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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5269 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5269

  To amend title 38, United States Code, to establish a commission to 
 review operations at the Veterans Health Administration and submit to 
 Congress reports with respect to that review, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mr. Cassidy (for himself and Ms. Hirono) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend title 38, United States Code, to establish a commission to 
 review operations at the Veterans Health Administration and submit to 
 Congress reports with respect to that review, 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.

    This Act may be cited as the ``VetPAC Act of 2024''.

SEC. 2. ESTABLISHMENT OF VETERANS HEALTH ADMINISTRATION POLICY ADVISORY 
              COMMISSION.

    (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. 7310B. Veterans Health Administration Policy Advisory Commission
    ``(a) Establishment.--There is established the Veterans Health 
Administration Policy Advisory Commission (in this section referred to 
as the `Commission').
    ``(b) Membership.--
            ``(1) Composition.--The Commission shall be composed of 17 
        members appointed by the Comptroller General of the United 
        States, of which not fewer than 2 shall be veterans.
            ``(2) Qualifications.--
                    ``(A) In general.--An individual is eligible for 
                appointment to the Commission under paragraph (1) if 
                the individual has significant expertise in operating 
                or advising large medical systems, including expertise 
                in quality of care, staffing issues, information 
                technology, artificial intelligence in health care, 
                medical supply chains, procurement of medical supplies, 
                medical facility construction or leasing, medical 
                facility architecture or engineering, medical research, 
                and managed care plans and networks.
                    ``(B) Experience of members.--In appointing members 
                under paragraph (1), the Comptroller General shall 
                select individuals from backgrounds that reflect the 
                broad diversity of health care received by veterans, 
                including nonprofit health systems, public and private 
                health systems, care furnished by the Veterans Health 
                Administration, and care furnished by the Department of 
                Defense.
            ``(3) Ethical disclosure.--A member of the Commission shall 
        be considered an employee of Congress whose compensation is 
        disbursed by the Secretary of the Senate for purposes of 
        applying subchapter I of chapter 131 of title 5, United States 
        Code, except that a member of the Commission is required to 
        file public financial disclosure reports without regard to 
        their number of days of service or rate of pay.
    ``(c) Period of Appointment; Vacancies.--
            ``(1) Terms.--A member of the Commission shall be appointed 
        under subsection (b)(1) for a term of 5 years, except that the 
        Comptroller General shall designate staggered terms for the 
        members first appointed.
            ``(2) Vacancies.--
                    ``(A) In general.--A vacancy on the Commission 
                shall be filled in the manner in which the original 
                appointment was made and shall be subject to any 
                conditions that applied with respect to the original 
                appointment.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
            ``(3) Expiration of terms.--The term of any member shall 
        not expire before the date on which the member's successor 
        takes office.
    ``(d) Meetings.--
            ``(1) Frequency.--The Commission shall meet at the call of 
        the Chairman, but not less frequently than once per year.
            ``(2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold meetings.
    ``(e) Chairman and Vice Chairman.--The Comptroller General shall 
designate one member of the Commission as Chairman and one member of 
the Commission as Vice Chairman, at the time of appointment of such 
member and for the term of appointment of such member, except that in 
the case of vacancy of the Chairmanship or Vice Chairmanship, the 
Comptroller General may designate another member for the remainder of 
that member's term.
    ``(f) Duties of the Commission.--
            ``(1) Review.--The Commission shall--
                    ``(A) review operations at the Veterans Health 
                Administration; and
                    ``(B) prepare reports for Congress based on such 
                review, including recommendations to Congress.
            ``(2) Topics to be reviewed.--In conducting a review under 
        paragraph (1)(A), the Commission shall include periodic reviews 
        of the following, taking into consideration other independent 
        assessments in selecting topics to limit duplicative efforts:
                    ``(A) Information technology infrastructure at 
                medical facilities of the Department, including with 
                respect to electronic health record systems.
                    ``(B) Referrals to care at facilities of the 
                Department and under the Veterans Community Care 
                Program under section 1703 of this title, and factors 
                impacting those referrals.
                    ``(C) Access and wait times at medical facilities 
                of the Department and under the Veterans Community Care 
                Program, including both primary and specialty care, and 
                factors impacting those wait times.
                    ``(D) The quality of health care furnished by the 
                Department and through the Veterans Community Care 
                Program.
                    ``(E) Workforce issues, including workforce 
                performance, recruitment, and retention factors.
                    ``(F) Patient satisfaction and customer service at 
                medical facilities of the Department and through the 
                Veterans Community Care Program.
                    ``(G) The training of health care providers and the 
                standards of care at facilities of the Department and 
                in the Veterans Community Care Program.
                    ``(H) The long-term budgetary outlook of the 
                Veterans Health Administration, as well as key 
                components driving budgetary changes over time.
                    ``(I) Procurement of supplies at medical facilities 
                of the Department.
                    ``(J) The research program of the Department, 
                including both internal and external research.
                    ``(K) Hospital construction, leasing, and capital 
                requirements.
                    ``(L) The interaction of care under the Medicare 
                program under title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.), the Medicaid program under 
                title XIX of such Act (42 U.S.C. 1396 et seq.), the 
                TRICARE program under chapter 55 of title 10, and 
                commercial health care plans with care furnished by the 
                Veterans Health Administration.
            ``(3) Issues regarding veteran health care delivery 
        generally.--In carrying out the requirements of this 
        subsection, the Commission shall review the effect of policies 
        under this title on the delivery of health care services to 
        veterans and assess the implications of changes in health care 
        delivery for veterans in the United States.
            ``(4) Transmittal of certain reports.--If the Secretary or 
        the Inspector General of the Department of Veterans Affairs 
        submits to Congress (or a committee of Congress) a report that 
        is required by law and that relates to policies for health care 
        furnished under the laws administered by the Secretary, the 
        Secretary shall transmit a copy of that report to the 
        Commission.
            ``(5) Consultation and additional reviews and studies.--
                    ``(A) Consultation.--In carrying out the 
                requirements of this subsection, the Commission shall 
                consult periodically with the chairmen and ranking 
                members of the Committee on Veterans' Affairs of the 
                Senate and the Committee on Veterans' Affairs of the 
                House of Representatives regarding the agenda of the 
                Commission and progress towards achieving that agenda.
                    ``(B) Additional reviews and reports.--The 
                Commission may conduct additional reviews, and may 
                submit additional reports to the Committee on Veterans' 
                Affairs of the Senate and the Committee on Veterans' 
                Affairs of the House of Representatives, from time to 
                time on such topics relating to the activities of the 
                Commission as may be requested by the Chairman and 
                members and as the Commission determines appropriate.
                    ``(C) Special studies.--The Commission may conduct 
                special studies requested by the chairman or ranking 
                member of the Committee on Veterans' Affairs of the 
                Senate or the Committee on Veterans' Affairs of the 
                House of Representatives and as the Commission 
                determines appropriate.
            ``(6) Budgetary considerations.--Before making any 
        recommendations to Congress, the Commission shall examine the 
        budget consequences of such recommendations, directly or 
        through consultation with appropriate expert entities.
            ``(7) Report.--
                    ``(A) In general.--By not later than March 15 of 
                each year, the Commission shall submit to Congress a 
                report containing the results and recommendations from 
                the review conducted under paragraph (1).
                    ``(B) Inclusion of recommendations.--A 
                recommendation may be included in a report under 
                subparagraph (A) if a simple majority of the members of 
                the Commission vote to include the recommendation in 
                the report.
    ``(g) Powers of Commission.--
            ``(1) In general.--The Commission may--
                    ``(A) employ and fix the compensation of an 
                Executive Director (at a rate of pay not greater than 
                that provided for level III of the Executive Schedule 
                under section 5314 of title 5) and such other personnel 
                as may be necessary to carry out the duties of the 
                Commission, without regard to the provisions of title 5 
                governing appointments in the competitive service;
                    ``(B) seek such assistance and support as may be 
                required in the performance of its duties from 
                appropriate departments and agencies of the United 
                States or departments or agencies of a State;
                    ``(C) enter into contracts or make other 
                arrangements, as may be necessary for the conduct of 
                the work of the Commission (without regard to section 
                3709 of the Revised Statutes (41 U.S.C. 5));
                    ``(D) make advance, progress, and other payments 
                that relate to the work of the Commission;
                    ``(E) provide transportation and subsistence for 
                individuals serving the Commission without 
                compensation; and
                    ``(F) prescribe such rules and regulations as the 
                Commission determines necessary with respect to the 
                internal organization and operation of the Commission.
            ``(2) Data collection.--In order to carry out its 
        functions, the Commission shall--
                    ``(A) utilize existing information, both published 
                and unpublished, if possible, collected and assessed 
                either by its own staff or under other arrangements 
                made in accordance with this section;
                    ``(B) carry out, or award grants or contracts for, 
                original research and experimentation, if existing 
                information is inadequate; and
                    ``(C) adopt procedures allowing any interested 
                party to submit information for use by the Commission 
                in making reports and recommendations.
            ``(3) Information from federal agencies.--
                    ``(A) In general.--The Commission may secure 
                directly from any relevant department or agency of the 
                United States health care information the Chairman 
                determines would be helpful to enable the Commission to 
                carry out this section.
                    ``(B) Timing.--Upon request of the Chairman, the 
                head of a department or agency of the United States 
                shall furnish information requested under subparagraph 
                (A) to the Commission on an agreed upon schedule or not 
                later than 180 days after the date of the request.
    ``(h) Compensation.--
            ``(1) Members.--
                    ``(A) In general.--While conducting the business of 
                the Commission (including travel time), a member of the 
                Commission shall be entitled to compensation at the per 
                diem equivalent of the rate provided for level IV of 
                the Executive Schedule under section 5315 of title 5.
                    ``(B) Travel expenses.--While conducting the 
                business of the Commission away from home and the 
                regular place of business of the member, a member may 
                be allowed travel expenses, as authorized by the 
                Chairman.
            ``(2) Physician comparability allowance for personnel.--The 
        Commission may provide a physician comparability allowance to 
        physicians serving as personnel of the Commission in the same 
        manner as physicians of the Federal Government may be provided 
        such an allowance by an agency under section 5948 of title 5, 
        and for such purpose, subsection (i) of such section shall 
        apply to the Commission in the same manner as it applies to the 
        Tennessee Valley Authority.
            ``(3) Treatment of personnel.--For purposes of pay (other 
        than pay of members of the Commission) and employment benefits, 
        rights, and privileges, all personnel of the Commission shall 
        be treated as if they were employees of the United States 
        Senate.
    ``(i) Detail of Federal Employees.--An employee of the Federal 
Government may be detailed to the Commission without reimbursement and 
without interruption or loss of civil service status or privileges.
    ``(j) Access of Congressional Support Agencies to Information.--The 
Commission shall provide to the Comptroller General, the Congressional 
Research Service, and the Congressional Budget Office unrestricted 
access to all deliberations, records, and nonproprietary data of the 
Commission not later than 30 days after such access is requested.
    ``(k) Authorization of Appropriations.--
            ``(1) Request for appropriations.--The Commission shall 
        submit requests for appropriations in the same manner as the 
        Comptroller General submits requests for appropriations, but 
        amounts appropriated for the Commission shall be separate from 
        amounts appropriated for the Comptroller General.
            ``(2) Authorization.--There are authorized to be 
        appropriated such sums as may be necessary to carry out this 
        section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7310A the following new item:

``7310B. Veterans Health Administration Policy Advisory Commission.''.
    (c) Initial Appointment.--Not later than 280 days after the date on 
which amounts are first appropriated to the Veterans Health 
Administration Policy Advisory Commission established under section 
7310B of title 38, United States Code, as added by subsection (a), the 
Comptroller General of the United States shall make initial 
appointments of members to the Commission under subsection (b)(1) of 
such section.
                                 <all>
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