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‘‘(D) participating in an audit or inves-
tigation by the Comptroller General of the 
United States; 
‘‘(E) refusing to perform an action that is 
unlawful or prohibited by the Department; or 
‘‘(F) engaging in communications that are 
related to the duties of the position or are other-
wise protected. 
‘‘(2) Preventing or restricting an employee from 
making an action described in any of subparagraphs 
(A) through (F) of paragraph (1). 
‘‘(3) Conducting a negative peer review or open-
ing a retaliatory investigation because of an activity 
of an employee that is protected by section 2302 of 
title 5. 
‘‘(4) Requesting a contractor to carry out an ac-
tion that is prohibited by section 4705(b) or section 
4712(a)(1) of title 41, as the case may be. 
‘‘§ 734. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Secretary 
shall include the criteria described in paragraph (2). 
‘‘(2) The criteria described in this subsection are the 
following: 
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‘‘(A) Whether the supervisor treats whistleblower 
complaints in accordance with section 732 of this 
title. 
‘‘(B) Whether the appropriate deciding official, 
performance review board, or performance review 
committee determines that the supervisor was found 
to have committed a prohibited personnel action de-
scribed in section 733(b) of this title by an adminis-
trative judge, the Merit Systems Protection Board, the 
Office of Special Counsel, an adjudicating body pro-
vided under a union contract, a Federal judge, or, in 
the case of a settlement of a whistleblower complaint 
(regardless of whether any fault was assigned under 
such settlement), the Secretary. 
‘‘(b) BONUSES.—(1) The Secretary may not pay to a 
supervisor described in subsection (a)(2)(B) an award or 
bonus under this title or title 5, including under chapter 
45 or 53 of such title, during the one-year period beginning 
on the date on which the determination was made under 
such subsection. 
‘‘(2) Notwithstanding any other provision of law, the 
Secretary shall issue an order directing a supervisor de-
scribed in subsection (a)(2)(B) to repay the amount of any 
award or bonus paid under this title or title 5, including 
under chapter 45 or 53 of such title, if— 
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‘‘(A) such award or bonus was paid for perform-
ance during a period in which the supervisor com-
mitted a prohibited personnel action as determined 
pursuant to such subsection (a)(2)(B); 
‘‘(B) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed by the 
Secretary to carry out this section; and 
‘‘(C) the supervisor is afforded notice and an op-
portunity for a hearing before making such repay-
ment. 
‘‘§ 735. Training regarding whistleblower complaints 
‘‘(a) TRAINING.—Not less frequently than once each 
year, the Secretary, in coordination with the Whistleblower 
Protection Ombudsman designated under section 3(d)(1)(C) 
of the Inspector General Act of 1978 (5 U.S.C. App.), shall 
provide to each employee of the Department training re-
garding whistleblower complaints, including— 
‘‘(1) an explanation of each method established 
by law in which an employee may file a whistleblower 
complaint; 
‘‘(2) an explanation of prohibited personnel ac-
tions described by section 733(c) of this title; 
‘‘(3) with respect to supervisors, how to treat 
whistleblower complaints in accordance with section 
732 of this title; 
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‘‘(4) the right of the employee to petition Con-
gress regarding a whistleblower complaint in accord-
ance with section 7211 of title 5; 
‘‘(5) an explanation that the employee may not 
be prosecuted or reprised against for disclosing infor-
mation to Congress, the Inspector General, or another 
investigatory agency in instances where such disclo-
sure is permitted by law, including under sections 
5701, 5705, and 7732 of this title, under section 552a 
of title 5 (commonly referred to as the Privacy Act), 
under chapter 93 of title 18, and pursuant to regula-
tions promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 
(Public Law 104–191); 
‘‘(6) an explanation of the language that is re-
quired to be included in all nondisclosure policies, 
forms, and agreements pursuant to section 115(a)(1) 
of the Whistleblower Protection Enhancement Act of 
2012 (5 U.S.C. 2302 note); and 
‘‘(7) the right of contractors to be protected from 
reprisal for the disclosure of certain information 
under section 4705 or 4712 of title 41. 
‘‘(b) MANNER TRAINING IS PROVIDED.—The Secretary 
shall ensure that training provided under subsection (a) is 
provided in person. 
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‘‘(c) CERTIFICATION.—Not less frequently than once 
each year, the Secretary shall provide training on merit 
system protection in a manner that the Special Counsel cer-
tifies as being satisfactory. 
‘‘(d) PUBLICATION.—(1) The Secretary shall publish 
on the Internet website of the Department, and display 
prominently at each facility of the Department, the rights 
of an employee to file a whistleblower complaint, including 
the information described in paragraphs (1) through (7) of 
subsection (a). 
‘‘(2) The Secretary shall publish on the Internet 
website of the Department, the whistleblower complaint 
form described in section 732(g)(2). 
‘‘§ 736. Reports to Congress 
‘‘(a) ANNUAL REPORTS.—Not less frequently than once 
each year, the Secretary shall submit to the appropriate 
committees of Congress a report that includes— 
‘‘(1) with respect to whistleblower complaints 
filed under section 732 of this title during the year 
covered by the report— 
‘‘(A) the number of such complaints filed; 
‘‘(B) the disposition of such complaints; and 
‘‘(C) the ways in which the Secretary ad-
dressed such complaints in which a positive de-
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termination was made by a supervisor under 
subsection (b)(1) of such section; 
‘‘(2) the number of whistleblower complaints 
filed during the year covered by the report that are 
not included under paragraph (1), including— 
‘‘(A) the method in which such complaints 
were filed; 
‘‘(B) the disposition of such complaints; and 
‘‘(C) the ways in which the Secretary ad-
dressed such complaints; and 
‘‘(3) with respect to disclosures made by a con-
tractor under section 4705 or 4712 of title 41— 
‘‘(A) the number of complaints relating to 
such disclosures that were investigated by the In-
spector General of the Department of Veterans 
Affairs during the year covered by the report; 
‘‘(B) the disposition of such complaints; and 
‘‘(C) the ways in which the Secretary ad-
dressed such complaints. 
‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL DE-
TERMINATIONS.—Not later than 30 days after the date on 
which the Secretary receives from the Special Counsel infor-
mation relating to a whistleblower complaint pursuant to 
section 1213 of title 5, the Secretary shall notify the appro-
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‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 
‘‘731. Whistleblower complaint defined. 
‘‘732. Treatment of whistleblower complaints. 
‘‘733. Adverse actions against supervisory employees who commit prohibited per-
sonnel actions relating to whistleblower complaints. 
‘‘734. Evaluation criteria of supervisors and treatment of bonuses. 
‘‘735. Training regarding whistleblower complaints. 
‘‘736. Reports to Congress.’’. 
(b) TREATMENT OF CONGRESSIONAL TESTIMONY BY 
DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES AS OFFI-
CIAL DUTY.— 
(1) IN GENERAL.—Subchapter I of chapter 7 of 
title 38, United States Code, as designated by section 
2(a)(2)(A), is amended by adding at the end the fol-
lowing new section: 
‘‘§ 715. Congressional testimony by employees: treat-
ment as official duty 
‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of 
the Department is performing official duty during the pe-
riod with respect to which the employee is testifying in an 
official capacity in front of either chamber of Congress, a 
committee of either chamber of Congress, or a joint or select 
committee of Congress. 
‘‘(b) TRAVEL EXPENSES.—The Secretary shall provide 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, to any employee of the Department 
of Veterans Affairs performing official duty described under 
subsection (a).’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended by 
section 2(a)(2)(B), is further amended by inserting 
after the item relating to section 713 the following 
new item: 
‘‘715. Congressional testimony by employees: treatment as official duty.’’. 
SEC. 247. (a) Notwithstanding any other provision of 
law, of the amounts appropriated or otherwise made avail-
able to the Department of Veterans Affairs for the ‘‘Medical 
Services’’ account, for fiscal year 2017, not less than 
$18,000,000, and for fiscal year 2018, not less than 
$70,000,000, shall be used for the provision of fertility treat-
ment and counseling, including treatment using assisted re-
productive technology, to veterans and their spouses if the 
veteran has a service-connected condition that results in the 
veteran being unable to procreate without the use of such 
fertility treatment. 
(b) In this section, the term ‘‘service-connected condi-
tion’’ means a condition that was incurred or aggravated 
in line of duty in the active military, naval, or air service 
(as defined in section 101 of title 38, United States Code). 
SEC. 248. None of the amounts appropriated or other-
wise made available by title II may be used to carry out 
the Home Marketing Incentive Program of the Department 
of Veterans Affairs or to carry out the Appraisal Value 
Offer Program of the Department with respect to an em-
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ployee of the Department in a senior executive position (as 
defined in section 713(g) of title 38, United States Code): 
Provided, That the Secretary may waive this prohibition 
with respect to the use of the Home Marketing Incentive 
Program and Appraisal Value Offer Program to recruit for 
a position for which recruitment or retention of qualified 
personnel is likely to be difficult in the absence of the use 
of these incentives: Provided further, That within 15 days 
of a determination by the Secretary to waive this prohibi-
tion, the Secretary shall submit written notification thereof 
to the Committees on Appropriations of both Houses of Con-
gress containing the reasons and identifying the position 
title for which the waiver has been issued. 
SEC. 249. None of the funds appropriated or otherwise 
made available to the Department of Veterans Affairs in 
this Act may be used in a manner that would— 
(1) interfere with the ability of a veteran to par-
ticipate in a medicinal marijuana program approved 
by a State; 
(2) deny any services from the Department to a 
veteran who is participating in such a program; or 
(3) limit or interfere with the ability of a health 
care provider of the Department to make appropriate 
recommendations, fill out forms, or take steps to com-
ply with such a program. 
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SEC. 250. (a) IN GENERAL.—For the purposes of 
verifying that an individual performed service under honor-
able conditions that satisfies the requirements of a coastwise 
merchant seaman who is recognized pursuant to section 401 
of the GI Bill Improvement Act of 1977 (Public Law 95– 
202; 38 U.S.C. 106 note) as having performed active duty 
service for the purposes described in subsection (c)(1), the 
Secretary of Defense shall accept the following: 
(1) In the case of an individual who served on 
a coastwise merchant vessel seeking such recognition 
for whom no applicable Coast Guard shipping or dis-
charge form, ship logbook, merchant mariner’s docu-
ment or Z-card, or other official employment record 
is available, the Secretary of Defense shall provide 
such recognition on the basis of applicable Social Se-
curity Administration records submitted for or by the 
individual, together with validated testimony given 
by the individual or the primary next of kin of the 
individual that the individual performed such service 
during the period beginning on December 7, 1941, 
and ending on December 31, 1946. 
(2) In the case of an individual who served on 
a coastwise merchant vessel seeking such recognition 
for whom the applicable Coast Guard shipping or dis-
charge form, ship logbook, merchant mariner’s docu-
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ment or Z-card, or other official employment record 
has been destroyed or otherwise become unavailable by 
reason of any action committed by a person respon-
sible for the control and maintenance of such form, 
logbook, or record, the Secretary of Defense shall ac-
cept other official documentation demonstrating that 
the individual performed such service during period 
beginning on December 7, 1941, and ending on De-
cember 31, 1946. 
(3) For the purpose of determining whether to 
recognize service allegedly performed during the pe-
riod beginning on December 7, 1941, and ending on 
December 31, 1946, the Secretary shall recognize mas-
ters of seagoing vessels or other officers in command 
of similarly organized groups as agents of the United 
States who were authorized to document any indi-
vidual for purposes of hiring the individual to per-
form service in the merchant marine or discharging 
an individual from such service. 
(b) TREATMENT OF OTHER DOCUMENTATION.—Other 
documentation accepted by the Secretary of Defense pursu-
ant to subsection (a)(2) shall satisfy all requirements for 
eligibility of service during the period beginning on Decem-
ber 7, 1941, and ending on December 31, 1946. 
(c) BENEFITS ALLOWED.— 
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(1) MEDALS, RIBBONS, AND DECORATIONS.—An 
individual whose service is recognized as active duty 
pursuant to subsection (a) may be awarded an appro-
priate medal, ribbon, or other military decoration 
based on such service. 
(2) STATUS OF VETERAN.—An individual whose 
service is recognized as active duty pursuant to sub-
section (a) shall be honored as a veteran but shall not 
be entitled by reason of such recognized service to any 
benefit that is not described in this subsection. 
SEC. 251. (a) The Secretary of Veterans Affairs shall 
ensure that the Readjustment Counseling Service of the De-
partment of Veterans Affairs coordinates directly with the 
Office of Rural Health of the Department on efforts to ex-
pand the capacity of Vet Centers (as defined in section 
1712A(h) of title 38, United States Code) in order to ensure 
that the readjustment and psychological counseling needs 
of veterans in rural and highly rural communities are met. 
(b) Not later than one year after the date of the enact-
ment of this Act, the Secretary shall submit to the Com-
mittee on Appropriations of the Senate and the Committee 
on Appropriations of the House of Representatives a report 
detailing the number of Vet Centers (as so defined) operated 
by the Department and a strategic plan to increase the ca-
pacity of such Vet Centers to address unmet readjustment 
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and psychological counseling needs of veterans in rural and 
highly rural communities. 
MONTHLY ASSISTANCE ALLOWANCE FOR DISABLED 
VETERANS COMPETING ON OLYMPIC TEAMS 
SEC. 252. Section 322(d)(1) of title 38, United States 
Code, is amended— 
(1) by striking ‘‘allowance to a veteran’’ and in-
serting the following: ‘‘allowance to— 
‘‘(A) a veteran’’; 
(2) in subparagraph (A), as designated by para-
graph (1), by striking the period at the end and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) a veteran with a service-connected dis-
ability rated as 30 percent or greater by the Depart-
ment who is selected by the United States Olympic 
Committee for the United States Olympic Team for 
any month in which the veteran is competing in any 
event sanctioned by the National Governing Bodies of 
the United States Olympic Sports.’’. 
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COVERAGE
UNDER
DEPARTMENT
OF
VETERANS
AFFAIRS 
BENEFICIARY TRAVEL PROGRAM OF TRAVEL IN CON-
NECTION WITH CERTAIN SPECIAL DISABILITIES REHA-
BILITATION 
SEC. 253. (a) IN GENERAL.—Section 111(b)(1) of title 
38, United States Code, is amended by adding at the end 
the following new subparagraph: 
‘‘(G) A veteran with vision impairment, a vet-
eran with a spinal cord injury or disorder, or a vet-
eran with double or multiple amputations whose trav-
el is in connection with care provided through a spe-
cial disabilities rehabilitation program of the Depart-
ment (including programs provided by spinal cord 
injury centers, blind rehabilitation centers, and pros-
thetics rehabilitation centers) if such care is pro-
vided— 
‘‘(i) on an in-patient basis; or 
‘‘(ii) during a period in which the Sec-
retary provides the veteran with temporary lodg-
ing at a facility of the Department to make such 
care more accessible to the veteran.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Af-
fairs shall submit to the Committee on Veterans’ Affairs of 
the Senate and the Committee on Veterans’ Affairs of the 
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House of Representatives a report on the beneficiary travel 
program under section 111 of title 38, United States Code, 
as amended by subsection (a), that includes the following: 
(1) The cost of the program. 
(2) The number of veterans served by the pro-
gram. 
(3) Such other matters as the Secretary considers 
appropriate. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first fiscal 
year that begins after the date of the enactment of this Act. 
INSPECTION OF KITCHENS AND FOOD SERVICE AREAS AT 
MEDICAL FACILITIES OF THE DEPARTMENT OF VET-
ERANS AFFAIRS 
SEC. 254. (a) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, and not less fre-
quently than annually thereafter, the Secretary of Veterans 
Affairs shall provide for the conduct of inspections of kitch-
ens and food service areas at each medical facility of the 
Department of Veterans Affairs to ensure that the same 
standards for kitchens and food service areas at hospitals 
in the private sector are being met at kitchens and food 
service areas at medical facilities of the Department. 
(b) AGREEMENT.— 
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(1) IN GENERAL.—The Secretary shall seek to 
enter into an agreement with the Joint Commission 
on Accreditation of Hospital Organizations under 
which the Joint Commission on Accreditation of Hos-
pital Organizations conducts the inspections required 
under subsection (a). 
(2) ALTERNATE
ORGANIZATION.—If the Sec-
retary is unable to enter into an agreement described 
in paragraph (1) with the Joint Commission on Ac-
creditation of Hospital Organizations on terms ac-
ceptable to the Secretary, the Secretary shall seek to 
enter into such an agreement with another appro-
priate organization that— 
(A) is not part of the Federal Government; 
(B) operates as a not-for-profit entity; and 
(C) has expertise and objectivity comparable 
to that of the Joint Commission on Accreditation 
of Hospital Organizations. 
(c) REMEDIATION PLAN.— 
(1) INITIAL FAILURE.—If a kitchen or food serv-
ice area of a medical facility of the Department is de-
termined pursuant to an inspection conducted under 
subsection (a) not to meet the standards for kitchens 
and food service areas in hospitals in the private sec-
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tor, that medical facility fails the inspection and the 
Secretary shall— 
(A) implement a remediation plan for that 
medical facility within 48 hours; and 
(B) Conduct a second inspection under sub-
section (a) at that medical facility within 7 days 
of the failed inspection. 
(2) SECOND FAILURE.—If a medical facility of 
the Department fails the second inspection conducted 
under paragraph (1)(B), the Secretary shall close the 
kitchen or food service area at that medical facility 
that did not meet the standards for kitchens and food 
service areas in hospitals in the private sector until 
remediation is completed and all kitchens and food 
service areas at that medical facility meet such stand-
ards. 
(3) PROVISION OF FOOD.—If a kitchen or food 
service area is closed at a medical facility of the De-
partment pursuant to paragraph (2), the Director of 
the Veterans Integrated Service Network in which the 
medical facility is located shall enter into a contract 
with a vendor approved by the General Services Ad-
ministration to provide food at the medical facility. 
(d) REPORTS.— 
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(1) QUARTERLY.—Not less frequently than quar-
terly, the Director of each Veterans Integrated Service 
Network shall submit to Congress a report on inspec-
tions conducted under this section during that quarter 
at medical facilities of the Department under the ju-
risdiction of that Director. 
(2) SUBSEQUENT PERIOD.—A Director of a Vet-
erans Integrated Service Network may submit to Con-
gress the report described in paragraph (1) not less 
frequently than semiannually if the Director does not 
report any failed inspections for the one-year period 
preceding the submittal of the report. 
INSPECTION OF MOLD ISSUES AT MEDICAL FACILITIES OF 
THE DEPARTMENT OF VETERANS AFFAIRS 
SEC. 255. (a) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, and not less fre-
quently than annually thereafter, the Secretary of Veterans 
Affairs shall provide for the inspection of mold issues at 
medical facilities of the Department of Veterans Affairs. 
(b) AGREEMENT.— 
(1) IN GENERAL.—The Secretary shall seek to 
enter into an agreement with the Joint Commission 
on Accreditation of Hospital Organizations under 
which the Joint Commission on Accreditation of Hos-
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pital Organizations conducts the inspections required 
under subsection (a). 
(2) ALTERNATE
ORGANIZATION.—If the Sec-
retary is unable to enter into an agreement described 
in paragraph (1) with the Joint Commission on Ac-
creditation of Hospital Organizations on terms ac-
ceptable to the Secretary, the Secretary shall seek to 
enter into such an agreement with another appro-
priate organization that— 
(A) is not part of the Federal Government; 
(B) operates as a not-for-profit entity; and 
(C) has expertise and objectivity comparable 
to that of the Joint Commission on Accreditation 
of Hospital Organizations. 
(c) REMEDIATION PLAN.—If a medical facility of the 
Department is determined pursuant to an inspection con-
ducted under subsection (a) to have a mold issue, the Sec-
retary shall— 
(1) implement a remediation plan for that med-
ical facility within 48 hours; and 
(2) Conduct a second inspection under subsection 
(a) at that medical facility within 90 days of the ini-
tial inspection. 
(d) REPORTS.— 
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(1) QUARTERLY.—Not less frequently than quar-
terly, the Director of each Veterans Integrated Service 
Network shall submit to the Secretary of Veterans Af-
fairs and Congress a report on inspections conducted 
under this section during that quarter at medical fa-
cilities of the Department under the jurisdiction of 
that Director. 
(2) SUBSEQUENT PERIOD.—A Director of a Vet-
erans Integrated Service Network may submit to Con-
gress the report described in paragraph (1) not less 
frequently than semiannually if the Director does not 
report any mold issues for the one-year period pre-
ceding the submittal of the report. 
COVERAGE
UNDER
DEPARTMENT
OF
VETERANS
AFFAIRS 
BENEFICIARY TRAVEL PROGRAM OF TRAVEL IN CON-
NECTION WITH CERTAIN SPECIAL DISABILITIES REHA-
BILITATION 
SEC. 256. (a) IN GENERAL.—Section 111(b)(1) of title 
38, United States Code, is amended by adding at the end 
the following new subparagraph: 
‘‘(G) A veteran with vision impairment, a vet-
eran with a spinal cord injury or disorder, or a vet-
eran with double or multiple amputations whose trav-
el is in connection with care provided through a spe-
cial disabilities rehabilitation program of the Depart-
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ment (including programs provided by spinal cord 
injury centers, blind rehabilitation centers, and pros-
thetics rehabilitation centers) if such care is pro-
vided— 
‘‘(i) on an in-patient basis; or 
‘‘(ii) during a period in which the Sec-
retary provides the veteran with temporary lodg-
ing at a facility of the Department to make such 
care more accessible to the veteran.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Af-
fairs shall submit to the Committee on Veterans’ Affairs of 
the Senate and the Committee on Veterans’ Affairs of the 
House of Representatives a report on the beneficiary travel 
program under section 111 of title 38, United States Code, 
as amended by subsection (a), that includes the following: 
(1) The cost of the program. 
(2) The number of veterans served by the pro-
gram. 
(3) Such other matters as the Secretary considers 
appropriate. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first fiscal 
year that begins after the date of the enactment of this Act. 
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EXTENSION OF REQUIREMENT FOR REPORT ON CAPACITY 
OF DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE 
FOR SPECIALIZED TREATMENT AND REHABILITATIVE 
NEEDS OF DISABLED VETERANS 
SEC. 257. Section 1706(b)(5)(A) of title 38, United 
States Code, is amended, in the first sentence, by striking 
‘‘through 2008’’. 
SEC. 258. From the amount made available in this 
title under the heading ‘‘Medical Support and Compli-
ance’’, up to $18,000,000 shall be made available for Direc-
tors of Veterans Integrated Service Networks to contract 
with appropriate non-Department of Veterans Affairs enti-
ties to assess, evaluate, and improve the health care delivery 
by and business operations of medical centers of the Depart-
ment under the jurisdiction of each such Director. 
SEC. 259. (a) Not later than 180 days after the enact-
ment of this Act, the Secretary of Veterans Affairs shall 
begin an assessment of whether the hiring of marriage and 
family therapists trained at Commission on Accreditation 
for Marriage and Family Therapy Education accredited in-
stitutions is adversely impacting the ability of the Depart-
ment of Veterans Affairs to hire marriage and family thera-
pists. 
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(b) The assessment should also include what steps the 
Department of Veterans Affairs is taking to increase hiring 
of marriage and family therapists. 
(c) Not later than one year after the enactment of this 
Act, the Secretary of Veterans Affairs shall submit the re-
port to the House and Senate Veterans Affairs Committees. 
SEC. 260. Not later than September 30, 2017, the Sec-
retary of Veterans Affairs shall— 
(1) provide for the conduct by the Office of In-
spector General of the Department of Veterans Affairs 
of an inspection or audit of the use of Federal award 
GU1103 in the amount of $3,265,487 that was 
awarded in 2013 to renovate a veteran’s cemetery in 
Guam under the Veterans Cemetery Grants Program 
of the Department of Veterans Affairs, including— 
(A) an itemized accounting of the use of 
such award; or 
(B) if no such itemized accounting is pos-
sible, an explanation of why any amounts in 
connection with such award are unaccounted for; 
(2) submit to the Committee on Appropriations 
and the Committee on Veterans’ Affairs of the Senate 
and the Committee on Appropriations and the Com-
mittee on Veterans’ Affairs of the House of Represent-
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atives a report on the results on the inspection or 
audit conducted under paragraph (1); and 
(3) publish the results on the inspection or audit 
conducted under paragraph (1) on a publicly avail-
able Internet website of the Department. 
SEC. 261. (a) The Secretary of Veterans Affairs may 
use amounts appropriated or otherwise made available in 
this title to ensure that the ratio of veterans to full-time 
employment equivalents within any program of rehabilita-
tion conducted under chapter 31 of title 38, United States 
Code, does not exceed 125 veterans to one full-time employ-
ment equivalent. 
(b) Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to Congress a 
report on the programs of rehabilitation conducted under 
chapter 31 of title 38, United States Code, including— 
(1) an assessment of the veteran-to-staff ratio for 
each such program; and 
(2) recommendations for such action as the Sec-
retary considers necessary to reduce the veteran-to- 
staff ratio for each such program. 
SEC. 262. Not later than September 30, 2017, the Sec-
retary of Veterans Affairs shall submit to Congress a plan 
on modernizing the system of the Veterans Health Adminis-
tration for processing claims by non-Department of Vet-
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erans Affairs health care providers for reimbursement for 
health care provided to veterans under the laws adminis-
tered by the Secretary. 
AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY 
PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS 
SEC. 263. (a) FINDINGS.—Congress finds the fol-
lowing: 
(1) The Military Construction, Veterans Affairs, 
and Related Agencies Appropriations Act, 2016, 
which was passed by the Senate on November 10, 
2015, without a single vote cast against the bill, and 
the Consolidated Appropriations Act, 2016 include 
the following amounts to be appropriated to the De-
partment of Veterans Affairs: 
(A) $35,000,000 to make seismic corrections 
to Building 208 at the West Los Angeles Medical 
Center of the Department in Los Angeles, Cali-
fornia, which, according to the Department, is a 
building that is designated as having an excep-
tionally high risk of sustaining substantial dam-
age or collapsing during an earthquake. 
(B) $158,000,000 to provide for the con-
struction of a new research building, site work, 
and demolition at the San Francisco Veterans 
Affairs Medical Center. 
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(C) $161,000,000 to replace Building 133 
with a new community living center at the Long 
Beach Veterans Affairs Medical Center, which, 
according to the Department, is a building that 
is designated as having an extremely high risk of 
sustaining major damage during an earthquake. 
(D) $468,800,000 for construction projects 
that are critical to the Department for ensuring 
health care access and safety at medical facilities 
in Louisville, Kentucky, Jefferson Barracks in 
St. Louis, Missouri, Perry Point, Maryland, 
American Lake, Washington, Alameda, Cali-
fornia, and Livermore, California. 
(2) The Department is unable to obligate or ex-
pend the amounts described in paragraph (1), other 
than for construction design, because the Department 
lacks an explicit authorization by an Act of Congress 
pursuant to section 8104(a)(2) of title 38, United 
States Code, to carry out the major medical facility 
projects described in such paragraph. 
(3) Among the major medical facility projects de-
scribed in paragraph (1), three are critical seismic 
safety projects in California. 
(4) Every day that the critical seismic safety 
projects described in paragraph (3) are delayed in-
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creases the risk of a life-threatening building failure 
in the case of a major seismic event. 
(5) According to the United States Geological 
Survey— 
(A) California has more than a 99 percent 
chance of experiencing an earthquake of mag-
nitude 6.7 or greater in the next 30 years; 
(B) even earthquakes of less severity than 
magnitude 6.7 can cause life threatening damage 
to seismically unsafe buildings; and 
(C) in California, earthquakes of magnitude 
6.0 or greater occur on average once every 1.2 
years. 
(6) On January 20, 2016, the Senate passed this 
legislation by unanimous consent as S. 2422, 114th 
Congress. 
(b) AUTHORIZATION.—The Secretary of Veterans Af-
fairs may carry out the following major medical facility 
projects, with each project to be carried out in an amount 
not to exceed the amount specified for that project: 
(1) Seismic corrections to buildings, including 
retrofitting and replacement of high-risk buildings, in 
San Francisco, California, in an amount not to ex-
ceed $180,480,000. 
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(2) Seismic corrections to facilities, including fa-
cilities to support homeless veterans, at the medical 
center in West Los Angeles, California, in an amount 
not to exceed $105,500,000. 
(3) Seismic corrections to the mental health and 
community living center in Long Beach, California, 
in an amount not to exceed $287,100,000. 
(4) Construction of an outpatient clinic, admin-
istrative space, cemetery, and columbarium in Ala-
meda, California, in an amount not to exceed 
$87,332,000. 
(5) Realignment of medical facilities in Liver-
more, California, in an amount not to exceed 
$194,430,000. 
(6) Construction of a medical center in Louis-
ville, Kentucky, in an amount not to exceed 
$150,000,000. 
(7) Construction of a replacement community 
living center in Perry Point, Maryland, in an 
amount not to exceed $92,700,000. 
(8) Seismic corrections and other renovations to 
several buildings and construction of a specialty care 
building in American Lake, Washington, in an 
amount not to exceed $16,260,000. 
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(6) funds appropriated for Construction, Major 
Projects, for a fiscal year after fiscal year 2016 for a 
category of activity not specific to a project. 
SEC. 264. (a) None of the funds made available in this 
Act may be used to deny an Inspector General funded under 
this Act timely access to any records, documents, or other 
materials available to the department or agency over which 
that Inspector General has responsibilities under the In-
spector General Act of 1978 (5 U.S.C. App.), or to prevent 
or impede that Inspector General’s access to such records, 
documents, or other materials, under any provision of law, 
except a provision of law that expressly refers to the Inspec-
tor General and expressly limits the Inspector General’s 
right of access. 
(b) A department or agency covered by this section 
shall provide its Inspector General with access to all such 
records, documents, and other materials in a timely man-
ner. 
(c) Each Inspector General shall ensure compliance 
with statutory limitations on disclosure relevant to the in-
formation provided by the establishment over which that In-
spector General has responsibilities under the Inspector 
General Act of 1978 (5 U.S.C. App.). 
(d) Each Inspector General covered by this section 
shall report to the Committees on Appropriations of the 
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House of Representatives and the Senate within 5 calendar 
days any failures to comply with this requirement. 
SEC. 265. Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to the Committee on Appropriations of the 
Senate and the Committee on Appropriations of the House 
of Representatives a report that contains an update on the 
progress of the Department of Veterans Affairs in com-
pleting the Rural Veterans Burial Initiative and the ex-
pected timeline for completion of such initiative. 
SEC. 266. Of the funds made available in this title for 
fiscal year 2017 for medical support and compliance, not 
less than $21,000,000 shall be made available to the Sec-
retary of Veterans Affairs to hire Medical Center Directors 
and employees for other management and clinical positions 
that are critical to the Department of Veterans Affairs in 
order to fill vacancies in such positions. 
SEC. 267. None of the funds appropriated or otherwise 
made available in this title may be used by the Secretary 
of Veterans Affairs to enter into an agreement related to 
resolving a dispute or claim with an individual that would 
restrict in any way the individual from speaking to mem-
bers of Congress or their staff on any topic not otherwise 
prohibited from disclosure by Federal law. 
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PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM 
PROVIDING
NON-DEPARTMENT
HEALTH
CARE
SERV-
ICES TO VETERANS 
SEC. 268. (a) IN GENERAL.—One year after enactment 
of this Act, the Secretary of Veterans Affairs shall deny or 
revoke the eligibility of a health care provider to provide 
non-Department health care services to veterans if the Sec-
retary determines that— 
(1) the health care provider was removed from 
employment with the Department of Veterans Affairs 
due to conduct that violated a policy of the Depart-
ment relating to the delivery of safe and appropriate 
patient care; 
(2) the health care provider violated the require-
ments of a medical license of the health care provider; 
(3) the health care provider had a Department 
credential revoked and the Secretary determines that 
the grounds for such revocation impacts the ability of 
the health care provider to deliver safe and appro-
priate care; or 
(4) the health care provider violated a law for 
which a term of imprisonment of more than one year 
may be imposed. 
(b) PERMISSIVE ACTION.—One year after enactment 
of this Act, the Secretary may deny, revoke, or suspend the 
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eligibility of a health care provider to provide non-Depart-
ment health care services if the Secretary has reasonable 
belief that such action is necessary to immediately protect 
the health, safety, or welfare of veterans and— 
(1) the health care provider is under investiga-
tion by the medical licensing board of a State in 
which the health care provider is licensed or practices; 
(2) the health care provider has entered into a 
settlement agreement for a disciplinary charge relat-
ing to the practice of medicine by the health care pro-
vider; or 
(3) the Secretary otherwise determines that such 
action is appropriate under the circumstances. 
(c) SUSPENSION.—The Secretary shall suspend the eli-
gibility of a health care provider to provide non-Depart-
ment health care services to veterans if the health care pro-
vider is suspended from serving as a health care provider 
of the Department. 
(d) INITIAL REVIEW.—The Secretary shall review the 
Department employment status and history of each health 
care provider providing non-Department health care serv-
ices to determine instances of circumstances described in 
paragraphs (a) through (c) and shall take action as appro-
priate to each circumstance as described in paragraphs (a) 
through (c). 
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(e) REPORT REQUIRED.—Not later than two years 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to Congress a re-
port on the implementation by the Secretary of this section, 
including the following: 
(1) The aggregate number of health care pro-
viders denied or suspended under this section from 
participation in providing non-Department health 
care services. 
(2) An evaluation of any impact on access to 
care for patients or staffing shortages in programs of 
the Department providing non-Department health 
care services. 
(3) An explanation of the coordination of the De-
partment with the medical licensing boards of States 
in implementing this section, the amount of involve-
ment of such boards in such implementation, and ef-
forts by the Department to address any concerns 
raised by such boards with respect to such implemen-
tation. 
(4) Such recommendations as the Comptroller 
General considers appropriate regarding harmonizing 
eligibility criteria between health care providers of the 
Department and health care providers eligible to pro-
vide non-Department health care services. 
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(f) NON-DEPARTMENT HEALTH CARE SERVICES DE-
FINED.—In this section, the term ‘‘non-Department health 
care services’’ means— 
(1) services provided under subchapter I of chap-
ter 17 of title 38, United States Code, at non-Depart-
ment facilities (as defined in section 1701 of such 
title); 
(2) services provided under section 101 of the 
Veterans Access, Choice, and Accountability Act of 
2014 (Public Law 113–146; 38 U.S.C. 1701 note); 
(3) services purchased through the Medical Com-
munity Care account of the Department; or 
(4) services purchased with amounts deposited in 
the Veterans Choice Fund under section 802 of the 
Veterans Access, Choice, and Accountability Act of 
2014. 
TITLE III 
RELATED AGENCIES 
AMERICAN BATTLE MONUMENTS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of 
the American Battle Monuments Commission, including the 
acquisition of land or interest in land in foreign countries; 
purchases and repair of uniforms for caretakers of national 
cemeteries and monuments outside of the United States and 
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