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(5) $600,000,000 for fiscal year 2028; 
(6) $610,000,000 for fiscal year 2029; 
(7) $620,000,000 for fiscal year 2030; and 
(8) $650,000,000 for fiscal year 2031. 
TITLE VIII—RECORDS AND 
OTHER MATTERS 
SEC. 801. EPIDEMIOLOGICAL STUDY ON FORT MCCLELLAN 
VETERANS. 
The Secretary of Veterans Affairs shall conduct an epi-
demiological study on the health trends of veterans who 
served in the Armed Forces at Fort McClellan at any time 
during the period beginning January 1, 1935, and ending 
on May 20, 1999. 
SEC. 802. BIENNIAL BRIEFING ON INDIVIDUAL LONGITU-
DINAL EXPOSURE RECORD. 
(a) IN GENERAL.—Not later than one year after the 
date on which the Individual Longitudinal Exposure 
Record achieves full operational capability, as determined 
by the Secretary of Defense, and every two years thereafter, 
the Secretary of Defense, in consultation with the Secretary 
of Veterans Affairs, shall provide the appropriate commit-
tees of Congress a briefing on— 
(1) the quality of the databases of the Depart-
ment of Defense that provide the information pre-
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sented in such Individual Longitudinal Exposure 
Record; and 
(2) the usefulness of such Individual Longitu-
dinal Exposure Record or system in supporting mem-
bers of the Armed Forces and veterans in receiving 
health care and benefits from the Department of De-
fense and the Department of Veterans Affairs. 
(b) ELEMENTS.—Each briefing required by subsection 
(a) shall include, for the period covered by the report, the 
following: 
(1) An identification of potential exposures to oc-
cupational or environmental hazards captured by the 
current systems of the Department of Defense for envi-
ronmental, occupational, and health monitoring, and 
recommendations for how to improve those systems. 
(2) An analysis of the quality and accuracy of 
the location data used by the Department of Defense 
in determining potential exposures to occupational or 
environmental hazards by members of the Armed 
Forces and veterans, and recommendations for how to 
improve the quality of such data if necessary. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means—
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(A) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the Senate; 
and 
(B) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the House 
of Representatives. 
(2) 
INDIVIDUAL
LONGITUDINAL
EXPOSURE 
RECORD.—The term ‘‘Individual Longitudinal Expo-
sure Record’’ has the meaning given such term in sec-
tion 1171 of title 38, United States Code, as added 
by section 202. 
SEC. 803. CORRECTION OF EXPOSURE RECORDS BY MEM-
BERS OF THE ARMED FORCES AND VET-
ERANS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall coordinate with the Secretary of Defense to provide 
a means for veterans to update their records as necessary 
to reflect exposures to occupational or environmental haz-
ards by such member or veteran in the Individual Longitu-
dinal Exposure Record. 
(b) EVIDENCE.— 
(1) PROVISION
OF
EVIDENCE.—To update a 
record under subsection (a), a veteran shall provide 
such evidence as the Secretary of Veterans Affairs con-
siders necessary.
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(2) REGULATIONS.—The Secretary of Veterans 
Affairs shall prescribe by regulation the evidence con-
sidered necessary under paragraph (1). 
(c) DEFINITIONS.—In this section: 
(1) 
INDIVIDUAL
LONGITUDINAL
EXPOSURE 
RECORD.—The term ‘‘Individual Longitudinal Expo-
sure Record’’ has the meaning given such term in sec-
tion 1171 of title 38, United States Code, as added 
by section 202. 
(2) TOXIC EXPOSURE.—The term ‘‘toxic expo-
sure’’ has the meaning given such term in section 101 
of title 38, United States Code, as amended by section 
102(b). 
SEC. 804. FEDERAL CAUSE OF ACTION RELATING TO WATER 
AT CAMP LEJEUNE, NORTH CAROLINA. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Camp Lejeune Justice Act of 2022’’. 
(b) IN GENERAL.—An individual, including a veteran 
(as defined in section 101 of title 38, United States Code), 
or the legal representative of such an individual, who re-
sided, worked, or was otherwise exposed (including in utero 
exposure) for not less than 30 days during the period begin-
ning on August 1, 1953, and ending on December 31, 1987, 
to water at Camp Lejeune, North Carolina, that was sup-
plied by, or on behalf of, the United States may bring an
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action in the United States District Court for the Eastern 
District of North Carolina to obtain appropriate relief for 
harm that was caused by exposure to the water at Camp 
Lejeune. 
(c) BURDENS AND STANDARD OF PROOF.— 
(1) IN GENERAL.—The burden of proof shall be 
on the party filing the action to show one or more re-
lationships between the water at Camp Lejeune and 
the harm. 
(2) STANDARDS.—To meet the burden of proof 
described in paragraph (1), a party shall produce evi-
dence showing that the relationship between exposure 
to the water at Camp Lejeune and the harm is— 
(A) sufficient to conclude that a causal rela-
tionship exists; or 
(B) sufficient to conclude that a causal rela-
tionship is at least as likely as not. 
(d) EXCLUSIVE
JURISDICTION
AND
VENUE.—The 
United States District Court for the Eastern District of 
North Carolina shall have exclusive jurisdiction over any 
action filed under subsection (b), and shall be the exclusive 
venue for such an action. Nothing in this subsection shall 
impair the right of any party to a trial by jury. 
(e) EXCLUSIVE REMEDY.—
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(1) IN GENERAL.—An individual, or legal rep-
resentative of an individual, who brings an action 
under this section for a harm described in subsection 
(b), including a latent disease, may not thereafter 
bring a tort action against the United States for such 
harm pursuant to any other law. 
(2) HEALTH AND DISABILITY BENEFITS RELAT-
ING TO WATER EXPOSURE.—Any award made to an 
individual, or legal representative of an individual, 
under this section shall be offset by the amount of any 
disability award, payment, or benefit provided to the 
individual, or legal representative— 
(A) under— 
(i) any program under the laws ad-
ministered by the Secretary of Veterans Af-
fairs; 
(ii) the Medicare program under title 
XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.); or 
(iii) the Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 
1396 et seq.); and 
(B) in connection with health care or a dis-
ability relating to exposure to the water at Camp 
Lejeune.
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(f) IMMUNITY LIMITATION.—The United States may 
not assert any claim to immunity in an action under this 
section that would otherwise be available under section 
2680(a) of title 28, United States Code. 
(g) NO PUNITIVE DAMAGES.—Punitive damages may 
not be awarded in any action under this section. 
(h) DISPOSITION BY FEDERAL AGENCY REQUIRED.— 
An individual may not bring an action under this section 
before complying with section 2675 of title 28, United 
States Code. 
(i) EXCEPTION FOR COMBATANT ACTIVITIES.—This 
section does not apply to any claim or action arising out 
of the combatant activities of the Armed Forces. 
(j) APPLICABILITY; PERIOD FOR FILING.— 
(1) APPLICABILITY.—This section shall apply 
only to a claim accruing before the date of enactment 
of this Act. 
(2) STATUTE OF LIMITATIONS.—A claim in an 
action under this section may not be commenced after 
the later of— 
(A) the date that is two years after the date 
of enactment of this Act; or 
(B) the date that is 180 days after the date 
on which the claim is denied under section 2675 
of title 28, United States Code.
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(3) INAPPLICABILITY OF OTHER LIMITATIONS.— 
Any applicable statute of repose or statute of limita-
tions, other than under paragraph (2), shall not 
apply to a claim under this section. 
SEC. 805. COST OF WAR TOXIC EXPOSURES FUND. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following new section: 
‘‘§ 324. Cost of War Toxic Exposures Fund 
‘‘(a) ESTABLISHMENT.—There is hereby established in 
the Treasury of the United States an account to be known 
as the ‘Cost of War Toxic Exposures Fund’ (the ‘Fund’), 
to be administered by the Secretary. 
‘‘(b) DEPOSITS.—There shall be deposited in the Fund 
such amounts as may be appropriated to the Fund pursu-
ant to subsection (c). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Fund for fiscal year 
2023 and each subsequent fiscal year such sums as are nec-
essary to increase funding, over the fiscal year 2021 level, 
for investment in— 
‘‘(1) the delivery of veterans’ health care associ-
ated with exposure to environmental hazards in the 
active military, naval, air, or space service in pro-
grams administered by the Under Secretary for 
Health;
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‘‘(2) any expenses incident to the delivery of vet-
erans’ health care and benefits associated with expo-
sure to environmental hazards in the active military, 
naval, air, or space service, including administrative 
expenses, such as information technology and claims 
processing and appeals, and excluding leases as au-
thorized or approved under section 8104 of this title; 
and 
‘‘(3) medical and other research relating to expo-
sure to environmental hazards. 
‘‘(d) BUDGET SCOREKEEPING.—(1) Immediately upon 
enactment of the Sergeant First Class Heath Robinson Hon-
oring our Promise to Address Comprehensive Toxics Act of 
2022, expenses authorized to be appropriated to the Fund 
in subsection (c) shall be estimated for fiscal year 2023 and 
each subsequent fiscal year and treated as budget authority 
that is considered to be direct spending— 
‘‘(A) in the baseline for purposes of section 257 
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 (2 U.S.C. 907); 
‘‘(B) by the Chairman of the Committee on the 
Budget of the Senate and the Chair of the Committee 
on the Budget of the House of Representatives, as ap-
propriate, for purposes of budget enforcement in the 
Senate and the House of Representatives;
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‘‘(C) under the Congressional Budget Act of 1974 
(2 U.S.C. 621 et seq.), including in the reports re-
quired by section 308(b) of such Act (2 U.S.C. 639); 
and 
‘‘(D) for purposes of the Statutory Pay-As-You- 
Go Act of 2010 (2 U.S.C. 931 et seq.). 
‘‘(2) No amount appropriated to the Fund in fiscal 
year 2023 or any subsequent fiscal year pursuant to this 
section shall be counted as discretionary budget authority 
and outlays or as direct spending for any estimate of an 
appropriation Act under the Congressional Budget and Im-
poundment Control Act of 1974 (2 U.S.C. 621 et seq.) and 
any other Act. 
‘‘(3) Notwithstanding the Budget Scorekeeping Guide-
lines and the accompanying list of programs and accounts 
set forth in the joint explanatory statement of the committee 
of conference accompanying Conference Report 105–217, 
and for purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the 
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), 
the Fund shall be treated as if it were an account designated 
as ‘Appropriated Entitlements and Mandatories for Fiscal 
Year 1997’ in the joint explanatory statement of the com-
mittee of conference accompanying Conference Report 105– 
217.
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‘‘(e) ESTIMATES
FOR CONGRESSIONAL CONSIDER-
ATION.—The Secretary shall include in documents sub-
mitted to Congress in support of the President’s budget sub-
mitted pursuant to section 1105 of title 31 detailed esti-
mates of the sums described in subsection (c) for the appli-
cable fiscal year. 
‘‘(f) PROCEDURES FOR ESTIMATES.—The Secretary 
may, after consultation with the Committee on Appropria-
tions of the Senate and the Committee on Appropriations 
of the House of Representatives, establish policies and proce-
dures for developing the annual detailed estimates required 
by subsection (e).’’. 
(b) SEQUESTRATION.—Section 256(h)(4) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 906(h)(4)) is amended by adding at the end the 
following new subparagraph: 
‘‘(G) Cost of War Toxic Exposures Fund.’’. 
SEC. 806. APPROPRIATION FOR FISCAL YEAR 2022. 
(a) APPROPRIATION.—In addition to amounts other-
wise available, there is appropriated for fiscal year 2022, 
out of any funds in the Treasury not otherwise appro-
priated, $500,000,000 for the Cost of War Toxic Exposures 
Fund, established by section 324 of title 38, United States 
Code, as added by section 805 of this Act, to remain avail-
able until September 30, 2024.
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(b) SPEND PLAN.—Not later than 30 days after enact-
ment of this Act, the Secretary of Veterans Affairs shall sub-
mit a plan for expending amounts made available by sub-
section (a) by program, project or activity to the Committee 
on Appropriations of the Senate and the Committee on Ap-
propriations of the House of Representatives. Funds may 
not be obligated until such Committees issue an approval, 
or absent a response, a period of 30 days has elapsed. 
SEC. 807. AUTHORIZATION OF ELECTRONIC NOTICE IN 
CLAIMS UNDER LAWS ADMINISTERED BY THE 
SECRETARY OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Title 38, United States Code, is 
amended as follows: 
(1) By striking section 5100 and inserting the 
following: 
‘‘§ 5100. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘claimant’ means any individual 
applying for, or submitting a claim for, any benefit 
under the laws administered by the Secretary. 
‘‘(2) The term ‘notice’ means a communication 
issued through means (including electronic means) 
prescribed by the Secretary.’’. 
(2) In section 5104, by adding at the end the fol-
lowing new subsection:
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‘‘(c) The Secretary may provide notice under sub-
section (a) electronically if a claimant (or the claimant’s 
representative) elects to receive such notice electronically. A 
claimant (or the claimant’s representative) may revoke such 
an election at any time, by means prescribed by the Sec-
retary. 
‘‘(d) The Secretary shall annually— 
‘‘(1) solicit recommendations from stakeholders 
on how to improve notice under this section; and 
‘‘(2) publish such recommendations on a publicly 
available website of the Department.’’. 
(3) In section 5104B(c), in the matter preceding 
paragraph (1) by striking ‘‘in writing’’ and inserting 
‘‘to the claimant (and any representative of such 
claimant)’’. 
(4) In section 5112(b)(6), by striking ‘‘(at the 
payee’s last address of record)’’. 
(5) In section 7104— 
(A) in the heading, by adding ‘‘; deci-
sions; notice’’ at the end; and 
(B) by striking subsection (e) and inserting 
the following: 
‘‘(e) After reaching a decision on an appeal, the Board 
shall promptly issue notice (as that term is defined in sec-
tion 5100 of this title) of such decision to the following:
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‘‘(1) The appellant. 
‘‘(2) Any other party with a right to notice of 
such decision. 
‘‘(3) Any authorized representative of the appel-
lant or party described in paragraph (2). 
‘‘(f)(1) The Secretary may provide notice under sub-
section (e) electronically if a claimant (or the claimant’s 
representative) elects to receive such notice electronically. 
‘‘(2) A claimant (or the claimant’s representative) 
may revoke such an election at any time, by means pre-
scribed by the Secretary.’’. 
(6) In section 7105(b)(1)(A), by striking ‘‘mail-
ing’’ and inserting ‘‘issuance’’. 
(7) In section 7105A(a), by striking ‘‘mailed’’ 
and inserting ‘‘issued’’. 
(8) In section 7266(a), by striking ‘‘mailed’’ and 
inserting ‘‘issued’’. 
(b) RULE OF CONSTRUCTION.—None of the amend-
ments made by this section shall be construed to apply sec-
tion 5104(a) of such title to decisions of the Board of Vet-
erans’ Appeals under chapter 71 of such title. 
SEC. 808. BURN PIT TRANSPARENCY. 
(a) ANNUAL REPORT ON DISABILITY CLAIMS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and annually
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thereafter, the Secretary of Veterans Affairs shall sub-
mit to the appropriate congressional committees a re-
port detailing the following: 
(A) The total number of covered veterans. 
(B) The total number of claimed issues for 
disability compensation under chapter 11 of title 
38, United States Code, approved and the total 
number denied by the Secretary of Veterans Af-
fairs with respect to a covered veteran, and a 
breakdown of the reasons for the denials. 
(C) A comprehensive list of the top 10 con-
ditions from each body system for which the Sec-
retary awarded service connection for covered 
veterans. 
(D) Any updates or trends with respect to 
the information described in subparagraphs (A), 
(B), and (C), that the Secretary determines ap-
propriate. 
(2) COVERED VETERAN DEFINED.—In this sub-
section, the term ‘‘covered veteran’’ means a veteran 
who deployed to the Southwest Asia theater of oper-
ations any time after August 1990, or Afghanistan, 
Syria, Djibouti, or Uzbekistan after September 19, 
2001, and who submits a claim for disability com-
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pensation under chapter 11 of title 38, United States 
Code. 
(b) INFORMATION REGARDING THE AIRBORNE HAZ-
ARDS AND OPEN BURN PIT REGISTRY.— 
(1) NOTICE.—The Secretary of Veterans Affairs 
shall ensure that a medical professional of the Depart-
ment of Veterans Affairs informs a veteran of the Air-
borne Hazards and Open Burn Pit Registry if the 
veteran presents at a medical facility of the Depart-
ment for treatment that the veteran describes as being 
related to, or ancillary to, the exposure of the veteran 
to toxic airborne chemicals and fumes caused by open 
burn pits. 
(2) DISPLAY.—In making information public re-
garding the number of participants in the Airborne 
Hazards and Open Burn Pit Registry, the Secretary 
shall display such numbers by both State and by con-
gressional district. 
(c) DEFINITIONS.—In this section: 
(1) AIRBORNE HAZARDS AND OPEN BURN PIT 
REGISTRY.—The term ‘‘Airborne Hazards and Open 
Burn Pit Registry’’ means the registry established by 
the Secretary of Veterans Affairs under section 201 of 
the Dignified Burial and Other Veterans’ Benefits
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Improvement Act of 2012 (Public Law 112–260; 38 
U.S.C. 527 note). 
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Veterans’ Affairs and 
the Committee on Armed Services of the Senate; 
and 
(B) The Committee on Veterans’ Affairs and 
the Committee on Armed Services of the House 
of Representatives. 
(3) OPEN BURN PIT.—The term ‘‘open burn pit’’ 
has the meaning given that term in section 201(c) of 
the Dignified Burial and Other Veterans’ Benefits 
Improvement Act of 2012 (Public Law 112–260; 38 
U.S.C. 527 note). 
TITLE 
IX—IMPROVEMENT 
OF 
WORKFORCE 
OF 
DEPART-
MENT OF VETERANS AFFAIRS 
SEC. 901. NATIONAL RURAL RECRUITMENT AND HIRING 
PLAN FOR VETERANS HEALTH ADMINISTRA-
TION. 
(a) IN GENERAL.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Veterans 
Affairs, in collaboration with the directors of each commu-
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† HR 3967 EAS 
nity-based outpatient clinic and medical center of the De-
partment of Veterans Affairs, shall develop and implement 
a national rural recruitment and hiring plan for the Vet-
erans Health Administration to— 
(1) recruit health care professionals for rural 
and highly rural community-based outpatient clinics 
and rural and highly rural medical centers of the De-
partment; 
(2) determine which such clinics or centers have 
a staffing shortage of health care professionals; 
(3) develop best practices and techniques for re-
cruiting health care professionals for such clinics and 
centers; 
(4) not less frequently than annually, provide 
virtually based, on-demand training to human re-
sources professionals of the Veterans Health Adminis-
tration on the best practices and techniques developed 
under paragraph (3); and 
(5) provide recruitment resources, such as pam-
phlets and marketing material to— 
(A) Veterans Integrated Service Networks of 
the Department; 
(B) rural and highly rural community- 
based outpatient clinics of the Department; and
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(C) rural and highly rural medical centers 
of the Department. 
(b) ANNUAL REPORT.—Not later than 18 months after 
the date of the enactment of this Act, and annually there-
after, the Secretary shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on Veterans’ 
Affairs of the House of Representatives a report that in-
cludes— 
(1) the plan developed and implemented under 
subsection (a); and 
(2) an assessment of the outcomes related to re-
cruitment and retention of employees of the Veterans 
Health Administration at rural and highly rural fa-
cilities of the Department. 
(c) DEFINITIONS.—In this section, the terms ‘‘rural’’ 
and ‘‘highly rural’’ have the meanings given those terms 
under the rural-urban commuting areas coding system of 
the Department of Agriculture. 
SEC. 902. AUTHORITY TO BUY OUT SERVICE CONTRACTS 
FOR CERTAIN HEALTH CARE PROFESSIONALS 
IN EXCHANGE FOR EMPLOYMENT AT RURAL 
OR HIGHLY RURAL FACILITIES OF DEPART-
MENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—For any covered health care profes-
sional to whom the Secretary of Veterans Affairs has offered
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employment with the Department of Veterans Affairs, the 
Secretary may buy out the non-Department service contract 
of such individual in exchange for such individual agreeing 
to be employed at a rural or highly rural facility of the 
Department for a period of obligated service specified in 
subsection (c). 
(b) PAYMENT OF AMOUNTS.— 
(1) IN GENERAL.—Payment of any amounts for 
a buy out of a service contract for a covered health 
care professional under subsection (a) shall be made 
directly to the individual or entity with respect to 
which the covered health care professional has a serv-
ice obligation under such contract. 
(2) LIMITATION ON TOTAL AMOUNT.—The total 
amount paid by the Department under this section 
shall not exceed $40,000,000 per fiscal year. 
(c) OBLIGATED SERVICE.—In exchange for a contract 
buy out under subsection (a), a covered health care profes-
sional shall agree to be employed for not less than four years 
at a rural or highly rural facility of the Department. 
(d) LIABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if a covered health care professional fails 
for any reason to complete the period of obligated 
service of the individual under subsection (c), the
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United States shall be entitled to recover from the in-
dividual an amount equal to— 
(A) the total amount paid under subsection 
(a) to buy out the non-Department service con-
tract of the individual; multiplied by 
(B) a fraction— 
(i) the numerator of which is— 
(I) the total number of months in 
the period of obligated service of the in-
dividual; minus 
(II) the number of months served 
by the individual; and 
(ii) the denominator of which is the 
total number of months in the period of ob-
ligated service of the individual. 
(2) EXCEPTION.—Liability shall not arise under 
paragraph (1) in the case of an individual covered by 
that paragraph if the individual does not obtain, or 
fails to maintain, employment as an employee of the 
Department due to staffing changes approved by the 
Under Secretary for Health. 
(e) NOT A TAXABLE BENEFIT.—A contract buy out for 
a covered health care professional under subsection (a) shall 
not be considered a taxable benefit or event for the covered 
health care professional.
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(f) ANNUAL REPORT.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, and not 
less frequently than annually thereafter, the Secretary 
of Veterans Affairs shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a re-
port on the use by the Secretary of the authority 
under this section. 
(2) ELEMENTS.—Each report required by para-
graph (1) shall include the following: 
(A) The number of health care professionals 
for whom a service contract buyout payment was 
made under subsection (a) in the previous fiscal 
year, disaggregated by occupation or specialty. 
(B) The average, highest, and lowest 
amount of the service contract buyout payments 
made under subsection (a) for each occupation or 
specialty in the previous fiscal year. 
(C) Each location where contract buyout 
authority under subsection (a) was utilized and 
the number of covered health care professionals 
who agreed to be employed at such location in 
the previous fiscal year. 
(g) DEFINITIONS.—In this section:
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(1) COVERED HEALTH CARE PROFESSIONAL.— 
The term ‘‘covered health care professional’’ means a 
physician, nurse anesthetist, physician assistant, or 
nurse practitioner offered employment with the De-
partment regardless of the authority under which 
such employment is offered. 
(2) RURAL; HIGHLY RURAL.—The terms ‘‘rural’’ 
and ‘‘highly rural’’ have the meanings given those 
terms under the rural-urban commuting areas coding 
system of the Department of Agriculture. 
(h) SUNSET.—This section shall terminate on Sep-
tember 30, 2027. 
SEC. 903. QUALIFICATIONS FOR HUMAN RESOURCES POSI-
TIONS WITHIN DEPARTMENT OF VETERANS 
AFFAIRS AND PLAN TO RECRUIT AND RETAIN 
HUMAN RESOURCES EMPLOYEES. 
(a) ESTABLISHMENT OF QUALIFICATIONS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall— 
(1) establish qualifications for each human re-
sources position within the Department of Veterans 
Affairs in coordination with the Office of Personnel 
Management; 
(2) establish standardized performance metrics 
for each such position; and
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(3) submit to the Committee on Veterans’ Affairs 
of the Senate and the Committee on Veterans’ Affairs 
of the House of Representatives a report containing 
the qualifications and standardized performance 
metrics established under paragraphs (1) and (2). 
(b) IMPROVEMENT OF HUMAN RESOURCES ACTIONS.— 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary shall establish or enhance systems 
of the Department to monitor the hiring and other human 
resources actions that occur at the local, regional, and na-
tional levels of the Department to improve the performance 
of those actions. 
(c) REPORT.—Not later than one year after the estab-
lishment of the qualifications and performance metrics 
under subsection (a), the Comptroller General of the United 
States shall submit to the Committee on Veterans’ Affairs 
of the Senate and the Committee on Veterans’ Affairs of 
the House of Representatives a report containing— 
(1) a description of the implementation of such 
qualifications and performance metrics; 
(2) an assessment of the quality of such quali-
fications and performance metrics; 
(3) an assessment of performance and outcomes 
based on such metrics; and
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(4) such other matters as the Comptroller Gen-
eral considers appropriate. 
(d) PLAN
TO RECRUIT
AND RETAIN HUMAN RE-
SOURCES EMPLOYEES.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committee on Veterans’ Affairs 
of the Senate and the Committee on Veterans’ Affairs of 
the House of Representatives a plan for the recruitment and 
retention of human resources employees within the Depart-
ment of Veterans Affairs. 
SEC. 904. MODIFICATION OF PAY CAP FOR CERTAIN EM-
PLOYEES OF VETERANS HEALTH ADMINIS-
TRATION. 
(a) IN GENERAL.—Section 7455(c) is amended— 
(1) in paragraph (1), by striking ‘‘30 percent’’ 
inserting ‘‘50 percent’’; 
(2) in paragraph (2), by striking ‘‘level IV’’ in-
serting ‘‘level II’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3)(A) Notwithstanding section 5304 of title 5 or any 
other provision of law, but subject to the limitation under 
paragraph (2), pursuant to an increase under subsection 
(a), the Secretary may pay a special rate or an adjusted
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rate of basic pay in excess of the rate of basic pay payable 
for level IV of the Executive Schedule. 
‘‘(B) If an employee is in receipt of a special rate of 
pay under subparagraph (A) in excess of the rate of basic 
pay payable for level IV of the Executive Schedule with an 
established special rate supplement of greater value than a 
supplement based on the applicable locality-based com-
parability payment percentage under section 5304 of title 
5, but a pay adjustment would cause such established spe-
cial rate supplement to be of lesser value, the special rate 
supplement shall be converted to a supplement based on the 
applicable locality-based comparability percentage unless 
the Secretary determines that some other action is appro-
priate.’’. 
(b) 
PAY
FOR
CRITICAL
POSITIONS.—Section 
7404(a)(1)(B) is amended by inserting ‘‘7306 or’’ before 
‘‘7401(4)’’. 
SEC. 905. EXPANSION OF OPPORTUNITIES FOR HOUSE-
KEEPING AIDES. 
Section 3310 of title 5, United States Code, is amended 
by inserting ‘‘(other than for positions of housekeeping aides 
in the Department of Veterans Affairs)’’ after ‘‘competitive 
service’’.
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† HR 3967 EAS 
retary and shall not be considered in calculating the limita-
tion under section 7431(e)(4) of this title. 
‘‘(d) NOT CONSIDERED BASIC PAY.—Awards under 
this section shall not be considered basic pay for any pur-
pose. 
‘‘(e) REGULATIONS.—The Secretary may prescribe reg-
ulations for the administration of this section.’’. 
(2) LIMITATION
ON
PAST
AWARDS.—Notwith-
standing any other provision of law, awards made by 
the Secretary of Veterans Affairs for any period on or 
after January 1, 2017, and before the date of the en-
actment of this Act for an employee under section 
7306 or 7401(4) of title 38, United States Code, or for 
a position described in section 7401(1) of such title 
that the Secretary has determined is of equivalent 
rank to a Senior Executive Service position (as such 
term is defined in section 3132(a) of title 5, United 
States Code), may be subject to section 7404A of title 
38, United States Code, as added by paragraph (1). 
(c) MODIFICATION OF EMPLOYEES SUBJECT TO REGU-
LATION BY SECRETARY OF VETERANS AFFAIRS OF HOURS 
AND CONDITIONS OF EMPLOYMENT AND LEAVES OF AB-
SENCE.— 
(1) IN GENERAL.—Section 7421 is amended—
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† HR 3967 EAS 
(A) in subsection (a), by striking ‘‘chapter’’ 
and inserting ‘‘title’’; and 
(B) in subsection (b), by adding at the end 
the following new paragraph: 
‘‘(9) Any position for which the employee is ap-
pointed under section 7306 or 7401(4) of this title.’’. 
(2) ADMINISTRATION
OF
FULL-TIME
EMPLOY-
EES.—Section 7423 is amended— 
(A) in subsection (a)(2), by adding at the 
end the following new subparagraph: 
‘‘(D) The Secretary may exclude from the requirements 
of paragraph (1) employees hired under section 7306 or 
7401(4) of this title or for a position described in section 
7401(1) of this title that the Secretary has determined is 
of equivalent rank to a Senior Executive Service position 
(as such term is defined in section 3132(a) of title 5).’’; 
and 
(B) 
in 
subsection 
(e)(1), 
by 
striking 
‘‘7401(1)’’ and inserting ‘‘7421(b)’’. 
(3) ADDITIONAL
PAY
AUTHORITIES.—Section 
7410(a) is amended— 
(A) by striking ‘‘The Secretary’’ and insert-
ing ‘‘(1) The Secretary’’; 
(B) by striking ‘‘the personnel described in 
paragraph (1) of section 7401 of this title’’ and
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† HR 3967 EAS 
inserting ‘‘personnel appointed under section 
7306 of this title or section 7401(4) of this title, 
or personnel described in section 7401(1) of this 
title,’’; and 
(C) by striking ‘‘in the same manner, and 
subject to the same limitations, as in the case of’’ 
and inserting ‘‘in a manner consistent with’’; 
and 
(D) by adding at the end the following new 
paragraph: 
‘‘(2) Payments under paragraph (1) shall not be con-
sidered in calculating the limitation under section 
7431(e)(4) of this title.’’. 
(4) TREATMENT OF PAY AUTHORITY CHANGES.— 
For the purposes of the amendments made by para-
graph (3), the Secretary of Veterans Affairs shall treat 
any award or payment made by the Secretary be-
tween January 1, 2017, and the date of the enactment 
of this Act to employees appointed under sections 
7306, 7401(1), and 7401(4) of title 38, United States 
Code, that the Secretary has determined are of equiv-
alent rank to a Senior Executive Service position (as 
such term is defined in section 3132(a) of title 5, 
United States Code), as if such amendments had been 
in effect at the time of such award or payment.
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(5) TREATMENT OF PRIOR LEAVE BALANCES.— 
Notwithstanding any other provision of law, the Sec-
retary may adjust the leave balance and carryover 
leave balance of any employee described in section 
7421(b)(9) of title 38, United States Code, as amend-
ed by paragraph (1)(B), to ensure any leave accrued 
or carried over before the date of the enactment of this 
Act remains available to such employee. 
(d) TREATMENT
OF CERTAIN EMPLOYEES
AS AP-
POINTED UNDER SECTION 7306.—Section 7306 is amend-
ed— 
(1) in subsection (a), by redesignating the second 
paragraph (11) as paragraph (12); and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) For purposes of applying any provision of chapter 
74 of this title, including sections 7404, 7410, and 7421, 
or any other provision of law, the Secretary may treat any 
appointment for a position under this chapter to be an ap-
pointment under this section.’’. 
(e) CONFORMING AMENDMENT.—Section 7431(e)(4) is 
amended by striking ‘‘In no case’’ and inserting ‘‘Except 
as provided in sections 7404A(c) and 7410(a)(2) of this 
title, in no case’’.
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SEC. 907. WAIVER OF PAY LIMITATION FOR CERTAIN EM-
PLOYEES OF DEPARTMENT OF VETERANS AF-
FAIRS. 
Subchapter I of chapter 7 is amended by inserting 
after section 703 the following new section: 
‘‘§ 704. Waiver of pay limitation for certain employees 
‘‘(a) EMPLOYEES OF VETERANS HEALTH ADMINISTRA-
TION IMPACTED BY CLOSURE OR REALIGNMENT.—Notwith-
standing any other provision of law, the Secretary may 
waive any annual premium or aggregate limitation on pay 
for an employee of the Veterans Health Administration for 
the calendar year during which— 
‘‘(1) the official duty station of the employee is 
closed; or 
‘‘(2) the office, facility, activity, or organization 
of the employee is realigned. 
‘‘(b) EMPLOYEES PROVIDING CARE TO VETERANS EX-
POSED TO OPEN BURN PITS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may waive any an-
nual premium or aggregate limitation on pay for an 
employee of the Department whose primary duties in-
clude providing expanded care for veterans exposed to 
open burn pits. 
‘‘(2) OPEN BURN PIT DEFINED.—In this sub-
section, the term ‘open burn pit’ has the meaning