I 

114TH CONGRESS 

2D SESSION H. R. 5286 

To make certain improvements in the laws administered by the Secretary 

of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs, and in addition to the Committee 

on Armed Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To make certain improvements in the laws administered by 

the Secretary of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘VA Construction and Lease Authorization, Health, and 

6 Benefits Enhancement Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 


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TITLE I—HEALTH CARE MATTERS 

Subtitle A—Non-Department Care 

Sec. 101. Veterans Care Agreements. 

Sec. 102. Payment of health care providers. 

Subtitle B—Patient Advocacy 

Sec. 111. Community meetings on improving care furnished by Department of 

Veterans Affairs. 

Sec. 112. Improvement of awareness of Patient Advocacy Program and patient 

bill of rights of Department of Veterans Affairs. 

Sec. 113. Comptroller General report on Patient Advocacy Program of Department of Veterans Affairs. 

Subtitle C—Complementary and Integrative Health 

Sec. 121. Pilot program on integration of complementary alternative medicines 

and related issues for veterans and family members of veterans. 

Subtitle D—Fitness of Health Care Providers 

Sec. 131. Additional requirements for hiring of health care providers by Department of Veterans Affairs. 

Sec. 132. Provision of information on health care providers of Department of 

Veterans Affairs to State Medical Boards. 

Sec. 133. Report on compliance by Department of Veterans Affairs with reviews of health care providers leaving the Department or transferring to other facilities. 

Subtitle E—Other Matters 

Sec. 141. Audit of Veterans Health Administration programs of Department of 

Veterans Affairs. 

TITLE II—CONSTRUCTION AND FACILITIES MATTERS 

Sec. 201. Authorization of certain major medical facility projects of the Department of Veterans Affairs. 

Sec. 202. Submission of information. 

Sec. 203. Authorization of major medical facility leases. 

Sec. 204. Authorization of sale of Pershing Hall. 

Sec. 205. Authority to enter into certain leases at the Department of Veterans 

Affairs West Los Angeles Campus. 

TITLE III—MATTERS RELATING TO TOXIC EXPOSURE 

Sec. 301. Definitions. 

Sec. 302. National center for research on the diagnosis and treatment of health 

conditions of the descendants of individuals exposed to toxic 

substances during service in the Armed Forces that are related 

to such service. 

Sec. 303. Advisory Board. 

Sec. 304. Declassification review by Department of Defense of certain incidents 

of exposure of members of the Armed Forces to toxic substances. 


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Sec. 305. National outreach campaign on potential long-term health effects of 

exposure to toxic substances by members of the Armed Forces 

and their descendants. 

TITLE IV—OTHER MATTERS 

Sec. 401. Special compensation for loss or loss of use of creative organs. 

Sec. 402. Information technology system to assess and improve the family caregiver program; authority to expand program. 

Sec. 403. Extension of cost-of-living adjustments for disability compensation. 

1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 

2 Except as otherwise specifically provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 38, United States Code. 

7 TITLE I—HEALTH CARE 

8 MATTERS 

9 Subtitle A—Non-Department Care 

10 SEC. 101. VETERANS CARE AGREEMENTS. 

11 (a) IN GENERAL.—Subchapter I of chapter 17 is 

12 amended by inserting after section 1703 the following new 

13 section: 

14 ‘‘§ 1703A. Veterans Care Agreements with certain 

15 health care providers 

16 ‘‘(a) VETERANS CARE AGREEMENTS.—(1) In addi17 tion to furnishing hospital care, medical services, or ex18 tended care under this chapter at facilities of the Depart19 ment or under contracts or sharing agreements entered 

20 into pursuant to provisions of law other than this section, 

21 the Secretary may furnish such care and services to eligiVerDate Sep 11 2014 23:45 May 23, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

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1 ble veterans through the use of agreements entered into 

2 under this section by the Secretary with eligible providers. 

3 ‘‘(2) The Secretary may enter into Veterans Care 

4 Agreements under this section with eligible providers to 

5 furnish hospital care, medical services, and extended care 

6 to veterans whom the Secretary determines that fur7 nishing such care and services at facilities of the Depart8 ment or under contracts or sharing agreements under pro9 visions of law other than this section is impracticable or 

10 inadvisable because of the medical condition of the vet11 eran, the travel involved, or the nature of the care or serv12 ices required, or a combination of such factors. 

13 ‘‘(3) The Secretary may enter into Veterans Care 

14 Agreements under this section with eligible providers if the 

15 Secretary determines that the hospital care or medical 

16 services to be furnished under the agreement is not avail17 able to be furnished by a non-Department health care pro18 vider under a contract or sharing agreement entered into 

19 pursuant to provisions of law other than this section. 

20 ‘‘(b) VETERAN ELIGIBILITY.—Eligibility of a veteran 

21 for care and services under this section shall be deter22 mined as if such care or services were furnished in a facil23 ity of the Department, and provisions of this title applica24 ble to veterans receiving such care and services in a facility 


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1 of the Department shall apply to veterans receiving care 

2 and services under this section. 

3 ‘‘(c) PROVIDER ELIGIBILITY.—Subject to the certifi4 cation process pursuant to subsection (d)(1), a provider 

5 of hospital care, medical services, or extended care is eligi6 ble to enter into a Veterans Care Agreement under this 

7 section if the Secretary determines that the provider meets 

8 each of the following criteria: 

9 ‘‘(1) The gross annual revenue of the provider 

10 in the year preceding the year in which the provider 

11 enters into the Veterans Care Agreement does not 

12 exceed $11,000,000 (as adjusted in a manner simi13 lar to amounts adjusted pursuant to section 5312 of 

14 this title) or, with respect to a provider that is a 

15 nursing care facility (skilled nursing facility), 

16 $27,500,000 (as so adjusted). 

17 ‘‘(2) The provider does not otherwise provide 

18 such care or services to patients pursuant to a con19 tract entered into with a department or agency of 

20 the Federal Government. 

21 ‘‘(3) The provider is— 

22 ‘‘(A) a provider of services that has en23 rolled and entered into a provider agreement 

24 under section 1866(a) of the Social Security 

25 Act (42 U.S.C. 1395cc(a)); 


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1 ‘‘(B) a physician or supplier that has en2 rolled and entered into a participation agree3 ment under section 1842(h) of such Act (42 

4 U.S.C. 1395u(h)); 

5 ‘‘(C) a provider of items and services re6 ceiving payment under a State plan under title 

7 XIX of such Act (42 U.S.C. 1396 et seq.) or 

8 a waiver of such a plan; 

9 ‘‘(D) an Aging and Disability Resource 

10 Center, an area agency on aging, or a State 

11 agency (as defined in section 102 of the Older 

12 Americans Act of 1965 (42 U.S.C. 3002)); or 

13 ‘‘(E) a center for independent living (as 

14 defined in section 702 of the Rehabilitation Act 

15 of 1973 (29 U.S.C. 796a)). 

16 ‘‘(4) Any additional criteria determined appro17 priate by the Secretary. 

18 ‘‘(d) PROVIDER CERTIFICATION.—(1) The Secretary 

19 shall establish a process for the certification of eligible 

20 providers to enter into Veterans Care Agreements under 

21 this section that shall, at a minimum, set forth the fol22 lowing: 

23 ‘‘(A) Procedures for the submission of applica24 tions for certification and deadlines for actions taken 

25 by the Secretary with respect to such applications. 


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1 ‘‘(B) Standards and procedures for the ap2 proval and denial of certifications and the revocation 

3 of certifications. 

4 ‘‘(C) Procedures for assessing eligible providers 

5 based on the risk of fraud, waste, and abuse of such 

6 providers similar to the level of screening under sec7 tion 1866(j)(2)(B) of the Social Security Act (42 

8 U.S.C. 1395(j)(2)(B)) and the standards set forth 

9 under section 9.104 of title 48, Code of Federal 

10 Regulations, or any successor regulation. 

11 ‘‘(D) Requirement for denial or revocation of 

12 certification if the Secretary determines that the 

13 otherwise eligible provider is— 

14 ‘‘(i) excluded from participation in a Fed15 eral health care program (as defined in section 

16 1128B(f) of the Social Security Act (42 U.S.C. 

17 1320a–7b(f))) under section 1128 or 1128A of 

18 the Social Security Act (42 U.S.C. 1320a–7 

19 and 1320a–7a); or 

20 ‘‘(ii) identified as an excluded source on 

21 the list maintained in the System for Award 

22 Management, or any successor system. 

23 ‘‘(E) Procedures by which a provider whose cer24 tification is denied or revoked under the procedures 

25 established under this subsection will be identified as 


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1 an excluded source on the list maintained in the Sys2 tem for Award Management, or successor system, if 

3 the Secretary determines that such exclusion is ap4 propriate. 

5 ‘‘(2) To the extent practicable, the Secretary shall es6 tablish the procedures under paragraph (1) in a manner 

7 that takes into account any certification process adminis8 tered by another department or agency of the Federal 

9 Government that an eligible provider has completed by 

10 reason of being a provider described in any of subpara11 graphs (A) through (E) of subsection (c)(3). 

12 ‘‘(e) TERMS OF AGREEMENTS.—(1) The Secretary 

13 shall ensure that each Veterans Care Agreement include 

14 provisions requiring the eligible provider to do the fol15 lowing: 

16 ‘‘(A) To accept payment for care and services 

17 furnished under this section in accordance with 

18 paragraph (2). 

19 ‘‘(B) To accept payment under subparagraph 

20 (A) as payment in full for care and services fur21 nished under this section and to not seek any pay22 ment for such care and services from the recipient 

23 of such care. 

24 ‘‘(C) To furnish under this section only the care 

25 and services authorized by the Department under 


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1 this section unless the eligible provider receives prior 

2 written consent from the Department to furnish care 

3 and services outside the scope of such authorization. 

4 ‘‘(D) To bill the Department for care and serv5 ices furnished under this section in accordance with 

6 a methodology established by the Secretary for pur7 poses of this section. 

8 ‘‘(E) Not to seek to recover or collect from a 

9 health-plan contract or third party (as those terms 

10 are defined in section 1729 of this title) for any care 

11 or services for which payment is made by the De12 partment under this section. 

13 ‘‘(F) To provide medical records for veterans 

14 furnished care and services under this section to the 

15 Department in a timeframe and format specified by 

16 the Secretary for purposes of this section, except the 

17 Secretary may not require that any payment by the 

18 Secretary to the eligible provider be contingent on 

19 such provision of medical records. 

20 ‘‘(G) To meet other such terms and conditions, 

21 including quality of care assurance standards, as the 

22 Secretary may specify for purposes of this section. 

23 ‘‘(2)(A) Except as provided in subparagraphs (B) 

24 through (G), rates negotiated for care and services fur25 nished under a Veterans Care Agreement shall not be 


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1 more than the rates paid by the United States to a pro2 vider of services (as defined in section 1861(u) of the So3 cial Security Act (42 U.S.C. 1395x(u))) or a supplier (as 

4 defined in section 1861(d) of such Act (42 U.S.C. 

5 1395x(d))) under the Medicare program under title XVIII 

6 of the Social Security Act (42 U.S.C. 1395 et seq.) for 

7 the same care or services. 

8 ‘‘(B) With respect to the furnishing of care or serv9 ices under this section to an eligible veteran who resides 

10 in a highly rural area (as defined under the rural-urban 

11 commuting area codes developed by the Secretary of Agri12 culture and the Secretary of Health and Human Services), 

13 the Secretary of Veterans Affairs may negotiate a rate 

14 that is more than the rate paid by the United States as 

15 described in subparagraph (B). 

16 ‘‘(C) With respect to furnishing care or services 

17 under a Veterans Care Agreement in Alaska, the Alaska 

18 Fee Schedule of the Department of Veterans Affairs will 

19 be followed, except for when another payment agreement, 

20 including a contract or provider agreement, is in place. 

21 ‘‘(D) With respect to furnishing care or services 

22 under a Veterans Care Agreement in a State with an All23 Payer Model Agreement under the Social Security Act 

24 that became effective on or after January 1, 2014, the 

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1 culated based on the payment rates under such agreement, 

2 or any such successor agreement. 

3 ‘‘(E) With respect to furnishing care or services 

4 under a Veterans Care Agreement in a region in which 

5 the Secretary determines that adjusting the rate paid by 

6 the United States as described in subparagraph (A) is ap7 propriate, the Secretary may negotiate such an adjusted 

8 rate. 

9 ‘‘(F) With respect to furnishing care or services 

10 under a Veterans Care Agreement in a location or in a 

11 situation in which an exception to the rates paid by the 

12 United States under the Medicare program under title 

13 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 

14 for the same care or services applies, the Secretary shall 

15 follow such exception. 

16 ‘‘(G) With respect to furnishing care or services 

17 under a Veterans Care Agreement for care or services not 

18 covered under the Medicare program under title XVIII of 

19 the Social Security Act (42 U.S.C. 1395 et seq.), the Sec20 retary shall establish a schedule of fees for such care or 

21 services. 

22 ‘‘(f) EXCLUSION OF CERTAIN FEDERAL CON23 TRACTING PROVISIONS.—(1) Notwithstanding any other 

24 provision of law, the Secretary may enter into a Veterans 


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1 Care Agreement using procedures other than competitive 

2 procedures. 

3 ‘‘(2)(A) Except as provided in subparagraph (B) and 

4 unless otherwise provided in this section, an eligible pro5 vider that enters into a Veterans Care Agreement under 

6 this section is not subject to, in the carrying out of the 

7 agreement, any provision of law that providers of services 

8 and suppliers under the original Medicare fee-for-service 

9 program under parts A and B of title XVIII of the Social 

10 Security Act (42 U.S.C. 1395 et seq.) or the Medicaid pro11 gram under title XIX of such Act (42 U.S.C. 1396 et seq.) 

12 are not subject to. 

13 ‘‘(B) In addition to the provisions of laws covered by 

14 subparagraph (A), an eligible provider shall be subject to 

15 the following provisions of law: 

16 ‘‘(i) Any applicable law regarding integrity, eth17 ics, or fraud, or that subject a person to civil or 

18 criminal penalties. 

19 ‘‘(ii) Section 431 of title 18. 

20 ‘‘(iii) Section 1352 of title 31, except for the fil21 ing requirements under subsection (b) of such sec22 tion. 

23 ‘‘(iv) Section 4705 or 4712 of title 41, and any 

24 other applicable law regarding the protection of 

25 whistleblowers. 


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1 ‘‘(v) Section 4706(d) of title 41. 

2 ‘‘(vi) Title VII of the Civil Rights Act of 1964 

3 (42 U.S.C. 2000e et seq.) to the same extent as 

4 such title applies with respect to the eligible provider 

5 in providing care or services through an agreement 

6 or arrangement other than under a Veterans Care 

7 Agreement. 

8 ‘‘(C) An eligible provider that receives a payment 

9 from the Federal Government pursuant to a Veterans 

10 Care Agreement shall not be treated as a Federal con11 tractor or subcontractor by the Office of Federal Contract 

12 Compliance Programs of the Department of Labor based 

13 on the work performed or actions taken by such eligible 

14 provider that resulted in the receipt of such payments. 

15 ‘‘(g) TERMINATION OF A VETERANS CARE AGREE16 MENT.—(1) An eligible provider may terminate a Veterans 

17 Care Agreement with the Secretary under this section at 

18 such time and upon such notice to the Secretary as the 

19 Secretary may specify for purposes of this section. 

20 ‘‘(2) The Secretary may terminate a Veterans Care 

21 Agreement with an eligible provider under this section at 

22 such time and upon such notice to the eligible provider 

23 as the Secretary may specify for the purposes of this sec24 tion, if the Secretary— 


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1 ‘‘(A) determines that the eligible provider failed 

2 to comply with the provisions of the agreement or 

3 this section or other applicable provision of law; 

4 ‘‘(B) makes a revocation pursuant to subsection 

5 (d)(1)(4); 

6 ‘‘(C) ascertains that the eligible provider has 

7 been convicted of a felony or other serious offense 

8 under Federal or State law and determines that the 

9 continued participation of the eligible provider would 

10 be detrimental to the best interests of veterans of 

11 the Department; or 

12 ‘‘(D) determines that it is reasonable to termi13 nate the agreement based on the health care needs 

14 of veterans. 

15 ‘‘(h) DISPUTES.—(1) The Secretary shall establish 

16 administrative procedures for eligible providers with which 

17 the Secretary has entered into a Veterans Care Agreement 

18 to present any dispute arising under or related to the 

19 agreement. 

20 ‘‘(2) Before using any dispute resolution mechanism 

21 under chapter 71 of title 41 with respect to a dispute aris22 ing under a Veterans Care Agreement under this section, 

23 an eligible provider must first exhaust the administrative 

24 procedures established by the Secretary under paragraph 

25 (1). 


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1 ‘‘(i) ANNUAL REPORTS.—Not later than October 1 

2 of the year following the fiscal year in which the Secretary 

3 first enters into a Veterans Care Agreement, and each 

4 year thereafter, the Secretary shall submit to the appro5 priate congressional committees an annual report that in6 cludes— 

7 ‘‘(1) a list of all Veterans Care Agreements en8 tered into as of the date of the report; and 

9 ‘‘(2) summaries of each determination made by 

10 the Secretary under subsection (h)(2) during the fis11 cal year covered by the report. 

12 ‘‘(j) QUALITY OF CARE.—In carrying out this sec13 tion, the Secretary shall use the quality of care standards 

14 set forth or used by the Centers for Medicare & Medicaid 

15 Services. 

16 ‘‘(k) DELEGATION.—The Secretary may delegate the 

17 authority to enter into or terminate a Veterans Care 

18 Agreement, or to make a determination described in sub19 section (h)(2), at a level not below the Assistant Deputy 

20 Under Secretary for Health for Community Care. 

21 ‘‘(l) SUNSET.—The Secretary may not enter into or 

22 renew a Veterans Care Agreement under this section after 

23 September 30, 2017. 

24 ‘‘(m) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘appropriate congressional com2 mittees’ means— 

3 ‘‘(A) the Committees on Veterans’ Affairs 

4 of the House of Representatives and the Sen5 ate; and 

6 ‘‘(B) the Committees on Appropriations of 

7 the House of Representatives and the Senate. 

8 ‘‘(2) The term ‘eligible provider’ means a pro9 vider of hospital care, medical services, or extended 

10 care that the Secretary determines is eligible to 

11 enter into Veterans Care Agreements under sub12 section (c). 

13 ‘‘(3) The term ‘Veterans Care Agreement’ 

14 means an agreement entered into by the Secretary 

15 with an eligible provider under subsection (a)(1).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 17 is amended by inserting 

18 after the item relating to section 1703 the following new 

19 item: 

‘‘1703A. Veterans Care Agreements with certain health care providers.’’. 

20 SEC. 102. PAYMENT OF HEALTH CARE PROVIDERS. 

21 (a) IN GENERAL.—Chapter 17 is amended by insert22 ing after section 1703A, as added by section 101, the fol23 lowing new section: 


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1 ‘‘§ 1703B. Payment of health care providers 

2 ‘‘(a) PROMPT PAYMENT.—If, in making payments to 

3 non-Department health care providers under contracts or 

4 sharing agreements entered into pursuant to this chapter 

5 or any other provision of law, the Secretary is required 

6 to pay any fees or penalties by reason of not fully com7 plying with chapter 39 of title 31 (commonly referred to 

8 as the ‘Prompt Payment Act’), such fees or penalties shall 

9 be derived from the Medical Services account of the De10 partment. 

11 ‘‘(b) QUARTERLY REPORTS.—On a quarterly basis 

12 during fiscal years 2018 through 2022, the Secretary shall 

13 submit to the Committees on Veterans Affairs of the 

14 House of Representatives and the Senate a report, with 

15 respect to the quarter covered by the report, identifying 

16 each fee or penalty paid by the Secretary for not fully com17 plying with chapter 39 of title 31 as described in sub18 section (a) and including an explanation of the reason the 

19 Secretary did not fully comply with such chapter 39.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 17 is amended by inserting 

22 after the item relating to section 1703A, as added by sec23 tion 101, the following new item: 

‘‘1703B. Payment of health care providers.’’. 


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1 Subtitle B—Patient Advocacy 

2 SEC. 111. COMMUNITY MEETINGS ON IMPROVING CARE 

3 FURNISHED BY DEPARTMENT OF VETERANS 

4 AFFAIRS. 

5 (a) COMMUNITY MEETINGS.— 

6 (1) MEDICAL CENTERS.—Not later than 90 

7 days after the date of the enactment of this Act, and 

8 not less frequently than once every 90 days there9 after, the Secretary shall ensure that each medical 

10 facility of the Department of Veterans Affairs hosts 

11 a community meeting open to the public on improv12 ing health care furnished by the Secretary. 

13 (2) COMMUNITY BASED OUTPATIENT CLIN14 ICS.—Not later than one year after the date of the 

15 enactment of this Act, and not less frequently than 

16 annually thereafter, the Secretary shall ensure that 

17 each community based outpatient clinic of the De18 partment hosts a community meeting open to the 

19 public on improving health care furnished by the 

20 Secretary. 

21 (b) ATTENDANCE BY DIRECTOR OF VETERANS INTE22 GRATED SERVICE NETWORK OR DESIGNEE.— 

23 (1) IN GENERAL.—Each community meeting 

24 hosted by a medical facility or community based out25 patient clinic under subsection (a) shall be attended 


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1 by the Director of the Veterans Integrated Service 

2 Network in which the medical facility or community 

3 based outpatient clinic, as the case may be, is lo4 cated. Subject to paragraph (2), the Director may 

5 delegate such attendance only to an employee who 

6 works in the Office of the Director. 

7 (2) ATTENDANCE BY DIRECTOR.—Each Direc8 tor of a Veterans Integrated Service Network shall 

9 personally attend not less than one community meet10 ing under subsection (a) hosted by each medical fa11 cility located in the Veterans Integrated Service Net12 work each year. 

13 (c) NOTICE.—The Secretary shall notify the Com14 mittee on Veterans’ Affairs of the Senate, the Committee 

15 on Veterans’ Affairs of the House of Representatives, and 

16 each Member of Congress (as defined in section 104) who 

17 represents the area in which the medical facility is located 

18 of a community meeting under subsection (a) by not later 

19 than 10 days before such community meeting occurs. 

20 SEC. 112. IMPROVEMENT OF AWARENESS OF PATIENT AD21 VOCACY PROGRAM AND PATIENT BILL OF 

22 RIGHTS OF DEPARTMENT OF VETERANS AF23 FAIRS. 

24 Not later than 90 days after the date of the enact25 ment of this Act, the Secretary of Veterans Affairs shall, 


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1 in as many prominent locations as the Secretary deter2 mines appropriate to be seen by the largest percentage of 

3 patients and family members of patients at each medical 

4 facility of the Department of Veterans Affairs— 

5 (1) display the purposes of the Patient Advo6 cacy Program of the Department and the contact in7 formation for the patient advocate at such medical 

8 facility; and 

9 (2) display the rights and responsibilities of— 

10 (A) patients and family members and pa11 tients at such medical facility; and 

12 (B) with respect to community living cen13 ters and other residential facilities of the De14 partment, residents and family members of resi15 dents at such medical facility. 

16 SEC. 113. COMPTROLLER GENERAL REPORT ON PATIENT 

17 ADVOCACY PROGRAM OF DEPARTMENT OF 

18 VETERANS AFFAIRS. 

19 (a) IN GENERAL.—Not later than two years after the 

20 date of the enactment of this Act, the Comptroller General 

21 of the United States shall submit to the Committee on 

22 Veterans’ Affairs of the Senate and the Committee on Vet23 erans’ Affairs of the House of Representatives a report 

24 on the Patient Advocacy Program of the Department of 


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1 Veterans Affairs (in this section referred to as the ‘‘Pro2 gram’’). 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) A description of the Program, including— 

6 (A) the purpose of the Program; 

7 (B) the activities carried out under the 

8 Program; and 

9 (C) the sufficiency of the Program in 

10 achieving the purpose of the Program. 

11 (2) An assessment of the sufficiency of staffing 

12 of employees of the Department responsible for car13 rying out the Program. 

14 (3) An assessment of the sufficiency of the 

15 training of such employees. 

16 (4) An assessment of— 

17 (A) the awareness of the Program among 

18 veterans and family members of veterans; and 

19 (B) the use of the Program by veterans 

20 and family members of veterans. 

21 (5) Such recommendations and proposals for 

22 improving or modifying the Program as the Comp23 troller General considers appropriate. 


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1 (6) Such other information with respect to the 

2 Program as the Comptroller General considers ap3 propriate. 

4 Subtitle C—Complementary and 

5 Integrative Health 

6 SEC. 121. PILOT PROGRAM ON INTEGRATION OF COM7 PLEMENTARY ALTERNATIVE MEDICINES AND 

8 RELATED ISSUES FOR VETERANS AND FAM9 ILY MEMBERS OF VETERANS. 

10 (a) PILOT PROGRAM.— 

11 (1) IN GENERAL.—Not later than two years 

12 after the date of the enactment of this Act, the Sec13 retary of Veterans Affairs shall commence a pilot 

14 program to assess the feasibility and advisability of 

15 using wellness-based programs (as defined by the 

16 Secretary) to complement the provision of pain man17 agement and related health care services, including 

18 mental health care services, to veterans. 

19 (2) MATTERS ADDRESSED.—In carrying out the 

20 pilot program, the Secretary shall assess the fol21 lowing: 

22 (A) Means of improving coordination be23 tween Federal, State, local, and community pro24 viders of health care in the provision of pain 


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1 management and related health care services to 

2 veterans. 

3 (B) Means of enhancing outreach, and co4 ordination of outreach, by and among providers 

5 of health care referred to in subparagraph (A) 

6 on the pain management and related health 

7 care services available to veterans. 

8 (C) Means of using wellness-based pro9 grams of providers of health care referred to in 

10 subparagraph (A) as complements to the provi11 sion by the Department of pain management 

12 and related health care services to veterans. 

13 (D) Whether wellness-based programs de14 scribed in subparagraph (C)— 

15 (i) are effective in enhancing the qual16 ity of life and well-being of veterans; 

17 (ii) are effective in increasing the ad18 herence of veterans to the primary pain 

19 management and related health care serv20 ices provided such veterans by the Depart21 ment; 

22 (iii) have an effect on the sense of 

23 well-being of veterans who receive primary 

24 pain management and related health care 

25 services from the Department; and 


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1 (iv) are effective in encouraging vet2 erans receiving health care from the De3 partment to adopt a more healthy lifestyle. 

4 (b) DURATION.—The Secretary shall carry out the 

5 pilot program under subsection (a)(1) for a period of three 

6 years. 

7 (c) LOCATIONS.— 

8 (1) FACILITIES.—The Secretary shall carry out 

9 the pilot program under subsection (a)(1) at facili10 ties of the Department providing pain management 

11 and related health care services, including mental 

12 health care services, to veterans. In selecting such 

13 facilities to carry out the pilot program, the Sec14 retary shall select not fewer than 15 medical centers 

15 of the Department, of which not fewer than two 

16 shall be polytrauma rehabilitation centers of the De17 partment. 

18 (2) MEDICAL CENTERS WITH PRESCRIPTION

19 RATES OF OPIOIDS THAT CONFLICT WITH CARE

20 STANDARDS.—In selecting the medical centers under 

21 paragraph (1), the Secretary shall give priority to 

22 medical centers of the Department at which there is 

23 a prescription rate of opioids that conflicts with or 

24 is otherwise inconsistent with the standards of ap25 propriate and safe care. 


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1 (d) PROVISION OF SERVICES.—Under the pilot pro2 gram under subsection (a)(1), the Secretary shall provide 

3 covered services to covered veterans by integrating com4 plementary and alternative medicines and integrative 

5 health services with other services provided by the Depart6 ment at the medical centers selected under subsection (c). 

7 (e) COVERED VETERANS.—For purposes of the pilot 

8 program under subsection (a)(1), a covered veteran is any 

9 veteran who— 

10 (1) has a mental health condition diagnosed by 

11 a clinician of the Department; 

12 (2) experiences chronic pain; 

13 (3) has a chronic condition being treated by a 

14 clinician of the Department; or 

15 (4) is not described in paragraph (1), (2), or 

16 (3) and requests to participate in the pilot program 

17 or is referred by a clinician of the Department who 

18 is treating the veteran. 

19 (f) COVERED SERVICES.— 

20 (1) IN GENERAL.—For purposes of the pilot 

21 program, covered services are services consisting of 

22 complementary and integrative health services as se23 lected by the Secretary. 


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1 (2) ADMINISTRATION OF SERVICES.—Covered 

2 services shall be administered under the pilot pro3 gram as follows: 

4 (A) Covered services shall be administered 

5 by professionals or other instructors with ap6 propriate training and expertise in complemen7 tary and integrative health services who are em8 ployees of the Department or with whom the 

9 Department enters into an agreement to pro10 vide such services. 

11 (B) Covered services shall be included as 

12 part of the Patient Aligned Care Teams initia13 tive of the Office of Patient Care Services, Pri14 mary Care Program Office, in coordination with 

15 the Office of Patient Centered Care and Cul16 tural Transformation. 

17 (C) Covered services shall be made avail18 able to— 

19 (i) covered veterans who have received 

20 conventional treatments from the Depart21 ment for the conditions for which the cov22 ered veteran seeks complementary and in23 tegrative health services under the pilot 

24 program; and 


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1 (ii) covered veterans who have not re2 ceived conventional treatments from the 

3 Department for such conditions. 

4 (g) REPORTS.— 

5 (1) IN GENERAL.—Not later than 30 months 

6 after the date on which the Secretary commences the 

7 pilot program under subsection (a)(1), the Secretary 

8 shall submit to the Committee on Veterans’ Affairs 

9 of the Senate and the Committee on Veterans’ Af10 fairs of the House of Representatives a report on the 

11 pilot program. 

12 (2) ELEMENTS.—The report under paragraph 

13 (1) shall include the following: 

14 (A) The findings and conclusions of the 

15 Secretary with respect to the pilot program 

16 under subsection (a)(1), including with respect 

17 to— 

18 (i) the use and efficacy of the com19 plementary and integrative health services 

20 established under the pilot program; 

21 (ii) the outreach conducted by the 

22 Secretary to inform veterans and commu23 nity organizations about the pilot program; 

24 and 


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1 (iii) an assessment of the benefit of 

2 the pilot program to covered veterans in 

3 mental health diagnoses, pain manage4 ment, and treatment of chronic illness. 

5 (B) Identification of any unresolved bar6 riers that impede the ability of the Secretary to 

7 incorporate complementary and integrative 

8 health services with other health care services 

9 provided by the Department. 

10 (C) Such recommendations for the continu11 ation or expansion of the pilot program as the 

12 Secretary considers appropriate. 

13 (h) COMPLEMENTARY AND INTEGRATIVE HEALTH

14 DEFINED.—In this section, the term ‘‘complementary and 

15 integrative health’’ shall have the meaning given that term 

16 by the National Institutes of Health. 

17 Subtitle D—Fitness of Health Care 

18 Providers 

19 SEC. 131. ADDITIONAL REQUIREMENTS FOR HIRING OF 

20 HEALTH CARE PROVIDERS BY DEPARTMENT 

21 OF VETERANS AFFAIRS. 

22 As part of the hiring process for each health care pro23 vider considered for a position at the Department of Vet24 erans Affairs after the date of the enactment of the Act, 

25 the Secretary of Veterans Affairs shall require from the 


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1 medical board of each State in which the health care pro2 vider has a medical license— 

3 (1) information on any violation of the require4 ments of the medical license of the health care pro5 vider during the 20-year period preceding the con6 sideration of the health care provider by the Depart7 ment; and 

8 (2) information on whether the health care pro9 vider has entered into any settlement agreement for 

10 the disciplinary charge relating to the practice of 

11 medicine by the health care provider. 

12 SEC. 132. PROVISION OF INFORMATION ON HEALTH CARE 

13 PROVIDERS OF DEPARTMENT OF VETERANS 

14 AFFAIRS TO STATE MEDICAL BOARDS. 

15 Notwithstanding section 552a of title 5, United 

16 States Code, with respect to each health care provider of 

17 the Department of Veterans Affairs who has violated a 

18 requirement of the medical license of the health care pro19 vider, the Secretary of Veterans Affairs shall provide to 

20 the medical board of each State in which the health care 

21 provider is licensed detailed information with respect to 

22 such violation, regardless of whether such board has for23 mally requested such information. 


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1 SEC. 133. REPORT ON COMPLIANCE BY DEPARTMENT OF 

2 VETERANS AFFAIRS WITH REVIEWS OF 

3 HEALTH CARE PROVIDERS LEAVING THE DE4 PARTMENT OR TRANSFERRING TO OTHER 

5 FACILITIES. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Veterans Affairs shall 

8 submit to the Committee on Veterans’ Affairs of the Sen9 ate and the Committee on Veterans’ Affairs of the House 

10 of Representatives a report on the compliance by the De11 partment of Veterans Affairs with the policy of the De12 partment— 

13 (1) to conduct a review of each health care pro14 vider of the Department who transfers to another 

15 medical facility of the Department, retires, or is ter16 minated to determine whether there are any con17 cerns, complaints, or allegations of violations relat18 ing to the medical practice of the health care pro19 vider; and 

20 (2) to take appropriate action with respect to 

21 any such concern, complaint, or allegation. 


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1 Subtitle E—Other Matters 

2 SEC. 141. AUDIT OF VETERANS HEALTH ADMINISTRATION 

3 PROGRAMS OF DEPARTMENT OF VETERANS 

4 AFFAIRS. 

5 (a) AUDIT.—The Secretary of Veterans Affairs shall 

6 seek to enter into a contract with a nongovernmental enti7 ty under which the entity shall conduct audits of the pro8 grams of the Veterans Health Administration of the De9 partment of Veterans Affairs to identify ways to improve 

10 the furnishing of benefits and health care administered by 

11 the Veterans Health Administration to veterans and fami12 lies of veterans. 

13 (b) AUDIT REQUIREMENTS.—In carrying out each 

14 audit under subsection (a), the entity shall perform the 

15 following: 

16 (1) Five-year risk assessments to identify the 

17 functions, staff organizations, and staff offices of the 

18 Veterans Health Administration that would lead to19 wards the greatest improvement in furnishing of 

20 benefits and health care to veterans and families of 

21 veterans. 

22 (2) Development of plans that are informed by 

23 the risk assessment under paragraph (1) to conduct 

24 audits of the functions, staff organizations, and staff 

25 offices identified under paragraph (1). 


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1 (3) Conduct audits in accordance with the plans 

2 developed pursuant to paragraph (2). 

3 (c) REPORTS.—Not later than 90 days after the date 

4 on which each audit is completed under subsection (a), 

5 the Secretary shall submit to the Committees on Veterans’ 

6 Affairs of the House of Representatives and the Senate 

7 a report that includes— 

8 (1) a summary of the audit; 

9 (2) the findings of the entity that conducted the 

10 audit with respect to the audit; and 

11 (3) such recommendations as the Secretary de12 termines appropriate for legislative or administrative 

13 action to improve the furnishing of benefits and 

14 health care to veterans and families of veterans. 

15 TITLE II—CONSTRUCTION AND 

16 FACILITIES MATTERS 

17 SEC. 201. AUTHORIZATION OF CERTAIN MAJOR MEDICAL 

18 FACILITY PROJECTS OF THE DEPARTMENT 

19 OF VETERANS AFFAIRS. 

20 (a) AUTHORIZATION.—The Secretary of Veterans Af21 fairs may carry out the following major medical facility 

22 projects, with each project to be carried out in an amount 

23 not to exceed the amount specified for that project: 

24 (1) Seismic corrections to buildings, including 

25 retrofitting and replacement of high-risk buildings, 


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1 in San Francisco, California, in an amount not to 

2 exceed $175,880,000. 

3 (2) Seismic corrections to facilities, including 

4 facilities to support homeless veterans, at the med5 ical center in West Los Angeles, California, in an 

6 amount not to exceed $100,250,000. 

7 (3) Seismic corrections to the mental health 

8 and community living center in Long Beach, Cali9 fornia, in an amount not to exceed $282,100,000. 

10 (4) Construction of an outpatient clinic, admin11 istrative space, cemetery, and columbarium in Ala12 meda, California, in an amount not to exceed 

13 $83,782,000. 

14 (5) Realignment of medical facilities in Liver15 more, California, in an amount not to exceed 

16 $188,650,000. 

17 (6) Construction of a replacement community 

18 living center in Perry Point, Maryland, in an 

19 amount not to exceed $92,700,000. 

20 (7) Seismic corrections and other renovations to 

21 several buildings and construction of a specialty care 

22 building in American Lake, Washington, in an 

23 amount not to exceed $13,830,000. 

24 (b) AUTHORIZATION OF APPROPRIATIONS FOR CON25 STRUCTION.—There is authorized to be appropriated to 


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1 the Secretary of Veterans Affairs for fiscal year 2016 or 

2 the year in which funds are appropriated for the Construc3 tion, Major Projects, account, $937,192,000 for the 

4 projects authorized in subsection (a). 

5 (c) LIMITATION.—The projects authorized in sub6 section (a) may only be carried out using— 

7 (1) funds appropriated for fiscal year 2016 pur8 suant to the authorization of appropriations in sub9 section (b); 

10 (2) funds available for Construction, Major 

11 Projects, for a fiscal year before fiscal year 2016 

12 that remain available for obligation; 

13 (3) funds available for Construction, Major 

14 Projects, for a fiscal year after fiscal year 2016 that 

15 remain available for obligation; 

16 (4) funds appropriated for Construction, Major 

17 Projects, for fiscal year 2016 for a category of activ18 ity not specific to a project; 

19 (5) funds appropriated for Construction, Major 

20 Projects, for a fiscal year before fiscal year 2016 for 

21 a category of activity not specific to a project; and 

22 (6) funds appropriated for Construction, Major 

23 Projects, for a fiscal year after fiscal year 2016 for 

24 a category of activity not specific to a project. 


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1 SEC. 202. SUBMISSION OF INFORMATION. 

2 Not later than 90 days after the date of the enact3 ment of this Act, for each project authorized in section 

4 2(a), the Secretary of Veterans Affairs shall submit to the 

5 Committees on Veterans’ Affairs of the House of Rep6 resentatives and the Senate the following information: 

7 (1) A line item accounting of expenditures re8 lating to construction management carried out by 

9 the Department of Veterans Affairs for such project. 

10 (2) The future amounts that are budgeted to be 

11 obligated for construction management carried out 

12 by the Department for such project. 

13 (3) A justification for the expenditures de14 scribed in paragraph (1) and the future amounts de15 scribed in paragraph (2). 

16 (4) Any agreement entered into by the Sec17 retary regarding the Army Corps of Engineers pro18 viding services relating to such project, including re19 imbursement agreements and the costs to the De20 partment of Veterans Affairs for such services. 

21 SEC. 203. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

22 LEASES. 

23 The Secretary of Veterans Affairs may carry out the 

24 following major medical facility leases at the locations 

25 specified, and in an amount for each lease not to exceed 


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1 the amount shown for such location (not including any es2 timated cancellation costs): 

3 (1) For an outpatient clinic, Ann Arbor, Michi4 gan, an amount not to exceed $17,093,000. 

5 (2) For an outpatient mental health clinic, Bir6 mingham, Alabama, an amount not to exceed 

7 $6,971,000. 

8 (3) For an outpatient specialty clinic, Bir9 mingham, Alabama, an amount not to exceed 

10 $10,479,000. 

11 (4) For research space, Boston, Massachusetts, 

12 an amount not to exceed $5,497,000. 

13 (5) For research space, Charleston, South 

14 Carolina, an amount not to exceed $6,581,000. 

15 (6) For an outpatient clinic, Daytona Beach, 

16 Florida, an amount not to exceed $12,664,000. 

17 (7) For Chief Business Office Purchased Care 

18 office space, Denver, Colorado, an amount not to ex19 ceed $17,215,000. 

20 (8) For an outpatient clinic, Gainesville, Flor21 ida, an amount not to exceed $4,686,000. 

22 (9) For an outpatient clinic, Hampton Roads, 

23 Virginia, an amount not to exceed $18,124,000. 

24 (10) For research space Mission Bay, Cali25 fornia, an amount not to exceed $23,454,000. 


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1 (11) For an outpatient clinic, Missoula, Mon2 tana, an amount not to exceed $7,130,000. 

3 (12) For an outpatient clinic, Northern Colo4 rado, Colorado, an amount not to exceed 

5 $8,776,000. 

6 (13) For an outpatient clinic, Ocala, Florida, 

7 an amount not to exceed $5,279,000. 

8 (14) For an outpatient clinic, Oxnard, Cali9 fornia, an amount not to exceed $6,297,000. 

10 (15) For an outpatient clinic, Pike County, 

11 Georgia, an amount not to exceed $5,757,000. 

12 (16) For an outpatient clinic, Portland, Maine, 

13 an amount not to exceed $6,846,000. 

14 (17) For an outpatient clinic, Raleigh, North 

15 Carolina, an amount not to exceed $21,607,000. 

16 (18) For an outpatient clinic, Santa Rosa, Cali17 fornia, an amount not to exceed $6,498,000. 

18 SEC. 204. AUTHORIZATION OF SALE OF PERSHING HALL. 

19 Section 403 of the Veterans’ Benefits Programs Im20 provement Act of 1991 (Public Law 102–86; 38 U.S.C. 

21 2400 note) is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(f) AUTHORIZATION OF SALE.—(1) The Secretary 

24 may sell for fair market value Pershing Hall and transfer 

25 and convey to the purchaser all right, title, and interest 


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1 of the United States in or to such property. The Secretary 

2 shall determine fair market value based on an independent 

3 assessment conducted by another department or agency 

4 of the Federal Government or a nongovernmental entity. 

5 The Secretary may only accept money as consideration for 

6 such sale. 

7 ‘‘(2) If the Secretary sells Pershing Hall pursuant to 

8 paragraph (1), the Secretary shall return to the entity 

9 from which the United States acquired Pershing Hall pur10 suant to the Act of June 28, 1935 (Chapter 323; 49 Stat. 

11 426), any personal property (including memorabilia re12 garding General Pershing and the American Expedi13 tionary Forces in France during World War I) in the pos14 session of the Department of Veterans Affairs as of the 

15 date of the enactment of this subsection that was located 

16 in Pershing Hall (or otherwise associated with Pershing 

17 Hall) on the date of such acquisition. 

18 ‘‘(3) The funds received by the Secretary pursuant 

19 to the sale of Pershing Hall under paragraph (1) shall 

20 be deposited in the ‘Construction, Major Projects’ account 

21 of the Department and be made available, without fiscal 

22 year limitation, for the purposes of such account. 

23 ‘‘(4)(A) Effective on the day after the date of the sale 

24 of Pershing Hall authorized under paragraph (1), the au25 thority of the Secretary to carry out subsections (a), (b), 


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1 (c), and (e) shall terminate except for purposes of carrying 

2 out paragraph (2) of this subsection. 

3 ‘‘(B) Effective on the date that is one year after the 

4 date of the sale of Pershing Hall authorized under para5 graph (1), the Pershing Hall Revolving Fund shall be 

6 abolished and the corpus of the fund, including accrued 

7 interest, shall be deposited in the ‘Construction, Major 

8 Projects’ account of the Department and be made avail9 able, without fiscal year limitation, for the purposes of 

10 such account.’’. 

11 SEC. 205. AUTHORITY TO ENTER INTO CERTAIN LEASES AT 

12 THE DEPARTMENT OF VETERANS AFFAIRS 

13 WEST LOS ANGELES CAMPUS. 

14 (a) IN GENERAL.—The Secretary of Veterans Affairs 

15 may carry out leases described in subsection (b) at the 

16 Department of Veterans Affairs West Los Angeles Cam17 pus in Los Angeles, California (hereinafter in this section 

18 referred to as the ‘‘Campus’’). 

19 (b) LEASES DESCRIBED.—Leases described in this 

20 subsection are the following: 

21 (1) Any enhanced-use lease of real property 

22 under subchapter V of chapter 81 of title 38, United 

23 States Code, for purposes of providing supportive 

24 housing, as that term is defined in section 8161(3) 


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1 of such title, that principally benefit veterans and 

2 their families. 

3 (2) Any lease of real property for a term not to 

4 exceed 50 years to a third party to provide services 

5 that principally benefit veterans and their families 

6 and that are limited to one or more of the following 

7 purposes: 

8 (A) The promotion of health and wellness, 

9 including nutrition and spiritual wellness. 

10 (B) Education. 

11 (C) Vocational training, skills building, or 

12 other training related to employment. 

13 (D) Peer activities, socialization, or phys14 ical recreation. 

15 (E) Assistance with legal issues and Fed16 eral benefits. 

17 (F) Volunteerism. 

18 (G) Family support services, including 

19 child care. 

20 (H) Transportation. 

21 (I) Services in support of one or more of 

22 the purposes specified in subparagraphs (A) 

23 through (H). 

24 (3) A lease of real property for a term not to 

25 exceed 10 years to The Regents of the University of 


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1 California, a corporation organized under the laws of 

2 the State of California, on behalf of its University of 

3 California, Los Angeles (UCLA) campus (herein4 after in this section referred to as ‘‘The Regents’’), 

5 if— 

6 (A) the lease is consistent with the master 

7 plan described in subsection (g); 

8 (B) the provision of services to veterans is 

9 the predominant focus of the activities of The 

10 Regents at the Campus during the term of the 

11 lease; 

12 (C) The Regents expressly agrees to pro13 vide, during the term of the lease and to an ex14 tent and in a manner that the Secretary con15 siders appropriate, additional services and sup16 port (for which The Regents is not compensated 

17 by the Secretary or through an existing medical 

18 affiliation agreement) that— 

19 (i) principally benefit veterans and 

20 their families, including veterans that are 

21 severely disabled, women, aging, or home22 less; and 

23 (ii) may consist of activities relating 

24 to the medical, clinical, therapeutic, die25 tary, rehabilitative, legal, mental, spiritual, 


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1 physical, recreational, research, and coun2 seling needs of veterans and their families 

3 or any of the purposes specified in any of 

4 subparagraphs (A) through (I) of para5 graph (1); and 

6 (D) The Regents maintains records docu7 menting the value of the additional services and 

8 support that The Regents provides pursuant to 

9 subparagraph (C) for the duration of the lease 

10 and makes such records available to the Sec11 retary. 

12 (c) LIMITATION ON LAND-SHARING AGREEMENTS.— 

13 The Secretary may not carry out any land-sharing agree14 ment pursuant to section 8153 of title 38, United States 

15 Code, at the Campus unless such agreement— 

16 (1) provides additional health care resources to 

17 the Campus; and 

18 (2) benefits veterans and their families other 

19 than from the generation of revenue for the Depart20 ment of Veterans Affairs. 

21 (d) REVENUES FROM LEASES AT THE CAMPUS.— 

22 Any funds received by the Secretary under a lease de23 scribed in subsection (b) shall be credited to the applicable 

24 Department medical facilities account and shall be avail25 able, without fiscal year limitation and without further apVerDate Sep 11 2014 23:45 May 23, 2016 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

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1 propriation, exclusively for the renovation and mainte2 nance of the land and facilities at the Campus. 

3 (e) EASEMENTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law (other than Federal laws relating to 

6 environmental and historic preservation), pursuant 

7 to section 8124 of title 38, United States Code, the 

8 Secretary may grant easements or rights-of-way on, 

9 above, or under lands at the Campus to— 

10 (A) any local or regional public transpor11 tation authority to access, construct, use, oper12 ate, maintain, repair, or reconstruct public 

13 mass transit facilities, including, fixed guideway 

14 facilities and transportation centers; and 

15 (B) the State of California, County of Los 

16 Angeles, City of Los Angeles, or any agency or 

17 political subdivision thereof, or any public util18 ity company (including any company providing 

19 electricity, gas, water, sewage, or telecommuni20 cation services to the public) for the purpose of 

21 providing such public utilities. 

22 (2) IMPROVEMENTS.—Any improvements pro23 posed pursuant to an easement or right-of-way au24 thorized under paragraph (1) shall be subject to 


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1 such terms and conditions as the Secretary considers 

2 appropriate. 

3 (3) TERMINATION.—Any easement or right-of4 way authorized under paragraph (1) shall be termi5 nated upon the abandonment or nonuse of the ease6 ment or right-of-way and all right, title, and interest 

7 in the land covered by the easement or right-of-way 

8 shall revert to the United States. 

9 (f) PROHIBITION ON SALE OF PROPERTY.—Notwith10 standing section 8164 of title 38, United States Code, the 

11 Secretary may not sell or otherwise convey to a third party 

12 fee simple title to any real property or improvements to 

13 real property made at the Campus. 

14 (g) CONSISTENCY WITH MASTER PLAN.—The Sec15 retary shall ensure that each lease carried out under this 

16 section is consistent with the draft master plan approved 

17 by the Secretary on January 28, 2016, or successor mas18 ter plans. 

19 (h) COMPLIANCE WITH CERTAIN LAWS.— 

20 (1) LAWS RELATING TO LEASES AND LAND

21 USE.—If the Inspector General of the Department of 

22 Veterans Affairs determines, as part of an audit re23 port or evaluation conducted by the Inspector Gen24 eral, that the Department is not in compliance with 

25 all Federal laws relating to leases and land use at 


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1 the Campus, or that significant mismanagement has 

2 occurred with respect to leases or land use at the 

3 Campus, the Secretary may not enter into any lease 

4 or land-sharing agreement at the Campus, or renew 

5 any such lease or land-sharing agreement that is not 

6 in compliance with such laws, until the Secretary 

7 certifies to the Committee on Veterans’ Affairs of 

8 the Senate, the Committee on Veterans’ Affairs of 

9 the House of Representatives, and each Member of 

10 the Senate and the House of Representatives who 

11 represents the area in which the Campus is located 

12 that all recommendations included in the audit re13 port or evaluation have been implemented. 

14 (2) COMPLIANCE OF PARTICULAR LEASES.— 

15 Except as otherwise expressly provided by this sec16 tion, no lease may be entered into or renewed under 

17 this section unless the lease complies with chapter 

18 33 of title 41, United States Code, and all Federal 

19 laws relating to environmental and historic preserva20 tion. 

21 (i) VETERANS AND COMMUNITY OVERSIGHT AND EN22 GAGEMENT BOARD.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this Act, the Sec25 retary shall establish a Veterans and Community 


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1 Oversight and Engagement Board (in this sub2 section referred to as the ‘‘Board’’) for the Campus 

3 to coordinate locally with the Department of Vet4 erans Affairs to— 

5 (A) identify the goals of the community 

6 and veteran partnership; 

7 (B) provide advice and recommendations 

8 to the Secretary to improve services and out9 comes for veterans, members of the Armed 

10 Forces, and the families of such veterans and 

11 members; and 

12 (C) provide advice and recommendations 

13 on the implementation of the draft master plan 

14 approved by the Secretary on January 28, 

15 2016, and on the creation and implementation 

16 of any successor master plans. 

17 (2) MEMBERS.—The Board shall be comprised 

18 of a number of members that the Secretary deter19 mines appropriate, of which not less than 50 percent 

20 shall be veterans. The nonveteran members shall be 

21 family members of veterans, veteran advocates, serv22 ice providers, real estate professionals familiar with 

23 housing development projects, or other stakeholders. 

24 (3) COMMUNITY INPUT.—In carrying out para25 graph (1), the Board shall— 


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1 (A) provide the community opportunities to 

2 collaborate and communicate with the Board, 

3 including by conducting public forums on the 

4 Campus; and 

5 (B) focus on local issues regarding the De6 partment that are identified by the community, 

7 including with respect to health care, benefits, 

8 and memorial services at the Campus and im9 plementation of the draft master plan and any 

10 subsequent plans. 

11 (j) NOTIFICATION AND REPORTS.— 

12 (1) CONGRESSIONAL NOTIFICATION.—With re13 spect to each lease or land-sharing agreement in14 tended to be entered into or renewed at the Campus, 

15 the Secretary shall notify the Committee on Vet16 erans’ Affairs of the Senate, the Committee on Vet17 erans’ Affairs of the House of Representatives, and 

18 each Member of the Senate and the House of Rep19 resentatives who represents the area in which the 

20 Campus is located of the intent of the Secretary to 

21 enter into or renew the lease or land-sharing agree22 ment not later than 45 days before entering into or 

23 renewing the lease or land-sharing agreement. 

24 (2) ANNUAL REPORT.—Not later than one year 

25 after the date of the enactment of this Act, and not 


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1 less frequently than annually thereafter, the Sec2 retary shall submit to the Committee on Veterans’ 

3 Affairs of the Senate, the Committee on Veterans’ 

4 Affairs of the House of Representatives, and each 

5 Member of the Senate and the House of Representa6 tives who represents the area in which the Campus 

7 is located an annual report evaluating all leases and 

8 land-sharing agreements carried out at the Campus, 

9 including— 

10 (A) an evaluation of the management of 

11 the revenue generated by the leases; and 

12 (B) the records described in subsection 

13 (b)(3)(D). 

14 (3) INSPECTOR GENERAL REPORT.— 

15 (A) IN GENERAL.—Not later than each of 

16 two years and five years after the date of the 

17 enactment of this Act, and as determined nec18 essary by the Inspector General of the Depart19 ment of Veterans Affairs thereafter, the Inspec20 tor General shall submit to the Committee on 

21 Veterans’ Affairs of the Senate, the Committee 

22 on Veterans’ Affairs of the House of Represent23 atives, and each Member of the Senate and the 

24 House of Representatives who represents the 

25 area in which the Campus is located a report on 


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1 all leases carried out at the Campus and the 

2 management by the Department of the use of 

3 land at the Campus, including an assessment of 

4 the efforts of the Department to implement the 

5 master plan described in subsection (g) with re6 spect to the Campus. 

7 (B) CONSIDERATION OF ANNUAL RE8 PORT.—In preparing each report required by 

9 subparagraph (A), the Inspector General shall 

10 take into account the most recent report sub11 mitted to Congress by the Secretary under 

12 paragraph (2). 

13 (k) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed as a limitation on the authority 

15 of the Secretary to enter into other agreements regarding 

16 the Campus that are authorized by law and not incon17 sistent with this section. 

18 (l) PRINCIPALLY BENEFIT VETERANS AND THEIR

19 FAMILIES DEFINED.—In this section the term ‘‘prin20 cipally benefit veterans and their families’’, with respect 

21 to services provided by a person or entity under a lease 

22 of property or land-sharing agreement— 

23 (1) means services— 

24 (A) provided exclusively to veterans and 

25 their families; or 


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1 (B) that are designed for the particular 

2 needs of veterans and their families, as opposed 

3 to the general public, and any benefit of those 

4 services to the general public is ancillary to the 

5 intended benefit to veterans and their families; 

6 and 

7 (2) excludes services in which the only benefit 

8 to veterans and their families is the generation of 

9 revenue for the Department of Veterans Affairs. 

10 (m) CONFORMING AMENDMENTS.— 

11 (1) PROHIBITION ON DISPOSAL OF PROP12 ERTY.—Section 224(a) of the Military Construction 

13 and Veterans Affairs and Related Agencies Appro14 priations Act, 2008 (Public Law 110–161; 121 Stat. 

15 2272) is amended by striking ‘‘The Secretary of 

16 Veterans Affairs’’ and inserting ‘‘Except as author17 ized under the VA Construction and Lease Author18 ization, Health, and Benefits Enhancement Act, the 

19 Secretary of Veterans Affairs’’. 

20 (2) ENHANCED-USE LEASES.—Section 8162(c) 

21 is amended by inserting ‘‘, other than an enhanced22 use lease under the VA Construction and Lease Au23 thorization, Health, and Benefits Enhancement 

24 Act,’’ before ‘‘shall be considered’’. 


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1 TITLE III—MATTERS RELATING 

2 TO TOXIC EXPOSURE 

3 SEC. 301. DEFINITIONS. 

4 In this title: 

5 (1) ARMED FORCE.—The term ‘‘Armed Force’’ 

6 means the United States Army, Navy, Marine 

7 Corps, Air Force, or Coast Guard, including the re8 serve components thereof. 

9 (2) DESCENDANT.—The term ‘‘descendant’’ 

10 means, with respect to an individual, the biological 

11 child or grandchild of that individual. 

12 (3) EXPOSED.—The term ‘‘exposed’’ means, 

13 with respect to a toxic substance, that an individual 

14 came into contact with that toxic substance in a 

15 manner that could be hazardous to the health of 

16 that individual, that may include if that toxic sub17 stance was inhaled, ingested, or touched the skin or 

18 eyes. 

19 (4) EXPOSURE.—The term ‘‘exposure’’ means, 

20 with respect to a toxic substance, an event during 

21 which an individual was exposed to that toxic sub22 stance. 

23 (5) TOXIC SUBSTANCE.—The term ‘‘toxic sub24 stance’’ means any substance determined by the Ad25 ministrator of the Environmental Protection Agency 


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1 to be harmful to the environment or hazardous to 

2 the health of an individual if inhaled or ingested by 

3 or absorbed through the skin of that individual. 

4 (6) VETERAN.—The term ‘‘veteran’’ has the 

5 meaning given that term in section 101 of title 38, 

6 United States Code. 

7 SEC. 302. NATIONAL CENTER FOR RESEARCH ON THE DIAG8 NOSIS AND TREATMENT OF HEALTH CONDI9 TIONS OF THE DESCENDANTS OF INDIVID10 UALS EXPOSED TO TOXIC SUBSTANCES DUR11 ING SERVICE IN THE ARMED FORCES THAT 

12 ARE RELATED TO SUCH SERVICE. 

13 (a) NATIONAL CENTER.— 

14 (1) IN GENERAL.—Not later than one year 

15 after the date of the enactment of this title, the Sec16 retary of Veterans Affairs shall, in consultation with 

17 the Advisory Board established under section 303, 

18 select a medical center of the Department of Vet19 erans Affairs to serve as the national center for re20 search on the diagnosis and treatment of health con21 ditions of descendants of individuals exposed to toxic 

22 substances while serving as members of the Armed 

23 Forces that are related to such exposure (in this 

24 title referred to as the ‘‘National Center’’). 

25 (2) CRITERIA FOR SELECTION.— 


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1 (A) IN GENERAL.—The National Center 

2 shall be selected under paragraph (1) from 

3 among medical centers of the Department with 

4 expertise described in subparagraph (B), or 

5 that are affiliated with research medical centers 

6 or teaching hospitals with such expertise, that 

7 seek to be selected under this section. 

8 (B) EXPERTISE DESCRIBED.—The exper9 tise described in this subparagraph is— 

10 (i) expertise in diagnosing and treat11 ing functional and structural birth defects; 

12 or 

13 (ii) expertise in caring for individuals 

14 exposed to toxic substances and diagnosing 

15 and treating any health conditions result16 ing from such exposure. 

17 (C) PREFERENCE.—Preference for selec18 tion under paragraph (1) shall be given to med19 ical centers of the Department with expertise 

20 described in clauses (i) and (ii) of subparagraph 

21 (B), or that are affiliated with research medical 

22 centers or teaching hospitals with such exper23 tise. 

24 (b) RESEARCH.— 


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1 (1) IN GENERAL.—The National Center shall 

2 conduct research on the diagnosis and treatment of 

3 health conditions of descendants of individuals ex4 posed to toxic substances while serving as members 

5 of the Armed Forces that are related to that expo6 sure. 

7 (2) STUDIES.—In conducting research under 

8 paragraph (1), the National Center shall study indi9 viduals, at the election of the individual, for whom 

10 the Secretary has made one of the following deter11 minations: 

12 (A)(i) The individual is a descendant of an 

13 individual who served as a member of the 

14 Armed Forces; 

15 (ii) such member was exposed to a toxic 

16 substance while serving as a member of the 

17 Armed Forces; and 

18 (iii) such descendant is afflicted with a 

19 health condition that is related to the exposure 

20 of such member to such toxic substance. 

21 (B)(i) The individual was exposed to a 

22 toxic substance while serving as a member of 

23 the Armed Forces; and 


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1 (ii) such individual is afflicted with a 

2 health condition that is related to the exposure 

3 of such individual to such toxic substance. 

4 (3) USE OF RECORDS.— 

5 (A) IN GENERAL.—The Secretary of De6 fense or the head of a Federal agency shall 

7 make available to the Secretary of Veterans Af8 fairs for review records held by the Department 

9 of Defense, an Armed Force, or that Federal 

10 agency, as appropriate, that might assist the 

11 Secretary of Veterans Affairs in making the de12 terminations required by paragraph (2). 

13 (B) MECHANISM.—The Secretary of Vet14 erans Affairs and the Secretary of Defense or 

15 the head of the appropriate Federal agency 

16 shall jointly establish a mechanism for the 

17 availability and review of records by the Sec18 retary of Veterans Affairs under subparagraph 

19 (A). 

20 (c) SOCIAL WORKERS.—The National Center shall 

21 employ not less than one licensed clinical social worker to 

22 coordinate access of individuals to appropriate Federal, 

23 State, and local social and health care programs and to 

24 handle case management. 


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1 (d) REIMBURSEMENT FOR NECESSARY TRAVEL AND

2 ROOM AND BOARD.—The National Center shall reimburse 

3 any individual participating in a study pursuant to sub4 section (b), and any parent, guardian, spouse, or sibling 

5 who accompanies such individual, for the reasonable cost 

6 of— 

7 (1) travel to the National Center for participa8 tion in such study; and 

9 (2) room and board during the period in which 

10 such individual is participating in such study at the 

11 National Center. 

12 (e) REPORTS.— 

13 (1) ANNUAL REPORT.— 

14 (A) IN GENERAL.—Not less frequently 

15 than annually, the National Center shall submit 

16 to Congress and the Advisory Board established 

17 under section 4 a report on the functions of the 

18 National Center during the year preceding the 

19 submittal of the report that includes a sum20 mary of the research efforts of the National 

21 Center that have been completed during such 

22 year and that are ongoing as of the date of the 

23 submittal of the report. 

24 (B) UPON REQUEST.—Upon the request of 

25 any organization exempt from taxation under 


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1 section 501(c)(19) of the Internal Revenue 

2 Code of 1986, the National Center shall submit 

3 a copy of a report submitted under subpara4 graph (A) to such organization. 

5 (2) QUARTERLY REPORT TO ADVISORY

6 BOARD.—Not less frequently than quarterly, the Na7 tional Center shall submit to the Advisory Board a 

8 report on the functions of the National Center dur9 ing the quarter preceding the submittal of the report 

10 that includes the following: 

11 (A) A summary of the research efforts of 

12 the National Center during such quarter. 

13 (B) A description of any determinations 

14 made by the National Center pursuant to such 

15 research efforts regarding whether health condi16 tions of descendants of individuals exposed to 

17 toxic substances while serving as members of 

18 the Armed Forces are related to that exposure. 

19 SEC. 303. ADVISORY BOARD. 

20 (a) ESTABLISHMENT.—Not later than 180 days after 

21 the date of the enactment of this title, the Secretary of 

22 Veterans Affairs shall establish an advisory board (in this 

23 section referred to as the ‘‘Advisory Board’’) to oversee 

24 and assess the National Center established under section 


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1 302 and to advise the Secretary of Veterans Affairs with 

2 respect to the work of the National Center. 

3 (b) MEMBERSHIP.— 

4 (1) COMPOSITION.—Not later than 120 days 

5 after the date of the enactment of this title, the Sec6 retary of Veterans Affairs, in consultation with the 

7 Secretary of Health and Human Services, the Direc8 tor of the National Institute of Environmental 

9 Health Sciences, and other heads of Federal agen10 cies as the Secretary of Veterans Affairs determines 

11 appropriate— 

12 (A) shall select not less than 13 voting 

13 members of the Advisory Board, of whom— 

14 (i) not less than three shall be mem15 bers of organizations exempt from taxation 

16 under section 501(c)(19) of the Internal 

17 Revenue Code of 1986; 

18 (ii) not less than one shall be— 

19 (I) a descendant of an individual 

20 who was exposed to toxic substances 

21 while serving as a member of the 

22 Armed Forces and the descendant has 

23 manifested a structural or functional 

24 birth defect or a health condition that 


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1 is related to the exposure of such indi2 vidual to such toxic substance; or 

3 (II) a parent or child of that de4 scendant; 

5 (iii) not less than six shall be health 

6 professionals, scientists, or academics who 

7 are not employees of the Federal Govern8 ment and have expertise in— 

9 (I) birth defects; 

10 (II) developmental disabilities; 

11 (III) epigenetics; 

12 (IV) public health; 

13 (V) the science of environmental 

14 exposure or environmental exposure 

15 assessment; 

16 (VI) the science of toxic sub17 stances; or 

18 (VII) medical and research eth19 ics; and 

20 (iv) additional members may be se21 lected from among social workers and ad22 vocates for veterans or members of the 

23 Armed Forces who are not employees of 

24 the Federal Government; and 


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1 (B) may select nonvoting members from 

2 among individuals described in clause (iii) or 

3 (iv) of subparagraph (A) who are employees of 

4 the Federal Government. 

5 (2) CHAIRPERSON.—The Secretary shall select 

6 a Chairperson from among the members of the Advi7 sory Board. 

8 (3) TERMS.— 

9 (A) IN GENERAL.—Each member of the 

10 Advisory Board shall serve a term of two or 

11 three years as determined by the Secretary. 

12 (B) REAPPOINTMENT.—At the end of the 

13 term of a member of the Advisory Board, the 

14 Secretary may reselect the member for another 

15 term, except that no member may serve more 

16 than four consecutive terms. 

17 (c) DUTIES.—The Advisory Board shall— 

18 (1) oversee and assess the work of the National 

19 Center; 

20 (2) not less frequently than quarterly, meet 

21 with the director or another representative of the 

22 National Center on the work conducted at the Na23 tional Center, including the research efforts of the 

24 National Center; 


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1 (3) review the annual report submitted by the 

2 National Center to Congress and the Advisory Board 

3 under section 302(e)(1); and 

4 (4) advise the Secretary of Veterans Affairs 

5 on— 

6 (A) issues related to the research con7 ducted at the National Center; 

8 (B) health conditions of descendants of in9 dividuals exposed to toxic substances while serv10 ing as members of the Armed Forces that are 

11 related to the exposure of such individual to 

12 such toxic substance; 

13 (C) health care services that are needed by 

14 the descendants of individuals exposed to toxic 

15 substances while serving as members of the 

16 Armed Forces for health conditions that are re17 lated to the exposure of such individual to such 

18 toxic substance; and 

19 (D) any determinations or recommenda20 tions that the Advisory Board may have with 

21 respect to the feasibility and advisability of the 

22 Department providing health care services de23 scribed in subparagraph (C) to descendants de24 scribed in such subparagraph, including a de25 scription of changes to existing policy. 


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1 (d) REPORT.— 

2 (1) IN GENERAL.—Not later than one year 

3 after the establishment of the Advisory Board under 

4 subsection (a), and not less frequently than once 

5 each year thereafter, the Advisory Board shall sub6 mit to the Committee on Veterans’ Affairs of the 

7 Senate, the Committee on Veterans’ Affairs of the 

8 House of Representatives, and the Secretary of Vet9 erans Affairs a report on the recommendations of 

10 the Advisory Board. 

11 (2) ELEMENTS.—Each report submitted under 

12 paragraph (1) shall include recommendations for ad13 ministrative or legislative action, including rec14 ommendations for further research by the National 

15 Center, with respect to each health condition of a 

16 descendant of an individual exposed to a toxic sub17 stance while serving as a member of the Armed 

18 Forces for which the National Center has made one 

19 of the following determinations in conducting re20 search under section 302(b): 

21 (A) The health condition is related to the 

22 exposure of such individual to such toxic sub23 stance. 


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1 (B) It is unclear whether the health condi2 tion is related to the exposure of such individual 

3 to such toxic substance. 

4 (C) The health condition is not related to 

5 the exposure of such individual to such toxic 

6 substance. 

7 (e) MEETINGS.—The Advisory Board shall meet at 

8 the call of the Chair, but not less frequently than quar9 terly. 

10 (f) COMPENSATION.—The members of the Advisory 

11 Board shall serve without compensation. 

12 (g) EXPENSES.—The Secretary of Veterans Affairs 

13 shall determine the appropriate expenses of the Advisory 

14 Board. 

15 (h) PERSONNEL.— 

16 (1) IN GENERAL.—The Chairperson may, with17 out regard to the civil service laws and regulations, 

18 appoint an executive director of the Advisory Board, 

19 who shall be a civilian employee of the Department 

20 of Veterans Affairs, and such other personnel as 

21 may be necessary to enable the Advisory Board to 

22 perform its duties. 

23 (2) APPROVAL.—The appointment of an execu24 tive director under paragraph (1) shall be subject to 

25 approval by the Advisory Board. 


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1 (3) COMPENSATION.—The Chairperson may fix 

2 the compensation of the executive director and other 

3 personnel without regard to the provisions of chapter 

4 51 and subchapter III of chapter 53 of title 5, 

5 United States Code, except that the rate of pay for 

6 the executive director and other personnel may not 

7 exceed the rate payable for level V of the Executive 

8 Schedule under section 5316 of such title. 

9 SEC. 304. DECLASSIFICATION REVIEW BY DEPARTMENT OF 

10 DEFENSE OF CERTAIN INCIDENTS OF EXPO11 SURE OF MEMBERS OF THE ARMED FORCES 

12 TO TOXIC SUBSTANCES. 

13 (a) REVIEW.—The Secretary of Defense shall con14 duct a declassification review to determine what informa15 tion may be made publicly available relating to any known 

16 incident in which not less than 100 members of the Armed 

17 Forces were exposed to a toxic substance that resulted in 

18 at least one case of a disability that a specialist in the 

19 field of occupational medicine has determined to be 

20 credibly associated with that toxic substance. 

21 (b) RELEASE OF DECLASSIFIED INFORMATION.—To 

22 the extent practicable, and subject to subsection (c) and 

23 consistent with national security, the Secretary of Defense 

24 shall make publicly available information declassified fol25 lowing the review required by subsection (a). 


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1 (c) LIMITATION.—Information made publicly avail2 able pursuant to subsection (b) shall be limited to informa3 tion necessary for an individual who was potentially ex4 posed to a toxic substance to determine the following: 

5 (1) Whether that individual was exposed to that 

6 toxic substance. 

7 (2) The potential severity of the exposure of 

8 that individual to that toxic substance. 

9 (3) Any potential health conditions that may 

10 have resulted from exposure to that toxic substance. 

11 SEC. 305. NATIONAL OUTREACH CAMPAIGN ON POTENTIAL 

12 LONG-TERM HEALTH EFFECTS OF EXPOSURE 

13 TO TOXIC SUBSTANCES BY MEMBERS OF THE 

14 ARMED FORCES AND THEIR DESCENDANTS. 

15 (a) IN GENERAL.—The Secretary of Veterans Affairs 

16 shall, in consultation with the Secretary of Health and 

17 Human Services and the Secretary of Defense, conduct 

18 a national outreach and education campaign directed to19 ward members of the Armed Forces, veterans, and their 

20 family members to communicate the following informa21 tion: 

22 (1) Information on— 

23 (A) incidents of exposure of members of 

24 the Armed Forces to toxic substances; 


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1 (B) health conditions resulting from such 

2 exposure; and 

3 (C) the potential long-term effects of such 

4 exposure on the individuals exposed to those 

5 substances and the descendants of those indi6 viduals. 

7 (2) Information on the National Center estab8 lished under section 302 for individuals eligible to 

9 participate in studies conducted at the National 

10 Center. 

11 (b) DEPARTMENT OF VETERANS AFFAIRS.—In car12 rying out this section, the Secretary of Veterans Affairs 

13 shall design and implement the national outreach and edu14 cation campaign conducted under subsection (a), includ15 ing— 

16 (1) by distributing printed materials containing 

17 the information described in subsection (a) to vet18 erans; 

19 (2) by publishing such information on an Inter20 net website of the Department of Veterans Affairs 

21 that is available to the public; 

22 (3) by presenting such information in person at 

23 facilities that serve a large number of veterans or 

24 members of the Armed Forces; and 


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1 (4) by educating employees of all medical facili2 ties of the Department with respect to such informa3 tion and providing such employees with printed ma4 terials containing such information. 

5 (c) DEPARTMENT OF DEFENSE.—The Secretary of 

6 Defense shall assist the Secretary of Veterans Affairs in 

7 implementing the national outreach and education cam8 paign conducted under subsection (a)— 

9 (1) by making the information described in sub10 section (a) available to all members of the Armed 

11 Forces and their families; 

12 (2) by notifying all members of the Armed 

13 Forces of such information; and 

14 (3) by publishing such information on an Inter15 net website of the Department of Defense that is 

16 available to the public. 

17 (d) DEPARTMENT OF HEALTH AND HUMAN SERV18 ICES.—The Secretary of Health and Human Services shall 

19 assist the Secretary of Veterans Affairs in implementing 

20 the national outreach and education campaign conducted 

21 under subsection (a)— 

22 (1) by making the information described in sub23 section (a) available to members of the health care 

24 profession; 


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1 (2) by notifying such members of such informa2 tion; and 

3 (3) by publishing such information on an Inter4 net website of the Department of Health and 

5 Human Services that is available to the public. 

6 TITLE IV—OTHER MATTERS 

7 SEC. 401. SPECIAL COMPENSATION FOR LOSS OR LOSS OF 

8 USE OF CREATIVE ORGANS. 

9 (a) IN GENERAL.—Section 1114 of title 38, United 

10 States Code, is amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(u)(1) Subject to paragraph (3), the Secretary shall 

13 pay to a covered veteran two lump-sum special compensa14 tion payments each in the amount of $10,000. The second 

15 such payment may not occur less than one year after the 

16 date of the first such payment. 

17 ‘‘(2) Special compensation paid to a covered veteran 

18 under paragraph (1) is in addition to disability compensa19 tion paid to the veteran pursuant to subsection (k), except 

20 that in any month in which the veteran receives a payment 

21 of such special compensation, the veteran may not also 

22 receive such disability compensation pursuant to sub23 section (k). 

24 ‘‘(3) A covered veteran shall submit to the Secretary 

25 a separate, specific application for each payment of special 


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1 compensation paid under paragraph (1) in such form and 

2 in such manner as the Secretary considers appropriate. 

3 ‘‘(4) In this subsection, the term ‘covered veteran’ 

4 means a veteran who— 

5 ‘‘(A) is paid disability compensation pursuant 

6 to subsection (k) for— 

7 ‘‘(i) the anatomical loss of one or more cre8 ative organs; or 

9 ‘‘(ii) the permanent or static loss of use of 

10 one or more creative organs; and 

11 ‘‘(B) is eligible for payments under the trau12 matic servicemembers’ group life insurance program 

13 under section 1980A of this title, or would be eligi14 ble for such payments but for the service of the vet15 eran occurring before the enactment of such section, 

16 for qualifying losses relating to an injury described 

17 in clause (i) or (ii) of subparagraph (A).’’. 

18 (b) APPLICATION.—Subsection (u) of section 1114 of 

19 title 38, United States Code, as added by subsection (a), 

20 shall apply with respect to a veteran who receives disability 

21 compensation on or after the date of the enactment of this 

22 Act. 

23 (c) REPORT.—Not later than one year after the date 

24 of the enactment of this Act, the Secretary of Veterans 

25 Affairs shall submit to the Committees on Veterans’ AfVerDate Sep 11 2014 23:45 May 23, 2016 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

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1 fairs of the House of Representatives and the Senate a 

2 report on special compensation paid under subsection (u) 

3 of section 1114 of title 38, United States Code, as added 

4 by subsection (a). Such report shall include the following: 

5 (1) The number of veterans who applied for 

6 such special compensation. 

7 (2) The number of veterans whom the Sec8 retary has paid such special compensation. 

9 (3) A list, by frequency, of the service-con10 nected disabilities for which such special compensa11 tion was paid. 

12 SEC. 402. INFORMATION TECHNOLOGY SYSTEM TO ASSESS 

13 AND IMPROVE THE FAMILY CAREGIVER PRO14 GRAM; AUTHORITY TO EXPAND PROGRAM. 

15 (a) IMPLEMENTATION OF NEW SYSTEM.— 

16 (1) IN GENERAL.—The Secretary of Veterans 

17 Affairs shall implement an information technology 

18 system that fully supports the Program and allows 

19 for data assessment and comprehensive monitoring 

20 of the Program. 

21 (2) ELEMENTS OF SYSTEM.—The information 

22 technology system required to be implemented under 

23 paragraph (1) shall include the following: 

24 (A) The ability to easily retrieve data (at 

25 the medical center and at aggregate levels) that 


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1 will allow all aspects of the Program and the 

2 workload trends for the Program to be assessed 

3 and comprehensively monitored. 

4 (B) The ability or capacity to manage data 

5 to accommodate any degree of expansion of the 

6 Program. 

7 (C) The ability to integrate the system 

8 with other relevant information technology sys9 tems of the Veterans Health Administration. 

10 (3) NOTIFICATION OF IMPLEMENTATION.—Not 

11 later than the date on which the Secretary com12 mences implementation of the system under para13 graph (1), the Secretary shall notify the Committee 

14 on Veterans’ Affairs of the Senate and the Com15 mittee on Veterans’ Affairs of the House of Rep16 resentatives of the date of such implementation. 

17 (b) ONGOING MONITORING OF AND MODIFICATIONS

18 TO PROGRAM.— 

19 (1) MONITORING.—The Secretary shall use the 

20 system implemented under subsection (a) to monitor 

21 and assess the workload of the Program, including 

22 monitoring and assessment of data on— 

23 (A) the status of applications, appeals, and 

24 home visits in connection with the Program; 

25 and 


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1 (B) the use of support services by care2 givers participating both in the Program of 

3 Comprehensive Assistance for Families and the 

4 Program of General Caregiver Support Serv5 ices. 

6 (2) MODIFICATIONS.— 

7 (A) Based on the monitoring and assess8 ment conducted under paragraph (1), the Sec9 retary shall identify and implement such modi10 fications to the Program as the Secretary con11 siders necessary to ensure the Program is func12 tioning as intended and providing veterans and 

13 caregivers participating in the Program with 

14 services in a timely manner. 

15 (B) Subparagraph (A) may not be con16 strued to authorize modifications to the Pro17 gram that expand the eligibility for the Pro18 gram or increase the amount of assistance fur19 nished under the Program. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date on which the Secretary makes the no23 tification under subsection (a)(3), the Secretary 

24 shall submit to the Committee on Veterans’ Affairs 

25 of the Senate, the Committee on Veterans’ Affairs of 


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1 the House of Representatives a report on the Pro2 gram, including with respect to expanding the pro3 gram and the implementation of subsections (a) and 

4 (b). 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following: 

7 (A) A detailed plan to expand the Program 

8 to caregivers of veterans who would be eligible 

9 for the Program but for the serious injury of 

10 the veteran having incurred in the line of duty 

11 before September 11, 2001, including— 

12 (i) with respect to staffing, funding, 

13 eligibility criteria, and information tech14 nology systems (including modifications to 

15 such systems); 

16 (ii) a phased implementation for such 

17 expansion; and 

18 (iii) estimates of the amounts required 

19 to expand and sustain the program. 

20 (B) A description of the modifications to 

21 the Program, if any, that were identified and 

22 implemented under subsection (b)(2). 

23 (C) A description of— 


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1 (i) how the Secretary is using such 

2 system to monitor the workload of the Pro3 gram; and 

4 (ii) the subsequent effect on the per5 formance of the Program, including the 

6 need for additional staff, resources, or in7 formation technology systems, or modifica8 tions to information technology systems. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘active military, naval, or air 

11 service’’ has the meaning given that term in section 

12 101 of title 38, United States Code. 

13 (2) The term ‘‘Program’’ means the program of 

14 comprehensive assistance for family caregivers under 

15 section 1720G(a) of title 38, United States Code. 

16 SEC. 403. EXTENSION OF COST-OF-LIVING ADJUSTMENTS 

17 FOR DISABILITY COMPENSATION. 

18 Section 1104(a) of title 38, United States Code, is 

19 amended by inserting ‘‘and fiscal years 2017 through 

20 2027’’ after ‘‘through 2013’’. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS