) In providing instruction, preparation, and training under
subparagraph (A)(i)(I) and technical support under subparagraph
(A)(i)(II) to each family caregiver who is approved as a provider of
personal care services for an eligible veteran under paragraph (6), the
Secretary shall periodically evaluate the needs of the eligible veteran
and the skills of the family caregiver of such veteran to determine if
additional instruction, preparation, training, or technical support
under those subparagraphs is necessary.''.
(6) Use of primary care teams.--Subsection (a)(5) of such
section is amended, in the matter preceding subparagraph (A),
by inserting ``(in collaboration with the primary care team for
the eligible veteran to the maximum extent practicable)'' after
``evaluate''.
(7) Assistance for family caregivers.--Subsection (a) of
such section is amended by adding at the end the following new
paragraph:
``(11)(A) In providing assistance under this subsection to family
caregivers of eligible veterans, the Secretary may enter into
contracts, provider agreements, and memoranda of understanding with
Federal agencies, States, and private, nonprofit, and other entities to
provide such assistance to such family caregivers.
``(B) The Secretary may provide assistance under this paragraph
only if such assistance is reasonably accessible to the family
caregiver and is substantially equivalent or better in quality to
similar services provided by the Department.
``(C) The Secretary may provide fair compensation to Federal
agencies, States, and other entities that provide assistance under this
paragraph.''.
(b) Modification of Definition of Personal Care Services.--
Subsection (d)(4) of such section is amended--
(1) in subparagraph (A), by striking ``independent'';
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Supervision or protection based on symptoms
or residuals of neurological or other impairment or
injury.
``(C) Regular or extensive instruction or
supervision without which the ability of the veteran to
function in daily life would be seriously impaired.''.
SEC. 232. IMPLEMENTATION OF INFORMATION TECHNOLOGY SYSTEM OF DEPARTMENT
OF VETERANS AFFAIRS TO ASSESS AND IMPROVE THE FAMILY
CAREGIVER PROGRAM.
(a) Implementation of New System.--
(1) In general.--Not later than December 31, 2016, 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 that will
allow all aspects of the Program (at the medical center
and aggregate levels) and the workload trends for the
Program to be assessed and comprehensively monitored.
(B) The ability to manage data with respect to a
number of caregivers that is more than the number of
caregivers that the Secretary expects to apply for the
Program.
(C) The ability to integrate the system with other
relevant information technology systems of the Veterans
Health Administration.
(b) Assessment of Program.--Not later than 180 days after
implementing the system described in subsection (a), the Secretary
shall, through the Under Secretary for Health, use data from the system
and other relevant data to conduct an assessment of how key aspects of
the Program are structured and carried out.
(c) 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 by caregivers participating in the
Program of other support services under the Program
such as respite care.
(2) Modifications.--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.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate, the Committee on Veterans' Affairs of the House
of Representatives, and the Comptroller General of the
United States a report that includes--
(i) the status of the planning,
development, and deployment of the system
required to be implemented under subsection
(a), including any changes in the timeline for
the implementation of the system; and
(ii) an assessment of the needs of family
caregivers of veterans described in
subparagraph (B), the resources needed for the
inclusion of such family caregivers in the
Program, and such changes to the Program as the
Secretary considers necessary to ensure the
successful expansion of the Program to include
such family caregivers.
(B) Veterans described.--Veterans described in this
subparagraph are veterans who are eligible for the
Program under clause (ii) or (iii) of section
1720G(a)(2)(B) of title 38, United States Code, as
amended by section 231(a)(1) of this Act, solely due to
a serious injury (including traumatic brain injury,
psychological trauma, or other mental disorder)
incurred or aggravated in the line of duty in the
active military, naval, or air service before September
11, 2001.
(2) Notification by comptroller general.--The Comptroller
General shall review the report submitted under paragraph (1)
and notify the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives with respect to the progress of the Secretary
in--
(A) fully implementing the system required under
subsection (a); and
(B) implementing a process for using such system to
monitor and assess the Program under subsection (c)(1)
and modify the Program as considered necessary under
subsection (c)(2).
(3) Final report.--
(A) In general.--Not later than December 31, 2017,
the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate, the Committee on
Veterans' Affairs of the House of Representatives, and
the Comptroller General a report on the implementation
of subsections (a) through (c).
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) A certification by the Secretary with
respect to whether the information technology
system described in subsection (a) has been
implemented.
(ii) A description of how the Secretary has
implemented such system.
(iii) A description of the modifications to
the Program, if any, that were identified and
implemented under subsection (c)(2).
(iv) A description of how the Secretary is
using such system to monitor the workload of
the Program.
(e) Definitions.--In this section:
(1) Active military, naval, or air service.--The term
``active military, naval, or air service'' has the meaning
given that term in section 101 of title 38, United States Code.
(2) Program.--The term ``Program'' means the program of
comprehensive assistance for family caregivers under section
1720G(a) of title 38, United States Code, as amended by section
231 of this Act.
SEC. 233. MODIFICATIONS TO ANNUAL EVALUATION REPORT ON CAREGIVER
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Barriers to Care and Services.--Subparagraph (A)(iv) of section
101(c)(2) of the Caregivers and Veterans Omnibus Health Services Act of
2010 (Public Law 111-163; 38 U.S.C. 1720G note) is amended by inserting
``, including a description of any barriers to accessing and receiving
care and services under such programs'' before the semicolon.
(b) Sufficiency of Training for Family Caregiver Program.--
Subparagraph (B) of such section is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) an evaluation of the sufficiency
and consistency of the training provided to
family caregivers under such program in
preparing family caregivers to provide care to
veterans under such program.''.
SEC. 234. ADVISORY COMMITTEE ON CAREGIVER POLICY.
(a) Establishment.--There is established in the Department of
Veterans Affairs an advisory committee on policies relating to
caregivers of veterans (in this section referred to as the
``Committee'').
(b) Composition.--The Committee shall be composed of the following:
(1) A Chair selected by the Secretary of Veterans Affairs.
(2) A representative from each of the following agencies or
organizations selected by the head of such agency or
organization:
(A) The Department of Veterans Affairs.
(B) The Department of Defense.
(C) The Department of Health and Human Services.
(D) The Department of Labor.
(E) The Centers for Medicare and Medicaid Services.
(3) Not fewer than seven individuals who are not employees
of the Federal Government selected by the Secretary from among
the following individuals:
(A) Academic experts in fields relating to
caregivers.
(B) Clinicians.
(C) Caregivers.
(D) Individuals in receipt of caregiver services.
(E) Such other individuals with expertise that is
relevant to the duties of the Committee as the
Secretary considers appropriate.
(c) Duties.--The duties of the Committee are as follows:
(1) To regularly review and recommend policies of the
Department of Veterans Affairs relating to caregivers of
veterans.
(2) To examine and advise the implementation of such
policies.
(3) To evaluate the effectiveness of such policies.
(4) To recommend standards of care for caregiver services
and respite care services provided to a caregiver or veteran by
a nonprofit or private sector entity.
(5) To develop recommendations for legislative or
administrative action to enhance the provision of services to
caregivers and veterans, including eliminating gaps in such
services and eliminating disparities in eligibility for such
services.
(6) To make recommendations on coordination with State and
local agencies and relevant nonprofit organizations on
maximizing the use and effectiveness of resources for
caregivers of veterans.
(d) Reports.--
(1) Annual report to secretary.--
(A) In general.--Not later than September 1, 2017,
and not less frequently than annually thereafter until
the termination date specified in subsection (e), the
Chair of the Committee shall submit to the Secretary a
report on policies and services of the Department of
Veterans Affairs relating to caregivers of veterans.
(B) Elements.--Each report required by subparagraph
(A) shall include the following:
(i) An assessment of the policies of the
Department relating to caregivers of veterans
and services provided pursuant to such policies
as of the date of the submittal of the report.
(ii) A description of any recommendations
made by the Committee to improve the
coordination of services for caregivers of
veterans between the Department and the
entities specified in subparagraphs (B) through
(E) of subsection (b)(2) and to eliminate
barriers to the effective use of such services,
including with respect to eligibility criteria.
(iii) An evaluation of the effectiveness of
the Department in providing services for
caregivers of veterans.
(iv) An evaluation of the quality and
sufficiency of services for caregivers of
veterans available from nongovernmental
organizations.
(v) A description of any gaps identified by
the Committee in care or services provided by
caregivers to veterans and recommendations for
legislative or administrative action to address
such gaps.
(vi) Such other matters or recommendations
as the Chair considers appropriate.
(2) Transmittal to congress.--Not later than 90 days after
the receipt of a report under paragraph (1), the Secretary
shall transmit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a copy of such report, together with such
comments and recommendations concerning such report as the
Secretary considers appropriate.
(e) Termination.--The Committee shall terminate on December 31,
2022.
SEC. 235. COMPREHENSIVE STUDY ON SERIOUSLY INJURED VETERANS AND THEIR
CAREGIVERS.
(a) Study Required.--During the period specified in subsection (d),
the Secretary of Veterans Affairs shall provide for the conduct by an
independent entity of a comprehensive study on the following:
(1) Veterans who have incurred a serious injury or illness,
including a mental health injury or illness.
(2) Individuals who are acting as caregivers for veterans.
(b) Elements.--The comprehensive study required by subsection (a)
shall include the following with respect to each veteran included in
such study:
(1) The health of the veteran and, if applicable, the
impact of the caregiver of such veteran on the health of such
veteran.
(2) The employment status of the veteran and, if
applicable, the impact of the caregiver of such veteran on the
employment status of such veteran.
(3) The financial status and needs of the veteran.
(4) The use by the veteran of benefits available to such
veteran from the Department of Veterans Affairs.
(5) Such other information as the Secretary considers
appropriate.
(c) Contract.--The Secretary shall enter into a contract with an
appropriate independent entity to conduct the study required by
subsection (a).
(d) Period Specified.--The period specified in this subsection is
the one-year period beginning on the date that is four years after the
date specified in section 1720G(a)(2)(B)(i) of title 38, United States
Code, as amended by section 231(a)(1) of this Act.
(e) Report.--Not later than 30 days after the end of the period
specified in subsection (d), 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
results of the study required by subsection (a).
Subtitle E--Health Care Administration
SEC. 241. REQUIREMENT THAT DEPARTMENT OF VETERANS AFFAIRS COLLECT
HEALTH-PLAN CONTRACT INFORMATION FROM VETERANS.
(a) In General.--Subchapter I of chapter 17 is amended by inserting
after section 1705 the following new section:
``Sec. 1705A. Management of health care: information regarding health-
plan contracts
``(a) In General.--(1) Any individual who seeks hospital care or
medical services under this chapter shall provide to the Secretary such
current information as the Secretary may require to identify any
health-plan contract under which such individual is covered.
``(2) The information required to be provided to the Secretary
under paragraph (1) with respect to a health-plan contract shall
include, as applicable, the following:
``(A) The name of the entity providing coverage under the
health-plan contract.
``(B) If coverage under the health-plan contract is in the
name of an individual other than the individual required to
provide information under this section, the name of the policy
holder of the health-plan contract.
``(C) The identification number for the health-plan
contract.
``(D) The group code for the health-plan contract.
``(b) Action To Collect Information.--The Secretary may take such
action as the Secretary considers appropriate to collect the
information required under subsection (a).
``(c) Effect on Services From Department.--The Secretary may not
deny any services under this chapter to an individual solely due to the
fact that the individual fails to provide information required under
subsection (a).
``(d) Health-plan Contract Defined.--In this section, the term
`health-plan contract' has the meaning given that term in section
1725(f) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1705 the following new item:
``1705A. Management of health care: information regarding health-plan
contracts.''.
SEC. 242. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR
VETERANS.
(a) Establishment or Expansion of Advanced Degree Programs To
Expand Availability of Care.--The Secretary of Veterans Affairs shall
work with institutions of higher education to develop partnerships for
the establishment or expansion of programs of advanced degrees in
prosthetics and orthotics in order to improve and enhance the
availability of high quality prosthetic and orthotic care for veterans.
(b) Report.--
(1) In general.--Not later than one year after the
effective date specified in subsection (d), 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 setting forth a plan for carrying out
subsection (a).
(2) Development of plan.--The Secretary shall develop the
plan required under paragraph (1) in consultation with veterans
service organizations, institutions of higher education with
accredited degree programs in prosthetics and orthotics, and
representatives of the prosthetics and orthotics field.
(c) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for fiscal year 2017 for the Department of
Veterans Affairs, $5,000,000 to carry out this section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2019.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 243. REVIVAL OF INTERMEDIATE CARE TECHNICIAN PILOT PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Revival.--The Secretary of Veterans Affairs shall revive the
Intermediate Care Technician Pilot Program of the Department of
Veterans Affairs that was carried out by the Secretary between January
2013 and February 2014.
(b) Technicians.--
(1) Selection.--The Secretary shall select not fewer than
72 intermediate care technicians to participate in the pilot
program.
(2) Facilities.--
(A) In general.--Any intermediate care technician
hired pursuant to paragraph (1) may be assigned to a
medical facility of the Department as determined by the
Secretary for purposes of this section.
(B) Priority.--In assigning intermediate care
technicians under subparagraph (A), the Secretary shall
give priority to facilities at which veterans have the
longest wait times for appointments for the receipt of
hospital care or medical services from the Department,
as determined by the Secretary for purposes of this
section.
(c) Termination.--The Secretary shall carry out the pilot program
under subsection (a) during the three-year period beginning on the
effective date specified in subsection (e).
(d) Definitions.--In this section, the terms ``hospital care'' and
``medical services'' have the meanings given those terms in section
1701 of title 38, United States Code.
(e) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 244. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM
SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS.
(a) In General.--In a case in which the Secretary of Veterans
Affairs hires a covered health care provider, the Secretary of Defense
shall, after receiving a request from the Secretary of Veterans Affairs
for the credentialing data of the Secretary of Defense relating to such
health care provider, transfer to the Secretary of Veterans Affairs
such credentialing data.
(b) Covered Health Care Providers.--For purposes of this section, a
covered provider is a health care provider who--
(1) is or was employed by the Secretary of Defense;
(2) provides or provided health care related services as
part of such employment; and
(3) was credentialed by the Secretary of Defense.
(c) Policies and Regulations.--The Secretary of Veterans Affairs
and the Secretary of Defense shall establish such policies and
prescribe such regulations as may be necessary to carry out this
section.
(d) Credentialing Defined.--In this section, the term
``credentialing'' means the systematic process of screening and
evaluating qualifications and other credentials, including licensure,
required education, relevant training and experience, and current
competence and health status.
(e) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 245. AUTHORITY TO PLACE CERTAIN VETERANS IN NON-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FOSTER HOMES UPON REQUEST.
(a) In General.--Section 1720 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) Subject to paragraph (2), at the request of a veteran for
whom the Secretary is required to provide nursing home care under
section 1710A of this title, the Secretary may place the veteran in a
medical foster home that meets Department standards, at the expense of
the United States, pursuant to a contract or agreement entered into
between the Secretary and the medical foster home for such purpose. A
veteran who is placed in a medical foster home under this subsection
shall agree, as a condition of such placement, to accept home health
services furnished by the Secretary under section 1717 of this title.
``(2) Not more than 900 veterans placed in a medical foster home,
whether placed before, on, or after the enactment of the Jason
Simcakoski Memorial Act, may have their care covered at the expense of
the United States under paragraph (1).
``(3) In this subsection, the term `medical foster home' means a
home designed to provide noninstitutional, long-term, supportive care
for veterans who are unable to live independently and prefer a family
setting.
``(4) The authority of the Secretary under this subsection
terminates on September 30, 2019.''.
(b) Effective Date.--Subsection (h) of such section, as added by
subsection (a), shall take effect on October 1, 2016.
SEC. 246. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS
FOR EMERGENCY MEDICAL CONDITIONS AND WOMEN IN LABOR.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by inserting after section 1784 the following
new section:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor
``(a) In General.--In the case of a hospital of the Department that
has an emergency department, if any individual comes to the hospital or
the campus of the hospital and a request is made on behalf of the
individual for examination or treatment for a medical condition, the
hospital must provide for an appropriate medical screening examination
within the capability of the emergency department, including ancillary
services routinely available to the emergency department, to determine
whether or not an emergency medical condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If any individual comes to a hospital of the
Department that has an emergency department or the campus of such a
hospital and the hospital determines that the individual has an
emergency medical condition, the hospital must provide either--
``(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for transfer of the individual to another medical
facility in accordance with subsection (c).
``(2) A hospital is deemed to meet the requirement of paragraph
(1)(A) with respect to an individual if the hospital offers the
individual the further medical examination and treatment described in
that paragraph and informs the individual (or a person acting on behalf
of the individual) of the risks and benefits to the individual of such
examination and treatment, but the individual (or a person acting on
behalf of the individual) refuses to consent to the examination and
treatment. The hospital shall take all reasonable steps to secure the
written informed consent of the individual (or person) to refuse such
examination and treatment.
``(3) A hospital is deemed to meet the requirement of paragraph
(1)(B) with respect to an individual if the hospital offers to transfer
the individual to another medical facility in accordance with
subsection (c) and informs the individual (or a person acting on behalf
of the individual) of the risks and benefits to the individual of such
transfer, but the individual (or a person acting on behalf of the
individual) refuses to consent to the transfer. The hospital shall take
all reasonable steps to secure the written informed consent of the
individual (or person) to refuse such transfer.
``(c) Restricting Transfers Until Individual Stabilized.--(1) If an
individual at a hospital of the Department has an emergency medical
condition that has not been stabilized, the hospital may not transfer
the individual unless--
``(A)(i) the individual (or a legally responsible person
acting on behalf of the individual), after being informed of
the obligations of the hospital under this section and of the
risk of transfer, requests, in writing, transfer to another
medical facility;
``(ii) a physician of the Department has signed a
certification that, based upon the information available at the
time of transfer, the medical benefits reasonably expected from
the provision of appropriate medical treatment at another
medical facility outweigh the increased risks to the individual
and, in the case of labor, to the unborn child from effecting
the transfer; or
``(iii) if a physician of the Department is not physically
present in the emergency department at the time an individual
is transferred, a qualified medical person (as defined by the
Secretary for purposes of this section) has signed a
certification described in clause (ii) after a physician of the
Department, in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
``(B) the transfer is an appropriate transfer to that
facility.
``(2) A certification described in clause (ii) or (iii) of
paragraph (1)(A) shall include a summary of the risks and benefits upon
which the certification is based.
``(3) For purposes of paragraph (1)(B), an appropriate transfer to
a medical facility is a transfer--
``(A) in which the transferring hospital provides the
medical treatment within its capacity that minimizes the risks
to the health of the individual and, in the case of a woman in
labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified personnel
for the treatment of the individual; and
``(ii) has agreed to accept transfer of the
individual and to provide appropriate medical
treatment;
``(C) in which the transferring hospital sends to the
receiving facility all medical records (or copies thereof)
available at the time of the transfer relating to the emergency
medical condition for which the individual has presented,
including--
``(i) observations of signs or symptoms;
``(ii) preliminary diagnosis;
``(iii) treatment provided;
``(iv) the results of any tests; and
``(v) the informed written request or certification
(or copy thereof) provided under paragraph (1)(A);
``(D) in which the transfer is effected through qualified
personnel and transportation equipment, including the use of
necessary and medically appropriate life support measures
during the transfer; and
``(E) that meets such other requirements as the Secretary
considers necessary in the interest of the health and safety of
the individual or individuals transferred.
``(d) Payment to the Department.--The Secretary shall charge for
any care or services provided under this section in accordance with
billing and reimbursement authorities available to the Secretary under
other provisions of law.
``(e) Definitions.--In this section:
``(1) The term `campus' means, with respect to a hospital
of the Department--
``(A) the physical area immediately adjacent to the
main buildings of the hospital;
``(B) other areas and structures that are not
strictly contiguous to the main buildings but are
located not more than 250 yards from the main
buildings; and
``(C) any other areas determined by the Secretary
to be part of the campus of the hospital.
``(2) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself by
acute symptoms of sufficient severity (including severe
pain) such that the absence of immediate medical
attention could reasonably be expected to result in--
``(i) placing the health of the individual
(or, with respect to a pregnant woman, the
health of the woman or her unborn child) in
serious jeopardy;
``(ii) serious impairment to bodily
functions; or
``(iii) serious dysfunction of any bodily
organ or part; or
``(B) with respect to a pregnant woman who is
having contractions--
``(i) that there is inadequate time to
effect a safe transfer to another hospital
before delivery; or
``(ii) that transfer may pose a threat to
the health or safety of the woman or the unborn
child.
``(3)(A) The term `to stabilize' means--
``(i) with respect to an emergency medical
condition described in paragraph (2)(A), to provide
such medical treatment of the condition as may be
necessary to assure, within reasonable medical
probability, that no material deterioration of the
condition is likely to result from or occur during the
transfer of the individual from a facility; or
``(ii) with respect to an emergency medical
condition described in paragraph (2)(B), to deliver
(including the placenta).
``(B) The term `stabilized' means--
``(i) with respect to an emergency medical
condition described in paragraph (2)(A), that no
material deterioration of the condition is likely,
within reasonable medical probability, to result from
or occur during the transfer of the individual from a
facility; or
``(ii) with respect to an emergency medical
condition described in paragraph (2)(B), that the woman
has delivered (including the placenta).
``(4) The term `transfer' means the movement (including the
discharge) of an individual outside the facilities of a
hospital of the Department at the direction of any person
employed by (or affiliated or associated, directly or
indirectly, with) the hospital, but does not include such a
movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the permission of
any such person.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1784 the following new item:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor.''.
SEC. 247. COMPTROLLER GENERAL AUDIT OF BUDGET OF VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Comptroller General audit of budget of Veterans Health
Administration
``(a) In General.--The Comptroller General of the United States
shall periodically conduct an audit of elements of the budget of the
Veterans Health Administration, including the budget formulation,
execution, allocation, and use of funds.
``(b) Selection of Elements.--(1) In selecting elements of the
budget of the Veterans Health Administration for purposes of an audit
under subsection (a), the Comptroller General shall take into
consideration--
``(A) knowledge of the programs of the Veterans Health
Administration;
``(B) current issues;
``(C) national priorities; and
``(D) priorities expressed by the appropriate congressional
committees.
``(2) Not later than 30 days before conducting an audit under
subsection (a), the Comptroller General shall submit to the appropriate
congressional committees notice of the elements selected by the
Comptroller General for purposes of the audit.
``(c) Appropriate Congressional Committees.--In this section, the
term `appropriate congressional committees' means--
``(1) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the Senate;
and
``(2) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330A the following new item:
``7330B. Comptroller General audit of budget of Veterans Health
Administration.''.
SEC. 248. ANNUAL REPORT ON VETERANS HEALTH ADMINISTRATION AND
FURNISHING OF HOSPITAL CARE, MEDICAL SERVICES, AND
NURSING HOME CARE.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, as amended by section 247(a), is further amended by adding
at the end the following new section:
``Sec. 7330C. Annual report on Veterans Health Administration and
furnishing of hospital care, medical services, and
nursing home care
``(a) Report Required.--Not later than March 1 of each of years
2018 through 2022, 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, for the calendar year
preceding the calendar year during which the report is submitted--
``(1) the furnishing of hospital care, medical services,
and nursing home care under the laws administered by the
Secretary; and
``(2) the administration of the furnishing of such care and
services by the Veterans Health Administration.
``(b) Elements.--Each report required by subsection (a) shall
include each of the following for the year covered by the report:
``(1) An evaluation of the effectiveness of the Veterans
Health Administration in increasing the access of veterans to
hospital care, medical services, and nursing home care
furnished by the Secretary for which such veterans are
eligible.
``(2) An evaluation of the effectiveness of the Veterans
Health Administration in improving the quality of health care
provided to veterans, without increasing the costs incurred for
such health care by the Federal Government or veterans,
including relevant information for each medical center and
Veterans Integrated Service Network of the Department set forth
separately.
``(3) An assessment of--
``(A) the workload of physicians and other
employees of the Veterans Health Administration;
``(B) patient demographics and utilization rates;
``(C) physician compensation;
``(D) the productivity of physicians and other
employees of the Veterans Health Administration;
``(E) the percentage of hospital care, medical
services, and nursing home care provided to veterans in
facilities of the Department and in non-Department
facilities and any changes in such percentages compared
to the year preceding the year covered by the report;
``(F) pharmaceutical prices; and
``(G) third-party health billings owed to the
Department, including the total amount of such billings
and the total amount collected by the Department, set
forth separately for claims greater than $1,000 and for
claims equal to or less than $1,000.
``(c) Definitions.--In this section, the terms `hospital care',
`medical services', `nursing home care', `facilities of the
Department', and `non-Department facilities' have the meanings given
those terms in section 1701 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title, as amended by section 247(b), is further
amended by inserting after the item relating to section 7330B the
following new item:
``7330C. Annual report on Veterans Health Administration and furnishing
of hospital care, medical services, and
nursing home care.''.
Subtitle F--Opioid Therapy and Pain Management
SEC. 251. GUIDELINES ON MANAGEMENT OF OPIOID THERAPY BY DEPARTMENT OF
VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE AND
IMPLEMENTATION OF SUCH GUIDELINES BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) Guidelines.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall jointly update the VA/DOD
Clinical Practice Guideline for Management of Opioid Therapy
for Chronic Pain to include the following:
(A) Guidelines developed by the Centers for Disease
Control and Prevention for safely prescribing opioids
for the treatment of chronic, noncancer related pain in
outpatient settings.
(B) Enhanced guidance with respect to absolute
contraindications for opioid therapy, including
guidance with respect to the following:
(i) The coadministration of drugs,
including benzodiazepines, that are capable of
inducing a life-limiting drug-drug interaction.
(ii) The treatment of patients with current
acute psychiatric instability or substance use
disorder or patients at risk of suicide.
(iii) The use of opioid therapy to treat
patients without any pain, including to treat
mental health disorders other than opioid use
disorder.
(C) Enhanced guidance with respect to the treatment
of patients with behaviors or comorbidities, such as
post-traumatic stress disorder, psychiatric disorders,
or a history of substance abuse or addiction, that
require consultation or comanagement of opioid therapy
with one or more specialists in pain management, mental
health, or addictions.
(D) Enhanced guidance with respect to the conduct
by health care providers of an effectiveness assessment
for patients receiving opioid therapy, including
patients on long-term opioid therapy, to determine--
(i) whether opioid therapy is meeting the
expected goals of the patient and health care
provider of relieving pain and improving
function; and
(ii) whether opioid therapy should be
continued.
(E) Requirements that each health care provider of
the Department of Veterans Affairs, before initiating
opioid therapy to treat a patient, use the Opioid
Therapy Risk Report tool of the Department, including
by accessing the most recent patient information from
the prescription drug monitoring program of each State,
as required to be included in such tool under section
252(d)(1), to assess the risk for adverse outcomes of
opioid therapy for the patient, including the
concurrent use of controlled substances such as
benzodiazepines, as part of the comprehensive
assessment conducted by the health care provider.
(F) Guidelines to inform the methodologies used by
health care providers of the Department of Veterans
Affairs and the Department of Defense to safely titrate
and taper opioid therapy when adjusting or
discontinuing the use of opioid therapy, including--
(i) prescription of the lowest effective
dose based on patient need;
(ii) use of opioids only for a limited
period of time; and
(iii) augmentation of opioid therapy with
other pain management therapies and modalities.
(G) Enhanced recommendations with respect to the
use of routine and random urine drug tests for all
patients before and during opioid therapy to help
prevent substance abuse, dependence, and diversion,
including--
(i) that such tests should occur not less
frequently than annually or as otherwise
determined according to patient treatment
protocols; and
(ii) that health care providers should
appropriately interpret and respond to the
results from such tests to tailor pain therapy,
safeguards, and risk management strategies to
each patient.
(H) Guidance that health care providers discuss
with patients, before initiating opioid therapy,
options for pain management therapies without the use
of opioids and options to augment opioid therapy with
other clinical and complementary and integrative health
services to minimize opioid dependence.
(2) Rule of construction.--Nothing in this subsection shall
be construed to prevent the Secretary of Veterans Affairs and
the Secretary of Defense from considering all relevant
evidence, as appropriate, in updating the VA/DOD Clinical
Practice Guideline for Management of Opioid Therapy for Chronic
Pain, as required under paragraph (1), or from ensuring that
the final clinical practice guideline updated under such
paragraph remains applicable to the patient populations of the
Department of Veterans Affairs and the Department of Defense.
(b) Consultation Before Update.--Before updating the clinical
practice guideline under subsection (a), the Secretary of Veterans
Affairs and the Secretary of Defense shall jointly consult with the
Pain Management Working Group of the Health Executive Committee of the
Department of Veterans Affairs-Department of Defense Joint Executive
Committee established under section 320 of title 38, United States
Code.
(c) Controlled Substance Defined.--In this section, the term
``controlled substance'' has the meaning given that term in section 102
of the Controlled Substances Act (21 U.S.C. 802).
SEC. 252. IMPROVEMENT OF OPIOID SAFETY MEASURES BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) Expansion of Opioid Safety Initiative.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall expand the Opioid Safety Initiative of the Department of
Veterans Affairs to include all medical facilities of the Department.
(b) Pain Management Education and Training.--
(1) In general.--In carrying out the Opioid Safety
Initiative of the Department, the Secretary shall require all
employees of the Department responsible for prescribing opioids
to receive education and training described in paragraph (2).
(2) Education and training.--Education and training
described in this paragraph is education and training on pain
management and safe opioid prescribing practices for purposes
of safely and effectively managing patients with chronic pain,
including education and training on the following:
(A) The implementation of and full compliance with
the VA/DOD Clinical Practice Guideline for Management
of Opioid Therapy for Chronic Pain, including any
update to such guideline.
(B) The use of evidence-based pain management
therapies, including cognitive-behavioral therapy,
nonopioid alternatives, and non-drug methods and
procedures for managing pain and related health
conditions including complementary and integrative
health services.
(C) Screening and identification of patients with
substance use disorder, including drug-seeking
behavior, before prescribing opioids, assessment of the
risk potential for patients developing an addiction,
and referral of patients to appropriate addiction
treatment professionals if addiction is identified or
strongly suspected.
(D) Communication with patients on the potential
harm associated with the use of opioids and other
controlled substances, including the need to safely
store and dispose of supplies relating to the use of
opioids and other controlled substances.
(E) Such other education and training as the
Secretary considers appropriate to ensure that veterans
receive safe and high-quality pain management care from
the Department.
(3) Use of existing program.--In providing education and
training described in paragraph (2), the Secretary shall use
the Interdisciplinary Chronic Pain Management Training Team
Program of the Department (or any successor program).
(c) Pain Management Teams.--
(1) In general.--In carrying out the Opioid Safety
Initiative of the Department, the director of each medical
facility of the Department shall identify and designate a pain
management team of health care professionals, which may include
board certified pain medicine specialists, responsible for
coordinating and overseeing pain management therapy at such
facility for patients experiencing acute and chronic pain that
is noncancer related.
(2) Establishment of protocols.--
(A) In general.--In consultation with the Directors
of the Veterans Integrated Service Networks, the
Secretary shall establish standard protocols for the
designation of pain management teams at each medical
facility of the Department.
(B) Consultation on prescription of opioids.--Each
protocol established for a medical facility under
subparagraph (A) shall ensure that any health care
provider without expertise in prescribing analgesics or
who has not completed the education and training under
subsection (b), such as a mental health care provider,
does not prescribe opioids to a patient unless that
health care provider--
(i) consults with a health care provider
with pain management expertise or who is on the
pain management team of the medical facility;
and
(ii) refers the patient to that pain
management team for any subsequent
prescriptions and related therapy.
(3) Report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the director of each
medical facility of the Department shall submit to the
Under Secretary for Health of the Department and the
Director of the Veterans Integrated Service Network in
which the medical facility is located a report
identifying the health care professionals that have
been designated as members of the pain management team
at the medical facility under paragraph (1).
(B) Elements.--Each report submitted under
subparagraph (A) with respect to a medical facility of
the Department shall include--
(i) a certification as to whether all
members of the pain management team at the
medical facility have completed the education
and training required under subsection (b);
(ii) a plan for the management and referral
of patients to such pain management team if
health care providers without expertise in
prescribing analgesics prescribe opioid
medications to treat acute and chronic pain
that is noncancer related; and
(iii) a certification as to whether the
medical facility--
(I) fully complies with the
stepped-care model of pain management
and other pain management policies of
the Department; or
(II) does not fully comply with the
stepped-care model of pain management
and other pain management policies of
the Department but is carrying out a
corrective plan of action to ensure
such full compliance.
(d) Tracking and Monitoring of Opioid Use.--
(1) Prescription drug monitoring programs of states.--In
carrying out the Opioid Safety Initiative and the Opioid
Therapy Risk Report tool of the Department, the Secretary
shall--
(A) ensure access by health care providers of the
Department to information on controlled substances,
including opioids and benzodiazepines, prescribed to
veterans who receive care outside the Department
through the prescription drug monitoring program of
each State with such a program, including by seeking to
enter into memoranda of understanding with States to
allow shared access of such information between States
and the Department;
(B) include such information in the Opioid Therapy
Risk Report tool of the Department; and
(C) require health care providers of the Department
to submit to the prescription drug monitoring program
of each State with such a program information on
prescriptions of controlled substances received by
veterans in that State under the laws administered by
the Secretary.
(2) Report on tracking of data on opioid use.--Not later
than 18 months after the date of the enactment of this Act, 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 feasibility and advisability
of improving the Opioid Therapy Risk Report tool of the
Department to allow for more advanced real-time tracking of and
access to data on--
(A) the key clinical indicators with respect to the
totality of opioid use by veterans;
(B) concurrent prescribing by health care providers
of the Department of opioids in different health care
settings, including data on concurrent prescribing of
opioids to treat mental health disorders other than
opioid use disorder; and
(C) mail-order prescriptions of opioids prescribed
to veterans under the laws administered by the
Secretary.
(e) Availability of Opioid Receptor Antagonists.--
(1) Increased availability and use.--
(A) In general.--The Secretary shall increase the
availability of opioid receptor antagonists approved by
the Food and Drug Administration, such as naloxone, to
veterans.
(B) Availability, training, and distribution.--In
carrying out subparagraph (A), the Secretary shall, not
later than 90 days after the date of the enactment of
this Act--
(i) equip each pharmacy of the Department
with opioid receptor antagonists approved by
the Food and Drug Administration to be
dispensed to outpatients as needed; and
(ii) expand the Overdose Education and
Naloxone Distribution program of the Department
to ensure that all veterans in receipt of
health care under the laws administered by the
Secretary who are at risk of opioid overdose
may access such opioid receptor antagonists and
training on the proper administration of such
opioid receptor antagonists.
(C) Veterans who are at risk.--For purposes of
subparagraph (B), veterans who are at risk of opioid
overdose include--
(i) veterans receiving long-term opioid
therapy;
(ii) veterans receiving opioid therapy who
have a history of substance use disorder or
prior instances of overdose; and
(iii) veterans who are at risk as
determined by a health care provider who is
treating the veteran.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, 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 compliance with paragraph (1) that includes an assessment of
any remaining steps to be implemented by the Secretary to
comply with such paragraph.
(f) Inclusion of Certain Information and Capabilities in Opioid
Therapy Risk Report Tool.--
(1) Information.--The Secretary shall include in the Opioid
Therapy Risk Report tool of the Department--
(A) information on the most recent time the tool
was accessed by a health care provider of the
Department with respect to each veteran; and
(B) information on the results of the most recent
urine drug test for each veteran.
(2) Capabilities.--The Secretary shall include in the
Opioid Therapy Risk Report tool the ability of health care
providers of the Department to determine whether a health care
provider of the Department prescribed opioids to a veteran
without checking the information in the tool with respect to
the veteran.
(g) Notification of Risk in Computerized Health Record.--The
Secretary shall modify the Computerized Patient Record System of the
Department to ensure that any health care provider that accesses the
record of a veteran, regardless of the reason the veteran seeks care
from the health care provider, will be immediately notified whether the
veteran--
(1) is receiving opioid therapy and has a history of
substance use disorder or prior instances of overdose;
(2) has a history of opioid abuse; or
(3) is at risk of becoming an opioid abuser as determined
by a health care provider who is treating the veteran.
(h) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given that term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) State.--The term ``State'' means each of the several
States, territories, and possessions of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 253. ENHANCEMENT OF JOINT WORKING GROUP ON PAIN MANAGEMENT OF THE
DEPARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs and the
Secretary of Defense shall ensure that the Pain Management Working
Group of the Health Executive Committee of the Department of Veterans
Affairs-Department of Defense Joint Executive Committee established
under section 320 of title 38, United States Code, includes a focus on
the following:
(1) The opioid prescribing practices of health care
providers of each Department.
(2) The ability of each Department to manage acute and
chronic pain among individuals receiving health care from that
Department, including training health care providers with
respect to pain management.
(3) The use by each Department of complementary and
integrative health in treating such individuals.
(4) The concurrent use by health care providers of each
Department of opioids for patients who take prescription drugs,
including benzodiazepines, to treat mental health disorders.
(5) The use of care transition plans by health care
providers of each Department to address case management issues
for patients receiving opioid therapy who transition between
inpatient and outpatient settings.
(6) The coordination in coverage of and consistent access
to medications prescribed for patients transitioning from
receiving health care from the Department of Defense to
receiving health care from the Department of Veterans Affairs.
(7) The ability of each Department to properly screen,
identify, and refer for treatment patients with substance abuse
disorders who are seeking treatment for acute and chronic pain
management conditions.
(b) Coordination and Consultation.--The Secretary of Veterans
Affairs and the Secretary of Defense shall ensure that the working
group described in subsection (a)--
(1) coordinates the activities of the working group with
other relevant working groups established under section 320 of
title 38, United States Code, including the working groups on
evidence based practice, patient safety, pharmacy, and
psychological health;
(2) consults with other relevant Federal agencies,
including the Centers for Disease Control and Prevention, with
respect to the activities of the working group;
(3) consults with the Department of Veterans Affairs and
the Department of Defense with respect to the VA/DOD Clinical
Practice Guideline for Management of Opioid Therapy for Chronic
Pain, or any successor guideline, before any update to the
guideline is released; and
(4) reviews and comments on the guideline described in
paragraph (3) before any update to such guideline is released.
(c) Consultation.--The Secretary of Veterans Affairs and the
Secretary of Defense shall ensure that the working group described in
subsection (a) is able to meaningfully consult with respect to the
updated guideline required under subsection (a) of section 251, as
required by subsection (b) of such section, not later than one year
after the date of the enactment of this Act.
SEC. 254. REVIEW, INVESTIGATION, AND REPORT ON USE OF OPIOIDS IN
TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Comptroller General Report.--
(1) 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 Opioid Safety
Initiative of the Department of Veterans Affairs and the opioid
prescribing practices of health care providers of the
Department.
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the implementation and
monitoring by the Veterans Health Administration of the
Opioid Safety Initiative of the Department, including
examining, as appropriate, the following:
(i) How the Department monitors the key
clinical outcomes of such safety initiative
(for example, the percentage of unique veterans
visiting each medical center of the Department
that are prescribed an opioid or an opioid and
benzodiazepine concurrently) and how the
Department uses that information--
(I) to improve prescribing
practices; and
(II) to identify high prescribing
or otherwise inappropriate prescribing
practices by health care providers.
(ii) How the Department monitors the use of
the Opioid Therapy Risk Report tool of the
Department (as developed through such safety
initiative) and compliance with such tool by
medical facilities and health care providers of
the Department, including any findings by the
Department of prescription rates or
prescription practices by medical facilities or
health care providers that are inappropriate.
(iii) The implementation of academic
detailing programs within the Veterans
Integrated Service Networks of the Department
and how such programs are being used to improve
opioid prescribing practices.
(B) Information with respect to known deaths
resulting from sentinel events involving veterans
prescribed opioids by a health care provider of the
Department.
(C) Information made available under the Opioid
Therapy Risk Report tool of the Department with respect
to the following:
(i) Overall prescription rates and, if
available, indications used by health care
providers for prescribing chronic opioid
therapy to treat noncancer, non-palliative
care, and non-hospice care patients.
(ii) The prescription rates and indications
used by health care providers of the Department
for prescribing benzodiazepines and chronic
opioid therapy concurrently.
(iii) The practice by health care providers
of the Department of prescribing opioids to
treat patients without any known pain,
including to treat patients with mental health
disorders other than an opioid use disorder.
(D) An evaluation of processes of the Department to
oversee opioid use among veterans, including processes
to identify and remedy potential overprescribing of
opioids by health care providers of the Department, and
an evaluation of the use and effectiveness of such
processes.
(E) An evaluation of processes of the Department to
oversee and ensure the implementation by medical
centers of the Department of the VA/DOD Clinical
Practice Guideline for Management of Opioid Therapy, as
updated under section 251(a), including any figures or
approaches used by the Department to assess
implementation and compliance with such guideline by
medical centers and whether any medical centers are
operating action plans to improve compliance with such
guideline.
(F) An assessment of the data that the Department
has developed to review the opioid prescribing
practices of health care providers of the Department,
as required by this subtitle, including a review of how
the Department identifies the practices of individual
health care providers that warrant further review based
on--
(i) prescribing levels;
(ii) health conditions for which the health
care provider is prescribing opioids or opioids
and benzodiazepines concurrently; or
(iii) other practices of the health care
provider.
(b) Review of Prescription Rates.--Not later than one year after
the date of the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of Veterans Affairs shall, with
respect to each medical facility of the Department of Veterans Affairs,
collect and review information on opioids prescribed by health care
providers at the facility to treat noncancer, non-palliative care, and
non-hospice care patients, including information on--
(1) the prescription rate at which each health care
provider at the facility prescribed opioids, and
benzodiazepines and opioids concurrently, to such patients and
the aggregate of such prescription rates for all health care
providers at the facility;
(2) the prescription rate at which each health care
provider at the facility prescribed benzodiazepines or opioids
to such patients to treat conditions for which benzodiazepines
or opioids are not a recommended treatment and the aggregate of
such prescription rates for all health care providers at the
facility;
(3) the prescription rate at which each health care
provider at the facility prescribed or dispensed mail-order
prescriptions of opioids to such patients while such patients
were being treated with opioids on an inpatient-basis and the
aggregate of such prescription rates for all health care
providers at the facility; and
(4) the prescription rate at which each health care
provider at the facility prescribed opioids to such patients
who were also concurrently prescribed opioids by a health care
provider who is not a health care provider of the Department
and the aggregate of such prescription rates for all health
care providers at the facility.
(c) Investigation of Prescription Rates.--If the Secretary
determines that a prescription rate described in subsection (b) with
respect to a health care provider or medical facility of the Department
conflicts with or is otherwise inconsistent with the standards of
appropriate and safe care, the Secretary shall--
(1) through the Office of the Medical Inspector of the
Veterans Health Administration, conduct a full investigation of
the health care provider or medical facility, as the case may
be;
(2) immediately 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 health
care provider or medical facility, as the case may be, is
located; and
(3) include information relating to such determination,
prescription rate, and health care provider or medical
facility, as the case may be, in the report required under
subsection (d).
(d) Report on Opioid Therapy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and not less frequently than
annually thereafter through 2026, 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 that contains, for the one-year period preceding the
submittal of the report, the following:
(A) The number of patients and the percentage of
the patient population of the Department of Veterans
Affairs who were prescribed opioids, and
benzodiazepines and opioids concurrently, by a health
care provider of the Department.
(B) The number of patients and the percentage of
the patient population of the Department without any
documented pain who were prescribed opioids by a health
care provider of the Department, including those who
were prescribed benzodiazepines and opioids
concurrently.
(C) The number of noncancer, non-palliative care,
and non-hospice care patients and the percentage of
such patients who were treated with opioids by a health
care provider of the Department on an inpatient-basis
and who were also sent prescription opioids by mail by
the Department while being treated on an inpatient-
basis.
(D) The number of noncancer, non-palliative care,
and non-hospice care patients and the percentage of
such patients who were prescribed opioids concurrently
by a health care provider of the Department and a
health care provider who is not a health care provider
of the Department.
(E) With respect to each medical facility of the
Department, the number of times a pharmacist at the
facility overrode a critical drug interaction warning
with respect to an interaction between opioids and
another medication before dispensing such other
medication to a veteran.
(F) The results of the review conducted under
subsection (b) (including a summary of such review at
the Veterans Integrated Service Network level) and the
investigation conducted under subsection (c) (including
information described in subsection (c)(3)), compiled
in such a manner as the Secretary determines
appropriate to ensure that the information is easily
accessible.
(2) Subsequent reports.--Each report submitted under
paragraph (1) after the date that is two years after the date
of the enactment of this Act shall include an assessment of the
compliance of the Department with the VA/DOD Clinical Practice
Guideline for Management of Opioid Therapy for Chronic Pain,
including any update to such guideline.
(e) Prescription Rate Defined.--In this section, the term
``prescription rate'' means, with respect to a health care provider or
medical facility of the Department, each of the following:
(1) The number of patients treated with opioids by the
health care provider or at the medical facility, as the case
may be, divided by the total number of pharmacy users of that
health care provider or medical facility.
(2) The average number of morphine equivalents per day
prescribed by the health care provider or at the medical
facility, as the case may be, to patients being treated with
opioids.
(3) Of the patients being treated with opioids by the
health care provider or at the medical facility, as the case
may be, the average number of prescriptions of opioids per
patient.
SEC. 255. ELIMINATION OF COPAYMENT REQUIREMENT FOR VETERANS RECEIVING
OPIOID ANTAGONISTS OR EDUCATION ON USE OF OPIOID
ANTAGONISTS.
(a) Copayment for Opioid Antagonists.--Section 1722A(a) of title
38, United States Code, is amended by adding at the end the following
new paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists furnished
under this chapter to a veteran who is at high risk for overdose of a
specific medication or substance in order to reverse the effect of such
an overdose.''.
(b) Copayment for Education on Use of Opioid Antagonists.--Section
1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to reverse
the effects of overdoses of specific medications or
substances.''.
Subtitle G--Patient Advocacy and Outreach
SEC. 261. ESTABLISHMENT OF OFFICE OF PATIENT ADVOCACY OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7309A. Office of Patient Advocacy
``(a) Establishment.--There is established in the Department within
the Office of the Under Secretary for Health an office to be known as
the `Office of Patient Advocacy' (in this section referred to as the
`Office').
``(b) Head.--(1) The Director of the Office of Patient Advocacy
shall be the head of the Office.
``(2) The Director of the Office of Patient Advocacy shall be
appointed by the Under Secretary for Health from among individuals
qualified to perform the duties of the position and shall report
directly to the Under Secretary for Health.
``(c) Function.--(1) The function of the Office is to carry out the
Patient Advocacy Program of the Department.
``(2) In carrying out the Patient Advocacy Program of the
Department, the Director shall ensure that patient advocates of the
Department--
``(A) advocate on behalf of veterans with respect to health
care received and sought by veterans under the laws
administered by the Secretary;
``(B) carry out the responsibilities specified in
subsection (d); and
``(C) receive training in patient advocacy.
``(d) Patient Advocacy Responsibilities.--The responsibilities of
each patient advocate at a medical facility of the Department are the
following:
``(1) To resolve complaints by veterans with respect to
health care furnished under the laws administered by the
Secretary that cannot be resolved at the point of service or at
a higher level easily accessible to the veteran.
``(2) To present at various meetings and to various
committees the issues experienced by veterans in receiving such
health care at such medical facility.
``(3) To express to veterans their rights and
responsibilities as patients in receiving such health care.
``(4) To manage the Patient Advocate Tracking System of the
Department at such medical facility.
``(5) To compile data at such medical facility of
complaints made by veterans with respect to the receipt of such
health care at such medical facility and the satisfaction of
veterans with such health care at such medical facility to
determine whether there are trends in such data.
``(6) To ensure that a process is in place for the
distribution of the data compiled under paragraph (5) to
appropriate leaders, committees, services, and staff of the
Department.
``(7) To identify, not less frequently than quarterly,
opportunities for improvements in the furnishing of such health
care to veterans at such medical facility based on complaints
by veterans.
``(8) To ensure that any significant complaint by a veteran
with respect to such health care is brought to the attention of
appropriate staff of the Department to trigger an assessment of
whether there needs to be a further analysis of the problem at
the facility-wide level.
``(9) To support any patient advocacy programs carried out
by the Department.
``(10) To ensure that all appeals and final decisions with
respect to the receipt of such health care are entered into the
Patient Advocate Tracking System of the Department.
``(11) To understand all laws, directives, and other rules
with respect to the rights and responsibilities of veterans in
receiving such health care, including the appeals processes
available to veterans.
``(12) To ensure that veterans receiving mental health
care, or the surrogate decision-makers for such veterans, are
aware of the rights of veterans to seek representation from
systems established under section 103 of the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C.
10803) to protect and advocate the rights of individuals with
mental illness and to investigate incidents of abuse and
neglect of such individuals.
``(13) To fulfill requirements established by the Secretary
with respect to the inspection of controlled substances.
``(14) To document potentially threatening behavior and
report such behavior to appropriate authorities.
``(e) Training.--In providing training to patient advocates under
subsection (c)(2)(C), the Director shall ensure that such training is
consistent throughout the Department.
``(f) Controlled Substance Defined.--In this section, the term
`controlled substance' has the meaning given that term in section 102
of the Controlled Substances Act (21 U.S.C. 802).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7309 the following new item:
``7309A. Office of Patient Advocacy.''.
(c) Date Fully Operational.--The Secretary of Veterans Affairs
shall ensure that the Office of Patient Advocacy established under
section 7309A of title 38, United States Code, as added by subsection
(a), is fully operational not later than the date that is one year
after the date of the enactment of this Act.
SEC. 262. COMMUNITY MEETINGS ON IMPROVING CARE FROM 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, each medical center of the Department
of Veterans Affairs shall host a community meeting open to the
public on improving health care from the Department.
(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, each community-based
outpatient clinic of the Department shall host a community
meeting open to the public on improving health care from the
Department.
(b) Attendance by Director of Veterans Integrated Service Network
or Designee.--
(1) In general.--Subject to paragraph (2), each community
meeting hosted by a medical center or community-based
outpatient clinic under subsection (a) shall be attended by the
Director of the Veterans Integrated Service Network in which
the medical center or community-based outpatient clinic, as the
case may be, is located, or an employee designated by the
Director who works in the office of the Director.
(2) Attendance by director.--Each Director of a Veterans
Integrated Service Network shall attend not fewer than one
community meeting under subsection (a) hosted by each medical
center located in the Veterans Integrated Service Network each
year.
(c) Notice.--With respect to any community meeting at a medical
facility of the Department under subsection (a), the Secretary of
Veterans Affairs 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 who represents the area in
which the medical facility is located of such meeting not later than 10
days before such meeting occurs.
SEC. 263. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN DELAYED
PAYMENTS BY CHIEF BUSINESS OFFICE OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Outreach.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct outreach, including through national and local veterans
service organizations, to inform veterans of how to resolve
credit issues caused by delayed payment of a claim for
emergency hospital care, medical services, or other emergency
health care furnished through a non-Department of Veterans
Affairs provider.
(2) Telephone number.--The Secretary shall establish a
toll-free telephone number for veterans to report credit issues
described in paragraph (1) to the Chief Business Office of the
Department of Veterans Affairs.
(b) Annual Report.--
(1) Report required.--
(A) In general.--During the five-year period
beginning on the date of the enactment of this Act, the
Secretary shall annually submit to Congress a report on
the effectiveness of the Chief Business Office of the
Department in providing timely payment of proper
invoices for emergency hospital care, medical services,
or other emergency health care furnished through non-
Department providers by the required payment date
during both the five-year period preceding the date of
the report and the one-year period preceding such date.
(B) Payments by visns.--For any part of the period
covered by a report under this subsection that occurred
before October 1, 2014, the report shall evaluate the
provision of payments described in subparagraph (A) by
the Veterans Integrated Service Networks.
(2) Matters included.--Each report submitted under
paragraph (1) shall include, for each period covered by the
report, the following:
(A) The number of veterans who contacted the
Secretary regarding a delayed payment that negatively
affected, or will potentially negatively affect, the
credit of the veteran.
(B) The total amount of interest penalties paid by
the Secretary under section 3902 of title 31, United
States Code, by reason of a delayed payment.
(C) The number of proper invoices submitted, listed
in a table for each quarter and fiscal year of each
such period that includes--
(i) the total amount owed by the Secretary
under the proper invoices;
(ii) the payment status of each proper
invoice, as of the date of the report; and
(iii) the period that elapsed until each
proper invoice was paid, including an
explanation of any delayed payment.
(D) Any comments by the Secretary regarding delayed
payments made by health care providers.
(E) A description of the best practices that the
Chief Business Office of the Department uses to provide
timely payment of proper invoices, including a plan to
improve such timely payments.
(c) Quarterly Reports on Pending Claims.--
(1) In general.--During the five-year period beginning on
the date of the enactment of this Act, the Chief Business
Office of the Department shall submit to Congress quarterly
reports on the number of pending claims for reimbursement for
emergency hospital care, medical services, and other emergency
health care furnished through non-Department providers.
(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to pending claims described in such
paragraph, the following:
(A) The total number of such pending claims for
each hospital system of the Department, as of the last
day of the quarter covered by the report.
(B) The total number of veterans who submitted such
a pending claim in each State, as of such day.
(C) The aggregate amount of all such pending claims
in each State, as of such day.
(D) As of such day--
(i) the number of such pending claims that
have been pending for 30 days or longer;
(ii) the number of such pending claims that
have been pending for 90 days or longer; and
(iii) the number of such pending claims
that have been pending for one year or longer.
(E) For each hospital system, for the quarter
covered by the report--
(i) the number of claims for reimbursement
for emergency hospital care, medical services,
and other emergency health care furnished
through non-Department providers approved
during such quarter;
(ii) the number of such claims denied
during such quarter; and
(iii) the number of such claims denied
listed by each denial reason group.
(d) Comptroller General Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that evaluates the effectiveness
of the Chief Business Office of the Department in providing
timely payment of proper invoices for emergency hospital care,
medical services, or other emergency health care furnished
through non-Department providers by the required payment date.
(2) Submittal.--The Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
including the total amount of interest penalties paid by the
Secretary under section 3902 of title 31, United States Code,
by reason of a delayed payment.
(e) Definitions.--In this section:
(1) The term ``delayed payment'' means a proper invoice
that is not paid by the Secretary of Veterans Affairs until
after the required payment date.
(2) The term ``proper invoice'' has the meaning given that
term in section 3901(a) of title 31, United States Code.
(3) The term ``required payment date'' means the date that
payment is due under a contract pursuant to section 3903(a) of
title 31, United States Code.
SEC. 264. 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 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 of 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. 265. COMPTROLLER GENERAL REPORT ON PATIENT ADVOCACY PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than three 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)--
(1) shall include--
(A) such recommendations and proposals for
improving or modifying the Program as the Comptroller
General considers appropriate; and
(B) such other information with respect to the
Program as the Comptroller General considers
appropriate; and
(2) may include--
(A) a description of the Program, including--
(i) the purposes of the Program;
(ii) the activities carried out under the
Program; and
(iii) an assessment by the Secretary of
Veterans Affairs of the sufficiency of the
Program in achieving the purposes of the
Program;
(B) an assessment of the sufficiency of staffing of
employees of the Department responsible for carrying
out the Program;
(C) an assessment of the sufficiency of the
training of such employees; and
(D) an assessment of--
(i) awareness of the Program among veterans
and their family members; and
(ii) the use of the Program by veterans and
their family members.
Subtitle H--Administration of Non-Department Health Care
SEC. 271. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS.
(a) Payment of Providers.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section 1703
the following new section:
``Sec. 1703A. Payment of non-Department health care providers
``(a) Prompt Payment Compliance.--The Secretary shall ensure that
payments made to non-Department health care providers pursuant to an
agreement under this chapter comply with chapter 39 of title 31
(commonly referred to as the `Prompt Payment Act') and the requirements
of this section. If there is a conflict between the requirements of the
Prompt Payment Act and the requirements of this section, the Secretary
shall comply with the requirements of this section.
``(b) Submittal of Claim.--(1) A non-Department health care
provider that seeks reimbursement under this section for care or
services furnished under the laws administered by the Secretary shall
submit to the Secretary a claim for reimbursement not later than 180
days after furnishing such care or services.
``(2) On and after January 1, 2019, the Secretary shall not accept
any claim under this section that is submitted to the Secretary in a
manner other than electronically.
``(c) Payment Schedule.--(1) The Secretary shall reimburse a non-
Department health care provider for care or services furnished under
the laws administered by the Secretary--
``(A) in the case of a clean claim submitted to the
Secretary electronically, not later than 30 days after
receiving the claim; or
``(B) in the case of a clean claim submitted to the
Secretary in a manner other than electronically, not later than
45 days after receiving the claim.
``(2)(A) If the Secretary determines that a claim received from a
non-Department health care provider for care or services furnished
under the laws administered by the Secretary is a non-clean claim, the
Secretary shall submit to the provider, not later than 30 days after
receiving the claim--
``(i) a notification that the claim is a non-clean claim;
``(ii) an explanation of why the claim has been determined
to be a non-clean claim; and
``(iii) an identification of the information or
documentation that is required to make the claim a clean claim.
``(B) If the Secretary does not comply with the requirements of
subparagraph (A) with respect to a claim, the claim shall be deemed a
clean claim for purposes of paragraph (1).
``(3) Upon receipt by the Secretary of information or documentation
described in subparagraph (A)(iii) with respect to a claim, the
Secretary shall reimburse a non-Department health care provider for
care or services furnished under the laws administered by the
Secretary--
``(A) in the case of a claim submitted to the Secretary
electronically, not later than 30 days after receiving such
information or documentation; or
``(B) in the case of a claim submitted to the Secretary in
a manner other than electronically, not later than 45 days
after receiving such information or documentation.
``(4) If the Secretary fails to comply with the deadlines for
payment set forth in this subsection with respect to a claim, interest
shall accrue on the amount owed under such claim in accordance with
section 3902 of title 31, United States Code.
``(d) Information and Documentation Required.--(1) The Secretary
shall provide to all non-Department health care providers that furnish
care or services under the laws administered by the Secretary a list of
information and documentation that is required to establish a clean
claim under this section.
``(2) The Secretary shall consult with entities in the health care
industry, in the public and private sector, to determine the
information and documentation to include in the list under paragraph
(1).
``(3) If the Secretary modifies the information and documentation
included in the list under paragraph (1), the Secretary shall notify
all non-Department health care providers that furnish care or services
under the laws administered by the Secretary not later than 30 days
before such modifications take effect.
``(e) Definitions.--In this section:
``(1) The term `clean claim' means a claim for
reimbursement for care or services furnished by a non-
Department health care provider under the laws administered by
the Secretary, on a nationally recognized standard format, that
includes the information and documentation necessary to
adjudicate the claim.
``(2) The term `non-clean claim' means a claim for
reimbursement for care or services furnished by a non-
Department health care provider under the laws administered by
the Secretary, on a nationally recognized standard format, that
does not include the information and documentation necessary to
adjudicate the claim.
``(3) The term `non-Department health care provider' means
a health care provider that is not a health care provider of
the Department.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item related to section 1703 the following new item:
``1703A. Payment of non-Department health care providers.''.
(b) Electronic Submittal of Claims for Reimbursement.--
(1) Prohibition on acceptance of non-electronic claims.--
(A) In general.--Except as provided in subparagraph
(B), on and after January 1, 2019, the Secretary of
Veterans Affairs shall not accept any claim for
reimbursement under section 1703A of title 38, United
States Code, as added by subsection (a), that is
submitted to the Secretary in a manner other than
electronically, including medical records in connection
with such a claim.
(B) Exception.--If the Secretary determines that
accepting claims and medical records in a manner other
than electronically is necessary for the timely
processing of claims for reimbursement under such
section 1703A due to a failure or malfunction of the
electronic interface established under paragraph (2),
the Secretary--
(i) may accept claims and medical records
in a manner other than electronically for a
period not to exceed 90 days; and
(ii) shall submit to the Committee on
Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report setting forth--
(I) the reason for accepting claims
and medical records in a manner other
than electronically;
(II) the duration of time that the
Department of Veterans Affairs will
accept claims and medical records in a
manner other than electronically; and
(III) the steps that the Department
is taking to resolve such failure or
malfunction.
(2) Electronic interface.--
(A) In general.--Not later than January 1, 2019,
the Chief Information Officer of the Department of
Veterans Affairs shall establish an electronic
interface for health care providers to submit claims
for reimbursement under such section 1703A.
(B) Functions.--The electronic interface
established under subparagraph (A) shall include the
following functions:
(i) A function through which a health care
provider may input all relevant data required
for claims submittal and reimbursement.
(ii) A function through which a health care
provider may upload medical records to
accompany a claim for reimbursement.
(iii) A function through which a health
care provider may ascertain the status of a
pending claim for reimbursement that--
(I) indicates whether the claim is
a clean claim or a non-clean claim; and
(II) in the event that a submitted
claim is indicated as a non-clean
claim, provides--
(aa) an explanation of why
the claim has been determined
to be a non-clean claim; and
(bb) an identification of
the information or
documentation that is required
to make the claim a clean
claim.
(iv) A function through which a health care
provider is notified when a claim for
reimbursement is accepted or rejected.
(v) Such other features as the Secretary
considers necessary.
(C) Protection of information.--
(i) In general.--The electronic interface
established under subparagraph (A) shall be
developed and implemented based on industry-
accepted information security and privacy
engineering principles and best practices and
shall provide for the following:
(I) The elicitation, analysis, and
prioritization of functional and
nonfunctional information security and
privacy requirements for such
interface, including specific security
and privacy services and architectural
requirements relating to security and
privacy based on a thorough analysis of
all reasonably anticipated cyber and
noncyber threats to the security and
privacy of electronic protected health
information made available through such
interface.
(II) The elicitation, analysis, and
prioritization of secure development
requirements relating to such
interface.
(III) The assurance that the
prioritized information security and
privacy requirements of such
interface--
(aa) are correctly
implemented in the design and
implementation of such
interface throughout the system
development lifecycle; and
(bb) satisfy the
information objectives of such
interface relating to security
and privacy throughout the
system development lifecycle.
(ii) Definitions.--In this subparagraph:
(I) Electronic protected health
information.--The term ``electronic
protected health information'' has the
meaning given that term in section
160.103 of title 45, Code of Federal
Regulations, as in effect on the date
of the enactment of this Act.
(II) Secure development
requirements.--The term ``secure
development requirements'' means, with
respect to the electronic interface
established under subparagraph (A),
activities that are required to be
completed during the system development
lifecycle of such interface, such as
secure coding principles and test
methodologies.
(3) Analysis of available technology for electronic
interface.--
(A) In general.--Not later than January 1, 2017, or
before entering into a contract to procure or design
and build the electronic interface described in
paragraph (2) or making a decision to internally design
and build such electronic interface, whichever occurs
first, the Secretary shall--
(i) conduct an analysis of commercially
available technology that may satisfy the
requirements of such electronic interface set
forth in such paragraph; and
(ii) submit to the Committee on Veterans'
Affairs of the Senate and the Committee on
Veterans' Affairs of the House of
Representatives a report setting forth such
analysis.
(B) Elements.--The report required under
subparagraph (A)(ii) shall include the following:
(i) An evaluation of commercially available
systems that may satisfy the requirements of
paragraph (2).
(ii) The estimated cost of procuring a
commercially available system if a suitable
commercially available system exists.
(iii) If no suitable commercially available
system exists, an assessment of the feasibility
of modifying a commercially available system to
meet the requirements of paragraph (2),
including the estimated cost associated with
such modifications.
(iv) If no suitable commercially available
system exists and modifying a commercially
available system is not feasible, an assessment
of the estimated cost and time that would be
required to contract with a commercial entity
to design and build an electronic interface
that meets the requirements of paragraph (2).
(v) If the Secretary determines that the
Department has the capabilities required to
design and build an electronic interface that
meets the requirements of paragraph (2), an
assessment of the estimated cost and time that
would be required to design and build such
electronic interface.
(vi) A description of the decision of the
Secretary regarding how the Department plans to
establish the electronic interface required
under paragraph (2) and the justification of
the Secretary for such decision.
(4) Limitation on use of amounts.--The Secretary may not
spend any amounts to procure or design and build the electronic
interface described in paragraph (2) until the date that is 60
days after the date on which the Secretary submits the report
required under paragraph (3)(A)(ii).
SEC. 272. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF
VETERANS AFFAIRS AND NON-DEPARTMENT PROVIDERS.
(a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, as amended by section 271(a)(1), is further amended by
inserting after section 1703A the following new section:
``Sec. 1703B. Veterans Care Agreements
``(a) Agreements To Furnish Care.--(1) In addition to the authority
of the Secretary under this chapter to furnish hospital care, medical
services, and extended care at facilities of the Department and under
contracts or sharing agreements entered into under authorities other
than this section, the Secretary may furnish hospital care, medical
services, and extended care through the use of agreements entered into
under this section. An agreement entered into under this section may be
referred to as a `Veterans Care Agreement'.
``(2)(A) The Secretary may enter into agreements under this section
with eligible providers that are certified under subsection (d) if the
Secretary is not feasibly able to furnish care or services described in
paragraph (1) at facilities of the Department.
``(B) The Secretary is not feasibly able to furnish care or
services described in paragraph (1) at facilities of the Department if
the Secretary determines that the medical condition of the veteran, the
travel involved, the nature of the care or services required, or a
combination of those factors make the use of facilities of the
Department impracticable or inadvisable.
``(3) An eligible provider, at its discretion, may opt to enter
into an agreement under this section instead of a contract or sharing
agreement under authorities other than this section.
``(b) Receipt of Care.--(1) Eligibility of a veteran under this
section for care or services described in subsection (a)(1) 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 or services in a facility of the Department shall
apply to veterans receiving such care or services under this section.
``(2) In carrying out this section, the Secretary--
``(A) may not direct veterans seeking care or services
described in subsection (a)(1) to health care providers that
have entered into contracts or sharing agreements under
authorities other than this section, except for agreements
under section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701
note); and
``(B) shall ensure that veterans have the option to
determine whether to receive such care or services from a
health care provider described in subparagraph (A) or an
eligible provider that has entered into an agreement under this
section.
``(c) Eligible Providers.--For purposes of this section, an
eligible provider is one of the following:
``(1) 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)).
``(2) 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)).
``(3) 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.
``(4) A health care provider that is--
``(A) 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
``(B) a center for independent living (as defined
in section 702 of the Rehabilitation Act of 1973 (29
U.S.C. 796a)).
``(5) A provider that is located in--
``(A) an area that is designated as a health
professional shortage area (as defined in section 332
of the Public Health Service Act (42 U.S.C. 254e)); or
``(B) a county that is not in a metropolitan
statistical area.
``(6) Such other health care providers as the Secretary
considers appropriate for purposes of this section.
``(d) Certification of Eligible Providers.--(1) The Secretary shall
establish a process for the certification of eligible providers under
this section that shall, at a minimum, set forth the following.
``(A) Procedures for the submittal of applications for
certification and deadlines for actions taken by the Secretary
with respect to such applications.
``(B) Standards and procedures for approval and denial of
certification, duration of certification, revocation of
certification, and recertification.
``(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. 1395cc(j)(2)(B)) and the
standards set forth under section 9.104 of title 48, Code of
Federal Regulations, or any successor regulation.
``(2) The Secretary shall deny or revoke certification to an
eligible provider under this subsection if the Secretary determines
that the eligible provider is currently--
``(A) 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
``(B) identified as an excluded source on the list
maintained in the System for Award Management, or any successor
system.
``(e) Terms of Agreements.--Each agreement entered into with an
eligible provider under this section shall include provisions requiring
the eligible provider to do the following:
``(1) To accept payment for care or services furnished
under this section at rates established by the Secretary for
purposes of this section, which shall be, to the extent
practicable, the rates paid by the United States for such care
or services to providers of services and suppliers under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
``(2) To accept payment under paragraph (1) as payment in
full for care or services furnished under this section and to
not seek any payment for such care or services from the
recipient of such care or services.
``(3) To furnish under this section only the care or
services authorized by the Department under this section unless
the eligible provider receives prior written consent from the
Department to furnish care or services outside the scope of
such authorization.
``(4) To bill the Department for care or services furnished
under this section in accordance with a methodology established
by the Secretary for purposes of this section.
``(5) 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.
``(6) To provide medical records for veterans furnished
care or services under this section to the Department in a time
frame and format specified by the Secretary for purposes of
this section.
``(7) To meet such other terms and conditions, including
quality of care assurance standards, as the Secretary may
specify for purposes of this section.
``(f) Termination of Agreements.--(1) An eligible provider may
terminate an 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 an 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 purposes of this
section, if the Secretary--
``(A) determines that the eligible provider failed to
comply substantially with the provisions of the agreement or
with the provisions of this section and the regulations
prescribed thereunder;
``(B) determines that the 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;
``(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 or the Department; or
``(D) determines that it is reasonable to terminate the
agreement based on the health care needs of a veteran or
veterans.
``(g) Periodic Review of Certain Agreements.--(1) Not less
frequently than once every two years, the Secretary shall review each
Veterans Care Agreement of material size entered into during the two-
year period preceding the review to determine whether it is feasible
and advisable to furnish the hospital care, medical services, or
extended care furnished under such agreement at facilities of the
Department or through contracts or sharing agreements entered into
under authorities other than this section.
``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is
of material size as determined by the Secretary for purposes of this
section.
``(B) A Veterans Care Agreement entered into after September 30,
2016, for the purchase of extended care services is of material size if
the purchase of such services under the agreement exceeds $1,000,000
annually. The Secretary may adjust such amount to account for changes
in the cost of health care based upon recognized health care market
surveys and other available data and shall publish any such adjustments
in the Federal Register.
``(h) Treatment of Certain Laws.--(1) An agreement under this
section may be entered into without regard to any law that would
require the Secretary to use competitive procedures in selecting the
party with which to enter into the agreement.
``(2)(A) Except as provided in subparagraph (B), and unless
otherwise provided in this section or section 277 of the Jason
Simcakoski Memorial Act or regulations prescribed pursuant to this
section or such section 277, an eligible provider that enters into an
agreement under this section is not subject to, in the carrying out of
the agreement, any law to which an eligible provider described in
subsection (b)(1), (b)(2), or (b)(3) is not subject 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.).
``(B) The exclusion under subparagraph (A) does not apply to laws
regarding integrity, ethics, fraud, or that subject a person to civil
or criminal penalties.
``(3) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.) shall apply with respect to an eligible provider that enters into
an agreement under this section 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 this
section.
``(i) Monitoring of Quality of Care.--The Secretary shall establish
a system or systems, consistent with survey and certification
procedures used by the Centers for Medicare & Medicaid Services and
State survey agencies to the extent practicable--
``(1) to monitor the quality of care and services furnished
to veterans under this section; and
``(2) to assess the quality of care and services furnished
by an eligible provider under this section for purposes of
determining whether to renew an agreement under this section
with the eligible provider.
``(j) Dispute Resolution.--The Secretary shall establish
administrative procedures for eligible providers with which the
Secretary has entered into an agreement under this section to present
any dispute arising under or related to the agreement.
``(k) Termination of Authority.--The Secretary may not enter into
an agreement under this section, other than for the provision of
extended care or hospice care, after September 30, 2017.
``(l) Rule of Construction.--Nothing in this section shall be
construed to alter any contract or agreement entered into between the
Department and a State home (as that term is used in subchapter V of
this chapter) before the date of the enactment of the Jason Simcakoski
Memorial Act.
``(m) Annual Report.--Not later than one year after the date of the
enactment of the Jason Simcakoski Memorial Act, and not less frequently
than annually thereafter, 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 that contains the
following:
``(1) The total number of agreements entered into with
eligible providers under this section.
``(2) A list of the medical centers of the Department that
have entered into agreements with eligible providers under this
section.''.
(b) Regulations.--The Secretary of Veterans Affairs shall prescribe
an interim final rule to carry out section 1703B of such title, as
added by subsection (a), not later than one year after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title, as amended by section 271(a)(2), is further
amended by inserting after the item related to section 1703A the
following new item:
``1703B. Veterans Care Agreements.''.
SEC. 273. ELIMINATION OF REQUIREMENT TO ACT AS SECONDARY PAYER FOR CARE
RELATING TO NON-SERVICE-CONNECTED DISABILITIES UNDER
CHOICE PROGRAM.
(a) In General.--Section 101(e) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is
amended--
(1) by striking paragraphs (2) and (3);
(2) by redesignating paragraph (4) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Responsibility for costs of certain care.--In any
case in which an eligible veteran is furnished hospital care or
medical services under this section for a non-service-connected
disability described in subsection (a)(2) of section 1729 of
title 38, United States Code, the Secretary shall recover or
collect reasonable charges for such care or services from a
health-care plan described in paragraph (3) in accordance with
such section.''.
(b) Conforming Amendment.--Paragraph (1) of such section is amended
by striking ``paragraph (4)'' and inserting ``paragraph (3)''.
(c) Emergency Designations.--
(1) In general.--This section is designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
SEC. 274. REQUIREMENT FOR ADVANCE APPROPRIATIONS FOR THE MEDICAL
COMMUNITY CARE ACCOUNT OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 117(c) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(7) Veterans Health Administration, Medical Community
Care.''.
(b) Conforming Amendment.--Section 1105(a)(37) of title 31, United
States Code, is amended by adding at the end the following new
subparagraph:
``(G) Veterans Health Administration, Medical
Community Care.''.
(c) Applicability.--The amendments made by this section shall apply
to fiscal years beginning on and after October 1, 2016.
SEC. 275. ANNUAL TRANSFER OF AMOUNTS WITHIN DEPARTMENT OF VETERANS
AFFAIRS TO PAY FOR HEALTH CARE FROM NON-DEPARTMENT HEALTH
CARE PROVIDERS.
Section 106 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended by adding
at the end the following new subsection:
``(c) Transfer of Amounts.--During a fiscal year, to accommodate
any variances in demand for hospital care, medical services, or other
health care through non-Department of Veterans Affairs health care
providers, the Secretary of Veterans Affairs may transfer amounts
between the Medical Services appropriations account of the Department
and the appropriations account of the Department for non-Department
provider programs described in section 4003 of the Surface
Transportation and Veterans Health Care Choice Improvement Act of 2015
(Public Law 114-41; 38 U.S.C. 1701 note).''.
SEC. 276. AUTHORIZATION OF USE OF CERTAIN AMOUNTS APPROPRIATED TO THE
VETERANS CHOICE FUND FOR OTHER NON-DEPARTMENT OF VETERANS
AFFAIRS CARE.
(a) In General.--Section 802 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided by
paragraph (3), any'' and inserting ``Any''; and
(ii) by striking ``by the Secretary of
Veterans Affairs'' and all that follows through
the period at the end and inserting ``by the
Secretary of Veterans Affairs--
``(A) to carry out section 101, including, subject
to paragraph (2), any administrative requirements of
such section; and
``(B) to furnish health care to individuals under
chapter 17 of title 38, United States Code, at non-
Department facilities, including pursuant to authority
other than the authority under section 101.''.
(B) by striking paragraph (3) and inserting the
following new paragraphs:
``(3) Treatment of amounts.--Amounts made available to the
Secretary under this subsection shall be used to supplement,
not supplant, amounts made available to the Secretary in
appropriations Acts for the purpose of furnishing health care
at non-Department facilities.
``(4) Non-department facilities defined.--In this
subsection, the term `non-Department facilities' has the
meaning given that term in section 1701 of title 38, United
States Code.''; and
(2) in subsection (d)(1), by striking ``only for the
program'' and all that follows through the period at the end
and inserting ``only for the purposes specified in subsection
(c)(1).''.
(b) Emergency Designations.--
(1) In general.--This section is designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
SEC. 277. APPLICABILITY OF DIRECTIVE OF OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS.
(a) In General.--Notwithstanding the treatment of certain laws
under subsection (h) of section 1703B of title 38, United States Code,
as added by section 272(a) of this Act, Directive 2014-01 of the Office
of Federal Contract Compliance Programs of the Department of Labor
(effective as of May 7, 2014) shall apply to any entity entering into
an agreement under such section 1703B in the same manner as such
directive applies to subcontractors under the TRICARE program for the
duration of the moratorium provided under such directive.
(b) Applicability Period.--The directive described in subsection
(a), and the moratorium provided under such directive, shall not be
altered or rescinded before May 7, 2019.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
Subtitle I--Research on Toxic Exposure
SEC. 281. DEFINITIONS.
In this subtitle:
(1) Armed forces.--The term ``Armed Forces'' means the
United States Army, Navy, Marine Corps, Air Force, and Coast
Guard.
(2) Descendant.--The term ``descendant'' means, with
respect to an individual, the biological child or grandchild of
that individual.
(3) Toxic exposure.--The term ``toxic exposure'' means a
condition in which an individual inhaled or ingested an agent
determined to be hazardous to the health of the individual or
the agent came in contact with the skin or eyes of the
individual in a manner that could be hazardous to the health of
the individual.
(4) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 282. NATIONAL ACADEMY OF MEDICINE ASSESSMENT ON RESEARCH RELATING
TO THE DESCENDANTS OF INDIVIDUALS WITH TOXIC EXPOSURE.
(a) In General.--
(1) Agreement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National Academy
of Medicine under which the National Academy of Medicine
conducts an assessment on scientific research relating to the
descendants of individuals with toxic exposure.
(2) Alternate organization.--
(A) In general.--If the Secretary is unable within
the period prescribed in paragraph (1) to enter into an
agreement described in such paragraph with the National
Academy of Medicine on terms acceptable to the
Secretary, the Secretary shall seek to enter into such
an agreement with another appropriate organization
that--
(i) is not part of the Federal Government;
(ii) operates as a not-for-profit entity;
and
(iii) has expertise and objectivity
comparable to that of the National Academy of
Medicine.
(B) Treatment.--If the Secretary enters into an
agreement with another organization as described in
subparagraph (A), any reference in this section to the
National Academy of Medicine shall be treated as a
reference to the other organization.
(b) Elements.--The assessment conducted pursuant to the agreement
entered into under subsection (a) shall include the following:
(1) A scientific review of the scientific literature
regarding toxicological and epidemiological research on
descendants of individuals with toxic exposure.
(2) An assessment of areas requiring further scientific
study relating to the descendants of veterans with toxic
exposure.
(3) An assessment of the scope and methodology required to
conduct adequate scientific research relating to the
descendants of individuals with toxic exposure, including--
(A) the types of individuals to be studied,
including veterans with toxic exposure and the
descendants of those veterans;
(B) the number of veterans and descendants
described in subparagraph (A) to be studied;
(C) the potential alternatives for participation in
such a study, including whether it would be necessary
for participants to travel in order to participate;
(D) the approximate amount of time and resources
needed to prepare and conduct the research; and
(E) the appropriate Federal agencies to participate
in the research, including the Department of Defense
and the Department of Veterans Affairs.
(4) The establishment of categories, including definitions
for each such category, to be used in assessing the evidence
that a particular health condition is related to toxic
exposure, such as--
(A) sufficient evidence of a causal relationship;
(B) sufficient evidence of an association;
(C) limited or suggestive evidence of an
association;
(D) inadequate or insufficient evidence to
determine whether an association exists; and
(E) limited or suggestive evidence of no
association.
(5) An analysis of--
(A) the feasibility of conducting scientific
research to address the areas that require further
study as described under paragraph (2);
(B) the value and relevance of the information that
could result from such scientific research; and
(C) for purposes of conducting further research,
the feasibility and advisability of accessing
additional information held by a Federal agency that
may be sensitive.
(6) An identification of a research entity or entities
with--
(A) expertise in conducting research on health
conditions of descendants of individuals with toxic
exposure; and
(B) an ability to conduct research on those health
conditions to address areas requiring further
scientific study as described under paragraph (2).
(c) Report.--The agreement entered into under subsection (a) shall
require the National Academy of Medicine to submit, not later than two
years after entering into such agreement, to the Secretary of Veterans
Affairs, the Committee on Veterans' Affairs of the Senate, and the
Committee on Veterans' Affairs of the House of Representatives--
(1) the results of the assessment conducted pursuant to
such agreement, including such recommendations as the National
Academy of Medicine considers appropriate regarding the scope
and methodology required to conduct adequate scientific
research relating to the descendants of veterans with toxic
exposure; and
(2) a determination regarding whether the results of such
assessment indicate that it is feasible to conduct further
research regarding health conditions of descendants of veterans
with toxic exposure, including an explanation of the basis for
the determination.
(d) Certification.--
(1) In general.--Not later than 90 days after receiving the
results of the assessment and determination under subsection
(c), 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 certification of the
understanding of the Secretary, based on such results and
determination, regarding the feasibility of conducting further
research regarding health conditions of descendants of veterans
with toxic exposure that is expressed by such results and
determination.
(2) Basis for certification.--The certification submitted
under paragraph (1) shall include an explanation of the basis
for the certification.
SEC. 283. ADVISORY BOARD ON RESEARCH RELATING TO HEALTH CONDITIONS OF
DESCENDANTS OF VETERANS WITH TOXIC EXPOSURE WHILE SERVING
IN THE ARMED FORCES.
(a) Establishment.--Unless the Secretary of Veterans Affairs
certifies under section 282(d) that the results of the assessment and
determination under section 282(c) indicate that it is not feasible to
conduct further research regarding health conditions of descendants of
veterans with toxic exposure, not later than 180 days after receiving
such results and determination, the Secretary shall establish an
advisory board (in this section referred to as the ``Advisory Board'')
to advise the Secretary in the selection of a research entity or
entities under section 284, advise such entity or entities in
conducting research under such section, and advise the Secretary with
respect to the activities of such entity or entities under such
section.
(b) Membership.--
(1) Composition.--The Secretary, in consultation with the
National Academy of Medicine, the Director of the National
Institute of Environmental Health Sciences, and such other
heads of Federal agencies as the Secretary determines
appropriate--
(A) shall select not more than 13 voting members of
the Advisory Board, of whom--
(i) not less than two shall be members of
organizations exempt from taxation under
section 501(c)(19) of the Internal Revenue Code
of 1986;
(ii) not less than two shall be descendants
of veterans with toxic exposure while serving
as members of the Armed Forces; and
(iii) not less than seven 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
(B) may select not more than two nonvoting members
who are employees of the Federal Government and who are
otherwise described in subparagraph (A)(iii).
(2) Chair.--The Secretary shall select a Chair from among
the members of the Advisory Board selected under paragraph
(1)(A).
(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) advise the Secretary in the selection of a research
entity or entities to conduct research under section 284 from
among those identified under section 282(b)(6);
(2) advise such entity or entities and assess the
activities of such entity or entities in conducting such
research;
(3) develop a research strategy for such entity or entities
based on, but not limited to, the results of the assessment
conducted under section 282;
(4) advise the Secretary with respect to the activities of
such entity or entities under section 284;
(5) submit recommendations to be included by such entity or
entities in the report under section 284(d)(2)(C); and
(6) not less frequently than semiannually, meet with the
Secretary and representatives of such entity or entities on the
research conducted by such entity or entities under section
284.
(d) Meetings.--The Advisory Board shall meet at the call of the
Chair, but not less frequently than semiannually.
(e) Compensation.--The members of the Advisory Board shall serve
without compensation.
(f) Expenses.--The Secretary of Veterans Affairs shall determine
the appropriate expenses of the Advisory Board.
(g) Personnel.--
(1) In general.--The Chair 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 Chair 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. 284. RESEARCH RELATING TO HEALTH CONDITIONS OF DESCENDANTS OF
VETERANS WITH TOXIC EXPOSURE WHILE SERVING IN THE ARMED
FORCES.
(a) In General.--Unless the Secretary of Veterans Affairs certifies
under section 282(d) that the results of the assessment and
determination under section 282(c) indicate that it is not feasible to
conduct further research regarding health conditions of descendants of
veterans with toxic exposure, not later than one year after receiving
such results and determination, the Secretary shall (in consultation
with the advisory board established under section 283 (in this section
referred to as the ``Advisory Board'')) enter into an agreement with
one or more research entities identified under section 282(b)(6)
(excluding an entity of the Department of Veterans Affairs) to conduct
research on health conditions of descendants of veterans with toxic
exposure while serving as members of the Armed Forces (in this section
referred to as the ``research entity or entities'').
(b) Research.--
(1) In general.--To the extent included in the research
strategy developed by the Advisory Board under section
283(c)(3), the research entity or entities shall conduct
research on health conditions of descendants of veterans with
toxic exposure while serving as members of the Armed Forces.
(2) Studies.--In conducting research under paragraph (1),
the research entity or entities may study any veteran, at the
election of the veteran, identified under section 282(b)(3)(A)
as a type of individual to be studied in order to conduct
adequate scientific research relating to the descendants of
veterans with toxic exposure.
(3) Categorization.--In conducting research under paragraph
(1), the research entity or entities shall assess, using the
categories established under section 282(b)(4), the extent to
which a health condition of a descendant of a veteran is
related to the toxic exposure of the veteran while serving as a
member of the Armed Forces.
(c) Availability of Records.--
(1) In general.--The Secretary of Defense, the Secretary of
Veterans Affairs, and the head of each Federal agency
identified under section 282(b)(3)(E) shall make available to
the research entity or entities records held by the Department
of Veterans Affairs, the Department of Defense, the Armed
Forces, that Federal agency, or any other source under the
jurisdiction of any such Federal agency or the Armed Forces, as
appropriate, that the research entity or entities determine are
necessary to carry out this section.
(2) Mechanism for access.--The Secretary of Veterans
Affairs, the Secretary of Defense, and the head of each Federal
agency identified under section 282(b)(3)(E) shall jointly
establish a mechanism for access by the research entity or
entities to records made available under paragraph (1).
(d) Annual Report.--
(1) In general.--Not later than one year after commencing
the conduct of research under this section, and not later than
September 30 each year thereafter, each research entity with
which the Secretary has entered into an agreement under
subsection (a) shall, in consultation with the Advisory Board,
submit to the Secretary of Veterans Affairs, the Committee on
Veterans' Affairs of the Senate, and the Committee on Veterans'
Affairs of the House of Representatives a report on the
functions of such entity under this section during the year
preceding the submittal of the report.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A summary of the research efforts that have
been completed during the year preceding the submittal
of the report and that are ongoing as of the date of
the submittal of the report.
(B) A description of any findings made during such
year in carrying out such research efforts.
(C) Recommendations for administrative or
legislative action made by the Advisory Board based on
such findings, which may include recommendations for
further research under this section.
(3) Upon request.--Upon the request of any organization
exempt from taxation under section 501(c)(19) of the Internal
Revenue Code of 1986, the Secretary of Veterans Affairs may
transmit to such organization a copy of a report received by
the Secretary under paragraph (1).
Subtitle J--Other Health Care Matters
SEC. 291. 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 $180,480,000.
(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 $105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) 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
$16,260,000.
(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, $1,113,802,000 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. 292. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, as amended by section 248(a), is further amended by adding
at the end the following new section:
``Sec. 7330D. Identification and tracking of biological implants
``(a) Standard Identification System for Biological Implants.--(1)
The Secretary shall adopt the unique device identification system
developed for medical devices by the Food and Drug Administration under
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)), or implement a comparable standard identification system, for
use in identifying biological implants intended for use in medical
procedures conducted in medical facilities of the Department.
``(2) In adopting or implementing a standard identification system
for biological implants under paragraph (1), the Secretary shall permit
a vendor to use any of the accredited entities identified by the Food
and Drug Administration as an issuing agency pursuant to section
830.100 of title 21, Code of Federal Regulations, or any successor
regulation.
``(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants described in
subsection (a) from human donor or animal source to implantation.
``(2) The tracking system implemented under paragraph (1) shall be
compatible with the identification system adopted or implemented under
subsection (a).
``(3) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall can be notified of the recall
if, based on the evaluation by appropriate medical personnel of the
Department of the risks and benefits, the Secretary determines such
notification is appropriate.
``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or section 351 or 361 of the Public Health Service Act (42 U.S.C.
262 and 264) (including any regulations issued under such provisions),
the provision of the Federal Food, Drug, and Cosmetic Act or Public
Health Service Act (including any regulations issued under such
provisions) shall apply.
``(d) Biological Implant Defined.--In this section, the term
`biological implant' means any human cell, tissue, or cellular or
tissue-based product or animal product--
``(1) under the meaning given the term `human cells,
tissues, or cellular or tissue-based products' in section
1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
``(2) that is regulated as a device under section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title, as amended by section 248(b), is further
amended by inserting after the item relating to section 7330C the
following new item:
``7330D. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--The Secretary of
Veterans Affairs shall adopt or implement the standard
identification system for biological implants required by
subsection (a) of section 7330D of title 38, United States
Code, as added by subsection (a), with respect to biological
implants described in--
(A) subsection (d)(1) of such section, by not later
than the date that is 180 days after the date of the
enactment of this Act; and
(B) subsection (d)(2) of such section, in
compliance with the compliance dates established by the
Food and Drug Administration under section 519(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by section 7330D(b) of title 38, United States Code, as added
by subsection (a), by not later than the date that is 180 days
after the date of the enactment of this Act.
(d) Reporting Requirement.--
(1) In general.--If the biological implant tracking system
required by section 7330D(b) of title 38, United States Code,
as added by subsection (a), is not operational by the date that
is 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 explaining why
the system is not operational for each month until such time as
the system is operational.
(2) Elements.--Each report submitted under paragraph (1)
shall include a description of the following:
(A) Each impediment to the implementation of the
system described in such paragraph.
(B) Steps being taken to remediate each such
impediment.
(C) Target dates for a solution to each such
impediment.
SEC. 293. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.
(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of title 38,
United States Code, as amended by section 132(a), is further
amended by adding at the end the following new section:
``Sec. 8130. Procurement of biological implants
``(a) In General.--(1) The Secretary may procure biological
implants of human origin only from vendors that meet the following
conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330D(a)
of this title and has safeguards to ensure that a distinct
identifier has been in place at each step of distribution of
each biological implant from its donor.
``(B) The vendor is registered as required by the Food and
Drug Administration under subpart B of part 1271 of title 21,
Code of Federal Regulations, or any successor regulation, and
in the case of a vendor that uses a tissue distribution
intermediary or a tissue processor, the vendor provides
assurances that the tissue distribution intermediary or tissue
processor is registered as required by the Food and Drug
Administration.
``(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
``(D) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(E) The vendor agrees to notify the Secretary of any
adverse event or reaction report it provides to the Food and
Drug Administration, as required by sections 1271.3 and
1271.350 of title 21, Code of Federal Regulations, or any
successor regulation, or any warning letter from the Food and
Drug Administration issued to the vendor or a tissue processor
or tissue distribution intermediary used by the vendor by not
later than 60 days after the vendor receives such report or
warning letter.
``(F) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(G) The vendor provides assurances that the biological
implants provided by the vendor are acquired only from tissue
processors that maintain active accreditation with the American
Association of Tissue Banks or a similar national accreditation
specific to biological implants.
``(2) The Secretary may procure biological implants of nonhuman
origin only from vendors that meet the following conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330D(a)
of this title.
``(B) The vendor is registered as an establishment as
required by the Food and Drug Administration under sections
807.20 and 807.40 of title 21, Code of Federal Regulations, or
any successor regulation (or is not required to register
pursuant to section 807.65(a) of such title, or any successor
regulation), and in the case of a vendor that is not the
original product manufacturer of such implants, the vendor
provides assurances that the original product manufacturer is
registered as required by the Food and Drug Administration (or
is not required to register).
``(C) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(D) The vendor agrees to notify the Secretary of any
adverse event report it provides to the Food and Drug
Administration as required under part 803 of title 21, Code of
Federal Regulations, or any successor regulation, or any
warning letter from the Food and Drug Administration issued to
the vendor or the original product manufacturer used by the
vendor by not later than 60 days after the vendor receives such
report or warning letter.
``(E) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(3)(A) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration unless
such implants are not available under such Schedules.
``(B) With respect to biological implants listed on the Federal
Supply Schedules, the Secretary shall accommodate reasonable vendor
requests to undertake outreach efforts to educate medical professionals
of the Department about the use and efficacy of such biological
implants.
``(C) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation, including
through the use of a national contract.
``(4) In procuring biological implants under this section, the
Secretary shall permit a vendor to use any of the accredited entities
identified by the Food and Drug Administration as an issuing agency
pursuant to section 830.100 of title 21, Code of Federal Regulations,
or any successor regulation.
``(5) Section 8123 of this title shall not apply to the procurement
of biological implants.
``(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
``(c) Definitions.--In this section:
``(1) The term `biological implant' has the meaning given
that term in section 7330D(d) of this title.
``(2) The term `distinct identifier' means a distinct
identification code that--
``(A) relates a biological implant to the human
donor of the implant and to all records pertaining to
the implant;
``(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
``(C) satisfies the requirements of section
1271.290(c) of title 21, Code of Federal Regulations,
or any successor regulation.
``(3) The term `tissue distribution intermediary' means an
agency that acquires and stores human tissue for further
distribution and performs no other tissue banking functions.
``(4) The term `tissue processor' means an entity
processing human tissue for use in biological implants,
including activities performed on tissue other than donor
screening, donor testing, tissue recovery and collection
functions, storage, or distribution.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 81 of such title, as amended by section
132(c), is further amended by inserting after the item relating
to section 8129 the following new item:
``8130. Procurement of biological implants.''.
(b) Effective Date.--Section 8130 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under section
7330D(b) of such title, as added by section 292(a), is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8130 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that effective date may be procured by the
Department of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330D of
such title, as added by section 292(a).
SEC. 294. EXPANSION OF RESEARCH AND EDUCATION ON AND DELIVERY OF
COMPLEMENTARY AND INTEGRATIVE HEALTH TO VETERANS.
(a) Development of Plan To Expand Research, Education, and
Delivery.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall develop a plan to
expand materially and substantially the scope of the effectiveness of
research and education on, and delivery and integration of,
complementary and integrative health services into the health care
services provided to veterans.
(b) Elements.--The plan required by subsection (a) shall provide
for the following:
(1) Research on the following:
(A) The effectiveness of various complementary and
integrative health services, including the
effectiveness of such services integrated with clinical
services.
(B) Approaches to integrating complementary and
integrative health services into other health care
services provided by the Department of Veterans
Affairs.
(2) Education and training for health care professionals of
the Department on the following:
(A) complementary and integrative health services
selected by the Secretary for purposes of the plan.
(B) Appropriate uses of such services.
(C) Integration of such services into the delivery
of health care to veterans.
(3) Research, education, and clinical activities on
complementary and integrative health at centers of innovation
at medical centers of the Department.
(4) Identification or development of metrics and outcome
measures to evaluate the effectiveness of the provision and
integration of complementary and integrative health services
into the delivery of health care to veterans.
(5) Integration and delivery of complementary and
integrative health services with other health care services
provided by the Department.
(c) Consultation.--
(1) In general.--In carrying out subsection (a), the
Secretary shall consult with the following:
(A) The Director of the National Center for
Complementary and Integrative Health of the National
Institutes of Health.
(B) The Commissioner of Food and Drugs.
(C) Institutions of higher education, private
research institutes, and individual researchers with
extensive experience in complementary and integrative
health and the integration of complementary and
integrative health practices into the delivery of
health care.
(D) Nationally recognized providers of
complementary and integrative health.
(E) Such other officials, entities, and individuals
with expertise on complementary and integrative health
as the Secretary considers appropriate.
(2) Scope of consultation.--The Secretary shall undertake
consultation under paragraph (1) in carrying out subsection (a)
with respect to the following:
(A) To develop the plan.
(B) To identify specific complementary and
integrative health practices that, on the basis of
research findings or promising clinical interventions,
are appropriate to include as services to veterans.
(C) To identify barriers to the effective provision
and integration of complementary and integrative health
services into the delivery of health care to veterans,
and to identify mechanisms for overcoming such
barriers.
(d) Complementary and Integrative Health Defined.--In this section,
the term ``complementary and integrative health'' shall have the
meaning given that term in section 211(g).
SEC. 295. PILOT PROGRAM ON INTEGRATION OF COMPLEMENTARY AND INTEGRATIVE
HEALTH WITHIN DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTERS.
(a) Pilot Program Required.--Not later than 180 days after the
completion of the development of the plan under section 294, the
Secretary of Veterans Affairs shall--
(1) carry out, through the Office of Patient Centered Care
and Cultural Transformation of the Department of Veterans
Affairs, a pilot program to assess the feasibility and
advisability of integrating the delivery of complementary and
integrative health services selected by the Secretary with
other health care services provided by the Department for
veterans with mental health conditions, chronic pain
conditions, other chronic conditions, and such other conditions
as the Secretary determines appropriate; and
(2) in developing the pilot program--
(A) use the plan developed under section 294;
(B) identify and, to the extent practicable,
resolve barriers to the provision of complementary and
integrative health services selected by the Secretary
and the integration of those services with other health
care services provided by the Department;
(C) identify 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;
(D) identify means of enhancing outreach, and
coordination of outreach, by and among providers of
health care described in subparagraph (C) regarding the
pain management and related health care services
available to veterans;
(E) identify means of using wellness-based programs
offered by providers of health care described in
subparagraph (C) to complement the provision by the
Department of pain management and related health care
services to veterans; and
(F) assess whether wellness-based programs
described in subparagraph (E)--
(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 of Pilot Program.--The Secretary shall carry out the
pilot program during the three-year period beginning on the date that
is 180 days after the completion of the development of the plan under
section 294.
(c) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than 15 medical centers of the Department.
(2) Polytrauma centers.--Not fewer than two of the medical
centers designated under paragraph (1) shall be located at
polytrauma rehabilitation centers of the Department.
(3) Medical centers with prescription rate of opioids that
conflicts with care standards.--
(A) In general.--In selecting 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.
(B) Prescription rate defined.--In this paragraph,
the term ``prescription rate'' means, with respect to a
medical center of the Department, each of the
following:
(i) The number of patients treated with
opioids at the medical center divided by the
total number of pharmacy users at the medical
center.
(ii) The average number of morphine
equivalents per day prescribed at the medical
center to patients being treated with opioids.
(iii) Of the patients being treated with
opioids at the medical center, the average
number of prescriptions of opioids per patient.
(4) Selection of locations.--In carrying out the pilot
program, the Secretary shall select locations that include the
following areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an
active duty military installation.
(C) Areas representing different geographic
locations, such as census tracts established by the
Bureau of the Census.
(d) Provision of Services.--Under the pilot program, the Secretary
shall provide covered services to covered veterans by integrating
complementary and integrative health services with other services
provided by the Department at the medical centers designated under
subsection (c)(1).
(e) Covered Veterans.--For purposes of the pilot program, 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) Voluntary Participation.--The participation of a veteran in the
pilot program shall be at the election of the veteran and in
consultation with a clinician of the Department.
(h) Report.--
(1) In general.--Not later than 30 months after the date of
the commencement of the pilot program, 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 submitted under paragraph (1)
shall include the following:
(A) The findings and conclusions of the Secretary
with respect to the pilot program, 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) A description of barriers identified under
subsection (a)(2)(B) that were not resolved.
(C) Such recommendations for the continuation or
expansion of the pilot program as the Secretary
considers appropriate.
(i) Complementary and Integrative Health Defined.--In this section,
the term ``complementary and integrative health'' shall have the
meaning given that term in section 211(g).
SEC. 296. REPORT ON PUBLIC ACCESS TO RESEARCH BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than each of 180 days and one year 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 increasing public access to scientific
publications and digital data from research funded by the Department of
Veterans Affairs.
(b) Elements.--Each report submitted under subsection (a) shall
include the following:
(1) An identification of the location or locations in which
the public will be able to access the results of research
funded by the Department, whether on an Internet website of the
Department or through another source.
(2) A description of the progress made by the Department in
meeting public access requirements set forth in the notice
entitled ``Policy and Implementation Plan for Public Access to
Scientific Publications and Digital Data from Research Funded
by the Department of Veterans Affairs'' (80 Fed. Reg. 60751),
including the following:
(A) Compliance of Department investigators with
requirements relating to ensuring that research funded
by the Department is accessible by the public.
(B) Ensuring data management plans of the
Department include provisions for long-term
preservation of the scientific data resulting from
research funded by the Department.
(3) An explanation of the factors used to evaluate the
merit of data management plans of research funded by the
Veterans Health Administration.
(4) An explanation of the process of the Department in
effect that enables stakeholders to petition a change to the
embargo period for a specific field and the factors considered
during such process.
TITLE III--DISABILITY COMPENSATION AND PENSION
SEC. 301. EXPEDITED PAYMENT OF SURVIVOR'S BENEFITS.
(a) In General.--Section 5101(a)(1) of title 38, United States
Code, is amended--
(1) by striking ``A specific'' and inserting ``(A) Except
as provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13 and 15
and sections 2302, 2307, and 5121 of this title to a survivor of a
veteran who has not filed a formal claim if the Secretary determines
that the record contains sufficient evidence to establish the
entitlement of the survivor to such benefits.
``(ii) For purposes of this subparagraph and section 5110 of this
title, the earlier of the following dates shall be treated as the date
of the receipt of the survivor's application for benefits described in
clause (i):
``(I) The date on which the survivor of a veteran (or the
representative of such a survivor) notifies the Secretary of
the death of the veteran through a death certificate or other
relevant evidence that establishes entitlement to survivors
benefits identified in clause (i).
``(II) The head of any other department or agency of the
Federal Government notifies the Secretary of the death of the
veteran.
``(iii) In notifying the Secretary of the death of a veteran as
described in clause (ii)(I), the survivor (or the representative of
such a survivor) may submit to the Secretary additional documents
relating to such death without being required to file a formal
claim.''.
(b) Report.--
(1) In general.--Not later than one year 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 benefits paid pursuant to covered
claims.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) The number of covered claims adjudicated during
the one-year period preceding the date of the report,
disaggregated by the following:
(i) Claims in which the claimant claimed
entitlement to benefits under chapters 13 or 15
or sections 2302, 2307, or 5121 of title 38,
United States Code, on the basis of the
claimant's status as the spouse of a deceased
veteran.
(ii) Claims in which the claimant claimed
entitlement to such benefits on the basis of
the claimant's status as the child of a
deceased veteran.
(iii) Claims in which the claimant claimed
entitlement to such benefits on the basis of
the claimant's status as the parent of a
deceased veteran.
(B) The number of covered claims that were
adjudicated during such period and for which such
benefits were not awarded, disaggregated by clauses (i)
through (iii) of subparagraph (A).
(C) A comparison of the accuracy and timeliness of
covered claims adjudicated during such period with
noncovered claims filed by survivors of a veteran.
(D) The findings of the Secretary with respect to
adjudicating covered claims.
(E) Such recommendations as the Secretary may have
for legislative or administrative action to improve the
adjudication of claims submitted to the Secretary for
benefits under chapters 13 and 15 and sections 2302,
2307, and 5121 of title 38, United States Code.
(3) Covered claim defined.--In this subsection, the term
``covered claim'' means a claim covered by section
5101(a)(1)(B) of title 38, United States Code, as added by
subsection (a).
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to claims for benefits based on a death occurring on
or after the date of the enactment of this Act.
SEC. 302. INCREASE IN SPECIAL PENSION FOR MEDAL OF HONOR RECIPIENTS.
(a) In General.--Section 1562(a) of title 38, United States Code,
is amended by striking ``$1,000'' and inserting ``$3,000''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date that is--
(A) except as provided in subparagraph (B), one
year after the date of the enactment of this Act; and
(B) in the case that the date that is one year
after the date of the enactment of this Act is not the
first day of a month, the first day of the first month
beginning after the date that is one year after the
date of the enactment of this Act.
(2) Delay of annual cost of living adjustment.--
(A) In general.--The Secretary shall not make an
increase pursuant to section 1562(e) of such title
effective December 1, 2016, if the amendment made by
subsection (a) takes effect before such date.
(B) Resumption.--In the case that the Secretary,
pursuant to subparagraph (A), does not make an increase
pursuant to section 1562(e) of such title effective
December 1, 2016, the Secretary shall resume making
increases pursuant to such section with the first such
increase effective December 1, 2017.
SEC. 303. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A)(i) Upon request for a hearing, the Board shall determine,
for purposes of scheduling the hearing for the earliest possible date,
whether a hearing before the Board will be held at its principal
location or at a facility of the Department or other appropriate
Federal facility located within the area served by a regional office of
the Department.
``(ii) The Board shall also determine whether to provide a hearing
through the use of the facilities and equipment described in subsection
(e)(1) or by the appellant personally appearing before a Board member
or panel.
``(B)(i) The Board shall notify the appellant of the determinations
of the location and type of hearing made under subparagraph (A).
``(ii) Upon notification, the appellant may request a different
location or type of hearing as described in such subparagraph.
``(iii) If so requested, the Board shall grant such request and
ensure that the hearing is scheduled at the earliest possible date
without any undue delay or other prejudice to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the facilities and
equipment described in paragraph (1) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''.
SEC. 304. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF MEDICAL
DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS.
(a) Extension of Temporary Authority.--Subsection (c) of section
704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is
amended by striking ``December 31, 2016'' and inserting ``December 31,
2017''.
(b) Licensure of Contract Physicians.--
(1) Temporary authority.--Such section 704 is further
amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
new subsection (d):
``(d) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph (2)
may conduct an examination pursuant to a contract entered into
under subsection (b) at any location in any State, the District
of Columbia, or a Commonwealth, territory, or possession of the
United States, so long as the examination is within the scope
of the authorized duties under such contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to
practice the health care profession of the physician;
``(B) is not barred from practicing such health
care profession in any State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
``(C) is performing authorized duties for the
Department of Veterans Affairs pursuant to a contract
entered into under subsection (b).''.
(2) Pilot program.--Section 504 of the Veterans' Benefits
Improvement Act of 1996 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph (2)
may conduct an examination pursuant to a contract entered into
under subsection (a) at any location in any State, the District
of Columbia, or a Commonwealth, territory, or possession of the
United States, so long as the examination is within the scope
of the authorized duties under such contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to
practice the health care profession of the physician;
``(B) is not barred from practicing such health
care profession in any State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
``(C) is performing authorized duties for the
Department of Veterans Affairs pursuant to a contract
entered into under subsection (a).''.
SEC. 305. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON FULLY
DEVELOPED APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file a fully developed appeal under the pilot
program by filing with the Secretary all of the following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code, along with the written
election of the claimant to have the appeal determined
under the pilot program.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(2) Timing.--A claimant shall make an election under
paragraph (1) as part of the notice of disagreement filed by
the claimant in accordance with paragraph (1)(A).
(3) Triage.--The Secretary shall, upon expiration of the
period specified in subsection (c)(3)(C), ensure that an
assessment is undertaken of whether an appeal filed under
paragraph (1) of this subsection satisfies the requirements for
appeal under the pilot program and provide appropriate
notification to the claimant of the results of that assessment.
(4) Reversion.--
(A) Elected reversion.--At any time, a claimant who
makes an election under paragraph (1) may elect to
revert to the standard appeals process. Such a
reversion shall be final.
(B) Automatic reversion.--A claimant described in
subparagraph (A), or a claimant who makes an election
under paragraph (1) but is later determined to be
ineligible for the pilot program under subsection (a),
shall revert to the standard appeals process without
any penalty to the claimant other than the loss of the
docket number associated with the fully developed
appeal.
(5) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall conduct outreach as follows:
(A) The Secretary shall provide to the claimant
(and to the representative of record of the claimant,
if any) information regarding--
(i) the pilot program, including the
advantages and disadvantages of the program;
(ii) how to make an election under
paragraph (1);
(iii) the limitation on the use of new
evidence described in paragraph (3) of
subsection (c) and the development of
information under paragraph (4) of such
subsection;
(iv) the ability of the claimant to seek
advice and education regarding such process
from veterans service organizations, attorneys,
and claims agents recognized under chapter 59
of title 38, United States Code; and
(v) the circumstances under which the
appeal will automatically revert to the
standard appeals process, including by making a
request for a hearing.
(B) The Secretary shall collaborate, partner with,
and give weight to the advice of the three veterans
service organizations with the most members and such
other stakeholders as the Secretary considers
appropriate to publish on the Internet website of the
Department of Veterans Affairs an online tutorial
explaining the advantages and disadvantages of the
pilot program.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file a
fully developed appeal pursuant to subsection (b)(1), the
Secretary shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the fully developed
appeal directly to the Board of Veterans' Appeals.
(2) Docket.--
(A) In general.--The Board of Veterans' Appeals
shall--
(i) maintain fully developed appeals on a
separate docket than standard appeals;
(ii) decide fully developed appeals in the
order that the fully developed appeals are
received on the fully developed appeal docket;
(iii) except as provided by subparagraph
(B), decide not more than one fully developed
appeal for each four standard appeals decided;
and
(iv) to the extent practicable, decide each
fully developed appeal by the date that is one
year following the date on which the claimant
files the notice of disagreement.
(B) Adjustment.--Beginning one year after the date
on which the pilot program commences, the Board may
adjust the number of standard appeals decided for each
fully developed appeal under subparagraph (A)(iii) if
the Board determines that such adjustment is fair for
both standard appeals and fully developed appeals.
(3) Limitation on use of new evidence.--
(A) In general.--Except as provided by
subparagraphs (B) and (C)--
(i) a claimant may not submit or identify
to the Board of Veterans' Appeals any new
evidence relating to a fully developed appeal
after filing such appeal unless the claimant
reverts to the standard appeals process
pursuant to subsection (b)(4); and
(ii) if a claimant submits or identifies
any such new evidence, such submission or
identification shall be deemed to be an
election to make such a reversion pursuant to
subsection (b)(4).
(B) Evidence gathered by board.--Subparagraph (A)
shall not apply to evidence developed pursuant to
paragraphs (4) and (5). The Board shall consider such
evidence in the first instance without consideration by
the Veterans Benefits Administration.
(C) Representative of record.--The representative
of record of a claimant for appeals purposes, if any,
shall be provided an opportunity to review the fully
developed appeal of the claimant and submit any
additional arguments or evidence that the
representative determines necessary during a period
specified by the Board for purposes of this
subparagraph.
(4) Prohibition on remand for additional development.--If
the Board of Veterans' Appeals determines that a fully
developed appeal requires Federal records, independent medical
opinions, or new medical examinations, the Board shall--
(A) in accordance with paragraph (5), take such
actions as may be necessary to develop such records,
opinions, or examinations in accordance with section
5103A of title 38, United States Code;
(B) retain jurisdiction of the fully developed
appeal without requiring a determination by the
Veterans Benefits Administration based on such records,
opinions, or examinations;
(C) ensure the claimant, and the representative of
record of a claimant, if any, receives a copy of such
records, opinions, or examinations; and
(D) provide the claimant a period of 90 days after
the date of mailing such records, opinions, or
examinations during which the claimant may provide the
Board any additional evidence without requiring the
claimant to make a reversion pursuant to subsection
(b)(4).
(5) Development unit.--
(A) Establishment.--The Board of Veterans' Appeals
shall establish an office to develop Federal records,
independent medical opinions, and new medical
examinations pursuant to paragraph (4)(A) that the
Board determines necessary to decide a fully developed
appeal.
(B) Requirements.--The Secretary shall--
(i) ensure that the Veterans Benefits
Administration cooperates with the Board of
Veterans' Appeals in carrying out subparagraph
(A); and
(ii) transfer employees of the Veterans
Benefits Administration who, prior to the
enactment of this Act, were responsible for
processing claims remanded by the Board of
Veterans' Appeals to positions within the
office of the Board established under
subparagraph (A) in a number the Secretary
determines sufficient to carry out such
subparagraph.
(6) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Secretary may not provide hearings with
respect to fully developed appeals under the pilot program. If
a claimant requests to hold a hearing pursuant to such section
7107, such request shall be deemed to be an election to revert
to the standard appeals process pursuant to subsection (b)(4).
(d) Duration; Applicability.--
(1) Duration.--The Secretary shall carry out the pilot
program during a five-year period beginning not later than one
year after the date of the enactment of this Act.
(2) Applicability.--This section shall apply only to fully
developed appeals that are filed during the period in which the
pilot program is carried out pursuant to paragraph (1).
(e) Annual Reports.--
(1) In general.--During each year in which the pilot
program is carried out, 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. The first such report shall be submitted
by not later than 180 days after the date on which the pilot
program commences.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) For the period covered by the report--
(i) the number of fully developed appeals
filed under the pilot program;
(ii) the average processing time for each
such appeal adjudicated by the Board of
Veterans' Appeals, disaggregated by each phase
of the appeal, and, if the processing time for
appeals exceed one year, the reasons for such
processing time;
(iii) a summary of reasons for which the
development of evidence was required under
subsection (c)(5);
(iv) the number of issues decided,
disaggregated by the disposition of the issue;
(v) of the number identified in clause
(iv), the number of issues for which evidence
was not so developed, disaggregated by the
disposition of the issue;
(vi) of the number of fully developed
appeals decided by the Board of Veterans'
Appeals, the number of cases from each agency
of original jurisdiction, the total number of
issues allowed, and the total number of issues
denied from those cases;
(vii) the number of fully developed appeals
appealed to the Court of Appeals for Veterans
Claims, disaggregated by the disposition of the
case;
(viii) the number of reversions made under
subsection (b)(4);
(ix) any reasons for why a claimant was
determined to be ineligible to participate in
the pilot program; and
(x) to the extent practicable, a
qualitative assessment of the results achieved
by claimants through the pilot program compared
to results achieved by claimants through the
standard appeal process.
(B) A review, made in conjunction with veterans
service organizations and such other stakeholders as
the Secretary considers appropriate, of the efforts of
the Secretary to provide clear rating decisions and
improve disability rating notification letters,
including with respect to--
(i) the opinions of veterans service
organizations and such other stakeholders as
the Secretary considers appropriate regarding
such efforts; and
(ii) how the pilot program improves such
efforts.
(C) A recommendation for such legislative or
administrative action as the Secretary considers may
improve the pilot program.
(D) An assessment of the feasibility and
advisability of expanding the pilot program.
(f) Regulations.--The Secretary shall prescribe such regulations as
may be necessary to carry out the pilot program.
(g) Definitions.--In this section:
(1) Claimant.--The term ``claimant'' has the meaning given
that term in section 5100 of title 38, United States Code.
(2) Compensation.--The term ``compensation'' has the
meaning given that term in section 101 of title 38, United
States Code.
(3) Fully developed appeal.--The term ``fully developed
appeal'' means an appeal of a claim for disability compensation
that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) Standard appeal.--The term ``standard appeal'' means an
appeal of a claim for disability compensation that is not a
fully developed appeal.
SEC. 306. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS PUBLISH THE
AVERAGE TIME REQUIRED TO ADJUDICATE TIMELY AND UNTIMELY
APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of
Veterans Affairs shall make available to the public the
following:
(A) The average length of time to adjudicate a
timely appeal.
(B) The average length of time to adjudicate an
untimely appeal.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is one year after the date of the enactment of this
Act and shall apply until the date that is three years after
the date of the enactment of this Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of
the enactment of this Act, 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 whether publication pursuant to subsection (a)(1) has had an
effect on the number of timely appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and timely appeals that
were filed during the one-year period ending on the
effective date specified in subsection (a)(2).
(B) The number of appeals and timely appeals that
were filed during the one-year period ending on the
date that is two years after the effective date
specified in subsection (a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of
disagreement filed pursuant to section 7105(a) of title 38,
United States Code, in response to notice of the result of an
initial review or determination regarding a claim for a benefit
under a law administered by the Secretary of Veterans Affairs.
(2) Timely.--The term ``timely'' with respect to an appeal
means that the notice of disagreement was filed not more than
180 days after the date of mailing of the notice of the result
of the initial review or determination described in paragraph
(1).
(3) Untimely.--The term ``untimely'' with respect to an
appeal means the notice of disagreement was filed more than 180
days after the date of mailing of the notice of the result of
the initial review or determination described in paragraph (1).
SEC. 307. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING PERFORMANCE
OF REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the effective
date specified in subsection (e), the Comptroller General of the United
States shall complete a review of the regional offices of the Veterans
Benefits Administration to help the Veterans Benefits Administration
achieve more consistent performance in the processing of claims for
disability compensation.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) An identification of the following:
(A) The factors, including management practices,
that distinguish higher performing regional offices
from other regional offices with respect to claims for
disability compensation.
(B) The best practices employed by higher
performing regional offices that distinguish the
performance of such offices from other regional
offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve
the performance of regional offices.
(2) An assessment of the effectiveness of communication
with respect to the processing of claims for disability
compensation between the regional offices and veterans service
organizations and caseworkers employed by Members of Congress.
(c) Report.--Not later than 15 months after the effective date
specified in subsection (e), the Comptroller General 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
results of the review completed under subsection (a).
(d) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
(e) Effective Date.--This section shall take effect on the date
that is 270 days after the date of the enactment of this Act.
SEC. 308. REPORT ON PARTICIPATION OF VETERANS SERVICE ORGANIZATIONS IN
TRANSITION ASSISTANCE PROGRAM.
(a) Report Required.--Not later than 540 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on participation of veterans service organizations in
the program carried out under section 1144 of title 10, United States
Code.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) An assessment of the compliance of facilities of the
Department of Defense with the directives included in the
memorandum of the Secretary of Defense entitled ``Installation
Access and Support Services for Nonprofit Non-Federal
Entities'' and dated December 23, 2014.
(2) The number of military bases that have complied with
such directives.
(3) How many veterans service organizations have been
present at a portion of a program as described in subsection
(a).
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
SEC. 309. INCLUSION IN ANNUAL BUDGET SUBMISSION OF INFORMATION ON
CAPACITY OF VETERANS BENEFITS ADMINISTRATION TO PROCESS
BENEFITS CLAIMS.
(a) In General.--Along with the supporting information included in
the budget submitted to Congress by the President pursuant to section
1105(a) of title 31, United States Code, the President shall include
information on the capacity of the Veterans Benefits Administration to
process claims for benefits under the laws administered by the
Secretary of Veterans Affairs, including information described in
subsection (b), during the fiscal year covered by the budget with which
the information is submitted.
(b) Information Described.--The information described in this
subsection is the following:
(1) An estimate of the average number of claims for
benefits under the laws administered by the Secretary,
excluding such claims completed during mandatory overtime, that
a single full-time equivalent employee of the Administration
should be able to process in a year, based on the following:
(A) A time and motion study that the Secretary
shall conduct on the processing of such claims.
(B) Such other information relating to such claims
as the Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the
Secretary under paragraph (2) in the previous year and an
identification of the effects of those actions.
(c) Effective Date.--This section shall apply with respect to any
budget submitted as described in subsection (a) with respect to any
fiscal year after fiscal year 2017.
SEC. 310. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF DEPARTMENT
OF VETERANS AFFAIRS AFTER TRANSITION TO NATIONAL WORK
QUEUE.
Not later than 15 months 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 criteria and procedures
that the Secretary will use to determine appropriate staffing levels at
the regional offices of the Department once the Department has
transitioned to using the National Work Queue for the distribution of
the claims processing workload.
SEC. 311. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS BENEFITS
MANAGEMENT SYSTEM.
(a) In General.--Not later than each of one year, two years, and
three years after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to Congress a report on the progress
of the Secretary in implementing the Veterans Benefits Management
System.
(b) Contents.--Each report required by subsection (a) shall include
the following:
(1) An assessment of the current functionality of the
Veterans Benefits Management System.
(2) Recommendations submitted to the Secretary by employees
of the Department of Veterans Affairs who are involved in
processing claims for benefits under the laws administered by
the Secretary, including veterans service representatives,
rating veterans service representatives, and decision review
officers, for such legislative or administrative action as the
employees consider appropriate to improve the processing of
such claims.
(3) Recommendations submitted to the Secretary by veterans
service organizations who use the Veterans Benefits Management
System for such legislative or administrative action as the
veterans service organizations consider appropriate to improve
such system.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
SEC. 312. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS TO REDUCE
INVENTORY OF NON-RATING WORKLOAD.
Not later than 120 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 that details the plans of the
Secretary to reduce the inventory of work items listed in the Monday
Morning Workload Report under End Products 130, 137, 173, 290, 400,
600, 607, 690, 930, and 960.
SEC. 313. SENSE OF CONGRESS ON INCREASED TRANSPARENCY RELATING TO
CLAIMS FOR BENEFITS AND APPEALS OF DECISIONS RELATING TO
BENEFITS IN MONDAY MORNING WORKLOAD REPORT.
It is the sense of Congress that the Secretary of Veterans Affairs
should include in each Monday Morning Workload Report published by the
Secretary the following:
(1) With respect to each regional office of the Department
of Veterans Affairs, the following:
(A) The number of fully developed claims for
benefits under the laws administered by the Secretary
that have been received.
(B) The number of claims described in subparagraph
(A) that are pending a decision.
(C) The number of claims described in subparagraph
(A) that have been pending a decision for more than 125
days.
(2) Enhanced information on appeals of decisions relating
to claims for benefits under the laws administered by the
Secretary that are pending, including information contained in
the reports of the Department entitled ``Appeals Pending'' and
``Appeals Workload By Station''.
SEC. 314. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR
LIFE.
(a) Findings.--Congress makes the following findings:
(1) There are at least 4,200,000 veterans currently living
with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many cases
must rely on the support of their families and friends when
these visible and invisible burdens become too much to bear
alone.
(3) October 5, which is the anniversary of the dedication
of the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their
service in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate programs
and activities.
SEC. 315. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION RELATING TO
CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY
MILITARY SEXUAL TRAUMA.
(a) In General.--It is the sense of Congress that the Secretary of
Veterans Affairs should submit to Congress information on the covered
claims submitted to the Secretary during each fiscal year, including
the information specified in subsection (b).
(b) Elements.--The information specified in this subsection with
respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered
by the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number
and percentage of such claims--
(A) submitted by each sex;
(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each sex, of
claims assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of title 38, United
States Code, for such denials; and
(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
(5) The number of covered claims that, as of the end of
such fiscal year, are pending and, separately, the number of
such claims on appeal.
(6) The average number of days that covered claims take to
complete beginning on the date on which the claim is submitted.
(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
(c) Definitions.--In this section:
(1) Covered claims.--The term ``covered claims'' means
claims for disability compensation submitted to the Secretary
based on post-traumatic stress disorder alleged to have been
incurred or aggravated by military sexual trauma.
(2) Military sexual trauma.--The term ``military sexual
trauma'' shall have the meaning specified by the Secretary for
purposes of this section and shall include ``sexual
harassment'' (as so specified).
TITLE IV--EDUCATION
Subtitle A--Educational Assistance and Vocational Rehabilitation
SEC. 401. CLARIFICATION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN
DAVID FRY SCHOLARSHIP.
(a) In General.--Section 701(d) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1796; 38
U.S.C. 3311 note) is amended to read as follows:
``(d) Applicability.--
``(1) In general.--The amendments made by this section
shall apply with respect to a quarter, semester, or term, as
applicable, commencing on or after January 1, 2015.
``(2) Deaths that occurred between september 11, 2001, and
december 31, 2005.--For purposes of section 3311(f)(2) of title
38, United States Code, any member of the Armed Forces who died
during the period beginning on September 11, 2001, and ending
on December 31, 2005, is deemed to have died on January 1,
2006.''.
(b) Election on Receipt of Certain Benefits.--Section 3311(f) of
title 38, United States Code, is amended--
(1) in paragraph (3), by striking ``A surviving spouse''
and inserting ``Except as provided in paragraph (4), a
surviving spouse'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exception for certain elections.--
``(A) In general.--An election made under paragraph
(3) by a spouse described in subparagraph (B) may not
be treated as irrevocable if such election occurred
before the date of the enactment of this paragraph.
``(B) Eligible surviving spouse.--A spouse
described in this subparagraph is an individual--
``(i) who is entitled to assistance under
subsection (a) pursuant to paragraph (9) of
subsection (b); and
``(ii) who was the spouse of a member of
the Armed Forces who died during the period
beginning on September 11, 2001, and ending on
December 31, 2005.''.
(c) Technical Amendment.--Paragraph (5) of subsection (f) of
section 3311 of title 38, United States Code, as redesignated by
subsection (b)(2), is amended by striking ``that paragraph'' and
inserting ``paragraph (9) of subsection (b)''.
(d) Yellow Ribbon G.I. Education Enhancement Program.--Section
3317(a) of such title is amended by striking ``paragraphs (1) and (2)
of section 3311(b)'' and inserting ``paragraphs (1), (2), and (9) of
section 3311(b) of this title''.
SEC. 402. RESTORATION OF ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE FOR VETERANS AFFECTED BY CLOSURES OF
EDUCATIONAL INSTITUTIONS.
(a) Educational Assistance.--
(1) In general.--Section 3312 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Discontinuation of Education Due to Closure of Educational
Institution.--
``(1) In general.--Any payment of educational assistance
described in paragraph (2) shall not--
``(A) be charged against any entitlement to
educational assistance of the individual concerned
under this chapter; or
``(B) be counted against the aggregate period for
which section 3695 of this title limits the
individual's receipt of educational assistance under
this chapter.
``(2) Description of payment of educational assistance.--
Subject to paragraph (3), the payment of educational assistance
described in this paragraph is the payment of such assistance
to an individual for pursuit of a course or courses under this
chapter if the Secretary finds that the individual--
``(A) was forced to discontinue such course pursuit
as a result of a permanent closure of an educational
institution; and
``(B) did not receive credit, or lost training
time, toward completion of the program of education
being pursued at the time of such closure.
``(3) Period for which payment not charged.--The period for
which, by reason of this subsection, educational assistance is
not charged against entitlement or counted toward the
applicable aggregate period under section 3695 of this title
shall not exceed the aggregate of--
``(A) the portion of the period of enrollment in
the course or courses from which the individual failed
to receive credit or with respect to which the
individual lost training time, as determined under
paragraph (2)(B), and
``(B) the period by which a monthly stipend is
extended under section 3680(a)(2)(B) of this title.''.
(2) Applicability.--Subsection (d) of such section, as
added by paragraph (1), shall apply with respect to courses and
programs of education discontinued as described in paragraph
(2) of such subsection in fiscal year 2015 or any fiscal year
thereafter.
(b) Monthly Housing Stipend.--
(1) In general.--Section 3680(a) of such title is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter before subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when schools are temporarily closed
under an established policy based on an Executive order of the
President or due to an emergency situation, except that the
total number of weeks for which allowances may continue to be
so payable in any 12-month period may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent school closure, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the school closure occurred; and
``(ii) the date that is 4 months after the date of
the school closure.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
section, as redesignated, is amended by striking ``described in
subclause (A) of this clause'' and inserting ``described in
clause (i)''.
SEC. 403. CONSIDERATION OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL
ASSISTANCE FOR CERTAIN TIME ON ACTIVE DUTY IN RESERVE
COMPONENTS OF ARMED FORCES.
(a) In General.--Section 3301(1)(B) of title 38, United States
Code, is amended by striking ``12302, or 12304'' and inserting
``12301(h), 12302, 12304, 12304a, or 12304b''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall--
(1) take effect on the date that is one year after the date
of the enactment of this Act;
(2) apply with respect to assistance provided under chapter
33 of such title on and after the date that is one year after
the date of the enactment of this Act; and
(3) apply with respect to any member of a reserve component
of the Armed Forces who serves or has served on active duty
under section 12301(h), 12304a, or 12304b of title 10, United
States Code, before, on, or after the date of the enactment of
this Act.
SEC. 404. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code,
is amended--
(1) by inserting ``(1)'' before ``A rehabilitation''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraph (B), to the maximum
extent practicable, a course of education or training may be pursued by
a veteran as part of a rehabilitation program under this chapter only
if the course is approved for purposes of chapter 30 or 33 of this
title.
``(B) The Secretary may waive the requirement under subparagraph
(A) to the extent the Secretary determines appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a course of education or training pursued by a
veteran who first begins a program of rehabilitation under chapter 31
of title 38, United States Code, on or after the date that is one year
after the date of the enactment of this Act.
SEC. 405. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
404, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary.
``(2) In evaluating need for purposes of this subsection, the
Secretary shall consider disability ratings, the severity of employment
handicaps, qualification for a program of independent living services
and assistance, income, and such other factors as the Secretary
considers appropriate.
``(3) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 406. CODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/
11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 of title 38, United
States Code, is amended--
(1) by redesignating section 3325 as section 3326; and
(2) by inserting after section 3324 the following new
section 3325:
``Sec. 3325. Election to receive educational assistance
``(a) Individuals Eligible to Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive educational
assistance under this chapter if such individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance
under chapter 30 of this title and has used, but
retains unused, entitlement under that chapter;
``(B) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 and has used,
but retains unused, entitlement under the applicable
chapter;
``(C) is entitled to basic educational assistance
under chapter 30 of this title but has not used any
entitlement under that chapter;
``(D) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 but has not used
any entitlement under such chapter;
``(E) is a member of the Armed Forces who is
eligible for receipt of basic educational assistance
under chapter 30 of this title and is making
contributions toward such assistance under section
3011(b) or 3012(c) of this title; or
``(F) is a member of the Armed Forces who is not
entitled to basic educational assistance under chapter
30 of this title by reason of an election under section
3011(c)(1) or 3012(d)(1) of this title; and
``(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective as of
the first month beginning on or after the date of an election under
subsection (a) of an individual described by paragraph (1)(E) of that
subsection, the obligation of the individual to make contributions
under section 3011(b) or 3012(c) of this title, as applicable, shall
cease, and the requirements of such section shall be deemed to be no
longer applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a) makes
an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall be
available to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
``(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not revoked by
an individual in accordance with that paragraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement under
section 3020 of this title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the provisions
of this chapter, instead of basic educational assistance under
chapter 30 of this title, or educational assistance under
chapter 107, 1606, or 1607 of title 10, as applicable.
``(2) Limitation on entitlement for certain individuals.--
In the case of an individual making an election under
subsection (a) who is described by paragraph (1)(A) of that
subsection, the number of months of entitlement of the
individual to educational assistance under this chapter shall
be the number of months equal to--
``(A) the number of months of unused entitlement of
the individual under chapter 30 of this title, as of
the date of the election, plus
``(B) the number of months, if any, of entitlement
revoked by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain entitled
to such educational assistance in accordance with the
provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1) (as
determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to the
individual under this chapter as a monthly stipend payable
under paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a monthly
stipend under the applicable paragraph increased by the amount
equal to--
``(A) the total amount of contributions toward
basic educational assistance made by the individual
under section 3011(b) or 3012(c) of this title, as of
the date of the election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of
entitlement to basic educational
assistance under chapter 30 of this
title remaining to the individual at
the time of the election; plus
``(II) the number of months, if
any, of entitlement under chapter 30
revoked by the individual under
subsection (c)(1); and
``(ii) the denominator of which is 36
months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by paragraph
(1) who is described by subsection (a)(1)(E), the number of
months of entitlement to basic educational assistance remaining
to the individual for purposes of paragraph (1)(B)(i)(II) shall
be 36 months.
``(3) Timing of payment.--The amount payable with respect
to an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under paragraphs (2) through
(7) of that section (as applicable), before the exhaustion of
the individual's entitlement to educational assistance under
this chapter.
``(g) Continuing Entitlement to Additional Assistance for Critical
Skills or Speciality and Additional Service.--An individual making an
election under subsection (a)(1) who, at the time of the election, is
entitled to increased educational assistance under section 3015(d) of
this title, or section 16131(i) of title 10, or supplemental
educational assistance under subchapter III of chapter 30 of this
title, shall remain entitled to such increased educational assistance
or supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an amount
equal to the quarter, semester, or term, as applicable, equivalent of
the monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who, on or
after January 1, 2016, submits to the Secretary an election
under this section that the Secretary determines is clearly
against the interests of the individual, or who fails to make
an election under this section, the Secretary may make an
alternative election on behalf of the individual that the
Secretary determines is in the best interests of the
individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after making
such election and shall provide the individual with a 30-day
period, beginning on the date of the individual's receipt of
such notice, during which the individual may modify or revoke
the election made by the Secretary on the individual's behalf.
The Secretary shall include, as part of such notice, a clear
statement of why the alternative election made by the Secretary
is in the best interests of the individual as compared to the
election submitted by the individual. The Secretary shall
provide the notice required under this paragraph by electronic
means whenever possible.
``(i) Irrevocability of Elections.--An election under subsection
(a) or (c)(1) is irrevocable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 3325
and inserting the following new items:
``3325. Election to receive educational assistance.
``3326. Reporting requirement.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-
9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252;
38 U.S.C. 3301 note) is hereby repealed.
SEC. 407. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) of title 38, United States Code, is amended by
striking ``June 30, 2013'' each place it appears and inserting ``June
30, 2013, or the period beginning on June 30, 2016, and ending on June
30, 2021''.
SEC. 408. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE DURING
CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY.
(a) Educational Assistance Allowance.--Section 16131(c)(3)(B)(i) of
title 10, United States Code, is amended by striking ``or 12304'' and
inserting ``12304, 12304a, or 12304b''.
(b) Expiration Date.--Section 16133(b)(4) of such title is amended
by striking ``or 12304'' and inserting ``12304, 12304a, or 12304b''.
SEC. 409. ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS OF ARMED FORCES WHO LOST
ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER RESERVE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Election.--Section 16167 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance.--A member
who loses eligibility for benefits under this chapter pursuant to
subsection (b) shall be allowed to elect (in such form and manner as
the Secretary of Veterans Affairs may prescribe) to have such service
previously credited toward this chapter credited towards establishing
eligibility for educational assistance under chapter 33 of title 38,
United States Code, notwithstanding the provisions of section 16163(e)
of this title or section 3322(h)(1) of title 38.''.
(b) Qualification of Service.--Section 3301(1) of title 38, United
States Code, shall be construed to include, in the case of a member of
a reserve component of the Armed Forces who, before November 25, 2015,
established eligibility for educational assistance under chapter 1607
of title 10, United States Code, pursuant to section 16163(a)(1) of
such title, but lost eligibility for such educational assistance
pursuant to section 16167(b) of such title, service on active duty (as
defined in section 101 of such title) that satisfies the requirements
of section 16163(a)(1) of such title.
(c) Entitlement.--Section 3311(b)(8) of title 38, United States
Code, shall be construed to include an individual who, before November
25, 2015, established eligibility for educational assistance under
chapter 1607 of title 10, United States Code, pursuant to section
16163(b) of such title, but lost such eligibility pursuant to section
16167(b) of such title.
(d) Duration.--Notwithstanding section 3312 of title 38, United
States Code, an individual who establishes eligibility for educational
assistance under chapter 33 of such title by crediting towards such
chapter service previously credited towards chapter 1607 of title 10,
United States Code, is only entitled to a number of months of
educational assistance under section 3313 of title 38, United States
Code, equal to the number of months of entitlement remaining under
chapter 1607 of title 10, United States Code, at the time of conversion
to chapter 33 of title 38, United States Code.
SEC. 410. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 33 of title 38, United States Code, as
amended by section 406, is further amended--
(1) in subsection 3326(c), as redesignated--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) the information received by the Secretary under
section 3327 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3327. Report on student progress
``As a condition on approval under chapter 36 of this title of a
course offered by an educational institution (as defined in section
3452 of this title), each year, each educational institution (as so
defined) that received a payment in that year on behalf of an
individual entitled to educational assistance under this chapter shall
submit to the Secretary such information regarding the academic
progress of the individual as the Secretary may require.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 406, is further amended by adding
at the end the following new item:
``3327. Report on student progress.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
Subtitle B--Administration of Educational Assistance
SEC. 421. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN
GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL
INSTITUTIONS.
(a) In General.--Section 3684(a) of title 38, United States Code,
is amended--
(1) in paragraph (1), by inserting ``32, 33,'' after
``31,''; and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `educational
institution' may include a group, district, or consortium of separately
accredited educational institutions located in the same State that are
organized in a manner that facilitates the centralized reporting of the
enrollments in such group, district, or consortium of institutions.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to reports submitted on or after the date of the
enactment of this Act.
SEC. 422. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3699. Provision of certain information to educational
institutions
``(a) In General.--For each veteran or other individual pursuing a
course of education that has been approved under this chapter using
educational assistance to which the veteran or other individual is
entitled under chapter 30, 32, 33, or 35 of this title, the Secretary
shall make available to the educational institution offering the course
information about the amount of such educational assistance to which
the veteran or other individual is entitled.
``(b) Manner Information Is Provided.--The Secretary shall ensure
that information made available to an educational institution under
subsection (a) is provided to such educational institution pursuant to
such subsection through a secure information technology system
accessible by the educational institution.
``(c) Regular Updates.--The Secretary shall regularly update
information provided under this section to reflect any amounts used by
veterans and other individuals.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3698 the following new item:
``3699. Provision of certain information to educational
institutions.''.
SEC. 423. ROLE OF STATE APPROVING AGENCIES.
(a) Approval of Certain Courses.--Section 3672(b)(2)(A) of title
38, United States Code, is amended by striking ``the following'' and
all that follows through the colon and inserting the following: ``a
program of education is deemed to be approved for purposes of this
chapter if a State approving agency, or the Secretary when acting in
the role of a State approving agency, determines that the program is
one of the following programs:''.
(b) Approval of Other Courses.--Section 3675 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary or a State
approving agency'' and inserting ``A State approving
agency, or the Secretary when acting in the role of a
State approving agency,''; and
(B) by striking ``offered by proprietary for-profit
educational institutions'' and inserting ``not covered
by section 3672 of this title''; and
(2) in subsection (b)--
(A) in the matter before paragraph (1), by striking
``the Secretary or the State approving agency'' and
inserting ``the State approving agency, or the
Secretary when acting in the role of a State approving
agency,''; and
(B) in paragraph (1), by striking ``the Secretary
or the State approving agency'' and inserting ``the
State approving agency, or the Secretary when acting in
the role of a State approving agency''.
SEC. 424. CRITERIA USED TO APPROVE COURSES.
(a) Nonaccredited Courses.--Section 3676(c)(14) of title 38, United
States Code, is amended by inserting before the period the following:
``if the Secretary, in consultation with the State approving agency and
pursuant to regulations prescribed to carry out this paragraph,
determines such criteria are necessary and treat public, private, and
proprietary for-profit educational institutions equitably''.
(b) Accredited Courses.--Section 3675(b)(3) of such title is
amended by striking ``and (3)'' and inserting ``(3), and (14)''.
(c) Application.--The amendment made by subsection (a) shall apply
with respect to--
(1) criteria developed pursuant to paragraph (14) of
subsection (c) of section 3676 of title 38, United States Code,
on or after January 1, 2013; and
(2) an investigation conducted under such subsection that
is covered by a reimbursement of expenses paid by the Secretary
of Veterans Affairs to a State pursuant to section 3674 of such
title on or after October 1, 2015.
SEC. 425. MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR PURPOSES OF
EDUCATIONAL ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS OF PROGRAMS DESIGNED TO PREPARE INDIVIDUALS FOR
LICENSURE OR CERTIFICATION.
(a) Approval of Nonaccredited Courses.--Subsection (c) of section
3676 of title 38, United States Code, as amended by this subtitle, is
further amended--
(1) by redesignating paragraph (14) as paragraph (16); and
(2) by inserting after paragraph (13) the following new
paragraphs:
``(14) In the case of a course designed to prepare an
individual for licensure or certification in a State, the
course--
``(A) meets all instructional curriculum licensure
or certification requirements of such State; and
``(B) in the case of a course designed to prepare
an individual for licensure to practice law in a State,
is accredited by an accrediting agency or association
recognized by the Secretary of Education under subpart
2 of part H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b).
``(15) In the case of a course designed to prepare an
individual for employment pursuant to standards developed by a
board or agency of a State in an occupation that requires
approval, licensure, or certification, the course--
``(A) meets such standards; and
``(B) in the case of a course designed to prepare
an individual for licensure to practice law in a State,
is accredited by an accrediting agency or association
recognized by the Secretary of Education under subpart
2 of part H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b).''.
(b) Exceptions.--Such section is further amended by adding at the
end the following new subsection:
``(f)(1) The Secretary may waive the requirements of paragraph (14)
or (15) of subsection (c) in the case of a course of education offered
by an educational institution (either accredited or not accredited) if
the Secretary determines all of the following:
``(A) The educational institution is not accredited by an
agency or association recognized by the Secretary of Education.
``(B) The course did not meet the requirements of such
paragraph at any time during the two-year period preceding the
date of the waiver.
``(C) The waiver furthers the purposes of the educational
assistance programs administered by the Secretary or would
further the education interests of individuals eligible for
assistance under such programs.
``(D) The educational institution does not provide any
commission, bonus, or other incentive payment based directly or
indirectly on success in securing enrollments or financial aid
to any persons or entities engaged in any student recruiting or
admission activities or in making decisions regarding the award
of student financial assistance, except for the recruitment of
foreign students residing in foreign countries who are not
eligible to receive Federal student assistance.
``(2) Not later than 30 days after the date on which the Secretary
issues a waiver under paragraph (1), the Secretary shall submit to
Congress notice of such waiver and a justification for issuing such
waiver.''.
(c) Approval of Accredited Courses.--Section 3675(b)(3) of such
title, as amended by this subtitle, is further amended--
(1) by striking ``and (14)'' and inserting ``(14), (15),
and (16)''; and
(2) by inserting before the period at the end the
following: ``(or, with respect to such paragraphs (14) and
(15), the requirements under such paragraphs are waived
pursuant to subsection (f)(1) of section 3676 of this title)''.
(d) Approval of Accredited Standard College Degree Programs Offered
at Public or Not-for-profit Educational Institutions.--Section
3672(b)(2) of such title is amended--
(1) in subparagraph (A)(i), by striking ``An accredited''
and inserting ``Except as provided in subparagraph (C), an
accredited''; and
(2) by adding at the end the following new subparagraph:
``(C) A course that is described in both subparagraph (A)(i) of
this paragraph and in paragraph (14) or (15) of section 3676(c) of this
title shall not be deemed to be approved for purposes of this chapter
unless--
``(i) a State approving agency, or the Secretary when
acting in the role of a State approving agency, determines that
the course meets the applicable criteria in such paragraphs; or
``(ii) the Secretary issues a waiver for such course under
section 3676(f)(1) of this title.''.
(e) Disapproval of Courses.--Section 3679 of such title is amended
by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of this chapter, the
Secretary or the applicable State approving agency shall disapprove a
course of education described in paragraph (14) or (15) of section
3676(c) of this title unless the educational institution providing the
course of education--
``(1) publicly discloses any conditions or additional
requirements, including training, experience, or examinations,
required to obtain the license, certification, or approval for
which the course of education is designed to provide
preparation; and
``(2) makes each disclosure required by paragraph (1) in a
manner that the Secretary considers prominent (as specified by
the Secretary in regulations prescribed for purposes of this
subsection).''.
(f) Applicability.--If after enrollment in a course of education
that is subject to disapproval by reason of an amendment made by this
Act, an individual pursues one or more courses of education at the same
educational institution while remaining continuously enrolled (other
than during regularly scheduled breaks between courses, semesters, or
terms) at that institution, any course so pursued by the individual at
that institution while so continuously enrolled shall not be subject to
disapproval by reason of such amendment.
SEC. 426. COMPLIANCE SURVEYS.
(a) In General.--Section 3693 of title 38, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Except as provided in subsection (b), the Secretary shall
conduct an annual compliance survey of educational institutions and
training establishments offering one or more courses approved for the
enrollment of eligible veterans or persons if at least 20 such veterans
or persons are enrolled in any such course.
``(2) The Secretary shall--
``(A) design the compliance surveys required by paragraph
(1) to ensure that such institutions or establishments
described in such paragraph, as the case may be, and approved
courses are in compliance with all applicable provisions of
chapters 30 through 36 of this title;
``(B) survey each such educational institution and training
establishment not less than once during every two-year period;
and
``(C) assign not fewer than one education compliance
specialist to work on compliance surveys in any year for each
40 compliance surveys required to be made under this section
for such year.
``(3) The Secretary, in consultation with the State approving
agencies, shall--
``(A) annually determine the parameters of the surveys
required under paragraph (1); and
``(B) not later than September 1 of each year, make
available to the State approving agencies a list of the
educational institutions and training establishments that will
be surveyed during the fiscal year following the date of making
such list available.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the terms `educational institution' and
`training establishment' have the meanings given such terms in section
3452 of this title.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) by striking ``subsection (a) of this section for an
annual compliance survey'' and inserting ``subsection (a)(1)
for a compliance survey'';
(2) by striking ``institution'' and inserting ``educational
institution or training establishment''; and
(3) by striking ``institution's demonstrated record of
compliance'' and inserting ``record of compliance of such
institution or establishment''.
SEC. 427. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO EDUCATIONAL
ASSISTANCE UNDER THE EDUCATIONAL ASSISTANCE PROGRAMS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Survey Required.--
(1) In general.--By not later than 270 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract with a nongovernmental entity for
the conduct of a survey of a statistically valid sample of
individuals who have used or are using their entitlement to
educational assistance under chapters 30, 32, 33, and 35 of
title 38, United States Code, to pursue a program of education
or training.
(2) Contract requirements.--The contract shall provide
that--
(A) not later than one month before the collection
of data under the survey begins, the survey shall be
submitted to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives;
(B) the nongovernmental entity shall complete the
survey and submit to the Secretary the results of the
survey by not later than 180 days after entering into
the contract; and
(C) the survey shall be conducted by electronic
means and by any other means the nongovernmental entity
determines appropriate.
(b) Information To Be Collected.--The contract under subsection (a)
shall provide that the survey shall be designed to collect the
following types of information about each individual surveyed, where
applicable:
(1) Demographic information, including the highest level of
education completed by the individual, the military
occupational specialty or specialties of the individual while
serving on active duty as a member of the Armed Forces or as a
member of the National Guard or of a Reserve Component of the
Armed Forces, and whether the individual has a service-
connected disability.
(2) The opinion of the individual regarding participation
in the transition assistance program under section 1144 of
title 10, United States Code, and the effectiveness of the
program, including instruction on the use of the benefits under
laws administered by the Secretary of Veterans Affairs.
(3) The resources the individual used to help the
individual--
(A) decide to use the individual's entitlement to
educational assistance to enroll in a program of
education or training; and
(B) choose the program of education or training the
individual pursued.
(4) The individual's goal when the individual enrolled in
the program of education or training.
(5) The nature of the individual's experience with the
education benefits processing system of the Department of
Veterans Affairs.
(6) The nature of the individual's experience with the
school certifying official of the educational institution where
the individual pursued the program of education or training who
processed the individual's claim.
(7) Any services or benefits the educational institution or
program of education or training provided to veterans while the
individual pursued the program of education or training.
(8) The type of educational institution at which the
individual pursued the program of education or training.
(9) Whether the individual completed the program of
education or training or the number of credit hours completed
by the individual as of the time of the survey, and, if
applicable, any degree or certificate obtained by the
individual for completing the program.
(10) The employment status of the individual and whether
such employment status differs from the employment status of
the individual prior to enrolling in the program of education
or training.
(11) Whether the individual is or was enrolled in a program
of education on a full-time or part-time basis.
(12) The opinion of the individual on the effectiveness of
the educational assistance program of the Department of
Veterans Affairs under which the individual was entitled to
educational assistance.
(13) Whether the individual was ever entitled to a
rehabilitation under chapter 31 of title 38, United States
Code, and whether the individual participated in such a
program.
(14) A description of any circumstances that prevented the
individual from using the individual's entitlement to
educational assistance to pursue a desired career path or
degree.
(15) Whether the individual is using the individual's
entitlement to educational assistance to pursue a program of
education or training or has transferred such an entitlement to
a dependent.
(16) Such other matters as the Secretary determines
appropriate.
(c) Report.--Not later than 90 days after receiving the results of
the survey required under this section, 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
results of the survey and any recommendations of the Secretary relating
to such results. Such report shall also include an unedited version of
the results of the survey submitted by the nongovernmental entity that
conducted the survey.
SEC. 428. TECHNICAL AMENDMENT RELATING TO IN-STATE TUITION RATE FOR
INDIVIDUALS TO WHOM ENTITLEMENT IS TRANSFERRED UNDER ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
9/11 EDUCATIONAL ASSISTANCE.
(a) Technical Amendment.--Subparagraph (B) of section 3679(c)(2) of
title 38, United States Code, is amended to read as follows:
``(B) An individual who is entitled to assistance under--
``(i) section 3311(b)(9) of this title; or
``(ii) section 3319 of this title by virtue of the
individual's relationship to--
``(I) a veteran described in subparagraph
(A); or
``(II) a member of the uniformed services
described in section 3319(b) of this title who
is serving on active duty.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to a course, semester, or term that begins after
July 1, 2017.
TITLE V--EMPLOYMENT AND TRANSITION
SEC. 501. REQUIRED COORDINATION BETWEEN DIRECTORS FOR VETERANS'
EMPLOYMENT AND TRAINING WITH STATE DEPARTMENTS OF LABOR
AND VETERANS AFFAIRS.
(a) In General.--Section 4103 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c) Coordination With State Departments of Labor and Veterans
Affairs.--Each Director for Veterans' Employment and Training for a
State shall coordinate the Director's activities under this chapter
with the State department of labor and the State department of veterans
affairs.''.
(b) Effective Date.--Subsection (c) of such section, as added by
subsection (a), shall take effect on the date that is one year after
the date of the enactment of this Act.
SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND PLACEMENT
SERVICE FOR VETERANS.
(a) In General.--Chapter 41 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 4115. Longitudinal study of job counseling, training, and
placement service for veterans
``(a) Study Required.--(1) The Secretary shall enter into a
contract with a nongovernmental entity to conduct a longitudinal study
of a statistically valid sample of each of the groups of individuals
described in paragraph (2). The contract shall provide for the study of
each such group over a period of at least five years.
``(2) The groups of individuals described in this paragraph are the
following:
``(A) Veterans who have received intensive services.
``(B) Veterans who did not receive intensive services but
who otherwise received services under this chapter.
``(C) Veterans who did not seek or receive services under
this chapter.
``(3) The study required by this subsection shall include the
collection, for each individual who participates in the study, of the
following information:
``(A) The average number of months such individual served
on active duty.
``(B) The disability ratings of such individual.
``(C) Any unemployment benefits received by such
individual.
``(D) The average number of months such individual was
employed during the year covered by the report.
``(E) The average annual starting and ending salaries of
any such individual who was employed during the year covered by
the report.
``(F) The average annual income of such individual.
``(G) The average total household income of such individual
for the year covered by the report.
``(H) The percentage of such individuals who own their
principal residences.
``(I) The employment status of such individual.
``(J) In the case of such an individual who received
services under this chapter, whether the individual believes
that any service provided by a disabled veterans' outreach
program specialist or local veterans' employment representative
helped the individual to become employed.
``(K) In the case of such an individual who believes such a
service helped the individual to become employed, whether--
``(i) the individual retained the position of
employment for a period of one year or longer; and
``(ii) the individual believes such a service
helped the individual to secure a higher wage or
salary.
``(L) The conditions under which such individual was
discharged or released from the Armed Forces.
``(M) Whether such individual has used any educational
assistance to which the individual is entitled under this
title.
``(N) Whether such individual has participated in a
rehabilitation program under chapter 31 of this title.
``(O) Whether such individual had contact with a One-Stop
Career Center employee while attending a workshop or job fair
under the Transition GPS Program of the Department of Defense.
``(P) Demographic information about such individual.
``(Q) Such other information as the Secretary determines
appropriate.
``(b) Annual Report.--(1) By not later than July 1 of each year
covered by the study required under subsection (a), 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 outcomes of the study during the preceding year.
``(2) The Secretary shall include in each report submitted under
paragraph (1) the following:
``(A) Information with respect to job fairs attended by
One-Stop Career Center employees at which the employees had
contact with a veteran, including, for the year preceding the
year in which the report is submitted, the following:
``(i) The number of job fairs attended by One-Stop
Career Center employees at which the employees had
contact with a veteran.
``(ii) The number of veterans contacted at each
such job fair.
``(B) Such information as the Secretary determines is
necessary to determine the long-term outcomes of the
individuals in the groups described in subsection (a)(2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4115. Longitudinal study of job counseling, training, and placement
service for veterans.''.
TITLE VI--HOMELESS VETERANS
Subtitle A--Homeless Matters Generally
SEC. 601. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF
BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 2002(1) of title 38, United States Code, is amended by
striking ``in section 103(a) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302(a))'' and inserting ``in subsection (a) or (b) of
section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)''.
SEC. 602. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING
ASSISTANCE THAT BECOMES PERMANENT HOUSING FOR HOMELESS
VETERANS.
Section 2012(a)(2) of title 38, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as redesignated, by striking ``in
subparagraph (D)'' and inserting ``in subparagraph (E)'';
(3) in subparagraph (D), as redesignated, by striking
``under subparagraph (B)'' and inserting ``under subparagraph
(C)'';
(4) in subparagraph (E), as redesignated, by striking ``in
subparagraphs (B) and (C)'' and inserting ``in subparagraphs
(C) and (D)''; and
(5) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except
as otherwise provided in subparagraph (B), the rate'';
and
(B) by striking ``under subparagraph (B)'' and all
that follows through the end and inserting the
following: ``under subparagraph (C).
``(B)(i) Except as provided in clause (ii), in no case may the rate
determined under this paragraph exceed the rate authorized for State
homes for domiciliary care under subsection (a)(1)(A) of section 1741
of this title, as the Secretary may increase from time to time under
subsection (c) of that section.
``(ii) In the case of services furnished to a homeless veteran who
is placed in housing that will become permanent housing for the veteran
upon termination of the furnishing of such services to such veteran,
the maximum rate of per diem authorized under this section is 150
percent of the rate authorized for State homes for domiciliary care
under subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c) of that
section.''.
SEC. 603. CLARIFICATION OF ELIGIBILITY FOR SERVICES UNDER HOMELESS
VETERANS REINTEGRATION PROGRAMS.
Section 2021(a) of title 38, United States Code, is amended by
striking ``reintegration of homeless veterans into the labor force.''
and inserting the following: ``reintegration into the labor force of--
''
``(1) homeless veterans;
``(2) veterans participating in the Department of Veterans
Affairs supported housing program for which rental assistance
is provided pursuant to section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19));
``(3) Native Americans (as defined in section 3765 of this
title) who are veterans and receiving assistance under the
Native American Housing Assistance and Self Determination Act
of 1996 (25 U.S.C. 4101 et seq.); and
``(4) veterans who are transitioning from being
incarcerated.''.
SEC. 604. PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS
VETERANS AND VETERANS AT RISK OF BECOMING HOMELESS.
(a) Program Required.--
(1) In general.--Subchapter II of chapter 20 of title 38,
United States Code, is amended--
(A) by redesignating section 2013 as section 2014;
and
(B) by inserting after section 2012 the following
new section 2013:
``Sec. 2013. Program to improve retention of housing by formerly
homeless veterans and veterans at risk of becoming
homeless
``(a) Program Required.--The Secretary shall carry out a program
under which the Secretary shall provide case management services to
improve the retention of housing by veterans who were previously
homeless and are transitioning to permanent housing and veterans who
are at risk of becoming homeless.
``(b) Grants.--(1) The Secretary shall carry out the program
through the award of grants.
``(2)(A) In awarding grants under paragraph (1), the Secretary
shall give priority to organizations that demonstrate a capability to
provide case management services as described in subsection (a),
particularly organizations that are successfully providing or have
successfully provided transitional housing services using amounts
provided by the Secretary under sections 2012 and 2061 of this title.
``(B) In giving priority under subparagraph (A), the Secretary
shall give extra priority to an organization described in such
subparagraph that--
``(i) voluntarily stops receiving amounts provided by the
Secretary under sections 2012 and 2061 of this title; and
``(ii) converts a facility that the organization used to
provide transitional housing services into a facility that the
organization uses to provide permanent housing that meets
housing quality standards established under section 8(o)(8)(B)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(8)(B)).
``(C) In any case in which a facility, with respect to which a
person received a grant for construction, rehabilitation, or
acquisition under section 2011 of this title, is converted as described
in subparagraph (B)(ii), such conversion shall be considered to have
been carried out pursuant to the needs of the Department and such
person shall not be considered in noncompliance with the terms of such
grant by reason of such conversion.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2013 and inserting the following
new items:
``2013. Program to improve retention of housing by formerly homeless
veterans and veterans at risk of becoming
homeless.
``2014. Authorization of appropriations.''.
(b) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out section 2013 of such title, as added
by subsection (a)(1)(B).
(c) Report.--
(1) In general.--Not later than June 1, 2020, 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 program required by section
2013 of such title, as added by subsection (a)(1)(B).
(2) Contents.--The report submitted under paragraph (1)
shall include assessments of the following:
(A) The percentage of veterans who received case
management services under the program who were able to
retain permanent housing by the end of the program,
disaggregated by each recipient of a grant under such
section.
(B) The percentage of veterans who received case
management services under the program who were not in
permanent housing at the end of the program,
disaggregated by housing status and reason for failing
to retain permanent housing under the program.
(C) The use by veterans, who received case
management services under the program, of housing
assistance furnished by the Department of Veterans
Affairs, including a comparison of the use of such
assistance by such veterans before and after receiving
such services.
(D) An assessment of the employment status of
veterans who received case management services under
the program, including a comparison of the employment
status of such veterans before and after receiving such
services.
SEC. 605. PILOT PROGRAM ON PROVISION OF INTENSIVE CASE MANAGEMENT
INTERVENTIONS TO HOMELESS VETERANS WHO RECEIVE THE MOST
HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Pilot Program Required.--Not later than September 1, 2017, the
Secretary of Veterans Affairs shall commence a pilot program to assess
the feasibility and advisability of providing intensive case management
interventions to covered veterans.
(b) Covered Veterans.--For purposes of the pilot program, a covered
veteran is a veteran who is enrolled in--
(1) the homeless registry of the Department; and
(2) the system of annual patient enrollment established and
operated by the Secretary under section 1705(a) of title 38,
United States Code.
(c) Location.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than six locations selected by the
Secretary for purposes of the pilot program as follows:
(A) Not fewer than three locations in cities that
have the largest populations of homeless veterans in
the United States.
(B) Not fewer than three locations in suburban or
rural settings.
(2) Interaction and coordination with community
organizations.--In selecting locations under paragraph (1), the
Secretary shall only select locations in areas in which the
Secretary determines that there is a high degree of interaction
and coordination between the Department and community
organizations that provide housing and social services for
veterans, such as outreach, employment, and financial
assistance for homeless veterans, veterans at risk of becoming
homeless, and low-income veterans.
(d) Provision of Intensive Case Management Interventions.--
(1) Minimum number of veterans to receive interventions.--
In carrying out the program at each location selected under
subsection (c), the Secretary shall provide intensive case
management interventions to not fewer than 20 covered veterans
at each such location who the Secretary determines are the
covered veterans at such location who receive the most health
care and related services furnished by the Department of
Veterans Affairs.
(2) Nature of interventions.--The intensive case management
interventions provided to covered veterans under paragraph (1)
shall include assistance with gaining and maintaining access to
such housing and services, including benefits and services to
which covered veterans may be entitled or eligible under the
laws administered by the Secretary, as may be necessary to
improve the stability of their housing and the appropriateness
of the health care that they receive.
(e) Report.--
(1) In general.--Not later than December 1, 2019, 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 carried out
under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include assessments of the following:
(A) The types and frequencies of intensive case
management interventions provided under the pilot
program.
(B) The housing status of each veteran who received
an intensive case management intervention under the
pilot program.
(C) The employment status of each veteran who
received an intensive case management intervention
under the pilot program, including a comparison of the
employment status of such veteran before and after
receiving such intervention.
(D) The use by veterans who received intensive case
management interventions under the pilot program of
health care and related services furnished by the
Department of Veterans Affairs and the costs incurred
by the Department in furnishing such care and services,
including a comparison of the use by such veterans of
such care and services and the costs incurred from
furnishing such care and services before and after
receiving such interventions.
(E) The number of veterans who received intensive
case management interventions under the pilot program,
disaggregated by whether the intensive case management
intervention was provided in a location described in
subparagraph (A) or (B) of subsection (c)(1).
(F) The costs incurred by the Department in
carrying out the pilot program, disaggregated by
provision of intensive case management interventions in
locations described in subparagraphs (A) and (B) of
such subsection.
(G) An estimate of the costs the Department would
have incurred for the provision of health care and
associated services to covered veterans but for the
provision of intensive case management interventions
under the pilot program, disaggregated by provision of
intensive case management interventions in locations
described in subparagraphs (A) and (B) of subsection
(c)(1).
SEC. 606. ESTABLISHMENT OF NATIONAL CENTER ON HOMELESSNESS AMONG
VETERANS.
(a) In General.--Subchapter VII of chapter 20 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 2067. National Center on Homelessness Among Veterans
``(a) In General.--(1) The Secretary shall establish and operate a
center to carry out the functions described in subsection (b).
``(2) The center established under paragraph (1) shall be known as
the `National Center on Homelessness Among Veterans'.
``(3) To the degree practicable, the Secretary shall operate the
center established under paragraph (1) independently of the other
programs of the Department that address homelessness among veterans.
``(b) Functions.--The functions described in this subsection are as
follows:
``(1) To carry out and promote research into the causes and
contributing factors to veteran homelessness.
``(2) To assess the effectiveness of programs of the
Department to meet the needs of homeless veterans.
``(3) To identify and disseminate best practices with
regard to housing stabilization, income support, employment
assistance, community partnerships, and such other matters as
the Secretary considers appropriate with respect to addressing
veteran homelessness.
``(4) To integrate evidence-based and best practices,
policies, and programs into programs of the Department for
homeless veterans and veterans at risk of homelessness and to
ensure that the staff of the Department and community partners
can implement such practices, policies, and programs.
``(5) To serve as a resource center for, and promote and
seek to coordinate the exchange of information regarding, all
research and training activities carried out by the Department
and by other Federal and non-Federal entities with respect to
veteran homelessness.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by inserting after the item
relating to section 2066 the following new item:
``2067. National Center on Homelessness Among Veterans.''.
SEC. 607. ADMINISTRATIVE IMPROVEMENTS TO GRANT AND PER DIEM PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 2012 of title 38, United States Code, is
amended--
(1) in subsection (a)(1), in the matter before subparagraph
(A), by inserting ``and except as otherwise provided in this
section'' after ``such purpose''; and
(2) by adding at the end the following new subsection:
``(e) Review and Conditional Renewal.--(1) Each year, the Secretary
shall review each grant recipient and eligible entity that received a
per diem payment under this section for a service furnished to a
veteran during the one-year period preceding the review to evaluate the
performance of the grant recipient or eligible entity during that
period with respect to--
``(A) the success of the grant recipient or eligible entity
in assisting veterans to obtain, transition into, and retain
permanent housing; and
``(B) increasing the income of veterans, whether by helping
veterans obtain employment or by helping veterans obtain
income-related benefits to which such veterans may be eligible
or entitled.
``(2) For any grant recipient or eligible entity whose performance
was evaluated for a year under paragraph (1), the Secretary may only
provide per diem under this section to that grant recipient or eligible
entity in the following year if the Secretary determines that such
performance merits continued receipt of per diem under this section.
``(3) The Secretary shall establish uniform performance targets
throughout the United States for all grant recipients and eligible
entities that receive per diem payments under this section for purposes
of evaluating the performance of each such grant recipient and eligible
entity under this subsection.''.
(b) Effective Date.--
(1) Uniform performance targets.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall establish uniform performance targets pursuant to
paragraph (3) of section 2012(e) of title 38, United States
Code, as added by subsection (a)(2).
(2) Review of grant recipients and eligible entities.--The
Secretary shall complete the first review of each grant
recipient and eligible entity pursuant to paragraph (1) of such
section, as so added, not later than two years after the date
of the enactment of this Act.
SEC. 608. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE
LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK
OF HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States Code, is
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Partnerships with public and private entities to provide
legal services to homeless veterans and veterans at risk
of homelessness
``(a) Partnerships Authorized.--Subject to the availability of
funds for that purpose, the Secretary may enter into partnerships with
public or private entities, through the award of grants or the use of
cooperative agreements, to fund a portion of the general legal services
specified in subsection (c) that are provided by such entities to
homeless veterans and veterans at risk of homelessness.
``(b) Locations.--(1) The Secretary shall ensure that, to the
extent practicable, partnerships under this section are made with
entities equitably distributed across the geographic regions of the
United States, including rural communities, tribal lands of the United
States, Native Americans, and tribal organizations.
``(2) In this subsection, the terms `Native American' and `tribal
organization' have the meanings given such terms in section 3765 of
this title.
``(c) Legal Services.--Legal services specified in this subsection
include legal services provided by public or private entities that
address the needs of homeless veterans and veterans at risk of
homelessness, such as the following:
``(1) Legal services related to housing, including eviction
defense and representation in landlord-tenant cases.
``(2) Legal services related to family law, including
assistance in court proceedings for child support, divorce, and
estate planning.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(d) Consultation.--In developing and carrying out partnerships
under this section, the Secretary shall, to the extent practicable,
consult with public and private entities--
``(1) for assistance in identifying and contacting
organizations described in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that have
entered into partnerships under this section to submit to the Secretary
periodic reports on legal services provided to homeless veterans and
veterans at risk of homelessness pursuant to such partnerships.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding after the item relating
to section 2022 the following new item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans
at risk of homelessness.''.
SEC. 609. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON HOMELESS
VETERANS PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) complete a study of programs of the Department of
Veterans Affairs that provide assistance to homeless veterans;
and
(2) 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 findings of the Comptroller
General with respect to the study required by paragraph (1).
(b) Elements.--The study required by subsection (a)(1) shall
include the following:
(1) An assessment of whether programs described in
subsection (a) are meeting the needs of veterans who are
eligible for assistance provided by such programs, including
any gaps or duplication in the provision of services.
(2) A review of recent efforts of the Secretary of Veterans
Affairs to improve the privacy, safety, and security of female
veterans receiving assistance from such programs.
SEC. 610. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS
COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) assess and measure the capacity of programs for which
entities receive grants under section 2011 of title 38, United
States Code, or per diem payments under section 2012 or 2061 of
such title; and
(2) assess such programs with respect to--
(A) how well they achieve their stated goals at a
national level;
(B) placements in permanent housing;
(C) placements in employment; and
(D) increases in the regular income of participants
in the programs.
(b) Assessment at National and Local Levels.--In assessing and
measuring under subsection (a)(1), the Secretary shall develop and use
tools to examine the capacity of programs described in such subsection
at both the national and local level in order to assess the following:
(1) Whether sufficient capacity exists to meet the needs of
homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs of the
subpopulations of homeless veterans located in each geographic
area.
(3) The amount of capacity that recipients of grants under
sections 2011 and 2061 and per diem payments under section 2012
of such title have to provide services for which the recipients
are eligible to receive per diem under section
2012(a)(2)(B)(ii) of title 38, United States Code, as added by
section 602(5)(B).
(c) Consideration of Other Resources.--In assessing and measuring
programs under subsection (a)(1), the Secretary shall consider the
availability to such programs of resources made available to such
programs and to homeless veterans, including resources provided by the
Department of Veterans Affairs and by entities other than the
Department.
(d) Use of Information.--The Secretary shall use the information
collected under this section as follows:
(1) To set specific goals to ensure that programs described
in subsection (a) are effectively serving the needs of homeless
veterans.
(2) To assess whether programs described in subsection (a)
are meeting goals set under paragraph (1).
(3) To inform funding allocations for programs described in
subsection (a).
(4) To improve the referral of homeless veterans to
programs described in subsection (a).
(e) Report.--Not later than 180 days after the date on which the
assessment required by subsection (a) is completed, 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 such assessment and such recommendations for legislative and
administrative action as the Secretary may have to improve the programs
and per diem payments described in subsection (a).
SEC. 611. REPORT ON OUTREACH RELATING TO INCREASING THE AMOUNT OF
HOUSING AVAILABLE TO VETERANS.
Not later than one year 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 describing and assessing the
outreach conducted by the Secretary to realtors, landlords, property
management companies, and developers to educate them about the housing
needs of veterans and the benefits of having veterans as tenants.
Subtitle B--Eligibility of Homeless Veterans for Benefits
SEC. 621. WAIVER OF MINIMUM PERIOD OF CONTINUOUS ACTIVE DUTY IN ARMED
FORCES FOR CERTAIN BENEFITS FOR HOMELESS VETERANS.
Section 5303A(b)(3) of title 38, United States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) to benefits under section 2011, 2012, 2013, 2044, or
2061 of this title;''.
SEC. 622. AUTHORIZATION TO FURNISH CERTAIN BENEFITS TO HOMELESS
VETERANS WITH DISCHARGES OR RELEASES UNDER OTHER THAN
HONORABLE CONDITIONS.
Section 5303(d) of title 38, United States Code, is amended--
(1) by striking ``not apply to any war-risk insurance'' and
inserting the following: ``not apply to the following:
``(1) Any war-risk insurance''; and
(2) by adding at the end the following new paragraph:
``(2) Benefits under section 2011, 2012, 2013, 2044, or
2061 of this title (except for benefits for individuals
discharged or dismissed from the Armed Forces by reason of the
sentence of a general court-martial).''.
SEC. 623. MODIFICATION OF DEFINITION OF VETERAN FOR PURPOSES OF
PROVIDING CERTAIN BENEFITS TO HOMELESS VETERANS.
Section 2002 of title 38, United States Code, is amended--
(1) by striking ``In this chapter'' and inserting ``(a) In
General.--In this chapter''; and
(2) by adding at the end the following:
``(b) Veteran Defined.--(1) Notwithstanding section 101(2) of this
title and except as provided in paragraph (2), for purposes of sections
2011, 2012, 2013, 2044, and 2061 of this title, the term `veteran'
means a person who served in the active military, naval, or air
service, regardless of length of service, and who was discharged or
released therefrom.
``(2) For purposes of paragraph (1), the term `veteran' excludes a
person who--
``(A) received a dishonorable discharge from the Armed
Forces; or
``(B) was discharged or dismissed from the Armed Forces by
reason of the sentence of a general court-martial.''.
SEC. 624. TRAINING OF PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS
AND GRANT RECIPIENTS.
The Secretary of Veterans Affairs shall conduct a program of
training and education to ensure that the following persons are aware
of and implement this subtitle and the amendments made by this
subtitle:
(1) Personnel of the Department of Veterans Affairs who are
supporting or administering a program under chapter 20 of title
38, United States Code.
(2) Recipients of grants or other amounts for purposes of
carrying out such a program.
SEC. 625. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO
DEPENDENTS OF CERTAIN HOMELESS VETERANS.
Section 2012(a) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Services for which a recipient of a grant under section 2011
of this title (or an entity described in paragraph (1)) may receive per
diem payments under this subsection may include furnishing care for a
dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant
recipient (or entity).''.
SEC. 626. REGULATIONS.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall prescribe regulations,
including such modifications to section 3.12 of title 38, Code of
Federal Regulations (or any successor regulation), as the Secretary
considers appropriate, to ensure that the Department of Veterans
Affairs is in full compliance with this subtitle and the amendments
made by this subtitle.
SEC. 627. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall apply
to individuals seeking benefits under chapter 20 of title 38, United
States Code, before, on, and after the date of the enactment of this
Act.
TITLE VII--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SEC. 701. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF JUDGES ON UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Subsection (i)(2) of section 7253 of title 38,
United States Code, is amended by striking ``January 1, 2013'' and
inserting ``January 1, 2021''.
(b) Report.--
(1) In general.--Not later than June 30, 2020, the chief
judge of the United States Court of Appeals for Veterans Claims
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 temporary expansions of the
Court under section 7253 of title 38, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the effect of the expansions
on ensuring appeals are handled in a timely manner.
(B) A description of the ways in which the
complexity levels of the appeals acted on by the Court
may have changed based on service during recent
conflicts compared to those based on service from
previous eras.
(C) A recommendation on whether the number of
judges should be adjusted at the end of the temporary
expansion period, including statistics, projections,
trend analyses, and other information to support the
recommendation.
SEC. 702. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7281 of title 38, United States Code, is
amended by adding at the end the following:
``(j) For purposes of chapter 87 of title 5, a judge who is in
regular active service and a judge who is retired under section 7296 of
this title or under chapter 83 or 84 of title 5 shall be treated as an
employee described in section 8701(a)(5) of title 5.
``(k) Notwithstanding any other provision of law, the Court may pay
on behalf of its judges, who are age 65 or older, any increase in the
cost of Federal Employees' Group Life Insurance imposed after April 24,
1999, including any expenses generated by such payments, as authorized
by the chief judge of the Court in a manner consistent with such
payment authorized by the Judicial Conference of the United States
pursuant to section 604(a)(5) of title 28.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any payment made on or after the first day of the
first applicable pay period beginning on or after the date of the
enactment of this Act.
SEC. 703. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.
Section 7297 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(p)(1) A covered judge who makes an election under subsection (b)
may purchase, in 3-month increments, up to an additional year of
service credit for each year of Federal judicial service completed,
under the terms set forth in this section.
``(2) In this subsection, the term `covered judge' means any of the
following:
``(A) A judge in regular active service.
``(B) A retired judge who is a recall-eligible retired
judge pursuant to subsection (a) of section 7257 of this title.
``(C) A retired judge who would be a recall-eligible
retired judge pursuant to subsection (a) of section 7257 but
for--
``(i) meeting the aggregate recall service
requirements under subsection (b)(3) of such section;
or
``(ii) being permanently disabled as described by
subsection (b)(4) of such section.''.
SEC. 704. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
(a) In General.--Section 7253(d) of title 38, United States Code,
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) have at least three years remaining in term of
office; and''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) In any case in which there is no judge of the Court in
regular active service who meets the requirements under paragraph (1),
the judge of the Court in regular active service who is senior in
commission and meets subparagraph (A) or (B) and subparagraph (C) of
paragraph (1) shall act as the chief judge.
``(B) In any case under subparagraph (A) of this paragraph in which
there is no judge of the Court in regular active service who meets
subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the
judge of the Court in regular active service who is senior in
commission and meets subparagraph (C) shall act as the chief judge.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to the selection of a chief judge occurring on or
after January 1, 2020.
TITLE VIII--BURIAL BENEFITS
SEC. 801. EXPANSION OF ELIGIBILITY FOR MEDALLIONS.
Section 2306(d)(4) of title 38, United States Code, is amended to
read as follows:
``(4)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph (B), the
Secretary may furnish, upon request, a medallion or other device of a
design determined by the Secretary to signify the deceased individual's
status as a veteran, to be attached to a headstone or marker furnished
at private expense.
``(B) A deceased individual described in this subsection is an
individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
and
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for the date
of the death of the individual).''.
SEC. 802. INURNMENT OF CREMATED REMAINS IN ARLINGTON NATIONAL CEMETERY
OF CERTAIN PERSONS WHOSE SERVICE IS DEEMED TO BE ACTIVE
SERVICE.
(a) In General.--Section 2410 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c)(1) The Secretary of the Army shall ensure that, under such
regulations as the Secretary may prescribe, the cremated remains of any
person described in paragraph (2) are eligible for above ground
inurnment in Arlington National Cemetery with military honors in
accordance with section 1491 of title 10.
``(2) A person described in this paragraph is a person whose
service has been determined to be active duty service pursuant to
section 401 of the GI Bill Improvement Act of 1977 (Public Law 95-202;
38 U.S.C. 106 note) as of the date of the enactment of this Act.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to--
(A) the remains of a person that are not formally
interred or inurned as of the date of the enactment of
this Act; and
(B) a person who dies on or after the date of the
enactment of this Act.
(2) Formally interred or inurned defined.--In this
subsection, the term ``formally interred or inurned'' means
interred or inurned in a cemetery, crypt, mausoleum,
columbarium, niche, or other similar formal location.
SEC. 803. REPORT ON CAPACITY OF ARLINGTON NATIONAL CEMETERY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to the Committees on
Veterans' Affairs and the Committees on Armed Services of the House of
Representatives and the Senate a report on the interment and inurnment
capacity of Arlington National Cemetery, including--
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and
(2) in light of the unique and iconic meaning of the
cemetery to the United States, recommendations for legislative
actions and nonlegislative options that the Secretary
determines necessary to ensure that the maximum interment and
inurnment capacity of the cemetery is not reached until well
into the future, including such actions and options with
respect to--
(A) redefining eligibility criteria for interment
and inurnment in the cemetery; and
(B) considerations for additional expansion
opportunities beyond the current boundaries of the
cemetery.
SEC. 804. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS RELATING TO
BURIAL OF UNCLAIMED REMAINS OF VETERANS IN NATIONAL
CEMETERIES.
(a) Study and Report Required.--Not later than one year after the
effective date specified in subsection (d), the Secretary of Veterans
Affairs shall--
(1) complete a study on matters relating to the interring
of unclaimed remains of veterans in national cemeteries under
the control of the National Cemetery Administration; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection (a)(1)
shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for working with persons or
entities having custody of unclaimed remains to facilitate
interment of unclaimed remains of veterans in national
cemeteries under the control of the National Cemetery
Administration.
(3) Assessing State and local laws that affect the ability
of the Secretary to inter unclaimed remains of veterans in
national cemeteries under the control of the National Cemetery
Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number
of unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as the
Secretary considers appropriate, including a subset of funeral
homes and coroner offices that possess unclaimed veterans
remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), the Secretary may
assess such sample of applicable State and local laws as the
Secretary considers appropriate in lieu of reviewing all
applicable State and local laws.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
TITLE IX--OTHER MATTERS
SEC. 901. 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 who 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 (2);
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) Community Veterans Engagement Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
Community Veterans 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
(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.
(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, or stakeholders.
(3) Community input.--In carrying out subparagraphs (A) and
(B) of 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.
(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 distinct from 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
Veterans First Act, the Secretary of Veterans Affairs''.
(2) Enhanced-use leases.--Section 8162(c) of title 38,
United States Code, is amended by inserting ``, other than an
enhanced-use lease under the Veterans First Act,'' before
``shall be considered''.
SEC. 902. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.
During the nine-year period beginning on September 26, 2016, the
second sentence of subsection (c) of section 3684 of title 38, United
States Code, shall be applied--
(1) by substituting ``$8'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
SEC. 903. REPEAL INAPPLICABILITY OF MODIFICATION OF BASIC ALLOWANCE FOR
HOUSING TO BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Repeal.--Subsection (b) of section 604 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 37 U.S.C. 403 note) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2016.
SEC. 904. OBSERVANCE OF VETERANS DAY.
(a) Two Minutes of Silence.--Chapter 1 of title 36, United States
Code, is amended by adding at the end the following new section:
``Sec. 145. Veterans Day
``The President shall issue each year a proclamation calling on the
people of the United States to observe two minutes of silence on
Veterans Day in honor of the service and sacrifice of veterans
throughout the history of the United States, beginning at--
``(1) 3:11 p.m. Atlantic standard time;
``(2) 2:11 p.m. eastern standard time;
``(3) 1:11 p.m. central standard time;
``(4) 12:11 p.m. mountain standard time;
``(5) 11:11 a.m. Pacific standard time;
``(6) 10:11 a.m. Alaska standard time; and
``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 36, United States Code, is amended by adding at the end the
following new item:
``145. Veterans Day.''.
SEC. 905. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED SERVICE IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.
Any person who is entitled under chapter 1223 of title 10, United
States Code, to retired pay for nonregular service or, but for age,
would be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be entitled to any
benefit by reason of this honor.
SEC. 906. EXTENSION OF REQUIREMENT FOR COLLECTION OF FEES FOR HOUSING
LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS.
Section 3729(b)(2) of title 38, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``September 30,
2024'' and inserting ``October 1, 2026''; and
(B) in clause (iv), by striking ``September 30,
2024'' and inserting ``October 1, 2026'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``September 30,
2024'' and inserting ``October 1, 2026''; and
(B) in clause (ii), by striking ``September 30,
2024'' and inserting ``October 1, 2026'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``September 30,
2024'' and inserting ``October 1, 2026''; and
(B) in clause (ii), by striking ``September 30,
2024'' and inserting ``October 1, 2026''; and
(4) in subparagraph (D)--
(A) in clause (i), by striking ``September 30,
2024'' and inserting ``October 1, 2026''; and
(B) in clause (ii), by striking ``September 30,
2024'' and inserting ``October 1, 2026''.
Calendar No. 467
114th CONGRESS
2d Session
S. 2921
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A BILL
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, to improve health care
and benefits for veterans, and for other purposes.
_______________________________________________________________________
May 16, 2016
Reported without amendment