,,ii ,calendar ,no4 #dfg #aadth ,,congress #b;d ,session ,s4 #biba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #aa1 #bjaf,mr4 ,isakson 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,tillis1 ,mr4 ,tester1 ,mr4 ,udall1 ,mr4 ,bennet1 ,mr4 ,rounds1 ,mrs4 ,feinstein1 ,mr4 ,boozman1 ,mr4 ,heller1 ,mrs4 ,murray1 ,mr4 ,manchin1 ,ms4 ,hirono1 ,mr4 ,brown1 ,mr4 ,leahy1 ,mr4 ,daines1 ,mr4 ,sullivan1 ,mrs4 ,shaheen1 ,mr4 ,durbin1 ,mr4 ,nelson1 ,ms4 ,cantwell1 ,ms4 ,baldwin1 ,mr4 ,casey1 ,mr4 ,kaine1 ,mr4 ,booker1 ,mr4 ,schatz1 ,mr4 ,moran1 ,mr4 ,blunt1 ,mr4 ,franken1 ,ms4 ,klobuchar1 ,mr4 ,heinrich1 ,mrs4 ,mc,caskill1 ,mr4 ,murphy1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,may #af1 #bjaf,reported by ,mr4 ,isakson1 without amendment ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the accountability of employees of the ,department of ,veterans ,affairs1 to improve health care and benefits for veterans1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,veterans ,first ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,personnel and accountability matters,subtitle ,a--,office of ,accountability and ,whistleblower ,protection,sec4 #aja4 ,office of ,accountability and ,whistleblower ,protection4,sec4 #ajb4 ,protection of whistleblowers in ,department of ,veterans ,affairs4,sec4 #ajc4 ,treatment of congressional testimony by ,department of ,veterans ,affairs employees as official duty4,sec4 #ajd4 ,report on methods used to investigate employees of ,department of ,veterans ,affairs4,subtitle ,b--,supervisors and senior executives,sec4 #aaa4 ,treatment of ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks4,sec4 #aab4 ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks4,sec4 #aac4 ,improved authorities of ,secretary of ,veterans ,affairs to improve accountability of senior executives4,sec4 #aad4 ,reduction of benefits for members of the ,senior ,executive ,service within the ,department of ,veterans ,affairs convicted of certain crimes4,sec4 #aae4 ,independent review and assessment of management training and appraisal at ,department of ,veterans ,affairs4,sec4 #aaf4 ,accountability of leaders for managing the ,department of ,veterans ,affairs4,sec4 #aag4 ,accountability of supervisors at ,department of ,veterans ,affairs for hiring well-qualified people4,sec4 #aah4 ,accountability of supervisors at ,department of ,veterans ,affairs for addressing performance of employees4,sec4 #aai4 ,improvement of training for supervisors4,sec4 #abj4 ,assessment and report on effect on senior executives at ,department of ,veterans ,affairs4,subtitle ,c--,employees,sec4 #aba4 ,removal of employees of ,department of ,veterans ,affairs based on performance or misconduct4,sec4 #abb4 ,prohibition on award of bonuses to employees of ,department of ,veterans ,affairs under consideration for adverse actions or subject of adverse findings4,sec4 #abc4 ,retention of records of reprimands and admonishments received by employees of the ,department of ,veterans ,affairs4,sec4 #abd4 ,limitation on administrative leave for employees of ,department of ,veterans ,affairs4,sec4 #abe4 ,measurement of ,department of ,veterans ,affairs disciplinary process outcomes and effectiveness4,subtitle ,d--,other personnel and accountability matters,sec4 #aca4 ,written opinion on certain employment restrictions after terminating employment with the ,department of ,veterans ,affairs4,sec4 #acb4 ,requirement for contractors of the ,department employing certain recently separated ,department employees4,sec4 #acc4 ,department of ,veterans ,affairs program of internal audits4,,title ,,ii--,health care matters,sec4 #bjj4 ,short title4,subtitle ,a--,expansion and improvement of health care benefits,sec4 #bja4 ,improved access to appropriate immunizations for veterans4,sec4 #bjb4 ,expansion of provision of chiropractic care and services to veterans4,sec4 #bjc4 ,priority of medal of honor recipients in health care system of ,department of ,veterans ,affairs4,subtitle ,b--,mental health care,sec4 #baa4 ,veterans ,expedited ,recovery ,commission4,sec4 #bab4 ,mental health treatment for veterans who served in classified missions4,sec4 #bac4 ,inclusion of mental health professionals in education and training program for health personnel of the ,department of ,veterans ,affairs4,sec4 #bad4 ,expansion of qualifications for licensed mental health counselors of the ,department of ,veterans ,affairs to include doctoral degrees4,subtitle ,c--,improvement of medical workforce,sec4 #bba4 ,modification of hours of employment for physicians and physician assistants employed by the ,department of ,veterans ,affairs4,sec4 #bbb4 ,requirement that physician assistants employed by the ,department of ,veterans ,affairs receive competitive pay4,sec4 #bbc4 ,extension of period for increase in graduate medical education residency positions at medical facilities of the ,department of ,veterans ,affairs4,sec4 #bbd4 ,additional requirements for hiring of health care providers by ,department of ,veterans ,affairs4,sec4 #bbe4 ,provision of information on health care providers of ,department of ,veterans ,affairs to ,state medical boards4,sec4 #bbf4 ,report on medical workforce of the ,department of ,veterans ,affairs4,sec4 #bbg4 ,report on compliance by ,department of ,veterans ,affairs with reviews of health care providers leaving the ,department or transferring to other facilities4,subtitle ,d--,family caregivers,sec4 #bca4 ,expansion of family caregiver program of ,department of ,veterans ,affairs4,sec4 #bcb4 ,implementation of information technology system of ,department of ,veterans ,affairs to assess and improve the family caregiver program4,sec4 #bcc4 ,modifications to annual evaluation report on caregiver program of ,department of ,veterans ,affairs4,sec4 #bcd4 ,advisory committee on caregiver policy4,sec4 #bce4 ,comprehensive study on seriously injured veterans and their caregivers4,subtitle ,e--,health care administration,sec4 #bda4 ,requirement that ,department of ,veterans ,affairs collect health-plan contract information from veterans4,sec4 #bdb4 ,expansion of availability of prosthetic and orthotic care for veterans4,sec4 #bdc4 ,revival of ,intermediate ,care ,technician ,pilot ,program of ,department of ,veterans ,affairs4,sec4 #bdd4 ,transfer of health care provider credentialing data from ,secretary of ,defense to ,secretary of ,veterans ,affairs4,sec4 #bde4 ,authority to place certain veterans in non-,department of ,veterans ,affairs medical foster homes upon request4,sec4 #bdf4 ,examination and treatment by ,department of ,veterans ,affairs for emergency medical conditions and women in labor4,sec4 #bdg4 ,comptroller ,general audit of budget of ,veterans ,health ,administration4,sec4 #bdh4 ,annual report on ,veterans ,health ,administration and furnishing of hospital care1 medical services1 and nursing home care4,subtitle ,f--,opioid therapy and pain management,sec4 #bea4 ,guidelines on management of opioid therapy by ,department of ,veterans ,affairs and ,department of ,defense and implementation of such guidelines by ,department of ,veterans ,affairs4,sec4 #beb4 ,improvement of opioid safety measures by ,department of ,veterans ,affairs4,sec4 #bec4 ,enhancement of joint working group on pain management of the ,department of ,veterans ,affairs and the ,department of ,defense4,sec4 #bed4 ,review1 investigation1 and report on use of opioids in treatment by ,department of ,veterans ,affairs4,sec4 #bee4 ,elimination of copayment requirement for veterans receiving opioid antagonists or education on use of opioid antagonists4,subtitle ,g--,patient advocacy and outreach,sec4 #bfa4 ,establishment of ,office of ,patient ,advocacy of the ,department of ,veterans ,affairs4,sec4 #bfb4 ,community meetings on improving care from ,department of ,veterans ,affairs4,sec4 #bfc4 ,outreach to veterans regarding effect of certain delayed payments by ,chief ,business ,office of ,department of ,veterans ,affairs4,sec4 #bfd4 ,improvement of awareness of patient advocacy program and patient bill of rights of ,department of ,veterans ,affairs4,sec4 #bfe4 ,comptroller ,general ,report on ,patient ,advocacy ,program of ,department of ,veterans ,affairs4,subtitle ,h--,administration of non-,department health care,sec4 #bga4 ,payment of non-,department of ,veterans ,affairs health care providers4,sec4 #bgb4 ,authorization of agreements between the ,department of ,veterans ,affairs and non-,department providers4,sec4 #bgc4 ,elimination of requirement to act as secondary payer for care relating to non-service-connected disabilities under ,choice ,program4,sec4 #bgd4 ,requirement for advance appropriations for the ,medical ,community ,care account of the ,department of ,veterans ,affairs4,sec4 #bge4 ,annual transfer of amounts within ,department of ,veterans ,affairs to pay for health care from non-,department health care providers4,sec4 #bgf4 ,authorization of use of certain amounts appropriated to the ,veterans ,choice ,fund for other non-,department of ,veterans ,affairs care4,sec4 #bgg4 ,applicability of ,directive of ,office of ,federal ,contract ,compliance ,programs4,subtitle ,i--,research on toxic exposure,sec4 #bha4 ,definitions4,sec4 #bhb4 ,national ,academy of ,medicine assessment on research relating to the descendants of individuals with toxic exposure4,sec4 #bhc4 ,advisory board on research relating to health conditions of descendants of veterans with toxic exposure while serving in the ,armed ,forces4,sec4 #bhd4 ,research relating to health conditions of descendants of veterans with toxic exposure while serving in the ,armed ,forces4,subtitle ,j--,other health care matters,sec4 #bia4 ,authorization of certain major medical facility projects of the ,department of ,veterans ,affairs4,sec4 #bib4 ,identification and tracking of biological implants used in ,department of ,veterans ,affairs medical facilities4,sec4 #bic4 ,procurement of biological implants used in ,department of ,veterans ,affairs medical facilities4,sec4 #bid4 ,expansion of research and education on and delivery of complementary and integrative health to veterans4,sec4 #bie4 ,pilot program on integration of complementary and integrative health within ,department of ,veterans ,affairs medical centers4,sec4 #bif4 ,report on public access to research by ,department of ,veterans ,affairs4,,title ,,iii--,disability compensation and pension,sec4 #cja4 ,expedited payment of survivor's benefits4,sec4 #cjb4 ,increase in special pension for ,medal of ,honor recipients4,sec4 #cjc4 ,board of ,veterans' ,appeals video hearings4,sec4 #cjd4 ,improvements to authority for performance of medical disabilities examinations by contract physicians4,sec4 #cje4 ,department of ,veterans ,affairs pilot program on fully developed appeals4,sec4 #cjf4 ,requirement that ,secretary of ,veterans ,affairs publish the average time required to adjudicate timely and untimely appeals4,sec4 #cjg4 ,comptroller ,general review of claims processing performance of regional offices of ,veterans ,benefits ,administration4,sec4 #cjh4 ,report on participation of veterans service organizations in ,transition ,assistance ,program4,sec4 #cji4 ,inclusion in annual budget submission of information on capacity of ,veterans ,benefits ,administration to process benefits claims4,sec4 #caj4 ,report on staffing levels at regional offices of ,department of ,veterans ,affairs after transition to ,national ,work ,queue4,sec4 #caa4 ,annual report on progress in implementing ,veterans ,benefits ,management ,system4,sec4 #cab4 ,report on plans of ,secretary of ,veterans ,affairs to reduce inventory of non-rating workload4,sec4 #cac4 ,sense of ,congress on increased transparency relating to claims for benefits and appeals of decisions relating to benefits in ,monday ,morning ,workload ,report4,sec4 #cad4 ,sense of ,congress regarding ,american veterans disabled for life4,sec4 #cae4 ,sense of ,congress on submittal of information relating to claims for disabilities incurred or aggravated by military sexual trauma4,,title ,,iv--,education,subtitle ,a--,educational assistance and vocational rehabilitation,sec4 #dja4 ,clarification of eligibility for ,marine ,gunnery ,sergeant ,john ,david ,fry ,scholarship4,sec4 #djb4 ,restoration of entitlement to ,post-#i_/aa ,educational ,assistance for veterans affected by closures of educational institutions4,sec4 #djc4 ,consideration of eligibility for ,post-#i_/aa ,educational ,assistance for certain time on active duty in reserve components of ,armed ,forces4,sec4 #djd4 ,approval of courses of education and training for purposes of the vocational rehabilitation program of the ,department of ,veterans ,affairs4,sec4 #dje4 ,authority to prioritize vocational rehabilitation services based on need4,sec4 #djf4 ,codification and improvement of election process for ,post-#i_/aa ,educational ,assistance ,program4,sec4 #djg4 ,work-study allowance4,sec4 #djh4 ,retention of entitlement to educational assistance during certain additional periods of active duty4,sec4 #dji4 ,eligibility for ,post-#i_/aa ,educational ,assistance for certain members of reserve components of ,armed ,forces who lost entitlement to educational assistance under ,reserve ,educational ,assistance ,program4,sec4 #daj4 ,reports on progress of students receiving ,post-#i_/aa ,educational ,assistance4,subtitle ,b--,administration of educational assistance,sec4 #dba4 ,centralized reporting of veteran enrollment by certain groups1 districts1 and consortiums of educational institutions4,sec4 #dbb4 ,provision of information regarding veteran entitlement to educational assistance4,sec4 #dbc4 ,role of ,state approving agencies4,sec4 #dbd4 ,criteria used to approve courses4,sec4 #dbe4 ,modification of requirements for approval for purposes of educational assistance provided by ,department of ,veterans ,affairs of programs designed to prepare individuals for licensure or certification4,sec4 #dbf4 ,compliance surveys4,sec4 #dbg4 ,survey of individuals using their entitlement to educational assistance under the educational assistance programs administered by the ,secretary of ,veterans ,affairs4,sec4 #dbh4 ,technical amendment relating to in-,state tuition rate for individuals to whom entitlement is transferred under ,all-,volunteer ,force ,educational ,assistance ,program and ,post-#i_/aa ,educational ,assistance4,,title ,v--,employment and transition,sec4 #eja4 ,required coordination between ,directors for ,veterans' ,employment and ,training with ,state departments of labor and veterans affairs4,sec4 #ejb4 ,longitudinal study of job counseling1 training1 and placement service for veterans4,,title ,,vi--,homeless veterans,subtitle ,a--,homeless matters generally,sec4 #fja4 ,expansion of definition of homeless veteran for purposes of benefits under the laws administered by the ,secretary of ,veterans ,affairs4,sec4 #fjb4 ,increased per diem payments for transitional housing assistance that becomes permanent housing for homeless veterans4,sec4 #fjc4 ,clarification of eligibility for services under homeless veterans reintegration programs4,sec4 #fjd4 ,program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless4,sec4 #fje4 ,pilot program on provision of intensive case management interventions to homeless veterans who receive the most health care from the ,department of ,veterans ,affairs4,sec4 #fjf4 ,establishment of ,national ,center on ,homelessness ,among ,veterans4,sec4 #fjg4 ,administrative improvements to grant and per diem programs of ,department of ,veterans ,affairs4,sec4 #fjh4 ,partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness4,sec4 #fji4 ,comptroller ,general of the ,united ,states study on homeless veterans programs of ,department of ,veterans ,affairs4,sec4 #faj4 ,requirement for ,department of ,veterans ,affairs to assess comprehensive service programs for homeless veterans4,sec4 #faa4 ,report on outreach relating to increasing the amount of housing available to veterans4,subtitle ,b--,eligibility of homeless veterans for benefits,sec4 #fba4 ,waiver of minimum period of continuous active duty in ,armed ,forces for certain benefits for homeless veterans4,sec4 #fbb4 ,authorization to furnish certain benefits to homeless veterans with discharges or releases under other than honorable conditions4,sec4 #fbc4 ,modification of definition of veteran for purposes of providing certain benefits to homeless veterans4,sec4 #fbd4 ,training of personnel of the ,department of ,veterans ,affairs and grant recipients4,sec4 #fbe4 ,authorization of per diem payments for furnishing care to dependents of certain homeless veterans4,sec4 #fbf4 ,regulations4,sec4 #fbg4 ,effective date4,,title ,,vii--,united ,states ,court of ,appeals for ,veterans ,claims,sec4 #gja4 ,extension of temporary increase in number of judges on ,united ,states ,court of ,appeals for ,veterans ,claims4,sec4 #gjb4 ,life insurance program relating to judges of ,united ,states ,court of ,appeals for ,veterans ,claims4,sec4 #gjc4 ,voluntary contributions to enlarge survivors' annuity4,sec4 #gjd4 ,selection of chief judge of ,united ,states ,court of ,appeals for ,veterans ,claims4,,title ,,viii--,burial benefits,sec4 #hja4 ,expansion of eligibility for medallions4,sec4 #hjb4 ,inurnment of cremated remains in ,arlington ,national ,cemetery of certain persons whose service is deemed to be active service4,sec4 #hjc4 ,report on capacity of ,arlington ,national ,cemetery4,sec4 #hjd4 ,department of ,veterans ,affairs study on matters relating to burial of unclaimed remains of veterans in national cemeteries4,,title ,,ix--,other matters,sec4 #ija4 ,authority to enter into certain leases at the ,department of ,veterans ,affairs ,west ,los ,angeles ,campus4,sec4 #ijb4 ,restoration of prior reporting fee multipliers4,sec4 #ijc4 ,repeal inapplicability of modification of basic allowance for housing to benefits under laws administered by ,secretary of ,veterans ,affairs4,sec4 #ijd4 ,observance of ,veterans ,day4,sec4 #ije4 ,honoring as veterans certain persons who performed service in the reserve components of the ,armed ,forces4,sec4 #ijf4 ,extension of requirement for collection of fees for housing loans guaranteed by ,secretary of ,veterans ,affairs4 ,i ,personnel and accountability matters ,a ,office of ,accountability and ,whistleblower ,protection #aja4 ,office of ,accountability and ,whistleblower ,protection 7a7 ,in general ,chapter #c of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cbc4 ,office of ,accountability and ,whistleblower ,protection 7a7 ,establishment ,there is established in the ,department an office to be known as the ,office of ,accountability and ,whistleblower ,protection 7in this section referred to as the ,office74 7b7 ,head of ,office 7#a7 ,the head of the ,office shall be responsible for the functions of the ,office and shall be appointed by the ,president pursuant to section #cjh7;a7 of this title4 7#b7 ,the head of the ,office shall be known as the ,assistant ,secretary for ,accountability and ,whistleblower ,protection4 7#c7 ,the ,assistant ,secretary shall report directly to the ,secretary on all matters relating to the ,office4 7#d7 ,notwithstanding section #cjh7;b7 of this title1 the ,secretary may only assign to the ,assistant ,secretary responsibilities relating to the functions of the ,office set forth in subsection 7c74 7c7 ,functions 7#a7 ,the functions of the ,office are as follows3 7,a7 ,advising the ,secretary on all matters of the ,department relating to accountability1 including accountability of employees of the ,department1 retaliation against whistleblowers1 and such matters as the ,secretary considers similar and affect public trust in the ,department4 7,b7 ,issuing reports and providing recommendations related to the duties described in subparagraph 7,a74 7,c7 ,receiving whistleblower disclosures4 7,d7 ,referring whistleblower disclosures received under subparagraph 7,c7 for investigation to the ,office of the ,medical ,inspector1 the ,office of ,inspector ,general1 or other investigative entity1 as appropriate1 if the ,assistant ,secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law1 mismanagement1 gross waste of funds1 abuse of authority1 or a substantial and specific danger to public health and safety4 7,e7 ,receiving and referring disclosures from the ,special ,counsel for investigation to the ,medical ,inspector of the ,department1 the ,inspector ,general of the ,department1 or such other person with investigatory authority1 as the ,assistant ,secretary considers appropriate4 7,f7 ,recording1 tracking1 reviewing1 and confirming implementation of recommendations from audits and investigations carried out by the ,inspector ,general of the ,department1 the ,medical ,inspector of the ,department1 the ,special ,counsel1 and the ,comptroller ,general of the ,united ,states1 including the imposition of disciplinary actions and other corrective actions contained in such recommendations4 7,g7 ,analyzing data from the ,office and the ,office of ,inspector ,general telephone hotlines1 other whistleblower disclosures1 disaggregated by facility and area of health care if appropriate1 and relevant audits and investigations to identify trends and issue reports to the ,secretary based on analysis conducted under this subparagraph4 7,h7 ,receiving1 reviewing1 and investigating allegations of misconduct1 retaliation1 or poor performance involving-- 7i7 an individual in a senior executive position 7as defined in section #gac7;d7 of this title7 in the ,department2 7ii7 an individual employed in a confidential1 policy-making1 policy-determining1 or policy-advocating position in the ,department2 or 7iii7 a supervisory employee1 if the allegation involves retaliation against an employee for making a whistleblower disclosure4 7,i7 ,making such recommendations to the ,secretary for disciplinary action as the ,assistant ,secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph 7,f7 or 7,h74 7#b7 ,in carrying out the functions of the ,office1 the ,assistant ,secretary shall ensure that the ,office maintains a toll-free telephone number and ,internet website to receive anonymous whistleblower disclosures4 7#c7 ,in any case in which the ,assistant ,secretary receives a whistleblower disclosure from an employee of the ,department under paragraph 7#a77;,c71 the ,assistant ,secretary may not disclose the identity of the employee without the consent of the employee1 except in accordance with the provisions of section #eeb;a of title #e1 or as required by any other applicable provision of ,federal law4 7d7 ,staff and resources ,the ,secretary shall ensure that the ,assistant ,secretary has such staff1 resources1 and access to information as may be necessary to carry out the functions of the ,office4 7e7 ,relation to ,office of ,general ,counsel ,the ,office shall not be established as an element of the ,office of the ,general ,counsel and the ,assistant ,secretary may not report to the ,general ,counsel4 7f7 ,reports 7#a7 7,a7 ,not later than ,june #cj of each calendar year1 beginning with ,june #cj1 #bjag1 the ,assistant ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the activities of the ,office during the calendar year in which the report is submitted4 7,b7 ,each report submitted under subparagraph 7,a7 shall include1 for the period covered by the report1 the following3 7i7 ,a full and substantive analysis of the activities of the ,office1 including such statistical information as the ,assistant ,secretary considers appropriate4 7ii7 ,identification of any issues reported to the ,secretary under subsection 7c77#a77;,g71 including such data as the ,assistant ,secretary considers relevant to such issues and any trends the ,assistant ,secretary may have identified with respect to such issues4 7iii7 ,identification of such concerns as the ,assistant ,secretary may have regarding the size1 staffing1 and resources of the ,office and such recommendations as the ,assistant ,secretary may have for legislative or administrative action to address such concerns4 7iv7 ,such recommendations as the ,assistant ,secretary may have for legislative or administrative action to improve-- 7,i7 the process by which concerns are reported to the ,office2 and 7,,ii7 the protection of whistleblowers within the ,department4 7v7 ,such other matters as the ,assistant ,secretary considers appropriate regarding the functions of the ,office or other matters relating to the ,office4 7#b7 ,if the ,secretary receives a recommendation for disciplinary action under subsection 7c77#a77;,i7 and does not take or initiate the recommended disciplinary action before the date that is #fj days after the date on which the ,secretary received the recommendation1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a detailed justification for not taking or initiating such disciplinary action4 7g7 ,definitions ,in this section3 7#a7 ,the term supervisory employee means an employee of the ,department who is a supervisor as defined in section #gajc7;a7 of title #e4 7#b7 ,the term whistleblower means one who makes a whistleblower disclosure4 7#c7 ,the term whistleblower disclosure means any disclosure of information by an employee of the ,department or individual applying to become an employee of the ,department which the employee or individual reasonably believes evidences-- 7,a7 a violation of a provision of law2 or 7,b7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 4 7b7 ,conforming amendment ,section #cjh7;b7 of such title is amended by adding at the end the following new paragraph3 7#ab7 ,the functions set forth in section #cbc7;c7 of this title4 4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #c of such title is amended by adding at the end the following new item3 #cbc4 ,office of ,accountability and ,whistleblower ,protection4 4 #ajb4 ,protection of whistleblowers in ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new sections3 #gbj4 ,protection of whistleblowers as criteria in evaluation of supervisors 7a7 ,development and use of criteria required ,the ,secretary1 in consultation with the ,assistant ,secretary of ,accountability and ,whistleblower ,protection1 shall develop criteria that-- 7#a7 the ,secretary shall use as a critical element in any evaluation of the performance of a supervisory employee2 and 7#b7 promotes the protection of whistleblowers4 7b7 ,principles for protection of whistleblowers ,the criteria required by subsection 7a7 shall include principles for the protection of whistleblowers1 such as the degree to which supervisory employees respond constructively when employees of the ,department report concerns1 take responsible action to resolve such concerns1 and foster an environment in which employees of the ,department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities4 7c7 ,supervisory employee and whistleblower defined ,in this section1 the terms supervisory employee and whistleblower have the meanings given such terms in section #cbc of this title4 #gba4 ,training regarding whistleblower disclosures 7a7 ,training ,not less frequently than once every two years1 the ,secretary1 in coordination with the ,whistleblower ,protection ,ombudsman designated under section #c7;d77#a77;,c7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 shall provide to each employee of the ,department training regarding whistleblower disclosures1 including-- 7#a7 an explanation of each method established by law in which an employee may file a whistleblower disclosure2 7#b7 the right of the employee to petition ,congress regarding a whistleblower disclosure in accordance with section #gbaa of title #e2 7#c7 an explanation that the employee may not be prosecuted or reprised against for disclosing information to ,congress1 the ,inspector ,general1 or another investigatory agency in instances where such disclosure is permitted by law1 including under sections #egja1 #egje1 and #ggcb of this title1 under section #eeb;a of title #e 7commonly referred to as the ,privacy ,act71 under chapter #ic of title #ah1 and pursuant to regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia72 7#d7 an explanation of the language that is required to be included in all nondisclosure policies1 forms1 and agreements pursuant to section #aae7;a77#a7 of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note72 and 7#e7 the right of contractors to be protected from reprisal for the disclosure of certain information under section #dgje or #dgab of title #da4 7b7 ,manner training is provided ,the ,secretary shall ensure1 to the maximum extent practicable1 that training provided under subsection 7a7 is provided in person4 7c7 ,certification ,not less frequently than once every two years1 the ,secretary shall provide training on merit system protection in a manner that the ,special ,counsel certifies as being satisfactory4 7d7 ,publication ,the ,secretary shall publish on the ,internet website of the ,department1 and display prominently at each facility of the ,department1 the rights of an employee to make a whistleblower disclosure1 including the information described in paragraphs 7#a7 through 7#e7 of subsection 7a74 7e7 ,whistleblower disclosure defined ,in this section1 the term whistleblower disclosure has the meaning given such term in section #cbc of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter1 is amended by adding at the end the following new items3 #gbj4 ,protection of whistleblowers as criteria in evaluation of supervisors4#gba4 ,training regarding whistleblower disclosures4 4 #ajc4 ,treatment of congressional testimony by ,department of ,veterans ,affairs employees as official duty 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 as amended by section #ajb1 is further amended by adding at the end the following new section3 #gbb4 ,congressional testimony by employees3 treatment as official duty 7a7 ,congressional testimony ,an employee of the ,department is performing official duty during the period with respect to which the employee is testifying in an official capacity in front of either chamber of ,congress1 a committee of either chamber of ,congress1 or a joint or select committee of ,congress4 7b7 ,travel expenses ,the ,secretary shall provide travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 to any employee of the ,department of ,veterans ,affairs performing official duty described under subsection 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter1 as amended by section #ajb1 is further amended by inserting after the item relating to section #gba the following new item3 ,sec4 #gbb4 ,congressional testimony by employees3 treatment as official duty4 4 #ajd4 ,report on methods used to investigate employees of ,department of ,veterans ,affairs 7a7 ,report required ,not later than #edj days after the date of the enactment of this ,act1 the ,assistant ,secretary for ,accountability and ,whistleblower ,protection shall submit to the ,secretary1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on methods used to investigate employees of the ,department of ,veterans ,affairs and whether such methods are used to retaliate against whistleblowers4 7b7 ,contents ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the use of administrative investigation boards1 peer review1 searches of medical records1 and other methods for investigating employees of the ,department4 7#b7 ,a determination of whether and to what degree the methods described in paragraph 7#a7 are being used to retaliate against whistleblowers4 7#c7 ,recommendations for legislative or administrative action to implement safeguards to prevent the retaliation described in paragraph 7#b74 7c7 ,whistleblower defined ,in this section1 the term whistleblower has the meaning given such term in section #cbc of title #ch1 ,united ,states ,code1 as added by section #aja4 ,b ,supervisors and senior executives #aaa4 ,treatment of ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks 7a7 ,establishment of ,,visn ,directors in ,office of ,under ,secretary for ,health ,subsection 7a77#d7 of section #gcjf of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,such ,medical ,directors and inserting ,such ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks2 and 7#b7 by striking 1 who shall be either a qualified doctor of medicine or a qualified doctor of dental surgery or dental medicine4 7b7 ,qualifications ,such section is amended by adding at the end the following new subsection3 7g7 ,notwithstanding any provision of law that requires the ,office of ,personnel ,management to determine qualifications or certify a candidate for appointment under this section1 ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks may be appointed under subsection 7a77#d7 in accordance with qualifications established by the ,secretary for purposes of this section4 4 7c7 ,ability to transfer 7#a7 ,in general ,subject to such regulations as the ,director of the ,office of ,personnel ,management may prescribe1 the ,secretary of ,veterans ,affairs and the ,director shall enter into an agreement that permits employees appointed under section #gcjf7;a77#d7 of title #ch1 ,united ,states ,code1 as amended by subsection 7a71 to transfer to ,senior ,executive ,service positions in other ,federal agencies and to be deemed career appointees who are not subject to competition or certification by a qualifications review board under section #ccic of title #e1 ,united ,states ,code4 7#b7 ,definitions ,in this subsection1 the terms ,senior ,executive ,service position and career appointee have the meanings given those terms in section #cacb7;a7 of title #e1 ,united ,states ,code4 #aab4 ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks 7a7 ,in general ,chapter #gd of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subchapter3 ,,vii ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks #gdha4 ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks 7a7 ,elements of pay ,pay for a ,medical ,center ,director or ,director of a ,veterans ,integrated ,service ,network appointed under section #gcjf7;a77#d7 of this title 7in this section referred to as a ,director7 shall consist of basic pay set forth under section #gdjd7;a7 of this title and market pay determined under subsection 7b74 7b7 ,market pay 7#a7 ,each ,director is eligible for market pay determined under this subsection4 7#b7 ,the amount of market pay payable to a ,director under this section shall be determined by the ,secretary on a case-by-case basis and shall consist of pay intended to reflect needs of the ,department with respect to the recruitment and retention 7as determined by the ,secretary7 of such ,director4 7#c7 ,in determining the amount of market pay payable to a ,director under this section1 the ,secretary shall-- 7,a7 consult not fewer than two national surveys on pay for hospital directors1 medical facility directors1 or other similar positions1 whether prepared by private1 public1 or quasi-public entities1 to make a general assessment of the range of potential pay for the ,director2 and 7,b7 take into account-- 7i7 the experience of the ,director in managing facilities or program offices of the ,department1 including the complexity of such facilities or offices2 7ii7 the complexity of the facility or facilities to be managed by the ,director2 7iii7 the labor market1 in such geographic area as the ,secretary considers relevant1 for hospital directors1 medical facility directors1 and other similar positions2 7iv7 the experience of the ,director in managing medical facilities for other ,federal agencies1 private entities1 or non-profit entities2 and 7v7 such other considerations as the ,secretary considers appropriate4 7#d7 7,a7 ,the ,secretary shall evaluate the amount of market pay payable to a ,director under this section not less frequently than once every two years and may adjust the market pay payable to such ,director as a result of such evaluation4 7,b7 ,a ,director whose market pay is evaluated under subparagraph 7,a7 shall receive written notice of the results of such evaluation4 7c7 ,requirements and limitations on total pay 7#a7 ,not less frequently than once every two years1 the ,secretary shall set forth a departmentwide minimum and maximum amount for total annual pay under subsection 7a7 that may be paid to a ,director and shall publish each such amount in the ,federal ,register4 7#b7 ,the minimum and maximum amounts set forth under paragraph 7#a7 shall take effect not earlier than the date that is #fj days after the publication of such amounts under such paragraph4 7#c7 ,the sum of the basic pay set forth under section #gdjd7;a7 of this title and market pay determined under subsection 7b7 for a ,director for a calendar year-- 7,a7 may not be less than the most recent minimum amount set forth under paragraph 7#a7 before the beginning of such calendar year2 and 7,b7 may not be more than the most recent maximum amount set forth under such paragraph before the beginning of such calendar year4 7#d7 ,the total amount of compensation paid to a ,director under this title in any calendar year may not exceed the amount of annual compensation 7excluding expenses7 of the ,president under section #ajb of title #c4 7#e7 ,the ,secretary may not delegate to an officer or employee of the ,department the requirement of the ,secretary to set forth a departmentwide minimum and maximum amount under paragraph 7#a74 7d7 ,treatment of pay ,pay under this section shall be considered pay for all purposes1 including retirement benefits under chapters #hc and #hd of title #e and other benefits4 7e7 ,ancillary effects of decreases in pay 7#a7 ,a decrease in pay of a ,director resulting from an adjustment in the amount of market pay of the ,director under subsection 7b7 shall not be treated as an adverse action4 7#b7 ,a decrease in the amount of pay of a ,director resulting from an involuntary reassignment in connection with a disciplinary action taken against the ,director is not subject to appeal or judicial review4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gd of such title is amended by adding at the end the following3 ,subchapter ,,vii4 ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks#gdha4 ,pay for ,medical ,center ,directors and ,directors of ,veterans ,integrated ,service ,networks4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #aac4 ,improved authorities of ,secretary of ,veterans ,affairs to improve accountability of senior executives 7a7 ,accountability of senior executives 7#a7 ,in general ,section #gac of title #ch1 ,united ,states ,code1 is amended to read as follows3 #gac4 ,accountability of senior executives 7a7 ,authority 7#a7 ,the ,secretary may1 as provided in this section1 reprimand or suspend1 involuntarily reassign1 demote1 or remove a covered individual from a senior executive position at the ,department if the ,secretary determines that the misconduct or performance of the covered individual warrants such action4 7#b7 ,if the ,secretary so removes such an individual1 the ,secretary may remove the individual from the civil service 7as defined in section #baja of title #e74 7b7 ,rights and procedures 7#a7 ,a covered individual who is the subject of an action under subsection 7a7 is entitled to-- 7,a7 be represented by an attorney or other representative of the covered individual's choice2 7,b7 not fewer than #aj business days advance written notice of the charges and evidence supporting the action and an opportunity to respond1 in a manner prescribed by the ,secretary1 before a decision is made regarding the action2 and 7,c7 grieve the action in accordance with an internal grievance process that the ,secretary1 in consultation with the ,assistant ,secretary for ,accountability and ,whistleblower ,protection1 shall establish for purposes of this subsection4 7#b7 7,a7 ,the ,secretary shall ensure that the grievance process established under paragraph 7#a77;,c7 takes fewer than #ba days4 7,b7 ,the ,secretary shall ensure that1 under the process established pursuant to paragraph 7#a77;,c71 grievances are reviewed only by employees of the ,department4 7#c7 ,a decision or grievance decision under paragraph 7#a77;,c7 shall be final and conclusive4 7#d7 ,a covered individual adversely affected by a final decision under paragraph 7#a77;,c7 may obtain judicial review of the decision4 7#e7 ,in any case in which judicial review is sought under paragraph 7#d71 the court shall review the record and may set aside any ,department action found to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with a provision of law2 7,b7 obtained without procedures required by a provision of law having been followed2 or 7,c7 unsupported by substantial evidence4 7c7 ,relation to other provisions of law 7#a7 ,the authority provided by subsection 7a7 is in addition to the authority provided by section #ceib or subchapter ,v of chapter #ge of title #e4 7#b7 ,section #ceib7;b77#a7 of title #e and the procedures under section #gedc7;b7 of such title do not apply to an action under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,the term covered individual means-- 7,a7 a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e72 or 7,b7 any individual who occupies an administrative or executive position and who was appointed under section #gcjf7;a7 or section #gdja7a7 of this title4 7#b7 ,the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 7#c7 ,the term senior executive position means-- 7,a7 with respect to a career appointee 7as that term is defined in section #cacb7;a7 of title #e71 a ,senior ,executive ,service position 7as such term is defined in such section72 and 7,b7 with respect to a covered individual appointed under section #gcjf7;a7 or section #gdja7a7 of this title1 an administrative or executive position4 4 7#b7 ,conforming amendment ,section #gdfa7;c77#a7 of such title is amended by inserting employees in senior executive positions 7as defined in section #gac7;d7 of this title7 and before interns4 7b7 ,performance management 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall establish a performance management system for employees in senior executive positions1 as defined in section #gac7;d7 of title #ch1 ,united ,states ,code1 as amended by subsection 7a71 that ensures performance ratings and awards given to such employees-- 7,a7 meaningfully differentiate extraordinary from satisfactory contributions2 and 7,b7 substantively reflect organizational achievements over which the employee has responsibility and control4 7#b7 ,regulations ,the ,secretary shall prescribe regulations to carry out paragraph 7#a74 #aad4 ,reduction of benefits for members of the ,senior ,executive ,service within the ,department of ,veterans ,affairs convicted of certain crimes 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 as amended by subtitle ,a1 is further amended by inserting after section #gac the following new section3 #gad4 ,senior executives3 reduction of benefits of individuals convicted of certain crimes 7a7 ,reduction of annuity for removed individual ,the covered service of an individual removed from a senior executive position at the ,department by the ,secretary for performance or misconduct shall not be considered creditable service under section #hccb or section #hdaa of title #e for purposes of calculating an annuity with respect to such individual under chapter #hc or chapter #hd of such title if the individual is convicted of a felony 7and the conviction is final7 that was related1 as determined by the ,director of the ,office of ,personnel ,management1 to the individual's performance while employed in such senior executive position4 7b7 ,reduction of annuity for retired individual 7#a7 ,the ,secretary may order that the covered service of an individual who is subject to a removal or transfer from a senior executive position at the ,department by the ,secretary for performance or misconduct but who leaves employment at the ,department prior to the issuance of a final decision with respect to such removal or transfer shall not be considered creditable service under section #hccb or section #hdaa of title #e for purposes of calculating an annuity with respect to such individual under chapter #hc or chapter #hd of such title if the individual is convicted of a felony 7and the conviction is final7 that was related1 as determined by the ,director of the ,office of ,personnel ,management1 to the individual's performance while employed in such senior executive position4 7#b7 ,the ,secretary shall make such an order not later than seven days after the date on which such individual is convicted of such felony4 7#c7 ,not later than #cj days after the ,secretary issues any order with respect to an individual under paragraph 7#a71 the ,director of the ,office of ,personnel ,management shall recalculate the annuity of the individual4 7c7 ,lump-sum annuity credit ,any individual with respect to whom an annuity is reduced under subsection 7a7 or 7b7 shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to the period of covered service4 7d7 ,review of reduction of annuity ,any individual with respect to whom an annuity is reduced under subsection 7a7 or 7b7 may appeal the reduction to the ,director of the ,office of ,personnel ,management pursuant to such regulations as the ,director may prescribe for purposes of this section4 7e7 ,definitions ,in this section3 7#a7 ,the term covered service means1 with respect to an individual subject to a removal or transfer from a senior executive position at the ,department for performance or misconduct1 the period of service beginning on the date that the ,secretary determines under such section that such individual engaged in activity that gave rise to such action and ending on the date that such individual is removed from the civil service or leaves employment at the ,department prior to the issuance of a final decision with respect to such action1 as the case may be4 7#b7 ,the term lump-sum credit has the meaning given such term in section #hcca or #hdja of title #e1 as the case may be4 7#c7 ,the term senior executive position has the meaning given such term in section #gac7;d7 of this title4 7#d7 ,the term service has the meaning given such term in section #hcca or #hdja of title #e1 as the case may be4 4 7b7 ,application ,section #gad of such title1 as added by subsection 7a71 shall apply to any action of removal or transfer from a senior executive position 7as defined in section #gac7;d7 of such title7 at the ,department of ,veterans ,affairs commencing on or after the date of the enactment of this title4 7c7 ,clerical amendment ,the table of sections at the beginning of such chapter1 as amended by subtitle ,a1 is further amended by inserting after the item relating to section #gac the following new item3 #gad4 ,senior executives3 reduction of benefits of individuals convicted of certain crimes4 4 #aae4 ,independent review and assessment of management training and appraisal at ,department of ,veterans ,affairs 7a7 ,review and assessment 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this title1 the ,secretary of ,veterans ,affairs shall enter into a contract with a nongovernmental entity to review and assess the following3 7,a7 ,the management training program for individuals employed in senior executive positions of the ,department of ,veterans ,affairs that is being provided as of the date of the enactment of this title4 7,b7 ,the performance appraisal system of the ,department in effect on the day before the date of the enactment of this title for individuals employed in senior executive positions4 7#b7 ,elements ,the review and assessment required by paragraph 7#a7 shall include the following3 7,a7 ,a comparison of the training provided by the ,department to the management training provided for senior executives of other ,federal departments and agencies and to the management training provided to senior executives in the private sector4 7,b7 ,recommendations for improving the program described in paragraph 7#a77;,a74 7,c7 ,recommendations for improving the system described in paragraph 7#a77;,b74 7,d7 ,an assessment of the ability of the ,department to attract and develop employees suitable for senior executive service positions of the ,department4 7,e7 ,an assessment of the leadership and management actions of the ,department resulting from ,department of ,veterans ,affairs ,performance and ,accountability ,reports submitted in the two most recent fiscal years ending before the date of the enactment of this title4 7,f7 ,a review of the strategy of the ,secretary called ,lean ,management4 7,g7 ,an assessment of the compliance of the ,department with provisions of law added or amended by the ,,gpra ,modernization ,act of #bjaj 7,public ,law #aaa-ceb7 and an explanation of the changes made to the ,department and the activities carried out by the ,secretary in response to the enactment of such ,act4 7,h7 ,an assessment of the results of the most recent ,annual ,employee ,survey carried out pursuant to part #bej of title #e1 ,code of ,federal ,regulations4 7,i7 ,an assessment of the efforts of the ,secretary to conduct data-driven reviews and develop a results-oriented culture pursuant to part #f of ,circular ,a-#aa of the ,office of ,management and ,budget4 7,j7 ,an assessment of the ,department of ,veterans ,affairs ,federal ,performance ,improvement ,officer role and oversight function4 7,k7 ,a survey of the morale of employees and their satisfaction with their work and work environment in each ,department of ,veterans ,affairs staff organization1 staff office1 and administration as described by ,directive #jbaa of the ,department and provided for in version #c4j;a of the ,functional ,organization ,manual of the ,department4 7#c7 ,report to ,secretary ,the contract required by paragraph 7#a7 shall provide that the nongovernmental entity must complete and submit to the ,secretary a report containing the findings and conclusions of the review by not later than #ahj days after the date on which the ,secretary and the nongovernmental entity enter into the contract4 7b7 ,report to ,congress ,not later than #fj days after the date on which the ,secretary receives the report under subsection 7a77#c71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives the report together with a plan for carrying out the recommendations contained in the report or1 as the case may be1 a detailed explanation and justification for the ,secretary's determination not to implement any of the recommendations contained in the report4 7c7 ,senior executive position defined ,in this section1 the term senior executive position has the meaning given that term in section #gac7;d7 of title #ch1 ,united ,states ,code4 #aaf4 ,accountability of leaders for managing the ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by inserting after section #gji the following new section3 #gaj4 ,annual performance plan for political appointees 7a7 ,in general ,the ,secretary shall conduct an annual performance plan for each political appointee of the ,department that is similar to the annual performance plan conducted for an employee of the ,department who is appointed as a career appointee in a ,senior ,executive ,service position at the ,department4 7b7 ,elements of plan ,each annual performance plan conducted under subsection 7a7 with respect to a political appointee of the ,department shall include1 to the extent applicable1 an assessment of whether the appointee is meeting the following goals3 7#a7 ,recruiting1 selecting1 and retaining well-qualified individuals for employment at the ,department4 7#b7 ,engaging and motivating employees4 7#c7 ,training and developing employees and preparing those employees for future leadership roles within the ,department4 7#d7 ,holding each employee of the ,department that is a supervisor accountable for addressing issues relating to performance1 in particular issues relating to the performance of employees that report to the supervisor4 7#e7 ,promoting a positive culture of service that-- 7,a7 reflects the mission of the ,department and the values of integrity1 commitment1 advocacy1 respect1 and excellence2 and 7,b7 emphasizes the greatest degree of performance and conduct4 7c7 ,definitions ,in this section3 7#a7 ,the terms career appointee and ,senior ,executive ,service position have the meanings given such terms in section #cacb7;a7 of title #e4 7#b7 ,the term supervisor has the meaning given such term in section #gajc7;a7 of such title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is further amended by inserting after the item relating to section #gji the following new item3 #gaj4 ,annual performance plan for political appointees4 4 #aag4 ,accountability of supervisors at ,department of ,veterans ,affairs for hiring well-qualified people 7a7 ,assessment during probationary period 7#a7 ,determination required ,with respect to any employee of the ,department of ,veterans ,affairs who is required to serve a probationary period in a position in the ,department1 the ,secretary of ,veterans ,affairs shall require the supervisor of such employee to determine1 during the #cj-;day period ending on the date on which the probationary period ends1 whether the employee-- 7,a7 has demonstrated successful performance2 and 7,b7 should continue past the probationary period4 7#b7 ,limitation on employment after probationary period 7,a7 ,in general ,except as provided in subparagraph 7,b71 no employee of the ,department serving a probationary period as described in paragraph 7#a7 may complete that probationary period unless and until the supervisor of the employee1 or another supervisor capable of making the requisite determination1 has made an affirmative determination under such paragraph4 7,b7 ,probationary period deemed completed 7i7 ,no determination ,if no determination under paragraph 7#a7 is made with respect to an employee before the end of the #fj-;day period following the end of the #cj-;day period specified in such paragraph1 the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that #fj-;day period4 7ii7 ,retroactive effect of determination ,if an affirmative determination under paragraph 7#a7 is made with respect to an employee after the end of the #cj-;day period specified in such paragraph1 the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that #cj-;day period4 7#c7 ,notification to ,congress regarding determinations ,not less frequently than monthly1 the ,secretary shall notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives regarding-- 7,a7 each instance during such month in which a supervisor did not make a determination required under paragraph 7#a7 during the period required in such paragraph2 and 7,b7 each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination4 7b7 ,supervisors ,with respect to any employee of the ,department who is serving a probationary period in a supervisory position at the ,department1 successful performance under subsection 7a7 shall include demonstrating management competencies in addition to the technical skills required for such position4 7c7 ,performance plan ,each annual performance plan conducted for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for-- 7#a7 providing regular feedback to such employee during such period before making a determination under subsection 7a7 regarding the probationary status of such employee2 and 7#b7 making a timely determination under subsection 7a7 regarding the probationary status of such employee4 7d7 ,supervisor defined ,in this section1 the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 #aah4 ,accountability of supervisors at ,department of ,veterans ,affairs for addressing performance of employees 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall ensure that1 as a part of the annual performance plan of a supervisor in the ,department1 the supervisor is evaluated on the following3 7#a7 ,taking action to address poor performance and misconduct among the employees that report to the supervisor4 7#b7 ,taking steps to improve or sustain high levels of employee engagement4 7#c7 ,promoting a positive culture of service that-- 7,a7 reflects the mission of the ,department and the values of integrity1 commitment1 advocacy1 respect1 and excellence2 and 7,b7 emphasizes the greatest degree of performance and conduct4 7b7 ,supervisor defined ,in this section1 the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 #aai4 ,improvement of training for supervisors 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall provide to each employee of the ,department of ,veterans ,affairs who is employed as a supervisor periodic training on the following3 7#a7 ,the rights of whistleblowers and how to address a report by an employee of a hostile work environment1 reprisal1 or harassment4 7#b7 ,how to effectively motivate1 manage1 and reward the employees who report to the supervisor4 7#c7 ,how to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the ,department and the ,office of the ,general ,counsel of the ,department with respect to those employees4 7b7 ,definitions ,in this section3 7#a7 ,supervisor ,the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 7#b7 ,whistleblower ,the term whistleblower has the meaning given such term in section #cbc7;g7 of title #ch1 ,united ,states ,code1 as added by section #aja4 #abj4 ,assessment and report on effect on senior executives at ,department of ,veterans ,affairs 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7#a7 measure and assess the effect of the enactment of this title on the morale1 engagement1 hiring1 promotion1 retention1 discipline1 and productivity of individuals in senior executive positions at the ,department of ,veterans ,affairs2 and 7#b7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the findings of the ,secretary with respect to the measurement and assessment carried out under paragraph 7#a74 7b7 ,elements ,the assessment required by subsection 7a77#a7 shall include the following3 7#a7 ,with respect to engagement1 trends in morale of individuals in senior executive positions and individuals aspiring to senior executive positions4 7#b7 ,with respect to promotions-- 7,a7 whether the ,department is experiencing an increase or decrease in the number of employees participating in leadership development and candidate development programs with the intention of becoming candidates for senior executive positions2 and 7,b7 trends in applications to senior executive positions within the ,department4 7#c7 ,with respect to retention-- 7,a7 trends in retirement rates of individuals in senior executive positions at the ,department2 7,b7 trends in quit rates of individuals in senior executive positions at the ,department2 7,c7 rates of transfer of-- 7i7 individuals from other ,federal agencies into senior executive positions at the ,department2 and 7ii7 individuals from senior executive positions at the ,department to other ,federal agencies2 and 7,d7 trends in total loss rates by job function4 7#d7 ,with respect to disciplinary processes-- 7,a7 regarding individuals in senior executive positions at the ,department who are the subject of disciplinary action-- 7i7 the length of the disciplinary process in days for such individuals both before the date of the enactment of this ,act and under the provisions of this ,act described in subsection 7a77#a72 and 7ii7 the extent to which appeals by such individuals are upheld under such provisions as compared to before the date of the enactment of this ,act2 7,b7 the components or offices of the ,department which experience the greatest number of proposed adverse actions against individuals in senior executive positions and components and offices which experience the least relative to the size of the components or offices' total number of senior executive positions2 7,c7 the tenure of individuals in senior executive positions who are the subject of disciplinary action2 7,d7 whether the individuals in senior executive positions who are the subject of disciplinary action have previously been disciplined2 and 7,e7 the number of instances of disciplinary action taken by the ,secretary against individuals in senior executive positions at the ,department as compared to governmentwide discipline against individuals in ,senior ,executive ,service positions 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code7 as a percentage of the total number of individuals in senior executive positions at the ,department and ,senior ,executive ,service positions 7as so defined74 7#e7 ,with respect to hiring-- 7,a7 the degree to which the skills of newly hired individuals in senior executive positions at the ,department are appropriate with respect to the needs of the ,department2 7,b7 the types of senior executive positions at the ,department most commonly filled under the authorities in the provisions described in subsection 7a77#a72 7,c7 the number of senior executive positions at the ,department filled by hires outside of the ,department compared to hires from within the ,department2 7,d7 the length of time to fill a senior executive position at the ,department and for a new hire to begin working in a new senior executive position2 7,e7 the mission-critical deficiencies filled by newly hired individuals in senior executive positions and the connection between mission-critical deficiencies filled under the provisions described in subsection 7a7 and annual performance of the ,department2 7,f7 the satisfaction of applicants for senior executive positions at the ,department with the hiring process1 including the clarity of job announcements1 reasons for withdrawal of applications1 communication regarding status of applications1 and timeliness of hiring decision2 and 7,g7 the satisfaction of newly hired individuals in senior executive positions at the ,department with the hiring process and the process of joining and becoming oriented with the ,department4 7c7 ,senior executive position defined ,in this section1 the term senior executive position has the meaning given such term in section #gac of title #ch1 ,united ,states ,code4 ,c ,employees #aba4 ,removal of employees of ,department of ,veterans ,affairs based on performance or misconduct 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 as amended by subtitles ,a and ,b1 is further amended by inserting after section #gad1 as added by section #aad1 the following new section3 #gae4 ,employees3 removal based on performance or misconduct 7a7 ,in general 7#a7 ,the ,secretary may remove a covered individual who is an employee of the ,department if the ,secretary determines that-- 7,a7 the performance or misconduct of the covered individual warrants such removal2 and 7,b7 in the case of removal for performance1 a portion of such performance occurred during the two-year period ending on the date of the determination4 7#b7 ,if the ,secretary removes a covered individual under paragraph 7#a71 the ,secretary may remove the covered individual from the civil service 7as defined in section #baja of title #e74 7#c7 ,nothing in this section may be construed to authorize a finalized performance appraisal of an employee to be retroactively amended4 7b7 ,notice to ,congress ,not later than #cj days after removing a covered individual under subsection 7a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives notice in writing of such removal and the reason for such removal4 7c7 ,procedure 7#a7 ,an employee removed under subsection 7a7 is entitled1 before removal1 to-- 7,a7 at least #aj business days written notice 7which1 in the case of removal for performance1 shall identify specific instances as described in clause 7i7 of section #dcjc7;b77#a77;,a7 of title #e and critical elements as described in clause 7ii7 of such section71 unless there is reasonable cause to believe that the employee committed a crime for which a sentence of imprisonment can be imposed-- 7i7 stating the specific reasons for the proposed action2 and 7ii7 including a file containing all evidence in support of the proposed action2 7,b7 #aj business days to answer the charges orally and in writing and to furnish affidavits and other documentary evidence in support of the answer2 7,c7 be represented by an attorney or other representative2 7,d7 a review of the case by the ,secretary before a decision adverse to the employee is made final2 7,e7 as soon as practicable1 a decision of the ,secretary with respect to the charges of the employee2 and 7,f7 a written statement of the decision of the ,secretary that-- 7i7 includes the specific reasons of the decision2 and 7ii7 in the case of a removal based on performance1 complies with section #dcjc7;b77#a77;,d7 of title #e4 7#b7 7,a7 ,subject to subparagraph 7,b7 and subsection 7e71 any final decision of the ,secretary regarding removal under subsection 7a7 may be appealed to the ,merit ,systems ,protection ,board4 7,b7 ,an appeal under subparagraph 7,a7 of a removal may only be made if such appeal is made not later than #aj business days after the date of such removal4 7,c7 7i7 ,subject to clause 7ii71 the decision of the ,secretary shall be sustained under subparagraph 7,a7 only if the ,secretary's decision-- 7,i7 in the case of an action based on performance1 is supported by substantial evidence2 or 7,,ii7 in any other case1 is supported by a preponderance of the evidence4 7ii7 ,notwithstanding clause 7i71 the ,secretary's decision may not be sustained under subparagraph 7,a7 if the covered individual-- 7,i7 shows harmful error in the application of the ,secretary's procedures in arriving at such decision2 7,,ii7 shows that the decision was based on any prohibited personnel practice described in section #bcjb7;b7 of title #e2 or 7,,iii7 shows that the decision was not in accordance with law4 7#c7 ,the procedures under section #geac7;b7 of title #e and chapter #dc of such title shall not apply to a removal under this section4 7d7 ,expedited review 7#a7 ,the ,merit ,systems ,protection ,board shall promulgate such rules as the ,board considers appropriate to expedite appeals under subsection 7c77#b74 7#b7 ,the ,board shall ensure that a final decision on an appeal described in paragraph 7#a7 is issued not later than #ij days after the appeal is made4 7#c7 ,during the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection 7c77#b7 and ending on the date that the ,board issues a final decision on such appeal1 such covered individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits4 7#d7 ,to the maximum extent practicable1 the ,secretary shall provide to the ,merit ,systems ,protection ,board such information and assistance as may be necessary to ensure an appeal under subsection 7c77#b7 is expedited4 7e7 ,relation to title #e ,the authority provided by this section is in addition to the authority provided by subchapter ,v of chapter #ge of title #e and chapter #dc of such title4 7f7 ,definitions ,in this section3 7#a7 ,the term covered individual means an individual occupying a position at the ,department but does not include-- 7,a7 an individual1 as that term is defined in section #gac7;d72 or 7,b7 a political appointee4 7#b7 ,the term misconduct includes a violation of paragraph 7#h7 or 7#i7 of section #bcjb7;b7 of title #e1 neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 7#c7 ,the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #e 7relating to the ,executive ,schedule72 7,b7 a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a7 of title #e2 or 7,c7 employed in a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations4 4 7b7 ,clerical and conforming amendments 7#a7 ,clerical ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gad1 as added by section #aad1 the following new item3 #gae4 ,employees3 removal based on performance or misconduct4 4 7#b7 ,conforming 7,a7 ,title #e ,section #dcjc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#b71 by striking or at the end2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting 1 or2 and 7iii7 by adding at the end the following3 7#d7 any removal under section #gae of title #ch4 4 7,b7 ,title #ch ,subchapter ,v of chapter #gd of title #ch1 ,united ,states ,code1 is amended-- 7i7 in section #gdfa7;b77#a71 by striking ,if the and inserting ,except as provided in section #gae of this title1 if the2 and 7ii7 in section #gdfb-- 7,i7 in subsection 7a77#a71 by striking ,disciplinary and inserting ,except as provided in section #gae of this title1 the ,disciplinary2 and 7,,ii7 in subsection 7b77#a71 by striking ,in any case and inserting ,except as provided in section #gae of this title1 in any case4 #abb4 ,prohibition on award of bonuses to employees of ,department of ,veterans ,affairs under consideration for adverse actions or subject of adverse findings 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by inserting after section #gae1 as added by section #aba1 the following new section3 #gaf4 ,prohibition on award of bonuses to employees under consideration for adverse actions or subject of adverse findings 7a7 ,under consideration for adverse action ,notwithstanding any other provision of law1 the ,secretary may not pay any bonus to any employee of the ,department1 including an employee in a senior executive position 7as defined in section #gac7;d7 of this title71 while the ,secretary is considering carrying out an adverse personnel action with respect to the employee under this title or title #e4 7b7 ,subject of adverse finding 7#a7 ,notwithstanding any other provision of law1 in a case in which the ,secretary makes an adverse finding relating to an employee of the ,department1 the ,secretary may not award a bonus to such employee until the earlier of-- 7,a7 such date as the ,secretary considers appropriate1 but not sooner than the date that is two years after the end of the fiscal year in which the adverse finding was made and not more than five years after the end of such fiscal year2 or 7,b7 the date that the finding is found to have been made in error4 7#b7 ,the ,secretary may base an adverse finding under paragraph 7#a7 on an investigation by1 determination of1 or information provided by the ,inspector ,general of the ,department or another senior ethics official of the ,department or the ,comptroller ,general of the ,united ,states in connection with the carrying out by such official of an activity1 authority1 or function under a provision of law other than this section4 7c7 ,previously awarded bonuses 7#a7 ,if the ,secretary makes an adverse finding relating to an employee under subsection 7b71 the ,secretary1 after notice and an opportunity for a hearing1 shall issue an order directing the employee to repay the amount of any bonus awarded to the employee during the year during which the adverse finding is made1 unless such finding is found to have been made in error4 7#b7 ,a hearing under paragraph 7#a7 shall be conducted in accordance with regulations relating to hearings promulgated by the ,secretary under chapter #ge of title #e4 7d7 ,condition of receipt ,as a condition of receiving a bonus awarded after the date of the enactment of this section1 an employee of the ,department shall sign a certification stating that the employee shall repay the bonus in accordance with a final order issued in accordance with subsection 7c74 7e7 ,appeal ,an employee determined to be ineligible for a bonus under subsection 7b7 or against whom an order is issued under subsection 7c7 may appeal to the ,merit ,systems ,protection ,board under section #ggja of title #e4 7f7 ,rulemaking ,the ,secretary may promulgate such rules as the ,secretary considers appropriate to carry out this section4 7g7 ,definitions ,in this section3 7#a7 ,the term adverse finding relating to an employee means a determination that the conduct of the employee-- 7,a7 violated a policy of the ,department for which the employee may be removed or suspended for a period of not less than #ad days2 or 7,b7 violated a law for which the employee may be imprisoned for more than #a year4 7#b7 ,the term adverse personnel action means any of the adverse actions described in section #gdfa7;c77#b7 of this title4 7#c7 ,the term bonus means any bonus or cash award1 including-- 7,a7 an award under chapter #de of title #e2 7,b7 an award under section #echd of such title2 and 7,c7 a retention bonus under section #eged of such title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is further amended by inserting after the item relating to section #gae1 as added by section #aba1 the following new item3 #gaf4 ,prohibition on award of bonuses to employees under consideration for adverse actions or subject of adverse findings4 4 #abc4 ,retention of records of reprimands and admonishments received by employees of the ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by inserting after section #gaf1 as added by section #abb1 the following new section3 #gag4 ,record of reprimands and admonishments 7a7 ,in general ,except as provided in subsection 7b71 if any employee of the ,department receives a reprimand or admonishment from the ,secretary1 the ,secretary shall retain a copy of such reprimand or admonishment in the permanent record of the employee for not less than three years after the date on which the employee received the reprimand or admonishment4 7b7 ,removal ,after the end of the three-year period specified in subsection 7a7 with respect to a reprimand or admonishment received by an employee1 the ,secretary shall remove the reprimand or admonishment1 as the case may be1 from the permanent record of the employee on the earlier of the following3 7#a7 ,the date on which the ,secretary determines that the reprimand or admonishment merits removal from the permanent record of the employee4 7#b7 ,the date that is five years after the date on which the employee received the reprimand or admonishment4 7c7 ,appeals ,if an employee receives a reprimand or admonishment that the employee believes he or she received improperly1 the employee may immediately appeal the reprimand or admonishment4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is further amended by inserting after the item relating to section #gaf1 as added by section #abb1 the following new item3 #gag4 ,record of reprimands and admonishments4 4 #abd4 ,limitation on administrative leave for employees of ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by inserting after section #gag1 as added by section #abc1 the following new section3 #gah4 ,administrative leave limitation and report 7a7 ,limitation applicable to employees within the ,department 7#a7 ,the ,secretary may not place any covered individual on administrative leave for more than a total of #ad business days during any #cfe-;day period4 7#b7 7,a7 ,the ,secretary may waive the limitation under paragraph 7#a7 and extend the period of administrative leave of a covered individual if the ,secretary submits to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a detailed explanation of the reasons the covered individual was placed on administrative leave and the reasons for the extension of such leave4 7,b7 ,such explanation shall include the position of the covered individual and the location where the covered individual is employed4 7#c7 ,in this subsection1 the term covered individual means an employee of the ,department1 including an employee in a senior executive position 7as defined in section #gac7;d7 of this title7-- 7,a7 who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title #e2 or 7,b7 against whom any disciplinary action is proposed or initiated under this title or title #e4 7b7 ,report on administrative leave 7#a7 ,not later than #cj days after the end of each fiscal year1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report listing the position of each employee of the ,department 7if any7 who has been placed on administrative leave for a period longer than #ad business days during such fiscal year4 7#b7 ,each report submitted under paragraph 7#a7 shall include1 with respect to each employee listed in such report1 the following3 7,a7 ,the position occupied by the employee4 7,b7 ,the number of business days of such leave4 7,c7 ,the reason that such employee was placed on such leave4 7#c7 ,in submitting each report under paragraph 7#a71 the ,secretary shall take such measures to protect the privacy of the employees listed in the report as the ,secretary considers appropriate4 7c7 ,administrative leave defined ,in this section1 the term administrative leave-- 7#a7 means an administratively authorized absence from duty without loss of pay or charge to leave1 for which the employee is placed-- 7,a7 due to an investigation2 or 7,b7 while disciplinary action is proposed or initiated2 and 7#b7 includes any type of paid nonduty status without a charge to leave4 4 7b7 ,application 7#a7 ,administrative leave limitation ,subsection 7a7 of section #gah of title #ch1 ,united ,states ,code1 as added by subsection 7a7 of this section1 shall apply to any period of administrative leave 7as defined in such section7 commencing on or after the date of the enactment of this title4 7#b7 ,report ,the report under section #gah7;b7 of such title 7as added by subsection 7a77 shall apply beginning in the first quarter that ends after the date that is #ahj days after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is further amended by inserting after the item relating to section #gag1 as added by section #abc1 the following new item3 #gah4 ,administrative leave limitation and report4 4 #abe4 ,measurement of ,department of ,veterans ,affairs disciplinary process outcomes and effectiveness 7a7 ,measuring and collecting 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall measure and collect information on the outcomes of disciplinary actions carried out by the ,department of ,veterans ,affairs during the three-year period ending on the date of the enactment of this ,act and the effectiveness of such actions4 7#b7 ,elements ,in measuring and collecting pursuant to paragraph 7#a71 the ,secretary shall measure and collect information regarding the following3 7,a7 ,the average time from the initiation of an adverse action against an employee at the ,department to the final resolution of that action4 7,b7 ,the number of distinct steps and levels of review within the ,department involved in the disciplinary process and the average length of time required to complete these steps4 7,c7 ,the rate of use of alternate disciplinary procedures compared to traditional disciplinary procedures and the frequency with which employees who are subject to alternative disciplinary procedures commit additional offenses4 7,d7 ,the number of appeals from adverse actions filed against employees of the ,department1 the number of appeals upheld1 and the reasons for which the appeals were upheld4 7,e7 ,the use of paid administrative leave during the disciplinary process and the length of such leave4 7b7 ,report 7#a7 ,in general ,not later than ,december #ca1 #bjaf1 the ,secretary shall submit to the appropriate committees of ,congress a report on the disciplinary procedures and actions of the ,department4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,the information collected under subsection 7a74 7,b7 ,the findings of the ,secretary with respect to the measurement and collection carried out under subsection 7a74 7,c7 ,an analysis of the disciplinary procedures and actions of the ,department4 7,d7 ,suggestions for improving the disciplinary procedures and actions of the ,department4 7,e7 ,such other matters as the ,secretary considers appropriate4 7#c7 ,appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations and the ,committee on ,veterans' ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 ,d ,other personnel and accountability matters #aca4 ,written opinion on certain employment restrictions after terminating employment with the ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 as amended by subtitles ,a1 ,b1 and ,c1 is further amended by inserting after section #gah1 as added by section #abd1 the following new section3 #gai4 ,written opinion on certain employment restrictions after terminating employment with the ,department 7a7 ,in general ,before terminating employment with the ,department1 any official of the ,department who has participated personally and substantially during the one-year period ending on the date of the termination in an acquisition by the ,department that exceeds #aj1jjj1jjj shall obtain a written opinion from an appropriate ethics counselor at the ,department regarding any restrictions on activities that the official may undertake on behalf of a covered contractor during the two-year period beginning on the date on which the official terminates such employment4 7b7 ,covered contractor defined ,in this section1 the term covered contractor means a contractor carrying out a contract entered into with the ,department1 including pursuant to a subcontract4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is further amended by inserting after the item relating to section #gah1 as added by section #abd1 the following new item3 #gai4 ,written opinion on certain employment restrictions after leaving the ,department4 4 #acb4 ,requirement for contractors of the ,department employing certain recently separated ,department employees 7a7 ,in general ,subchapter ,,ii of chapter #ha of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #habi4 ,requirement for contractors employing certain recently separated ,department employees 7a7 ,in general ,a covered contractor may not knowingly provide compensation to an individual described in subsection 7b7 during the two-year period beginning on the date on which the individual terminates employment with the ,department unless the covered contractor determines that the individual-- 7#a7 has obtained the written opinion required under section #gai7;a7 of this title2 or 7#b7 has requested such written opinion not later than #cj days before receiving compensation from the covered contractor4 7b7 ,individual described ,an individual described in this subsection is any official of the ,department who participated personally and substantially during the one-year period ending on the date of the termination of the individual's employment with the ,department in an acquisition by the ,department that exceeds #aj1jjj1jjj4 7c7 ,covered contractor defined ,in this section1 the term covered contractor means a contractor carrying out a contract entered into with the ,department1 including pursuant to a subcontract4 4 7b7 ,application ,the requirement under section #habi7;a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to any entity that enters into a contract with the ,department on or after the date of the enactment of this title4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #ha of such title is amended by inserting after the item relating to section #habh the following new item3 #habi4 ,requirement for contractors employing certain recently separated ,department employees4 4 #acc4 ,department of ,veterans ,affairs program of internal audits 7a7 ,in general ,subchapter ,,ii of chapter #e of title #ch1 ,united ,states ,code1 is amended by inserting after section #ebg the following new section3 #ebg;,a4 ,program of internal audits 7a7 ,program required 7#a7 ,the ,secretary shall carry out a program of internal audits and self-analysis to improve the furnishing of benefits and health care to veterans and their families4 7#b7 ,the ,secretary shall carry out the program required by paragraph 7#a7 through an office the ,secretary shall establish for purposes of the program within the office of the ,secretary that is interdisciplinary and independent of-- 7,a7 the other offices within the office of the ,secretary2 and 7,b7 the covered administrations 7or functions of such administrations71 staff organizations1 and staff offices identified under subsection 7b77#a77;,a74 7b7 ,program requirements 7#a7 ,in carrying out the program required by subsection 7a71 the ,secretary shall-- 7,a7 conduct periodic risk assessments of the ,department to identify those covered administrations 7or functions of such administrations71 staff organizations1 and staff offices of the ,department the audit of which would lead towards the greatest improvement in the furnishing of benefits and health care to veterans and their families2 7,b7 develop plans that are informed by the risk assessments conducted under paragraph 7#a7 to conduct internal audits of the covered administrations 7or functions of such administrations71 staff organizations1 and staff offices identified under subparagraph 7,a72 and 7,c7 conduct internal audits in accordance with the plans developed pursuant to subparagraph 7,b74 7#b7 ,the ,secretary shall carry out under the program required by subsection 7a7 an audit of not fewer than five covered administrations 7or functions of such administrations71 staff organizations1 or staff offices of the ,department each year4 7#c7 ,in identifying covered administrations 7or functions of such administrations71 staff organizations1 and staff offices of the ,department under paragraph 7#a77;,a71 the ,secretary shall accord priority to the covered administrations and functions of such administrations4 7#d7 7,a7 ,for purposes of this subsection1 the covered administrations of the ,department are the following3 7i7 ,the ,national ,cemetery ,administration4 7ii7 ,the ,veterans ,benefits ,administration4 7iii7 ,the ,veterans ,health ,administration4 7,b7 ,for purposes of this subsection1 the covered staff organizations of the ,department are the following3 7i7 ,the ,office of ,acquisition1 ,logistics1 and ,construction4 7ii7 ,the ,advisory ,committee ,management ,office4 7iii7 ,the ,board of ,veterans' ,appeals4 7iv7 ,the ,center for ,faith-,based and ,neighborhood ,partnerships4 7v7 ,the ,center for ,minority ,veterans4 7vi7 ,the ,center for ,women ,veterans4 7vii7 ,the ,office of ,general ,counsel4 7viii7 ,the ,office of ,regulation ,policy and ,management4 7ix7 ,the ,office of ,employment ,discrimination ,complaint ,adjudication4 7x7 ,the ,office of ,interagency ,care and ,benefits ,coordination4 7xi7 ,the ,office of ,small and ,disadvantaged ,business ,utilization4 7xii7 ,the ,office of ,survivors ,assistance4 7xiii7 ,the ,veterans' ,service ,organizations ,liaison4 7xiv7 ,the ,office of ,patient ,advocacy4 7xv7 ,the ,office of ,accountability and ,whistleblower ,protection4 7,c7 ,for purposes of this subsection1 the covered staff offices of the ,department are the following3 7i7 ,the office of the ,assistant ,secretary for ,congressional and ,legislative ,affairs4 7ii7 ,the office of the ,assistant ,secretary for ,human ,resources and ,administration4 7iii7 ,the office of the ,assistant ,secretary for ,information and ,technology4 7iv7 ,the ,office of ,management4 7v7 ,the office of the ,assistant ,secretary for ,operations1 ,security1 and ,preparedness4 7vi7 ,the office of the ,assistant ,secretary for ,policy and ,planning4 7vii7 ,the office of the ,assistant ,secretary for ,public and ,intergovernmental ,affairs4 7c7 ,reports 7#a7 7,a7 ,not later than #ij days after completing an audit under the program required by subsection 7a71 the ,secretary shall submit to the appropriate committees of ,congress a report on the audit4 7,b7 ,each report submitted under subparagraph 7,a7 with respect to an audit shall include the following3 7i7 ,a summary of the audit4 7ii7 ,the findings of the ,secretary with respect to the audit4 7iii7 ,such recommendations as the ,secretary may have for legislative or administrative action to improve the furnishing of benefits and health care to veterans and their families4 7iv7 ,plans to carry out the recommendations submitted under clause 7iii71 including timelines for completion of such plans4 7#b7 7,a7 ,not later than ,september #a of each year1 the ,secretary shall submit to the appropriate committees of ,congress a report on the administration of this section4 7,b7 ,each report submitted under subparagraph 7,a7 shall include the following3 7i7 ,a detailed description of each matter for which a recommendation was submitted under clause 7iii7 of paragraph 7#a77;,b7 and with respect to which plans that were submitted under clause 7iv7 of such paragraph have not been completed4 7ii7 ,a plan for the conduct of audits under this section during the first fiscal year beginning after the fiscal year in which the report is submitted1 which shall include the following3 7,i7 ,a description of any risk assessments the ,secretary plans to conduct in such fiscal year4 7,,ii7 ,a summary of each audit the ,secretary plans to conduct in such fiscal year1 including a description of the subject matter of the audit and identification of the administration1 office1 or function to be audited4 7#c7 ,in this subsection1 the term appropriate committees of ,congress includes-- 7,a7 the ,committee on ,veterans' ,affairs1 the ,committee on ,appropriations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs1 the ,committee on ,appropriations1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 4 7b7 ,first risk assessment ,the ,secretary of ,veterans ,affairs shall complete the first risk assessment required by section #ebg;,a7b77#a77;,a7 of such title1 as added by subsection 7a71 by not later than #ahj days after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #e of such title is amended by inserting after the item relating to section #ebg the following new item3 #ebg;,a4 ,program of internal audits4 4 ,,ii ,health care matters #bjj4 ,short title ,this title may be cited as the ,jason ,simcakoski ,memorial ,act4 ,a ,expansion and improvement of health care benefits #bja4 ,improved access to appropriate immunizations for veterans 7a7 ,inclusion of recommended adult immunizations as medical services 7#a7 ,covered benefit ,subparagraph 7,f7 of section #agja7i7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7,f7 immunizations against infectious diseases1 including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule2 4 7#b7 ,recommended adult immunization schedule defined ,section #agja of such title is amended by adding at the end the following new paragraph3 7#aj7 ,the term recommended adult immunization schedule means the schedule established 7and periodically reviewed and1 as appropriate1 revised7 by the ,advisory ,committee on ,immunization ,practices established by the ,secretary of ,health and ,human ,services and delegated to the ,centers for ,disease ,control and ,prevention4 4 7b7 ,inclusion of recommended adult immunizations in annual report ,section #agjd7a77;,a7 of such title is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after clause 7ii7 the following new clause3 7iii7 to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule4 4 7c7 ,report to ,congress 7#a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the development and implementation by the ,department of ,veterans ,affairs of quality measures and metrics1 including targets for compliance1 to ensure that veterans receiving medical services under chapter #ag of title #ch1 ,united ,states ,code1 receive each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule4 7#b7 ,recommended adult immunization schedule defined ,in this subsection1 the term recommended adult immunization schedule has the meaning given that term in section #agja7aj7 of title #ch1 ,united ,states ,code1 as added by subsection 7a77#b74 7d7 ,rule of construction ,nothing in this section or the amendments made by this section may be construed to require a veteran to receive an immunization that the veteran does not want to receive4 #bjb4 ,expansion of provision of chiropractic care and services to veterans 7a7 ,program for provision of chiropractic care and services to veterans ,section #bjd7;c7 of the ,department of ,veterans ,affairs ,health ,care ,programs ,enhancement ,act of #bjja 7,public ,law #ajg-ace2 #aae ,stat4 #bdei2 #ch ,u4,s4,c4 #agaj note7 is amended-- 7#a7 by inserting 7#a7 before ,the program2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,the program shall be carried out at not fewer than two medical centers or clinics in each ,veterans ,integrated ,service ,network by not later than two years after the date of the enactment of the ,jason ,simcakoski ,memorial ,act1 and at not fewer than #ej percent of all medical centers in each ,veterans ,integrated ,service ,network by not later than three years after such date of enactment4 4 7b7 ,expanded chiropractor services available to veterans 7#a7 ,medical services ,paragraph 7#f7 of section #agja of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,h7 ,chiropractic services4 4 7#b7 ,rehabilitative services ,paragraph 7#h7 of such section is amended by inserting chiropractic1 after counseling14 7#c7 ,preventive health services ,paragraph 7#i7 of such section is amended-- 7,a7 by redesignating subparagraphs 7,f7 through 7,k7 as subparagraphs 7,g7 through 7,l71 respectively2 and 7,b7 by inserting after subparagraph 7,e7 the following new subparagraph 7,f73 7,f7 periodic and preventive chiropractic examinations and services2 4 #bjc4 ,priority of medal of honor recipients in health care system of ,department of ,veterans ,affairs 7a7 ,enrollment priority 7#a7 ,in general ,section #agje7;a7 of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking the period at the end and inserting the following3 and veterans who were awarded the medal of honor under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad42 and 7,b7 in paragraph 7#c71 by striking veterans who were awarded the medal of honor under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad14 7#b7 ,application ,the priority of enrollment of medal of honor recipients in the system of annual patient enrollment established and operated under section #agje7;a7 of such title1 as amended by paragraph 7#a71 shall apply to each such recipient1 regardless of the date on which the medal is awarded4 7b7 ,eligibility ,section #agaj7;a77#b77;,d7 of such title is amended by inserting after war the following3 1 who was awarded the medal of honor under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad14 7c7 ,extended care services ,section #agaj;,b7c77#b7 of such title is amended-- 7#a7 in subparagraph 7,b71 by striking or2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,d7 to a veteran who was awarded the medal of honor under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad4 4 7d7 ,copayment for medications ,section #agbb;,a7a77#c7 of such title is amended-- 7#a7 in subparagraph 7,b71 by striking or2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,d7 to a veteran who was awarded the medal of honor under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad4 4 ,b ,mental health care #baa4 ,veterans ,expedited ,recovery ,commission 7a7 ,establishment ,there is established the ,veterans ,expedited ,recovery ,commission 7in this section referred to as the ,commission74 7b7 ,duties ,the ,commission shall perform the following duties3 7#a7 ,examine the efficacy of the evidence-based therapy model used by the ,department of ,veterans ,affairs for treating mental health conditions of veterans and identify areas to improve wellness-based outcomes4 7#b7 ,conduct a patient-centered survey within each of the ,veterans ,integrated ,service ,networks to examine-- 7,a7 the experience of veterans with the ,department when seeking medical assistance for mental health conditions through the health care system of the ,department2 7,b7 the experience of veterans with non-,department medical facilities and health professionals for treating mental health conditions2 7,c7 the preferences of veterans regarding available treatments for mental health conditions and which methods the veterans believe to be most effective2 7,d7 the experience1 if any1 of veterans with respect to the complementary and integrative health services described in subparagraphs 7,a7 through 7,i7 of paragraph 7#c72 7,e7 the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the ,department as remedies for addressing mental health conditions2 and 7,f7 the outreach efforts of the ,secretary of ,veterans ,affairs regarding the availability of benefits and treatments for veterans for addressing mental health conditions1 including by identifying ways to reduce barriers to and gaps in such benefits and treatments4 7#c7 ,examine available research on complementary and integrative health services for mental health conditions and identify what benefits could be made with the inclusion of such treatments for veterans1 including with respect to-- 7,a7 music therapy2 7,b7 equine therapy2 7,c7 training and caring for service dogs2 7,d7 yoga therapy2 7,e7 acupuncture therapy2 7,f7 meditation therapy2 7,g7 outdoor sports therapy2 7,h7 hyperbaric oxygen therapy2 and 7,i7 such other therapies as the ,commission determines appropriate4 7#d7 ,study the potential increase of claims relating to mental health conditions submitted to the ,secretary by veterans who served in ,operation ,enduring ,freedom1 ,operation ,iraqi ,freedom1 or ,operation ,new ,dawn1 including an assessment of the resources available within the ,department to ensure that quality health care demands relating to such claims can be delivered in a timely manner4 7c7 ,membership 7#a7 ,number and appointment 7,a7 ,in general ,the ,commission shall be composed of #aj members1 appointed as follows3 7i7 ,two members appointed by the ,speaker of the ,house of ,representatives1 at least one of whom shall be a veteran4 7ii7 ,two members appointed by the ,minority ,leader of the ,house of ,representatives1 at least one of whom shall be a veteran4 7iii7 ,two members appointed by the ,majority ,leader of the ,senate1 at least one of whom shall be a veteran4 7iv7 ,two members appointed by the ,minority ,leader of the ,senate1 at least one of whom shall be a veteran4 7v7 ,two members appointed by the ,president1 at least one of whom shall be a veteran4 7,b7 ,qualifications ,members of the ,commission shall be individuals who-- 7i7 are of recognized standing and distinction within the medical community with a background in treating mental health2 7ii7 have experience working with the military and veteran population2 and 7iii7 do not have a financial interest in any of the complementary and integrative health services reviewed by the ,commission4 7#b7 ,chair ,the ,president shall designate a member of the ,commission to be the ,chair4 7#c7 ,period of ,appointment ,members of the ,commission shall be appointed for the life of the ,commission4 7#d7 ,vacancy ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7#e7 ,appointment ,deadline ,the appointment of members of the ,commission in this section shall be made not later than #ij days after the date of the enactment of this ,act4 7d7 ,powers of ,commission 7#a7 ,meeting 7,a7 ,initial meeting ,the ,commission shall hold its first meeting not later than #cj days after a majority of members are appointed to the ,commission4 7,b7 ,meeting ,the ,commission shall regularly meet at the call of the ,chair4 ,such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the ,commission determines that such technology will allow the members to communicate simultaneously4 7#b7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out the responsibilities of the ,commission4 7#c7 ,information from ,federal ,agencies ,the ,commission may secure directly from any ,federal agency such information as the ,commission considers necessary to carry out the duties of the ,commission under subsection 7b74 7#d7 ,information from nongovernmental organizations ,in carrying out the duties of the ,commission under subsection 7b71 the ,commission may seek guidance through consultation with foundations1 veterans service organizations1 nonprofit groups1 faith-based organizations1 private and public institutions of higher education1 and such other organizations as the ,commission determines appropriate4 7#e7 ,commission ,records ,the ,commission shall keep an accurate and complete record of the actions and meetings of the ,commission4 ,such record shall be made available for public inspection and the ,comptroller ,general of the ,united ,states may audit and examine such record4 7#f7 ,personnel ,matters ,upon request of the ,chair of the ,commission1 the head of any ,federal agency may detail1 on a reimbursable basis1 any personnel of that agency to assist the ,commission in carrying out the duties of the ,commission4 7#g7 ,compensation of ,members2 ,travel ,expenses ,each member shall serve without pay1 except that each member shall receive travel expenses to perform the duties of the ,commission under subsection 7b71 including per diem in lieu of subsistence1 at rates authorized under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#h7 ,staff ,the ,chair1 in accordance with rules agreed upon by the ,commission1 may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the ,commission to carry out its functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service or chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 except that no rate of pay fixed under this subsection may exceed the equivalent of the rate payable for a position at level ,,iv of the ,executive ,schedule under section #ecae of such title4 7#i7 ,personnel as ,federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission are employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of such title4 7,b7 ,members of the ,commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7#aj7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriations ,acts1 enter into contracts to enable the ,commission to discharge the duties of the ,commission under this section4 7#aa7 ,expert and ,consultant ,services ,the ,commission may procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 at rates not to exceed the daily rate paid to a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of such title4 7#ab7 ,postal ,service ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as a ,federal agency4 7#ac7 ,physical ,facilities and ,equipment ,upon the request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this section4 ,these administrative services may include human resource management1 budget1 leasing1 accounting1 and payroll services4 7e7 ,reports 7#a7 ,interim ,reports 7,a7 ,cooperation by heads of ,federal agencies ,not later than #fj days after the date on which the ,commission first meets1 and not less frequently than once during each #cj-;day period thereafter ending on the date on which the ,commission submits the final report under paragraph 7#b71 the ,commission shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and the ,president a report detailing the level of cooperation the ,secretary of ,veterans ,affairs 7and the heads of other ,federal agencies7 has provided to the ,commission4 7,b7 ,other reports ,in carrying out the duties of the ,commission under subsection 7b71 at times that the ,commission determines appropriate1 the ,commission shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and such other entities as the ,commission determines appropriate an interim report with respect to the findings identified by the ,commission4 7#b7 ,final report 7,a7 ,in general ,not later than #ah months after the date on which the ,commission first meets1 the ,commission shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 the ,president1 and the ,secretary of ,veterans ,affairs a final report on the findings of the ,commission4 7,b7 ,elements ,the report required by subparagraph 7,a7 shall include the following3 7i7 ,recommendations to implement in a feasible1 timely1 and cost-effective manner any solutions and remedies identified by the ,commission in carrying out the duties of the ,commission under subsection 7b74 7ii7 ,an analysis of the evidence-based therapy model used by the ,secretary for treating veterans with mental health conditions and an examination of the prevalence and efficacy of prescription drugs as a means of treatment4 7iii7 ,the findings of the patient-centered survey conducted within each of the ,veterans ,integrated ,service ,networks under subsection 7b77#b74 7iv7 ,an examination of the complementary and integrative health services described in subsection 7b77#c7 and the potential benefits of incorporating such services in the therapy model used by the ,secretary for treating veterans with mental health conditions4 7#c7 ,plan ,not later than #ij days after the date on which the ,commission submits the final report under paragraph 7#b71 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the following3 7,a7 ,an action plan for implementing the recommendations set forth by the ,commission in such report regarding solutions and remedies for improving wellness-based outcomes for veterans with mental health conditions4 7,b7 ,a feasible timeframe on when complementary and integrative health services described in subsection 7b77#c7 can be implemented throughout the ,department4 7,c7 ,with respect to each recommendation set forth by the ,commission1 including regarding any complementary and integrative health service1 that the ,secretary determines is not appropriate or feasible to implement1 a justification for each such determination and an alternative solution to improve the efficacy of the therapy model used by the ,secretary for treating veterans with mental health conditions4 7f7 ,termination of ,commission ,the ,commission shall terminate #cj days after the ,commission submits the final report under subsection 7e77#b74 7g7 ,complementary and integrative health defined ,in this section1 the term complementary and integrative health has the meaning given that term or any subsequent similar term by the ,national ,institutes of ,health4 #bab4 ,mental health treatment for veterans who served in classified missions 7a7 ,sense of ,congress ,it is the sense of ,congress that veterans who experience combat-related mental health wounds should have immediate1 appropriate1 and consistent access to comprehensive mental health care4 7b7 ,in general ,subchapter ,,ii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #agbj;,h4 ,mental health treatment for veterans who served in classified missions 7a7 ,establishment of standards 7#a7 ,the ,secretary shall establish standards and procedures to ensure that each eligible veteran may access mental health care furnished by the ,secretary in a manner that fully accommodates the obligation of the veteran to not improperly disclose classified information4 7#b7 ,in establishing standards and procedures under paragraph 7#a71 the ,secretary shall consult with the ,secretary of ,defense to ensure that such standards and procedures are consistent with the policies on classified information of the ,department of ,defense4 7#c7 ,the ,secretary shall disseminate guidance to employees of the ,veterans ,health ,administration1 including mental health professionals1 on the standards and procedures established under paragraph 7#a7 and how to best engage eligible veterans during the course of mental health treatment with respect to classified information4 7b7 ,identification ,in carrying out this section1 the ,secretary shall ensure that a veteran may elect to identify as an eligible veteran on an appropriate form4 7c7 ,definitions ,in this section3 7#a7 ,the term classified information means any information or material that has been determined by an official of the ,united ,states pursuant to law to require protection against unauthorized disclosure for reasons of national security4 7#b7 ,the term eligible veteran means a veteran who-- 7,a7 is enrolled in the system of annual patient enrollment established and operated under section #agje7;a7 of this title2 7,b7 is seeking mental health treatment2 and 7,c7 in the course of serving in the ,armed ,forces1 participated in a sensitive mission or served in a sensitive unit4 7#c7 ,the term sensitive mission means a mission of the ,armed ,forces that1 at the time at which a eligible veteran seeks treatment1 is classified4 7#d7 ,the term sensitive unit has the meaning given that term in section #acj;b7c77#d7 of title #aj4 4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by inserting after the item relating to section #agbj;,g the following new item3 #agbj;,h4 ,mental health treatment for veterans who served in classified missions4 4 #bac4 ,inclusion of mental health professionals in education and training program for health personnel of the ,department of ,veterans ,affairs 7a7 ,in general ,in carrying out the program of education and training required under section #gcjb7;a77#a7 of title #ch1 ,united ,states ,code1 the ,secretary of ,veterans ,affairs shall include education and training of marriage and family therapists and licensed professional mental health counselors4 7b7 ,effective date ,subsection 7a7 shall take effect on the date that is one year after the date of the enactment of this ,act4 #bad4 ,expansion of qualifications for licensed mental health counselors of the ,department of ,veterans ,affairs to include doctoral degrees ,section #gdjb7;b77#aa77;,a7 of title #ch1 ,united ,states ,code1 is amended by inserting or doctoral degree after master's degree4 ,c ,improvement of medical workforce #bba4 ,modification of hours of employment for physicians and physician assistants employed by the ,department of ,veterans ,affairs ,section #gdbc7;a7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking 7a7 ,the hours and inserting 7a77#a7 ,except as provided in paragraph 7#b71 the hours2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,the ,secretary may modify the hours of employment for a physician or physician assistant appointed in the ,administration under any provision of this chapter on a full-time basis to be more than or less than #hj hours in a biweekly pay period if the total hours of employment for such employee in a calendar year does not exceed #b1jhj hours4 4 #bbb4 ,requirement that physician assistants employed by the ,department of ,veterans ,affairs receive competitive pay 7a7 ,in general ,section #gdea7;a77#b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph 7,b73 7,b7 ,physician assistant4 2 and 7#c7 in subparagraph 7,c71 as redesignated by paragraph 7#a71 by striking and registered nurse and inserting registered nurse1 and physician assistant4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is one year after the date of the enactment of this ,act4 #bbc4 ,extension of period for increase in graduate medical education residency positions at medical facilities of the ,department of ,veterans ,affairs 7a7 ,in general ,paragraph 7#b7 of section #cja7;b7 of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gcjb note7 is amended-- 7#a7 in the paragraph heading1 by striking ,five-year and inserting ,ten-year2 and 7#b7 in subparagraph 7,a71 by striking #e-year period and inserting #aj-year period4 7b7 ,report ,paragraph 7#c77;,a7 of such section is amended by striking until #bjai and inserting until #bjbd4 #bbd4 ,additional requirements for hiring of health care providers by ,department of ,veterans ,affairs 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall1 as part of the hiring process for each health care provider considered for a position at the ,department of ,veterans ,affairs after the date specified in subsection 7c71 require from the medical board of each ,state in which the health care provider holds or has held a medical license-- 7#a7 information on any violation of the requirements of the medical license of the health care provider2 and 7#b7 information on whether the health care provider has entered into any settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider4 7b7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 7c7 ,date specified 7#a7 ,in general ,the date specified in this subsection is the date on which the ,secretary prescribes regulations to carry out this section4 7#b7 ,publication ,the ,secretary shall publish in the ,federal ,register the date specified in this subsection not later than #cj days before such date4 #bbe4 ,provision of information on health care providers of ,department of ,veterans ,affairs to ,state medical boards 7a7 ,in general ,notwithstanding section #eeb;a of title #e1 ,united ,states ,code1 the ,secretary of ,veterans ,affairs shall1 with respect to each health care provider of the ,department of ,veterans ,affairs that violates a requirement of the medical license of the health care provider after the date of the enactment of this ,act1 provide to the medical board of each ,state in which the health care provider is licensed or practices all relevant information contained in the ,state ,licensing ,board ,reporting ,file or any successor file of the ,department with respect to such violation4 7b7 ,no request required ,the ,secretary shall provide the information required in subsection 7a7 to a medical board described in such subsection notwithstanding that such board may not have formally requested such information from the ,department4 #bbf4 ,report on medical workforce of the ,department of ,veterans ,affairs 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the medical workforce of the ,department of ,veterans ,affairs4 7b7 ,elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,with respect to licensed professional mental health counselors and marriage and family therapists of the ,department-- 7,a7 how many such counselors and therapists are currently enrolled in the mental health professionals trainee program of the ,department2 7,b7 how many such counselors and therapists are expected to enroll in the mental health professionals trainee program of the ,department during the #ahj-;day period beginning on the date of the submittal of the report2 7,c7 a description of the eligibility criteria for such counselors and therapists as compared to other behavioral health professions in the ,department2 7,d7 a description of the objectives1 goals1 and timing of the ,department with respect to increasing the representation of such counselors and therapists in the behavioral health workforce of the ,department2 and 7,e7 a description of the actions taken by the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 to create an occupational series for such counselors and therapists and a timeline for the creation of such an occupational series4 7#b7 ,a breakdown of spending by the ,department in connection with the education debt reduction program of the ,department under subchapter ,,vii of chapter #gf of title #ch1 ,united ,states ,code1 including-- 7,a7 the amount spent by the ,department in debt reduction payments during the three-year period preceding the submittal of the report disaggregated by the medical profession of the individual receiving the payments2 7,b7 a description of how the ,department prioritizes such spending by medical profession1 including an assessment of whether such priority reflects the five occupations identified in the most recent determination by the ,inspector ,general of the ,department of ,veterans ,affairs as having the largest staffing shortages in the ,veterans ,health ,administration2 and 7,c7 a description of the actions taken by the ,secretary to increase the effectiveness of such spending for purposes of recruitment of health care providers to the ,department1 including efforts to more consistently include eligibility for the education debt reduction program in vacancy announcements of positions for health care providers at the ,department4 7#c7 ,a description of any impediments to the delivery by the ,department of telemedicine services to veterans and any actions taken by the ,department to address such impediments1 including with respect to-- 7,a7 restrictions under ,federal or ,state law2 7,b7 licensing or credentialing issues for health care providers1 including non-,department health care providers1 practicing telemedicine with a veteran located in a different ,state2 7,c7 the effect of limited broadband access or limited information technology capabilities on the delivery of health care2 7,d7 the distance a veteran is required to travel1 if the veteran is required to travel1 to access a facility or clinic with telemedicine capabilities2 7,e7 the effect on the provision of telemedicine services to veterans of policies of and limited liability protection for certain entities2 and 7,f7 issues relating to reimbursement and travel limitations for veterans that affect the participation of non-,department health care providers in the telemedicine program4 7#d7 ,an update on the efforts of the ,secretary to offer training opportunities in telemedicine to medical residents in medical facilities of the ,department that use telemedicine1 consistent with medical residency program requirements established by the ,accreditation ,council for ,graduate ,medical ,education1 as required in section #ajh7;b7 of the ,honoring ,america's ,veterans and ,caring for ,camp ,lejeune ,families ,act of #bjab 7,public ,law #aab-aed2 #ch ,u4,s4,c4 #gdjf note74 7#e7 ,an assessment of the development and implementation by the ,secretary of succession planning policies to address the prevalence of vacancies in positions in the ,veterans ,health ,administration of more than #ahj days1 including the development of an enterprise position management system to more effectively identify1 track1 and resolve such vacancies4 7#f7 ,a description of the actions taken by the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 to address any impediments to the timely appointment and determination of qualifications for ,directors of ,veterans ,integrated ,service ,networks and ,medical ,center ,directors of the ,department4 #bbg4 ,report on compliance by ,department of ,veterans ,affairs with reviews of health care providers leaving the ,department or transferring to other facilities ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the compliance by the ,department of ,veterans ,affairs with the policy of the ,department-- 7#a7 to conduct a review of each health care provider of the ,department who transfers to another medical facility of the ,department or leaves the ,department to determine whether there are any concerns1 complaints1 or allegations of violations relating to the medical practice of the health care provider2 and 7#b7 to take appropriate action with respect to any such concern1 complaint1 or allegation4 ,d ,family caregivers #bca4 ,expansion of family caregiver program of ,department of ,veterans ,affairs 7a7 ,family caregiver program 7#a7 ,expansion of eligibility 7,a7 ,in general ,subsection 7a77#b77;,b7 of section #agbj;,g of title #ch1 ,united ,states ,code1 is amended to read as follows3 7,b7 for assistance provided under this subsection-- 7i7 before the date on which the ,secretary submits to ,congress a certification that the ,department has fully implemented the information technology system required by section #bcb7;a7 of the ,jason ,simcakoski ,memorial ,act1 has a serious injury 7including traumatic brain injury1 psychological trauma1 or other mental disorder7 incurred or aggravated in the line of duty in the active military1 naval1 or air service on or after ,september #aa1 #bjja2 7ii7 during the two-year period beginning on the date specified in clause 7i71 has a serious injury 7including traumatic brain injury1 psychological trauma1 or other mental disorder7 incurred or aggravated in the line of duty in the active military1 naval1 or air service-- 7,i7 on or before ,may #g1 #aige2 or 7,,ii7 on or after ,september #aa1 #bjja2 or 7iii7 after the date that is two years after the date specified in clause 7i71 has a serious injury 7including traumatic brain injury1 psychological trauma1 or other mental disorder7 incurred or aggravated in the line of duty in the active military1 naval1 or air service2 and 4 7,b7 ,publication in ,federal ,register ,not later than #cj days after the date on which the ,secretary of ,veterans ,affairs submits to ,congress the certification described in subsection 7a77#b77;,b77i7 of section #agbj;,g of such title1 as amended by subparagraph 7,a7 of this paragraph1 the ,secretary shall publish the date specified in such subsection in the ,federal ,register4 7#b7 ,expansion of needed services in eligibility criteria ,subsection 7a77#b77;,c7 of such section is amended-- 7,a7 in clause 7ii71 by striking 2 or and inserting a semicolon2 7,b7 by redesignating clause 7iii7 as clause 7iv72 and 7,c7 by inserting after clause 7ii7 the following new clause 7iii73 7iii7 a need for regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired2 or 4 7#c7 ,expansion of services provided ,subsection 7a77#c77;,a77ii7 of such section is amended-- 7,a7 in subclause 7,,iv71 by striking 2 and and inserting a semicolon2 7,b7 in subclause 7,v71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 through the use of contracts with1 or the provision of grants to1 public or private entities-- 7aa7 financial planning services relating to the needs of injured veterans and their caregivers2 and 7bb7 legal services1 including legal advice and consultation1 relating to the needs of injured veterans and their caregivers4 4 7#d7 ,modification of stipend calculation ,subsection 7a77#c77;,c7 of such section is amended-- 7,a7 by redesignating clause 7iii7 as clause 7iv72 and 7,b7 by inserting after clause 7ii7 the following new clause 7iii73 7iii7 ,in determining the amount and degree of personal care services provided under clause 7i7 with respect to an eligible veteran whose need for personal care services is based in whole or in part on a need for supervision or protection under paragraph 7#b77;,c77ii7 or regular or extensive instruction or supervision under paragraph 7#b77;,c77iii71 the ,secretary shall take into account the following3 7,i7 ,the assessment by the family caregiver of the needs and limitations of the veteran4 7,,ii7 ,the extent to which the veteran can function safely and independently in the absence of such supervision1 protection1 or instruction4 7,,iii7 ,the amount of time required for the family caregiver to provide such supervision1 protection1 or instruction to the veteran4 4 7#e7 ,periodic evaluation of need for certain services ,subsection 7a77#c7 of such section is amended by adding at the end the following new subparagraph3 7,d7 ,in providing instruction1 preparation1 and training under subparagraph 7,a77i77,i7 and technical support under subparagraph 7,a77i77,,ii7 to each family caregiver who is approved as a provider of personal care services for an eligible veteran under paragraph 7#f71 the ,secretary shall periodically evaluate the needs of the eligible veteran and the skills of the family caregiver of such veteran to determine if additional instruction1 preparation1 training1 or technical support under those subparagraphs is necessary4 4 7#f7 ,use of primary care teams ,subsection 7a77#e7 of such section is amended1 in the matter preceding subparagraph 7,a71 by inserting 7in collaboration with the primary care team for the eligible veteran to the maximum extent practicable7 after evaluate4 7#g7 ,assistance for family caregivers ,subsection 7a7 of such section is amended by adding at the end the following new paragraph3 7#aa7 7,a7 ,in providing assistance under this subsection to family caregivers of eligible veterans1 the ,secretary may enter into contracts1 provider agreements1 and memoranda of understanding with ,federal agencies1 ,states1 and private1 nonprofit1 and other entities to provide such assistance to such family caregivers4 7,b7 ,the ,secretary may provide assistance under this paragraph only if such assistance is reasonably accessible to the family caregiver and is substantially equivalent or better in quality to similar services provided by the ,department4 7,c7 ,the ,secretary may provide fair compensation to ,federal agencies1 ,states1 and other entities that provide assistance under this paragraph4 4 7b7 ,modification of definition of personal care services ,subsection 7d77#d7 of such section is amended-- 7#a7 in subparagraph 7,a71 by striking independent2 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,a7 the following new subparagraphs3 7,b7 ,supervision or protection based on symptoms or residuals of neurological or other impairment or injury4 7,c7 ,regular or extensive instruction or supervision without which the ability of the veteran to function in daily life would be seriously impaired4 4 #bcb4 ,implementation of information technology system of ,department of ,veterans ,affairs to assess and improve the family caregiver program 7a7 ,implementation of new system 7#a7 ,in general ,not later than ,december #ca1 #bjaf1 the ,secretary of ,veterans ,affairs shall implement an information technology system that fully supports the ,program and allows for data assessment and comprehensive monitoring of the ,program4 7#b7 ,elements of system ,the information technology system required to be implemented under paragraph 7#a7 shall include the following3 7,a7 ,the ability to easily retrieve data that will allow all aspects of the ,program 7at the medical center and aggregate levels7 and the workload trends for the ,program to be assessed and comprehensively monitored4 7,b7 ,the ability to manage data with respect to a number of caregivers that is more than the number of caregivers that the ,secretary expects to apply for the ,program4 7,c7 ,the ability to integrate the system with other relevant information technology systems of the ,veterans ,health ,administration4 7b7 ,assessment of ,program ,not later than #ahj days after implementing the system described in subsection 7a71 the ,secretary shall1 through the ,under ,secretary for ,health1 use data from the system and other relevant data to conduct an assessment of how key aspects of the ,program are structured and carried out4 7c7 ,ongoing monitoring of and modifications to ,program 7#a7 ,monitoring ,the ,secretary shall use the system implemented under subsection 7a7 to monitor and assess the workload of the ,program1 including monitoring and assessment of data on-- 7,a7 the status of applications1 appeals1 and home visits in connection with the ,program2 and 7,b7 the use by caregivers participating in the ,program of other support services under the ,program such as respite care4 7#b7 ,modifications ,based on the monitoring and assessment conducted under paragraph 7#a71 the ,secretary shall identify and implement such modifications to the ,program as the ,secretary considers necessary to ensure the ,program is functioning as intended and providing veterans and caregivers participating in the ,program with services in a timely manner4 7d7 ,reports 7#a7 ,initial report 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and the ,comptroller ,general of the ,united ,states a report that includes-- 7i7 the status of the planning1 development1 and deployment of the system required to be implemented under subsection 7a71 including any changes in the timeline for the implementation of the system2 and 7ii7 an assessment of the needs of family caregivers of veterans described in subparagraph 7,b71 the resources needed for the inclusion of such family caregivers in the ,program1 and such changes to the ,program as the ,secretary considers necessary to ensure the successful expansion of the ,program to include such family caregivers4 7,b7 ,veterans described ,veterans described in this subparagraph are veterans who are eligible for the ,program under clause 7ii7 or 7iii7 of section #agbj;,g7a77#b77;,b7 of title #ch1 ,united ,states ,code1 as amended by section #bca7;a77#a7 of this ,act1 solely due to a serious injury 7including traumatic brain injury1 psychological trauma1 or other mental disorder7 incurred or aggravated in the line of duty in the active military1 naval1 or air service before ,september #aa1 #bjja4 7#b7 ,notification by ,comptroller ,general ,the ,comptroller ,general shall review the report submitted under paragraph 7#a7 and notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives with respect to the progress of the ,secretary in-- 7,a7 fully implementing the system required under subsection 7a72 and 7,b7 implementing a process for using such system to monitor and assess the ,program under subsection 7c77#a7 and modify the ,program as considered necessary under subsection 7c77#b74 7#c7 ,final report 7,a7 ,in general ,not later than ,december #ca1 #bjag1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and the ,comptroller ,general a report on the implementation of subsections 7a7 through 7c74 7,b7 ,elements ,the report required by subparagraph 7,a7 shall include the following3 7i7 ,a certification by the ,secretary with respect to whether the information technology system described in subsection 7a7 has been implemented4 7ii7 ,a description of how the ,secretary has implemented such system4 7iii7 ,a description of the modifications to the ,program1 if any1 that were identified and implemented under subsection 7c77#b74 7iv7 ,a description of how the ,secretary is using such system to monitor the workload of the ,program4 7e7 ,definitions ,in this section3 7#a7 ,active military1 naval1 or air service ,the term active military1 naval1 or air service has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,program ,the term ,program means the program of comprehensive assistance for family caregivers under section #agbj;,g7a7 of title #ch1 ,united ,states ,code1 as amended by section #bca of this ,act4 #bcc4 ,modifications to annual evaluation report on caregiver program of ,department of ,veterans ,affairs 7a7 ,barriers to care and services ,subparagraph 7,a77iv7 of section #aja7;c77#b7 of the ,caregivers and ,veterans ,omnibus ,health ,services ,act of #bjaj 7,public ,law #aaa-afc2 #ch ,u4,s4,c4 #agbj;,g note7 is amended by inserting 1 including a description of any barriers to accessing and receiving care and services under such programs before the semicolon4 7b7 ,sufficiency of training for family caregiver program ,subparagraph 7,b7 of such section is amended-- 7#a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new clause3 7iii7 an evaluation of the sufficiency and consistency of the training provided to family caregivers under such program in preparing family caregivers to provide care to veterans under such program4 4 #bcd4 ,advisory committee on caregiver policy 7a7 ,establishment ,there is established in the ,department of ,veterans ,affairs an advisory committee on policies relating to caregivers of veterans 7in this section referred to as the ,committee74 7b7 ,composition ,the ,committee shall be composed of the following3 7#a7 ,a ,chair selected by the ,secretary of ,veterans ,affairs4 7#b7 ,a representative from each of the following agencies or organizations selected by the head of such agency or organization3 7,a7 ,the ,department of ,veterans ,affairs4 7,b7 ,the ,department of ,defense4 7,c7 ,the ,department of ,health and ,human ,services4 7,d7 ,the ,department of ,labor4 7,e7 ,the ,centers for ,medicare and ,medicaid ,services4 7#c7 ,not fewer than seven individuals who are not employees of the ,federal ,government selected by the ,secretary from among the following individuals3 7,a7 ,academic experts in fields relating to caregivers4 7,b7 ,clinicians4 7,c7 ,caregivers4 7,d7 ,individuals in receipt of caregiver services4 7,e7 ,such other individuals with expertise that is relevant to the duties of the ,committee as the ,secretary considers appropriate4 7c7 ,duties ,the duties of the ,committee are as follows3 7#a7 ,to regularly review and recommend policies of the ,department of ,veterans ,affairs relating to caregivers of veterans4 7#b7 ,to examine and advise the implementation of such policies4 7#c7 ,to evaluate the effectiveness of such policies4 7#d7 ,to recommend standards of care for caregiver services and respite care services provided to a caregiver or veteran by a nonprofit or private sector entity4 7#e7 ,to develop recommendations for legislative or administrative action to enhance the provision of services to caregivers and veterans1 including eliminating gaps in such services and eliminating disparities in eligibility for such services4 7#f7 ,to make recommendations on coordination with ,state and local agencies and relevant nonprofit organizations on maximizing the use and effectiveness of resources for caregivers of veterans4 7d7 ,reports 7#a7 ,annual report to ,secretary 7,a7 ,in general ,not later than ,september #a1 #bjag1 and not less frequently than annually thereafter until the termination date specified in subsection 7e71 the ,chair of the ,committee shall submit to the ,secretary a report on policies and services of the ,department of ,veterans ,affairs relating to caregivers of veterans4 7,b7 ,elements ,each report required by subparagraph 7,a7 shall include the following3 7i7 ,an assessment of the policies of the ,department relating to caregivers of veterans and services provided pursuant to such policies as of the date of the submittal of the report4 7ii7 ,a description of any recommendations made by the ,committee to improve the coordination of services for caregivers of veterans between the ,department and the entities specified in subparagraphs 7,b7 through 7,e7 of subsection 7b77#b7 and to eliminate barriers to the effective use of such services1 including with respect to eligibility criteria4 7iii7 ,an evaluation of the effectiveness of the ,department in providing services for caregivers of veterans4 7iv7 ,an evaluation of the quality and sufficiency of services for caregivers of veterans available from nongovernmental organizations4 7v7 ,a description of any gaps identified by the ,committee in care or services provided by caregivers to veterans and recommendations for legislative or administrative action to address such gaps4 7vi7 ,such other matters or recommendations as the ,chair considers appropriate4 7#b7 ,transmittal to ,congress ,not later than #ij days after the receipt of a report under paragraph 7#a71 the ,secretary shall transmit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a copy of such report1 together with such comments and recommendations concerning such report as the ,secretary considers appropriate4 7e7 ,termination ,the ,committee shall terminate on ,december #ca1 #bjbb4 #bce4 ,comprehensive study on seriously injured veterans and their caregivers 7a7 ,study required ,during the period specified in subsection 7d71 the ,secretary of ,veterans ,affairs shall provide for the conduct by an independent entity of a comprehensive study on the following3 7#a7 ,veterans who have incurred a serious injury or illness1 including a mental health injury or illness4 7#b7 ,individuals who are acting as caregivers for veterans4 7b7 ,elements ,the comprehensive study required by subsection 7a7 shall include the following with respect to each veteran included in such study3 7#a7 ,the health of the veteran and1 if applicable1 the impact of the caregiver of such veteran on the health of such veteran4 7#b7 ,the employment status of the veteran and1 if applicable1 the impact of the caregiver of such veteran on the employment status of such veteran4 7#c7 ,the financial status and needs of the veteran4 7#d7 ,the use by the veteran of benefits available to such veteran from the ,department of ,veterans ,affairs4 7#e7 ,such other information as the ,secretary considers appropriate4 7c7 ,contract ,the ,secretary shall enter into a contract with an appropriate independent entity to conduct the study required by subsection 7a74 7d7 ,period specified ,the period specified in this subsection is the one-year period beginning on the date that is four years after the date specified in section #agbj;,g7a77#b77;,b77i7 of title #ch1 ,united ,states ,code1 as amended by section #bca7;a77#a7 of this ,act4 7e7 ,report ,not later than #cj days after the end of the period specified in subsection 7d71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the results of the study required by subsection 7a74 ,e ,health care administration #bda4 ,requirement that ,department of ,veterans ,affairs collect health-plan contract information from veterans 7a7 ,in general ,subchapter ,i of chapter #ag is amended by inserting after section #agje the following new section3 #agje;,a4 ,management of health care3 information regarding health-plan contracts 7a7 ,in general 7#a7 ,any individual who seeks hospital care or medical services under this chapter shall provide to the ,secretary such current information as the ,secretary may require to identify any health-plan contract under which such individual is covered4 7#b7 ,the information required to be provided to the ,secretary under paragraph 7#a7 with respect to a health-plan contract shall include1 as applicable1 the following3 7,a7 ,the name of the entity providing coverage under the health-plan contract4 7,b7 ,if coverage under the health-plan contract is in the name of an individual other than the individual required to provide information under this section1 the name of the policy holder of the health-plan contract4 7,c7 ,the identification number for the health-plan contract4 7,d7 ,the group code for the health-plan contract4 7b7 ,action ,to collect information ,the ,secretary may take such action as the ,secretary considers appropriate to collect the information required under subsection 7a74 7c7 ,effect on services from ,department ,the ,secretary may not deny any services under this chapter to an individual solely due to the fact that the individual fails to provide information required under subsection 7a74 7d7 ,health-plan contract defined ,in this section1 the term health-plan contract has the meaning given that term in section #agbe7;f7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by inserting after the item relating to section #agje the following new item3 #agje;,a4 ,management of health care3 information regarding health-plan contracts4 4 #bdb4 ,expansion of availability of prosthetic and orthotic care for veterans 7a7 ,establishment or expansion of advanced degree programs ,to expand availability of care ,the ,secretary of ,veterans ,affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans4 7b7 ,report 7#a7 ,in general ,not later than one year after the effective date specified in subsection 7d71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report setting forth a plan for carrying out subsection 7a74 7#b7 ,development of plan ,the ,secretary shall develop the plan required under paragraph 7#a7 in consultation with veterans service organizations1 institutions of higher education with accredited degree programs in prosthetics and orthotics1 and representatives of the prosthetics and orthotics field4 7c7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated for fiscal year #bjag for the ,department of ,veterans ,affairs1 #e1jjj1jjj to carry out this section4 7#b7 ,availability ,the amount authorized to be appropriated by paragraph 7#a7 shall remain available for expenditure until ,september #cj1 #bjai4 7d7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #bdc4 ,revival of ,intermediate ,care ,technician ,pilot ,program of ,department of ,veterans ,affairs 7a7 ,revival ,the ,secretary of ,veterans ,affairs shall revive the ,intermediate ,care ,technician ,pilot ,program of the ,department of ,veterans ,affairs that was carried out by the ,secretary between ,january #bjac and ,february #bjad4 7b7 ,technicians 7#a7 ,selection ,the ,secretary shall select not fewer than #gb intermediate care technicians to participate in the pilot program4 7#b7 ,facilities 7,a7 ,in general ,any intermediate care technician hired pursuant to paragraph 7#a7 may be assigned to a medical facility of the ,department as determined by the ,secretary for purposes of this section4 7,b7 ,priority ,in assigning intermediate care technicians under subparagraph 7,a71 the ,secretary shall give priority to facilities at which veterans have the longest wait times for appointments for the receipt of hospital care or medical services from the ,department1 as determined by the ,secretary for purposes of this section4 7c7 ,termination ,the ,secretary shall carry out the pilot program under subsection 7a7 during the three-year period beginning on the effective date specified in subsection 7e74 7d7 ,definitions ,in this section1 the terms hospital care and medical services have the meanings given those terms in section #agja of title #ch1 ,united ,states ,code4 7e7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #bdd4 ,transfer of health care provider credentialing data from ,secretary of ,defense to ,secretary of ,veterans ,affairs 7a7 ,in general ,in a case in which the ,secretary of ,veterans ,affairs hires a covered health care provider1 the ,secretary of ,defense shall1 after receiving a request from the ,secretary of ,veterans ,affairs for the credentialing data of the ,secretary of ,defense relating to such health care provider1 transfer to the ,secretary of ,veterans ,affairs such credentialing data4 7b7 ,covered health care providers ,for purposes of this section1 a covered provider is a health care provider who-- 7#a7 is or was employed by the ,secretary of ,defense2 7#b7 provides or provided health care related services as part of such employment2 and 7#c7 was credentialed by the ,secretary of ,defense4 7c7 ,policies and regulations ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall establish such policies and prescribe such regulations as may be necessary to carry out this section4 7d7 ,credentialing defined ,in this section1 the term credentialing means the systematic process of screening and evaluating qualifications and other credentials1 including licensure1 required education1 relevant training and experience1 and current competence and health status4 7e7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #bde4 ,authority to place certain veterans in non-,department of ,veterans ,affairs medical foster homes upon request 7a7 ,in general ,section #agbj of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7h7 7#a7 ,subject to paragraph 7#b71 at the request of a veteran for whom the ,secretary is required to provide nursing home care under section #agaj;,a of this title1 the ,secretary may place the veteran in a medical foster home that meets ,department standards1 at the expense of the ,united ,states1 pursuant to a contract or agreement entered into between the ,secretary and the medical foster home for such purpose4 ,a veteran who is placed in a medical foster home under this subsection shall agree1 as a condition of such placement1 to accept home health services furnished by the ,secretary under section #agag of this title4 7#b7 ,not more than #ijj veterans placed in a medical foster home1 whether placed before1 on1 or after the enactment of the ,jason ,simcakoski ,memorial ,act1 may have their care covered at the expense of the ,united ,states under paragraph 7#a74 7#c7 ,in this subsection1 the term medical foster home means a home designed to provide noninstitutional1 long-term1 supportive care for veterans who are unable to live independently and prefer a family setting4 7#d7 ,the authority of the ,secretary under this subsection terminates on ,september #cj1 #bjai4 4 7b7 ,effective date ,subsection 7h7 of such section1 as added by subsection 7a71 shall take effect on ,october #a1 #bjaf4 #bdf4 ,examination and treatment by ,department of ,veterans ,affairs for emergency medical conditions and women in labor 7a7 ,in general ,subchapter ,,viii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by inserting after section #aghd the following new section3 #aghd;,a4 ,examination and treatment for emergency medical conditions and women in labor 7a7 ,in general ,in the case of a hospital of the ,department that has an emergency department1 if any individual comes to the hospital or the campus of the hospital and a request is made on behalf of the individual for examination or treatment for a medical condition1 the hospital must provide for an appropriate medical screening examination within the capability of the emergency department1 including ancillary services routinely available to the emergency department1 to determine whether or not an emergency medical condition exists4 7b7 ,necessary stabilizing treatment for emergency medical conditions and labor 7#a7 ,if any individual comes to a hospital of the ,department that has an emergency department or the campus of such a hospital and the hospital determines that the individual has an emergency medical condition1 the hospital must provide either-- 7,a7 within the staff and facilities available at the hospital1 for such further medical examination and such treatment as may be required to stabilize the medical condition2 or 7,b7 for transfer of the individual to another medical facility in accordance with subsection 7c74 7#b7 ,a hospital is deemed to meet the requirement of paragraph 7#a77;,a7 with respect to an individual if the hospital offers the individual the further medical examination and treatment described in that paragraph and informs the individual 7or a person acting on behalf of the individual7 of the risks and benefits to the individual of such examination and treatment1 but the individual 7or a person acting on behalf of the individual7 refuses to consent to the examination and treatment4 ,the hospital shall take all reasonable steps to secure the written informed consent of the individual 7or person7 to refuse such examination and treatment4 7#c7 ,a hospital is deemed to meet the requirement of paragraph 7#a77;,b7 with respect to an individual if the hospital offers to transfer the individual to another medical facility in accordance with subsection 7c7 and informs the individual 7or a person acting on behalf of the individual7 of the risks and benefits to the individual of such transfer1 but the individual 7or a person acting on behalf of the individual7 refuses to consent to the transfer4 ,the hospital shall take all reasonable steps to secure the written informed consent of the individual 7or person7 to refuse such transfer4 7c7 ,restricting transfers until individual stabilized 7#a7 ,if an individual at a hospital of the ,department has an emergency medical condition that has not been stabilized1 the hospital may not transfer the individual unless-- 7,a7 7i7 the individual 7or a legally responsible person acting on behalf of the individual71 after being informed of the obligations of the hospital under this section and of the risk of transfer1 requests1 in writing1 transfer to another medical facility2 7ii7 a physician of the ,department has signed a certification that1 based upon the information available at the time of transfer1 the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the individual and1 in the case of labor1 to the unborn child from effecting the transfer2 or 7iii7 if a physician of the ,department is not physically present in the emergency department at the time an individual is transferred1 a qualified medical person 7as defined by the ,secretary for purposes of this section7 has signed a certification described in clause 7ii7 after a physician of the ,department1 in consultation with the person1 has made the determination described in such clause1 and subsequently countersigns the certification2 and 7,b7 the transfer is an appropriate transfer to that facility4 7#b7 ,a certification described in clause 7ii7 or 7iii7 of paragraph 7#a77;,a7 shall include a summary of the risks and benefits upon which the certification is based4 7#c7 ,for purposes of paragraph 7#a77;,b71 an appropriate transfer to a medical facility is a transfer-- 7,a7 in which the transferring hospital provides the medical treatment within its capacity that minimizes the risks to the health of the individual and1 in the case of a woman in labor1 the health of the unborn child2 7,b7 in which the receiving facility-- 7i7 has available space and qualified personnel for the treatment of the individual2 and 7ii7 has agreed to accept transfer of the individual and to provide appropriate medical treatment2 7,c7 in which the transferring hospital sends to the receiving facility all medical records 7or copies thereof7 available at the time of the transfer relating to the emergency medical condition for which the individual has presented1 including-- 7i7 observations of signs or symptoms2 7ii7 preliminary diagnosis2 7iii7 treatment provided2 7iv7 the results of any tests2 and 7v7 the informed written request or certification 7or copy thereof7 provided under paragraph 7#a77;,a72 7,d7 in which the transfer is effected through qualified personnel and transportation equipment1 including the use of necessary and medically appropriate life support measures during the transfer2 and 7,e7 that meets such other requirements as the ,secretary considers necessary in the interest of the health and safety of the individual or individuals transferred4 7d7 ,payment to the ,department ,the ,secretary shall charge for any care or services provided under this section in accordance with billing and reimbursement authorities available to the ,secretary under other provisions of law4 7e7 ,definitions ,in this section3 7#a7 ,the term campus means1 with respect to a hospital of the ,department-- 7,a7 the physical area immediately adjacent to the main buildings of the hospital2 7,b7 other areas and structures that are not strictly contiguous to the main buildings but are located not more than #bej yards from the main buildings2 and 7,c7 any other areas determined by the ,secretary to be part of the campus of the hospital4 7#b7 ,the term emergency medical condition means-- 7,a7 a medical condition manifesting itself by acute symptoms of sufficient severity 7including severe pain7 such that the absence of immediate medical attention could reasonably be expected to result in-- 7i7 placing the health of the individual 7or1 with respect to a pregnant woman1 the health of the woman or her unborn child7 in serious jeopardy2 7ii7 serious impairment to bodily functions2 or 7iii7 serious dysfunction of any bodily organ or part2 or 7,b7 with respect to a pregnant woman who is having contractions-- 7i7 that there is inadequate time to effect a safe transfer to another hospital before delivery2 or 7ii7 that transfer may pose a threat to the health or safety of the woman or the unborn child4 7#c7 7,a7 ,the term to stabilize means-- 7i7 with respect to an emergency medical condition described in paragraph 7#b77;,a71 to provide such medical treatment of the condition as may be necessary to assure1 within reasonable medical probability1 that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility2 or 7ii7 with respect to an emergency medical condition described in paragraph 7#b77;,b71 to deliver 7including the placenta74 7,b7 ,the term stabilized means-- 7i7 with respect to an emergency medical condition described in paragraph 7#b77;,a71 that no material deterioration of the condition is likely1 within reasonable medical probability1 to result from or occur during the transfer of the individual from a facility2 or 7ii7 with respect to an emergency medical condition described in paragraph 7#b77;,b71 that the woman has delivered 7including the placenta74 7#d7 ,the term transfer means the movement 7including the discharge7 of an individual outside the facilities of a hospital of the ,department at the direction of any person employed by 7or affiliated or associated1 directly or indirectly1 with7 the hospital1 but does not include such a movement of an individual who-- 7,a7 has been declared dead2 or 7,b7 leaves the facility without the permission of any such person4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by inserting after the item relating to section #aghd the following new item3 ,sec4 #aghd;,a4 ,examination and treatment for emergency medical conditions and women in labor4 4 #bdg4 ,comptroller ,general audit of budget of ,veterans ,health ,administration 7a7 ,in general ,subchapter ,,ii of chapter #gc of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gccj;,b4 ,comptroller ,general audit of budget of ,veterans ,health ,administration 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall periodically conduct an audit of elements of the budget of the ,veterans ,health ,administration1 including the budget formulation1 execution1 allocation1 and use of funds4 7b7 ,selection of elements 7#a7 ,in selecting elements of the budget of the ,veterans ,health ,administration for purposes of an audit under subsection 7a71 the ,comptroller ,general shall take into consideration-- 7,a7 knowledge of the programs of the ,veterans ,health ,administration2 7,b7 current issues2 7,c7 national priorities2 and 7,d7 priorities expressed by the appropriate congressional committees4 7#b7 ,not later than #cj days before conducting an audit under subsection 7a71 the ,comptroller ,general shall submit to the appropriate congressional committees notice of the elements selected by the ,comptroller ,general for purposes of the audit4 7c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,veterans' ,affairs1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate2 and 7#b7 the ,committee on ,veterans' ,affairs1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gc of such title is amended by inserting after the item relating to section #gccj;,a the following new item3 #gccj;,b4 ,comptroller ,general audit of budget of ,veterans ,health ,administration4 4 #bdh4 ,annual report on ,veterans ,health ,administration and furnishing of hospital care1 medical services1 and nursing home care 7a7 ,in general ,subchapter ,,ii of chapter #gc of title #ch1 ,united ,states ,code1 as amended by section #bdg7;a71 is further amended by adding at the end the following new section3 #gccj;,c4 ,annual report on ,veterans ,health ,administration and furnishing of hospital care1 medical services1 and nursing home care 7a7 ,report required ,not later than ,march #a of each of years #bjah through #bjbb1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on1 for the calendar year preceding the calendar year during which the report is submitted-- 7#a7 the furnishing of hospital care1 medical services1 and nursing home care under the laws administered by the ,secretary2 and 7#b7 the administration of the furnishing of such care and services by the ,veterans ,health ,administration4 7b7 ,elements ,each report required by subsection 7a7 shall include each of the following for the year covered by the report3 7#a7 ,an evaluation of the effectiveness of the ,veterans ,health ,administration in increasing the access of veterans to hospital care1 medical services1 and nursing home care furnished by the ,secretary for which such veterans are eligible4 7#b7 ,an evaluation of the effectiveness of the ,veterans ,health ,administration in improving the quality of health care provided to veterans1 without increasing the costs incurred for such health care by the ,federal ,government or veterans1 including relevant information for each medical center and ,veterans ,integrated ,service ,network of the ,department set forth separately4 7#c7 ,an assessment of-- 7,a7 the workload of physicians and other employees of the ,veterans ,health ,administration2 7,b7 patient demographics and utilization rates2 7,c7 physician compensation2 7,d7 the productivity of physicians and other employees of the ,veterans ,health ,administration2 7,e7 the percentage of hospital care1 medical services1 and nursing home care provided to veterans in facilities of the ,department and in non-,department facilities and any changes in such percentages compared to the year preceding the year covered by the report2 7,f7 pharmaceutical prices2 and 7,g7 third-party health billings owed to the ,department1 including the total amount of such billings and the total amount collected by the ,department1 set forth separately for claims greater than #a1jjj and for claims equal to or less than #a1jjj4 7c7 ,definitions ,in this section1 the terms hospital care1 medical services1 nursing home care1 facilities of the ,department1 and non-,department facilities have the meanings given those terms in section #agja of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gc of such title1 as amended by section #bdg7;b71 is further amended by inserting after the item relating to section #gccj;,b the following new item3 #gccj;,c4 ,annual report on ,veterans ,health ,administration and furnishing of hospital care1 medical services1 and nursing home care4 4 ,f ,opioid therapy and pain management #bea4 ,guidelines on management of opioid therapy by ,department of ,veterans ,affairs and ,department of ,defense and implementation of such guidelines by ,department of ,veterans ,affairs 7a7 ,guidelines 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall jointly update the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain to include the following3 7,a7 ,guidelines developed by the ,centers for ,disease ,control and ,prevention for safely prescribing opioids for the treatment of chronic1 noncancer related pain in outpatient settings4 7,b7 ,enhanced guidance with respect to absolute contraindications for opioid therapy1 including guidance with respect to the following3 7i7 ,the coadministration of drugs1 including benzodiazepines1 that are capable of inducing a life-limiting drug-drug interaction4 7ii7 ,the treatment of patients with current acute psychiatric instability or substance use disorder or patients at risk of suicide4 7iii7 ,the use of opioid therapy to treat patients without any pain1 including to treat mental health disorders other than opioid use disorder4 7,c7 ,enhanced guidance with respect to the treatment of patients with behaviors or comorbidities1 such as post-traumatic stress disorder1 psychiatric disorders1 or a history of substance abuse or addiction1 that require consultation or comanagement of opioid therapy with one or more specialists in pain management1 mental health1 or addictions4 7,d7 ,enhanced guidance with respect to the conduct by health care providers of an effectiveness assessment for patients receiving opioid therapy1 including patients on long-term opioid therapy1 to determine-- 7i7 whether opioid therapy is meeting the expected goals of the patient and health care provider of relieving pain and improving function2 and 7ii7 whether opioid therapy should be continued4 7,e7 ,requirements that each health care provider of the ,department of ,veterans ,affairs1 before initiating opioid therapy to treat a patient1 use the ,opioid ,therapy ,risk ,report tool of the ,department1 including by accessing the most recent patient information from the prescription drug monitoring program of each ,state1 as required to be included in such tool under section #beb7;d77#a71 to assess the risk for adverse outcomes of opioid therapy for the patient1 including the concurrent use of controlled substances such as benzodiazepines1 as part of the comprehensive assessment conducted by the health care provider4 7,f7 ,guidelines to inform the methodologies used by health care providers of the ,department of ,veterans ,affairs and the ,department of ,defense to safely titrate and taper opioid therapy when adjusting or discontinuing the use of opioid therapy1 including-- 7i7 prescription of the lowest effective dose based on patient need2 7ii7 use of opioids only for a limited period of time2 and 7iii7 augmentation of opioid therapy with other pain management therapies and modalities4 7,g7 ,enhanced recommendations with respect to the use of routine and random urine drug tests for all patients before and during opioid therapy to help prevent substance abuse1 dependence1 and diversion1 including-- 7i7 that such tests should occur not less frequently than annually or as otherwise determined according to patient treatment protocols2 and 7ii7 that health care providers should appropriately interpret and respond to the results from such tests to tailor pain therapy1 safeguards1 and risk management strategies to each patient4 7,h7 ,guidance that health care providers discuss with patients1 before initiating opioid therapy1 options for pain management therapies without the use of opioids and options to augment opioid therapy with other clinical and complementary and integrative health services to minimize opioid dependence4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to prevent the ,secretary of ,veterans ,affairs and the ,secretary of ,defense from considering all relevant evidence1 as appropriate1 in updating the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 as required under paragraph 7#a71 or from ensuring that the final clinical practice guideline updated under such paragraph remains applicable to the patient populations of the ,department of ,veterans ,affairs and the ,department of ,defense4 7b7 ,consultation before update ,before updating the clinical practice guideline under subsection 7a71 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall jointly consult with the ,pain ,management ,working ,group of the ,health ,executive ,committee of the ,department of ,veterans ,affairs-,department of ,defense ,joint ,executive ,committee established under section #cbj of title #ch1 ,united ,states ,code4 7c7 ,controlled substance defined ,in this section1 the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 #beb4 ,improvement of opioid safety measures by ,department of ,veterans ,affairs 7a7 ,expansion of ,opioid ,safety ,initiative ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall expand the ,opioid ,safety ,initiative of the ,department of ,veterans ,affairs to include all medical facilities of the ,department4 7b7 ,pain management education and training 7#a7 ,in general ,in carrying out the ,opioid ,safety ,initiative of the ,department1 the ,secretary shall require all employees of the ,department responsible for prescribing opioids to receive education and training described in paragraph 7#b74 7#b7 ,education and training ,education and training described in this paragraph is education and training on pain management and safe opioid prescribing practices for purposes of safely and effectively managing patients with chronic pain1 including education and training on the following3 7,a7 ,the implementation of and full compliance with the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 including any update to such guideline4 7,b7 ,the use of evidence-based pain management therapies1 including cognitive-behavioral therapy1 nonopioid alternatives1 and non-drug methods and procedures for managing pain and related health conditions including complementary and integrative health services4 7,c7 ,screening and identification of patients with substance use disorder1 including drug-seeking behavior1 before prescribing opioids1 assessment of the risk potential for patients developing an addiction1 and referral of patients to appropriate addiction treatment professionals if addiction is identified or strongly suspected4 7,d7 ,communication with patients on the potential harm associated with the use of opioids and other controlled substances1 including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances4 7,e7 ,such other education and training as the ,secretary considers appropriate to ensure that veterans receive safe and high-quality pain management care from the ,department4 7#c7 ,use of existing program ,in providing education and training described in paragraph 7#b71 the ,secretary shall use the ,interdisciplinary ,chronic ,pain ,management ,training ,team ,program of the ,department 7or any successor program74 7c7 ,pain management teams 7#a7 ,in general ,in carrying out the ,opioid ,safety ,initiative of the ,department1 the director of each medical facility of the ,department shall identify and designate a pain management team of health care professionals1 which may include board certified pain medicine specialists1 responsible for coordinating and overseeing pain management therapy at such facility for patients experiencing acute and chronic pain that is noncancer related4 7#b7 ,establishment of protocols 7,a7 ,in general ,in consultation with the ,directors of the ,veterans ,integrated ,service ,networks1 the ,secretary shall establish standard protocols for the designation of pain management teams at each medical facility of the ,department4 7,b7 ,consultation on prescription of opioids ,each protocol established for a medical facility under subparagraph 7,a7 shall ensure that any health care provider without expertise in prescribing analgesics or who has not completed the education and training under subsection 7b71 such as a mental health care provider1 does not prescribe opioids to a patient unless that health care provider-- 7i7 consults with a health care provider with pain management expertise or who is on the pain management team of the medical facility2 and 7ii7 refers the patient to that pain management team for any subsequent prescriptions and related therapy4 7#c7 ,report 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the director of each medical facility of the ,department shall submit to the ,under ,secretary for ,health of the ,department and the ,director of the ,veterans ,integrated ,service ,network in which the medical facility is located a report identifying the health care professionals that have been designated as members of the pain management team at the medical facility under paragraph 7#a74 7,b7 ,elements ,each report submitted under subparagraph 7,a7 with respect to a medical facility of the ,department shall include-- 7i7 a certification as to whether all members of the pain management team at the medical facility have completed the education and training required under subsection 7b72 7ii7 a plan for the management and referral of patients to such pain management team if health care providers without expertise in prescribing analgesics prescribe opioid medications to treat acute and chronic pain that is noncancer related2 and 7iii7 a certification as to whether the medical facility-- 7,i7 fully complies with the stepped-care model of pain management and other pain management policies of the ,department2 or 7,,ii7 does not fully comply with the stepped-care model of pain management and other pain management policies of the ,department but is carrying out a corrective plan of action to ensure such full compliance4 7d7 ,tracking and monitoring of opioid use 7#a7 ,prescription drug monitoring programs of ,states ,in carrying out the ,opioid ,safety ,initiative and the ,opioid ,therapy ,risk ,report tool of the ,department1 the ,secretary shall-- 7,a7 ensure access by health care providers of the ,department to information on controlled substances1 including opioids and benzodiazepines1 prescribed to veterans who receive care outside the ,department through the prescription drug monitoring program of each ,state with such a program1 including by seeking to enter into memoranda of understanding with ,states to allow shared access of such information between ,states and the ,department2 7,b7 include such information in the ,opioid ,therapy ,risk ,report tool of the ,department2 and 7,c7 require health care providers of the ,department to submit to the prescription drug monitoring program of each ,state with such a program information on prescriptions of controlled substances received by veterans in that ,state under the laws administered by the ,secretary4 7#b7 ,report on tracking of data on opioid use ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the feasibility and advisability of improving the ,opioid ,therapy ,risk ,report tool of the ,department to allow for more advanced real-time tracking of and access to data on-- 7,a7 the key clinical indicators with respect to the totality of opioid use by veterans2 7,b7 concurrent prescribing by health care providers of the ,department of opioids in different health care settings1 including data on concurrent prescribing of opioids to treat mental health disorders other than opioid use disorder2 and 7,c7 mail-order prescriptions of opioids prescribed to veterans under the laws administered by the ,secretary4 7e7 ,availability of opioid receptor antagonists 7#a7 ,increased availability and use 7,a7 ,in general ,the ,secretary shall increase the availability of opioid receptor antagonists approved by the ,food and ,drug ,administration1 such as naloxone1 to veterans4 7,b7 ,availability1 training1 and distribution ,in carrying out subparagraph 7,a71 the ,secretary shall1 not later than #ij days after the date of the enactment of this ,act-- 7i7 equip each pharmacy of the ,department with opioid receptor antagonists approved by the ,food and ,drug ,administration to be dispensed to outpatients as needed2 and 7ii7 expand the ,overdose ,education and ,naloxone ,distribution program of the ,department to ensure that all veterans in receipt of health care under the laws administered by the ,secretary who are at risk of opioid overdose may access such opioid receptor antagonists and training on the proper administration of such opioid receptor antagonists4 7,c7 ,veterans who are at risk ,for purposes of subparagraph 7,b71 veterans who are at risk of opioid overdose include-- 7i7 veterans receiving long-term opioid therapy2 7ii7 veterans receiving opioid therapy who have a history of substance use disorder or prior instances of overdose2 and 7iii7 veterans who are at risk as determined by a health care provider who is treating the veteran4 7#b7 ,report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on compliance with paragraph 7#a7 that includes an assessment of any remaining steps to be implemented by the ,secretary to comply with such paragraph4 7f7 ,inclusion of certain information and capabilities in ,opioid ,therapy ,risk ,report tool 7#a7 ,information ,the ,secretary shall include in the ,opioid ,therapy ,risk ,report tool of the ,department-- 7,a7 information on the most recent time the tool was accessed by a health care provider of the ,department with respect to each veteran2 and 7,b7 information on the results of the most recent urine drug test for each veteran4 7#b7 ,capabilities ,the ,secretary shall include in the ,opioid ,therapy ,risk ,report tool the ability of health care providers of the ,department to determine whether a health care provider of the ,department prescribed opioids to a veteran without checking the information in the tool with respect to the veteran4 7g7 ,notification of risk in computerized health record ,the ,secretary shall modify the ,computerized ,patient ,record ,system of the ,department to ensure that any health care provider that accesses the record of a veteran1 regardless of the reason the veteran seeks care from the health care provider1 will be immediately notified whether the veteran-- 7#a7 is receiving opioid therapy and has a history of substance use disorder or prior instances of overdose2 7#b7 has a history of opioid abuse2 or 7#c7 is at risk of becoming an opioid abuser as determined by a health care provider who is treating the veteran4 7h7 ,definitions ,in this section3 7#a7 ,controlled substance ,the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,state ,the term ,state means each of the several ,states1 territories1 and possessions of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #bec4 ,enhancement of joint working group on pain management of the ,department of ,veterans ,affairs and the ,department of ,defense 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall ensure that the ,pain ,management ,working ,group of the ,health ,executive ,committee of the ,department of ,veterans ,affairs-,department of ,defense ,joint ,executive ,committee established under section #cbj of title #ch1 ,united ,states ,code1 includes a focus on the following3 7#a7 ,the opioid prescribing practices of health care providers of each ,department4 7#b7 ,the ability of each ,department to manage acute and chronic pain among individuals receiving health care from that ,department1 including training health care providers with respect to pain management4 7#c7 ,the use by each ,department of complementary and integrative health in treating such individuals4 7#d7 ,the concurrent use by health care providers of each ,department of opioids for patients who take prescription drugs1 including benzodiazepines1 to treat mental health disorders4 7#e7 ,the use of care transition plans by health care providers of each ,department to address case management issues for patients receiving opioid therapy who transition between inpatient and outpatient settings4 7#f7 ,the coordination in coverage of and consistent access to medications prescribed for patients transitioning from receiving health care from the ,department of ,defense to receiving health care from the ,department of ,veterans ,affairs4 7#g7 ,the ability of each ,department to properly screen1 identify1 and refer for treatment patients with substance abuse disorders who are seeking treatment for acute and chronic pain management conditions4 7b7 ,coordination and consultation ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall ensure that the working group described in subsection 7a7-- 7#a7 coordinates the activities of the working group with other relevant working groups established under section #cbj of title #ch1 ,united ,states ,code1 including the working groups on evidence based practice1 patient safety1 pharmacy1 and psychological health2 7#b7 consults with other relevant ,federal agencies1 including the ,centers for ,disease ,control and ,prevention1 with respect to the activities of the working group2 7#c7 consults with the ,department of ,veterans ,affairs and the ,department of ,defense with respect to the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 or any successor guideline1 before any update to the guideline is released2 and 7#d7 reviews and comments on the guideline described in paragraph 7#c7 before any update to such guideline is released4 7c7 ,consultation ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall ensure that the working group described in subsection 7a7 is able to meaningfully consult with respect to the updated guideline required under subsection 7a7 of section #bea1 as required by subsection 7b7 of such section1 not later than one year after the date of the enactment of this ,act4 #bed4 ,review1 investigation1 and report on use of opioids in treatment by ,department of ,veterans ,affairs 7a7 ,comptroller ,general report 7#a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the ,opioid ,safety ,initiative of the ,department of ,veterans ,affairs and the opioid prescribing practices of health care providers of the ,department4 7#b7 ,elements ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of the implementation and monitoring by the ,veterans ,health ,administration of the ,opioid ,safety ,initiative of the ,department1 including examining1 as appropriate1 the following3 7i7 ,how the ,department monitors the key clinical outcomes of such safety initiative 7for example1 the percentage of unique veterans visiting each medical center of the ,department that are prescribed an opioid or an opioid and benzodiazepine concurrently7 and how the ,department uses that information-- 7,i7 to improve prescribing practices2 and 7,,ii7 to identify high prescribing or otherwise inappropriate prescribing practices by health care providers4 7ii7 ,how the ,department monitors the use of the ,opioid ,therapy ,risk ,report tool of the ,department 7as developed through such safety initiative7 and compliance with such tool by medical facilities and health care providers of the ,department1 including any findings by the ,department of prescription rates or prescription practices by medical facilities or health care providers that are inappropriate4 7iii7 ,the implementation of academic detailing programs within the ,veterans ,integrated ,service ,networks of the ,department and how such programs are being used to improve opioid prescribing practices4 7,b7 ,information with respect to known deaths resulting from sentinel events involving veterans prescribed opioids by a health care provider of the ,department4 7,c7 ,information made available under the ,opioid ,therapy ,risk ,report tool of the ,department with respect to the following3 7i7 ,overall prescription rates and1 if available1 indications used by health care providers for prescribing chronic opioid therapy to treat noncancer1 non-palliative care1 and non-hospice care patients4 7ii7 ,the prescription rates and indications used by health care providers of the ,department for prescribing benzodiazepines and chronic opioid therapy concurrently4 7iii7 ,the practice by health care providers of the ,department of prescribing opioids to treat patients without any known pain1 including to treat patients with mental health disorders other than an opioid use disorder4 7,d7 ,an evaluation of processes of the ,department to oversee opioid use among veterans1 including processes to identify and remedy potential overprescribing of opioids by health care providers of the ,department1 and an evaluation of the use and effectiveness of such processes4 7,e7 ,an evaluation of processes of the ,department to oversee and ensure the implementation by medical centers of the ,department of the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy1 as updated under section #bea7;a71 including any figures or approaches used by the ,department to assess implementation and compliance with such guideline by medical centers and whether any medical centers are operating action plans to improve compliance with such guideline4 7,f7 ,an assessment of the data that the ,department has developed to review the opioid prescribing practices of health care providers of the ,department1 as required by this subtitle1 including a review of how the ,department identifies the practices of individual health care providers that warrant further review based on-- 7i7 prescribing levels2 7ii7 health conditions for which the health care provider is prescribing opioids or opioids and benzodiazepines concurrently2 or 7iii7 other practices of the health care provider4 7b7 ,review of prescription rates ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary of ,veterans ,affairs shall1 with respect to each medical facility of the ,department of ,veterans ,affairs1 collect and review information on opioids prescribed by health care providers at the facility to treat noncancer1 non-palliative care1 and non-hospice care patients1 including information on-- 7#a7 the prescription rate at which each health care provider at the facility prescribed opioids1 and benzodiazepines and opioids concurrently1 to such patients and the aggregate of such prescription rates for all health care providers at the facility2 7#b7 the prescription rate at which each health care provider at the facility prescribed benzodiazepines or opioids to such patients to treat conditions for which benzodiazepines or opioids are not a recommended treatment and the aggregate of such prescription rates for all health care providers at the facility2 7#c7 the prescription rate at which each health care provider at the facility prescribed or dispensed mail-order prescriptions of opioids to such patients while such patients were being treated with opioids on an inpatient-basis and the aggregate of such prescription rates for all health care providers at the facility2 and 7#d7 the prescription rate at which each health care provider at the facility prescribed opioids to such patients who were also concurrently prescribed opioids by a health care provider who is not a health care provider of the ,department and the aggregate of such prescription rates for all health care providers at the facility4 7c7 ,investigation of prescription rates ,if the ,secretary determines that a prescription rate described in subsection 7b7 with respect to a health care provider or medical facility of the ,department conflicts with or is otherwise inconsistent with the standards of appropriate and safe care1 the ,secretary shall-- 7#a7 through the ,office of the ,medical ,inspector of the ,veterans ,health ,administration1 conduct a full investigation of the health care provider or medical facility1 as the case may be2 7#b7 immediately notify the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of the ,senate and the ,house of ,representatives who represents the area in which the health care provider or medical facility1 as the case may be1 is located2 and 7#c7 include information relating to such determination1 prescription rate1 and health care provider or medical facility1 as the case may be1 in the report required under subsection 7d74 7d7 ,report on opioid therapy 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter through #bjbf1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report that contains1 for the one-year period preceding the submittal of the report1 the following3 7,a7 ,the number of patients and the percentage of the patient population of the ,department of ,veterans ,affairs who were prescribed opioids1 and benzodiazepines and opioids concurrently1 by a health care provider of the ,department4 7,b7 ,the number of patients and the percentage of the patient population of the ,department without any documented pain who were prescribed opioids by a health care provider of the ,department1 including those who were prescribed benzodiazepines and opioids concurrently4 7,c7 ,the number of noncancer1 non-palliative care1 and non-hospice care patients and the percentage of such patients who were treated with opioids by a health care provider of the ,department on an inpatient-basis and who were also sent prescription opioids by mail by the ,department while being treated on an inpatient-basis4 7,d7 ,the number of noncancer1 non-palliative care1 and non-hospice care patients and the percentage of such patients who were prescribed opioids concurrently by a health care provider of the ,department and a health care provider who is not a health care provider of the ,department4 7,e7 ,with respect to each medical facility of the ,department1 the number of times a pharmacist at the facility overrode a critical drug interaction warning with respect to an interaction between opioids and another medication before dispensing such other medication to a veteran4 7,f7 ,the results of the review conducted under subsection 7b7 7including a summary of such review at the ,veterans ,integrated ,service ,network level7 and the investigation conducted under subsection 7c7 7including information described in subsection 7c77#c771 compiled in such a manner as the ,secretary determines appropriate to ensure that the information is easily accessible4 7#b7 ,subsequent reports ,each report submitted under paragraph 7#a7 after the date that is two years after the date of the enactment of this ,act shall include an assessment of the compliance of the ,department with the ,,va_/,,dod ,clinical ,practice ,guideline for ,management of ,opioid ,therapy for ,chronic ,pain1 including any update to such guideline4 7e7 ,prescription rate defined ,in this section1 the term prescription rate means1 with respect to a health care provider or medical facility of the ,department1 each of the following3 7#a7 ,the number of patients treated with opioids by the health care provider or at the medical facility1 as the case may be1 divided by the total number of pharmacy users of that health care provider or medical facility4 7#b7 ,the average number of morphine equivalents per day prescribed by the health care provider or at the medical facility1 as the case may be1 to patients being treated with opioids4 7#c7 ,of the patients being treated with opioids by the health care provider or at the medical facility1 as the case may be1 the average number of prescriptions of opioids per patient4 #bee4 ,elimination of copayment requirement for veterans receiving opioid antagonists or education on use of opioid antagonists 7a7 ,copayment for opioid antagonists ,section #agbb;,a7a7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#d7 ,paragraph 7#a7 does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose4 4 7b7 ,copayment for education on use of opioid antagonists ,section #agaj7;g77#c7 of such title is amended-- 7#a7 by striking with respect to home health services and inserting 8with respect to the following3 7,a7 ,home health services 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,education on the use of opioid antagonists to reverse the effects of overdoses of specific medications or substances4 4 ,g ,patient advocacy and outreach #bfa4 ,establishment of ,office of ,patient ,advocacy of the ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #gc of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gcji;,a4 ,office of ,patient ,advocacy 7a7 ,establishment ,there is established in the ,department within the ,office of the ,under ,secretary for ,health an office to be known as the ,office of ,patient ,advocacy 7in this section referred to as the ,office74 7b7 ,head 7#a7 ,the ,director of the ,office of ,patient ,advocacy shall be the head of the ,office4 7#b7 ,the ,director of the ,office of ,patient ,advocacy shall be appointed by the ,under ,secretary for ,health from among individuals qualified to perform the duties of the position and shall report directly to the ,under ,secretary for ,health4 7c7 ,function 7#a7 ,the function of the ,office is to carry out the ,patient ,advocacy ,program of the ,department4 7#b7 ,in carrying out the ,patient ,advocacy ,program of the ,department1 the ,director shall ensure that patient advocates of the ,department-- 7,a7 advocate on behalf of veterans with respect to health care received and sought by veterans under the laws administered by the ,secretary2 7,b7 carry out the responsibilities specified in subsection 7d72 and 7,c7 receive training in patient advocacy4 7d7 ,patient advocacy responsibilities ,the responsibilities of each patient advocate at a medical facility of the ,department are the following3 7#a7 ,to resolve complaints by veterans with respect to health care furnished under the laws administered by the ,secretary that cannot be resolved at the point of service or at a higher level easily accessible to the veteran4 7#b7 ,to present at various meetings and to various committees the issues experienced by veterans in receiving such health care at such medical facility4 7#c7 ,to express to veterans their rights and responsibilities as patients in receiving such health care4 7#d7 ,to manage the ,patient ,advocate ,tracking ,system of the ,department at such medical facility4 7#e7 ,to compile data at such medical facility of complaints made by veterans with respect to the receipt of such health care at such medical facility and the satisfaction of veterans with such health care at such medical facility to determine whether there are trends in such data4 7#f7 ,to ensure that a process is in place for the distribution of the data compiled under paragraph 7#e7 to appropriate leaders1 committees1 services1 and staff of the ,department4 7#g7 ,to identify1 not less frequently than quarterly1 opportunities for improvements in the furnishing of such health care to veterans at such medical facility based on complaints by veterans4 7#h7 ,to ensure that any significant complaint by a veteran with respect to such health care is brought to the attention of appropriate staff of the ,department to trigger an assessment of whether there needs to be a further analysis of the problem at the facility-wide level4 7#i7 ,to support any patient advocacy programs carried out by the ,department4 7#aj7 ,to ensure that all appeals and final decisions with respect to the receipt of such health care are entered into the ,patient ,advocate ,tracking ,system of the ,department4 7#aa7 ,to understand all laws1 directives1 and other rules with respect to the rights and responsibilities of veterans in receiving such health care1 including the appeals processes available to veterans4 7#ab7 ,to ensure that veterans receiving mental health care1 or the surrogate decision-makers for such veterans1 are aware of the rights of veterans to seek representation from systems established under section #ajc of the ,protection and ,advocacy for ,mentally ,ill ,individuals ,act of #aihf 7#db ,u4,s4,c4 #ajhjc7 to protect and advocate the rights of individuals with mental illness and to investigate incidents of abuse and neglect of such individuals4 7#ac7 ,to fulfill requirements established by the ,secretary with respect to the inspection of controlled substances4 7#ad7 ,to document potentially threatening behavior and report such behavior to appropriate authorities4 7e7 ,training ,in providing training to patient advocates under subsection 7c77#b77;,c71 the ,director shall ensure that such training is consistent throughout the ,department4 7f7 ,controlled substance defined ,in this section1 the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gc of such title is amended by inserting after the item relating to section #gcji the following new item3 #gcji;,a4 ,office of ,patient ,advocacy4 4 7c7 ,date fully operational ,the ,secretary of ,veterans ,affairs shall ensure that the ,office of ,patient ,advocacy established under section #gcji;,a of title #ch1 ,united ,states ,code1 as added by subsection 7a71 is fully operational not later than the date that is one year after the date of the enactment of this ,act4 #bfb4 ,community meetings on improving care from ,department of ,veterans ,affairs 7a7 ,community meetings 7#a7 ,medical centers ,not later than #ij days after the date of the enactment of this ,act1 and not less frequently than once every #ij days thereafter1 each medical center of the ,department of ,veterans ,affairs shall host a community meeting open to the public on improving health care from the ,department4 7#b7 ,community-based outpatient clinics ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 each community-based outpatient clinic of the ,department shall host a community meeting open to the public on improving health care from the ,department4 7b7 ,attendance by ,director of ,veterans ,integrated ,service ,network or designee 7#a7 ,in general ,subject to paragraph 7#b71 each community meeting hosted by a medical center or community-based outpatient clinic under subsection 7a7 shall be attended by the ,director of the ,veterans ,integrated ,service ,network in which the medical center or community-based outpatient clinic1 as the case may be1 is located1 or an employee designated by the ,director who works in the office of the ,director4 7#b7 ,attendance by ,director ,each ,director of a ,veterans ,integrated ,service ,network shall attend not fewer than one community meeting under subsection 7a7 hosted by each medical center located in the ,veterans ,integrated ,service ,network each year4 7c7 ,notice ,with respect to any community meeting at a medical facility of the ,department under subsection 7a71 the ,secretary of ,veterans ,affairs shall notify the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of ,congress who represents the area in which the medical facility is located of such meeting not later than #aj days before such meeting occurs4 #bfc4 ,outreach to veterans regarding effect of certain delayed payments by ,chief ,business ,office of ,department of ,veterans ,affairs 7a7 ,outreach 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall conduct outreach1 including through national and local veterans service organizations1 to inform veterans of how to resolve credit issues caused by delayed payment of a claim for emergency hospital care1 medical services1 or other emergency health care furnished through a non-,department of ,veterans ,affairs provider4 7#b7 ,telephone number ,the ,secretary shall establish a toll-free telephone number for veterans to report credit issues described in paragraph 7#a7 to the ,chief ,business ,office of the ,department of ,veterans ,affairs4 7b7 ,annual report 7#a7 ,report required 7,a7 ,in general ,during the five-year period beginning on the date of the enactment of this ,act1 the ,secretary shall annually submit to ,congress a report on the effectiveness of the ,chief ,business ,office of the ,department in providing timely payment of proper invoices for emergency hospital care1 medical services1 or other emergency health care furnished through non-,department providers by the required payment date during both the five-year period preceding the date of the report and the one-year period preceding such date4 7,b7 ,payments by ,v,i,s,ns ,for any part of the period covered by a report under this subsection that occurred before ,october #a1 #bjad1 the report shall evaluate the provision of payments described in subparagraph 7,a7 by the ,veterans ,integrated ,service ,networks4 7#b7 ,matters included ,each report submitted under paragraph 7#a7 shall include1 for each period covered by the report1 the following3 7,a7 ,the number of veterans who contacted the ,secretary regarding a delayed payment that negatively affected1 or will potentially negatively affect1 the credit of the veteran4 7,b7 ,the total amount of interest penalties paid by the ,secretary under section #cijb of title #ca1 ,united ,states ,code1 by reason of a delayed payment4 7,c7 ,the number of proper invoices submitted1 listed in a table for each quarter and fiscal year of each such period that includes-- 7i7 the total amount owed by the ,secretary under the proper invoices2 7ii7 the payment status of each proper invoice1 as of the date of the report2 and 7iii7 the period that elapsed until each proper invoice was paid1 including an explanation of any delayed payment4 7,d7 ,any comments by the ,secretary regarding delayed payments made by health care providers4 7,e7 ,a description of the best practices that the ,chief ,business ,office of the ,department uses to provide timely payment of proper invoices1 including a plan to improve such timely payments4 7c7 ,quarterly reports on pending claims 7#a7 ,in general ,during the five-year period beginning on the date of the enactment of this ,act1 the ,chief ,business ,office of the ,department shall submit to ,congress quarterly reports on the number of pending claims for reimbursement for emergency hospital care1 medical services1 and other emergency health care furnished through non-,department providers4 7#b7 ,elements ,each report submitted under paragraph 7#a7 shall include1 with respect to pending claims described in such paragraph1 the following3 7,a7 ,the total number of such pending claims for each hospital system of the ,department1 as of the last day of the quarter covered by the report4 7,b7 ,the total number of veterans who submitted such a pending claim in each ,state1 as of such day4 7,c7 ,the aggregate amount of all such pending claims in each ,state1 as of such day4 7,d7 ,as of such day-- 7i7 the number of such pending claims that have been pending for #cj days or longer2 7ii7 the number of such pending claims that have been pending for #ij days or longer2 and 7iii7 the number of such pending claims that have been pending for one year or longer4 7,e7 ,for each hospital system1 for the quarter covered by the report-- 7i7 the number of claims for reimbursement for emergency hospital care1 medical services1 and other emergency health care furnished through non-,department providers approved during such quarter2 7ii7 the number of such claims denied during such quarter2 and 7iii7 the number of such claims denied listed by each denial reason group4 7d7 ,comptroller ,general study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study that evaluates the effectiveness of the ,chief ,business ,office of the ,department in providing timely payment of proper invoices for emergency hospital care1 medical services1 or other emergency health care furnished through non-,department providers by the required payment date4 7#b7 ,submittal ,the ,comptroller ,general shall submit to ,congress a report on the study conducted under paragraph 7#a71 including the total amount of interest penalties paid by the ,secretary under section #cijb of title #ca1 ,united ,states ,code1 by reason of a delayed payment4 7e7 ,definitions ,in this section3 7#a7 ,the term delayed payment means a proper invoice that is not paid by the ,secretary of ,veterans ,affairs until after the required payment date4 7#b7 ,the term proper invoice has the meaning given that term in section #cija7;a7 of title #ca1 ,united ,states ,code4 7#c7 ,the term required payment date means the date that payment is due under a contract pursuant to section #cijc7;a7 of title #ca1 ,united ,states ,code4 #bfd4 ,improvement of awareness of patient advocacy program and patient bill of rights of ,department of ,veterans ,affairs ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall1 in as many prominent locations as appropriate to be seen by the largest percentage of patients and family members of patients at each medical facility of the ,department of ,veterans ,affairs-- 7#a7 display the purposes of the ,patient ,advocacy ,program of the ,department and the contact information for the patient advocate at such medical facility2 and 7#b7 display the rights and responsibilities of-- 7,a7 patients and family members of patients at such medical facility2 and 7,b7 with respect to community living centers and other residential facilities of the ,department1 residents and family members of residents at such medical facility4 #bfe4 ,comptroller ,general ,report on ,patient ,advocacy ,program of ,department of ,veterans ,affairs 7a7 ,in general ,not later than three years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the ,patient ,advocacy ,program of the ,department of ,veterans ,affairs 7in this section referred to as the ,program74 7b7 ,elements ,the report required by subsection 7a7-- 7#a7 shall include-- 7,a7 such recommendations and proposals for improving or modifying the ,program as the ,comptroller ,general considers appropriate2 and 7,b7 such other information with respect to the ,program as the ,comptroller ,general considers appropriate2 and 7#b7 may include-- 7,a7 a description of the ,program1 including-- 7i7 the purposes of the ,program2 7ii7 the activities carried out under the ,program2 and 7iii7 an assessment by the ,secretary of ,veterans ,affairs of the sufficiency of the ,program in achieving the purposes of the ,program2 7,b7 an assessment of the sufficiency of staffing of employees of the ,department responsible for carrying out the ,program2 7,c7 an assessment of the sufficiency of the training of such employees2 and 7,d7 an assessment of-- 7i7 awareness of the ,program among veterans and their family members2 and 7ii7 the use of the ,program by veterans and their family members4 ,h ,administration of non-,department health care #bga4 ,payment of non-,department of ,veterans ,affairs health care providers 7a7 ,payment of providers 7#a7 ,in general ,subchapter ,i of chapter #ag of title #ch1 ,united ,states ,code1 is amended by inserting after section #agjc the following new section3 #agjc;,a4 ,payment of non-,department health care providers 7a7 ,prompt payment compliance ,the ,secretary shall ensure that payments made to non-,department health care providers pursuant to an agreement under this chapter comply with chapter #ci of title #ca 7commonly referred to as the ,prompt ,payment ,act7 and the requirements of this section4 ,if there is a conflict between the requirements of the ,prompt ,payment ,act and the requirements of this section1 the ,secretary shall comply with the requirements of this section4 7b7 ,submittal of claim 7#a7 ,a non-,department health care provider that seeks reimbursement under this section for care or services furnished under the laws administered by the ,secretary shall submit to the ,secretary a claim for reimbursement not later than #ahj days after furnishing such care or services4 7#b7 ,on and after ,january #a1 #bjai1 the ,secretary shall not accept any claim under this section that is submitted to the ,secretary in a manner other than electronically4 7c7 ,payment schedule 7#a7 ,the ,secretary shall reimburse a non-,department health care provider for care or services furnished under the laws administered by the ,secretary-- 7,a7 in the case of a clean claim submitted to the ,secretary electronically1 not later than #cj days after receiving the claim2 or 7,b7 in the case of a clean claim submitted to the ,secretary in a manner other than electronically1 not later than #de days after receiving the claim4 7#b7 7,a7 ,if the ,secretary determines that a claim received from a non-,department health care provider for care or services furnished under the laws administered by the ,secretary is a non-clean claim1 the ,secretary shall submit to the provider1 not later than #cj days after receiving the claim-- 7i7 a notification that the claim is a non-clean claim2 7ii7 an explanation of why the claim has been determined to be a non-clean claim2 and 7iii7 an identification of the information or documentation that is required to make the claim a clean claim4 7,b7 ,if the ,secretary does not comply with the requirements of subparagraph 7,a7 with respect to a claim1 the claim shall be deemed a clean claim for purposes of paragraph 7#a74 7#c7 ,upon receipt by the ,secretary of information or documentation described in subparagraph 7,a77iii7 with respect to a claim1 the ,secretary shall reimburse a non-,department health care provider for care or services furnished under the laws administered by the ,secretary-- 7,a7 in the case of a claim submitted to the ,secretary electronically1 not later than #cj days after receiving such information or documentation2 or 7,b7 in the case of a claim submitted to the ,secretary in a manner other than electronically1 not later than #de days after receiving such information or documentation4 7#d7 ,if the ,secretary fails to comply with the deadlines for payment set forth in this subsection with respect to a claim1 interest shall accrue on the amount owed under such claim in accordance with section #cijb of title #ca1 ,united ,states ,code4 7d7 ,information and documentation required 7#a7 ,the ,secretary shall provide to all non-,department health care providers that furnish care or services under the laws administered by the ,secretary a list of information and documentation that is required to establish a clean claim under this section4 7#b7 ,the ,secretary shall consult with entities in the health care industry1 in the public and private sector1 to determine the information and documentation to include in the list under paragraph 7#a74 7#c7 ,if the ,secretary modifies the information and documentation included in the list under paragraph 7#a71 the ,secretary shall notify all non-,department health care providers that furnish care or services under the laws administered by the ,secretary not later than #cj days before such modifications take effect4 7e7 ,definitions ,in this section3 7#a7 ,the term clean claim means a claim for reimbursement for care or services furnished by a non-,department health care provider under the laws administered by the ,secretary1 on a nationally recognized standard format1 that includes the information and documentation necessary to adjudicate the claim4 7#b7 ,the term non-clean claim means a claim for reimbursement for care or services furnished by a non-,department health care provider under the laws administered by the ,secretary1 on a nationally recognized standard format1 that does not include the information and documentation necessary to adjudicate the claim4 7#c7 ,the term non-,department health care provider means a health care provider that is not a health care provider of the ,department4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title is amended by inserting after the item related to section #agjc the following new item3 #agjc;,a4 ,payment of non-,department health care providers4 4 7b7 ,electronic submittal of claims for reimbursement 7#a7 ,prohibition on acceptance of non-electronic claims 7,a7 ,in general ,except as provided in subparagraph 7,b71 on and after ,january #a1 #bjai1 the ,secretary of ,veterans ,affairs shall not accept any claim for reimbursement under section #agjc;,a of title #ch1 ,united ,states ,code1 as added by subsection 7a71 that is submitted to the ,secretary in a manner other than electronically1 including medical records in connection with such a claim4 7,b7 ,exception ,if the ,secretary determines that accepting claims and medical records in a manner other than electronically is necessary for the timely processing of claims for reimbursement under such section #agjc;,a due to a failure or malfunction of the electronic interface established under paragraph 7#b71 the ,secretary-- 7i7 may accept claims and medical records in a manner other than electronically for a period not to exceed #ij days2 and 7ii7 shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report setting forth-- 7,i7 the reason for accepting claims and medical records in a manner other than electronically2 7,,ii7 the duration of time that the ,department of ,veterans ,affairs will accept claims and medical records in a manner other than electronically2 and 7,,iii7 the steps that the ,department is taking to resolve such failure or malfunction4 7#b7 ,electronic interface 7,a7 ,in general ,not later than ,january #a1 #bjai1 the ,chief ,information ,officer of the ,department of ,veterans ,affairs shall establish an electronic interface for health care providers to submit claims for reimbursement under such section #agjc;,a4 7,b7 ,functions ,the electronic interface established under subparagraph 7,a7 shall include the following functions3 7i7 ,a function through which a health care provider may input all relevant data required for claims submittal and reimbursement4 7ii7 ,a function through which a health care provider may upload medical records to accompany a claim for reimbursement4 7iii7 ,a function through which a health care provider may ascertain the status of a pending claim for reimbursement that-- 7,i7 indicates whether the claim is a clean claim or a non-clean claim2 and 7,,ii7 in the event that a submitted claim is indicated as a non-clean claim1 provides-- 7aa7 an explanation of why the claim has been determined to be a non-clean claim2 and 7bb7 an identification of the information or documentation that is required to make the claim a clean claim4 7iv7 ,a function through which a health care provider is notified when a claim for reimbursement is accepted or rejected4 7v7 ,such other features as the ,secretary considers necessary4 7,c7 ,protection of information 7i7 ,in general ,the electronic interface established under subparagraph 7,a7 shall be developed and implemented based on industry-accepted information security and privacy engineering principles and best practices and shall provide for the following3 7,i7 ,the elicitation1 analysis1 and prioritization of functional and nonfunctional information security and privacy requirements for such interface1 including specific security and privacy services and architectural requirements relating to security and privacy based on a thorough analysis of all reasonably anticipated cyber and noncyber threats to the security and privacy of electronic protected health information made available through such interface4 7,,ii7 ,the elicitation1 analysis1 and prioritization of secure development requirements relating to such interface4 7,,iii7 ,the assurance that the prioritized information security and privacy requirements of such interface-- 7aa7 are correctly implemented in the design and implementation of such interface throughout the system development lifecycle2 and 7bb7 satisfy the information objectives of such interface relating to security and privacy throughout the system development lifecycle4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,electronic protected health information ,the term electronic protected health information has the meaning given that term in section #afj4ajc of title #de1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7,,ii7 ,secure development requirements ,the term secure development requirements means1 with respect to the electronic interface established under subparagraph 7,a71 activities that are required to be completed during the system development lifecycle of such interface1 such as secure coding principles and test methodologies4 7#c7 ,analysis of available technology for electronic interface 7,a7 ,in general ,not later than ,january #a1 #bjag1 or before entering into a contract to procure or design and build the electronic interface described in paragraph 7#b7 or making a decision to internally design and build such electronic interface1 whichever occurs first1 the ,secretary shall-- 7i7 conduct an analysis of commercially available technology that may satisfy the requirements of such electronic interface set forth in such paragraph2 and 7ii7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report setting forth such analysis4 7,b7 ,elements ,the report required under subparagraph 7,a77ii7 shall include the following3 7i7 ,an evaluation of commercially available systems that may satisfy the requirements of paragraph 7#b74 7ii7 ,the estimated cost of procuring a commercially available system if a suitable commercially available system exists4 7iii7 ,if no suitable commercially available system exists1 an assessment of the feasibility of modifying a commercially available system to meet the requirements of paragraph 7#b71 including the estimated cost associated with such modifications4 7iv7 ,if no suitable commercially available system exists and modifying a commercially available system is not feasible1 an assessment of the estimated cost and time that would be required to contract with a commercial entity to design and build an electronic interface that meets the requirements of paragraph 7#b74 7v7 ,if the ,secretary determines that the ,department has the capabilities required to design and build an electronic interface that meets the requirements of paragraph 7#b71 an assessment of the estimated cost and time that would be required to design and build such electronic interface4 7vi7 ,a description of the decision of the ,secretary regarding how the ,department plans to establish the electronic interface required under paragraph 7#b7 and the justification of the ,secretary for such decision4 7#d7 ,limitation on use of amounts ,the ,secretary may not spend any amounts to procure or design and build the electronic interface described in paragraph 7#b7 until the date that is #fj days after the date on which the ,secretary submits the report required under paragraph 7#c77;,a77ii74 #bgb4 ,authorization of agreements between the ,department of ,veterans ,affairs and non-,department providers 7a7 ,in general ,subchapter ,i of chapter #ag of title #ch1 ,united ,states ,code1 as amended by section #bga7;a77#a71 is further amended by inserting after section #agjc;,a the following new section3 #agjc;,b4 ,veterans ,care ,agreements 7a7 ,agreements ,to furnish care 7#a7 ,in addition to the authority of the ,secretary under this chapter to furnish hospital care1 medical services1 and extended care at facilities of the ,department and under contracts or sharing agreements entered into under authorities other than this section1 the ,secretary may furnish hospital care1 medical services1 and extended care through the use of agreements entered into under this section4 ,an agreement entered into under this section may be referred to as a ,veterans ,care ,agreement4 7#b7 7,a7 ,the ,secretary may enter into agreements under this section with eligible providers that are certified under subsection 7d7 if the ,secretary is not feasibly able to furnish care or services described in paragraph 7#a7 at facilities of the ,department4 7,b7 ,the ,secretary is not feasibly able to furnish care or services described in paragraph 7#a7 at facilities of the ,department if the ,secretary determines that the medical condition of the veteran1 the travel involved1 the nature of the care or services required1 or a combination of those factors make the use of facilities of the ,department impracticable or inadvisable4 7#c7 ,an eligible provider1 at its discretion1 may opt to enter into an agreement under this section instead of a contract or sharing agreement under authorities other than this section4 7b7 ,receipt of care 7#a7 ,eligibility of a veteran under this section for care or services described in subsection 7a77#a7 shall be determined as if such care or services were furnished in a facility of the ,department and provisions of this title applicable to veterans receiving such care or services in a facility of the ,department shall apply to veterans receiving such care or services under this section4 7#b7 ,in carrying out this section1 the ,secretary-- 7,a7 may not direct veterans seeking care or services described in subsection 7a77#a7 to health care providers that have entered into contracts or sharing agreements under authorities other than this section1 except for agreements under section #aja of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note72 and 7,b7 shall ensure that veterans have the option to determine whether to receive such care or services from a health care provider described in subparagraph 7,a7 or an eligible provider that has entered into an agreement under this section4 7c7 ,eligible providers ,for purposes of this section1 an eligible provider is one of the following3 7#a7 ,a provider of services that has enrolled and entered into a provider agreement under section #ahff7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a774 7#b7 ,a physician or supplier that has enrolled and entered into a participation agreement under section #ahdb7;h7 of such ,act 7#db ,u4,s4,c4 #acieu7h774 7#c7 ,a provider of items and services receiving payment under a ,state plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 or a waiver of such a plan4 7#d7 ,a health care provider that is-- 7,a7 an ,aging and ,disability ,resource ,center1 an area agency on aging1 or a ,state agency 7as defined in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb772 or 7,b7 a center for independent living 7as defined in section #gjb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;a774 7#e7 ,a provider that is located in-- 7,a7 an area that is designated as a health professional shortage area 7as defined in section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e772 or 7,b7 a county that is not in a metropolitan statistical area4 7#f7 ,such other health care providers as the ,secretary considers appropriate for purposes of this section4 7d7 ,certification of eligible providers 7#a7 ,the ,secretary shall establish a process for the certification of eligible providers under this section that shall1 at a minimum1 set forth the following4 7,a7 ,procedures for the submittal of applications for certification and deadlines for actions taken by the ,secretary with respect to such applications4 7,b7 ,standards and procedures for approval and denial of certification1 duration of certification1 revocation of certification1 and recertification4 7,c7 ,procedures for assessing eligible providers based on the risk of fraud1 waste1 and abuse of such providers similar to the level of screening under section #ahff7;j77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7j77#b77;,b77 and the standards set forth under section #i4ajd of title #dh1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,the ,secretary shall deny or revoke certification to an eligible provider under this subsection if the ,secretary determines that the eligible provider is currently-- 7,a7 excluded from participation in a ,federal health care program 7as defined in section #aabh;,b7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f777 under section #aabh or #aabh;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g and #acbj;a-#g;a72 or 7,b7 identified as an excluded source on the list maintained in the ,system for ,award ,management1 or any successor system4 7e7 ,terms of agreements ,each agreement entered into with an eligible provider under this section shall include provisions requiring the eligible provider to do the following3 7#a7 ,to accept payment for care or services furnished under this section at rates established by the ,secretary for purposes of this section1 which shall be1 to the extent practicable1 the rates paid by the ,united ,states for such care or services to providers of services and suppliers under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 7#b7 ,to accept payment under paragraph 7#a7 as payment in full for care or services furnished under this section and to not seek any payment for such care or services from the recipient of such care or services4 7#c7 ,to furnish under this section only the care or services authorized by the ,department under this section unless the eligible provider receives prior written consent from the ,department to furnish care or services outside the scope of such authorization4 7#d7 ,to bill the ,department for care or services furnished under this section in accordance with a methodology established by the ,secretary for purposes of this section4 7#e7 ,not to seek to recover or collect from a health-plan contract or third party1 as those terms are defined in section #agbi of this title1 for any care or services for which payment is made by the ,department under this section4 7#f7 ,to provide medical records for veterans furnished care or services under this section to the ,department in a time frame and format specified by the ,secretary for purposes of this section4 7#g7 ,to meet such other terms and conditions1 including quality of care assurance standards1 as the ,secretary may specify for purposes of this section4 7f7 ,termination of agreements 7#a7 ,an eligible provider may terminate an agreement with the ,secretary under this section at such time and upon such notice to the ,secretary as the ,secretary may specify for purposes of this section4 7#b7 ,the ,secretary may terminate an agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the ,secretary may specify for purposes of this section1 if the ,secretary-- 7,a7 determines that the eligible provider failed to comply substantially with the provisions of the agreement or with the provisions of this section and the regulations prescribed thereunder2 7,b7 determines that the eligible provider is-- 7i7 excluded from participation in a ,federal health care program 7as defined in section #aabh;,b7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f777 under section #aabh or #aabh;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g and #acbj;a-#g;a72 or 7ii7 identified as an excluded source on the list maintained in the ,system for ,award ,management1 or any successor system2 7,c7 ascertains that the eligible provider has been convicted of a felony or other serious offense under ,federal or ,state law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans or the ,department2 or 7,d7 determines that it is reasonable to terminate the agreement based on the health care needs of a veteran or veterans4 7g7 ,periodic review of certain agreements 7#a7 ,not less frequently than once every two years1 the ,secretary shall review each ,veterans ,care ,agreement of material size entered into during the two-year period preceding the review to determine whether it is feasible and advisable to furnish the hospital care1 medical services1 or extended care furnished under such agreement at facilities of the ,department or through contracts or sharing agreements entered into under authorities other than this section4 7#b7 7,a7 ,subject to subparagraph 7,b71 a ,veterans ,care ,agreement is of material size as determined by the ,secretary for purposes of this section4 7,b7 ,a ,veterans ,care ,agreement entered into after ,september #cj1 #bjaf1 for the purchase of extended care services is of material size if the purchase of such services under the agreement exceeds #a1jjj1jjj annually4 ,the ,secretary may adjust such amount to account for changes in the cost of health care based upon recognized health care market surveys and other available data and shall publish any such adjustments in the ,federal ,register4 7h7 ,treatment of certain laws 7#a7 ,an agreement under this section may be entered into without regard to any law that would require the ,secretary to use competitive procedures in selecting the party with which to enter into the agreement4 7#b7 7,a7 ,except as provided in subparagraph 7,b71 and unless otherwise provided in this section or section #bgg of the ,jason ,simcakoski ,memorial ,act or regulations prescribed pursuant to this section or such section #bgg1 an eligible provider that enters into an agreement under this section is not subject to1 in the carrying out of the agreement1 any law to which an eligible provider described in subsection 7b77#a71 7b77#b71 or 7b77#c7 is not subject under the original ,medicare fee-for-service program under parts ,a and ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or the ,medicaid program under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7,b7 ,the exclusion under subparagraph 7,a7 does not apply to laws regarding integrity1 ethics1 fraud1 or that subject a person to civil or criminal penalties4 7#c7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 shall apply with respect to an eligible provider that enters into an agreement under this section to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under this section4 7i7 ,monitoring of quality of care ,the ,secretary shall establish a system or systems1 consistent with survey and certification procedures used by the ,centers for ,medicare ,medicaid ,services and ,state survey agencies to the extent practicable-- 7#a7 to monitor the quality of care and services furnished to veterans under this section2 and 7#b7 to assess the quality of care and services furnished by an eligible provider under this section for purposes of determining whether to renew an agreement under this section with the eligible provider4 7j7 ,dispute resolution ,the ,secretary shall establish administrative procedures for eligible providers with which the ,secretary has entered into an agreement under this section to present any dispute arising under or related to the agreement4 7k7 ,termination of authority ,the ,secretary may not enter into an agreement under this section1 other than for the provision of extended care or hospice care1 after ,september #cj1 #bjag4 7l7 ,rule of construction ,nothing in this section shall be construed to alter any contract or agreement entered into between the ,department and a ,state home 7as that term is used in subchapter ,v of this chapter7 before the date of the enactment of the ,jason ,simcakoski ,memorial ,act4 7m7 ,annual report ,not later than one year after the date of the enactment of the ,jason ,simcakoski ,memorial ,act1 and not less frequently than annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report that contains the following3 7#a7 ,the total number of agreements entered into with eligible providers under this section4 7#b7 ,a list of the medical centers of the ,department that have entered into agreements with eligible providers under this section4 4 7b7 ,regulations ,the ,secretary of ,veterans ,affairs shall prescribe an interim final rule to carry out section #agjc;,b of such title1 as added by subsection 7a71 not later than one year after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #ag of such title1 as amended by section #bga7;a77#b71 is further amended by inserting after the item related to section #agjc;,a the following new item3 #agjc;,b4 ,veterans ,care ,agreements4 4 #bgc4 ,elimination of requirement to act as secondary payer for care relating to non-service-connected disabilities under ,choice ,program 7a7 ,in general ,section #aja7;e7 of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note7 is amended-- 7#a7 by striking paragraphs 7#b7 and 7#c72 7#b7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,responsibility for costs of certain care ,in any case in which an eligible veteran is furnished hospital care or medical services under this section for a non-service-connected disability described in subsection 7a77#b7 of section #agbi of title #ch1 ,united ,states ,code1 the ,secretary shall recover or collect reasonable charges for such care or services from a health-care plan described in paragraph 7#c7 in accordance with such section4 4 7b7 ,conforming amendment ,paragraph 7#a7 of such section is amended by striking paragraph 7#d7 and inserting paragraph 7#c74 7c7 ,emergency designations 7#a7 ,in general ,this section is designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in ,senate ,in the ,senate1 this section is designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 #bgd4 ,requirement for advance appropriations for the ,medical ,community ,care account of the ,department of ,veterans ,affairs 7a7 ,in general ,section #aag7;c7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#g7 ,veterans ,health ,administration1 ,medical ,community ,care4 4 7b7 ,conforming amendment ,section #aaje7;a77#cg7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,g7 ,veterans ,health ,administration1 ,medical ,community ,care4 4 7c7 ,applicability ,the amendments made by this section shall apply to fiscal years beginning on and after ,october #a1 #bjaf4 #bge4 ,annual transfer of amounts within ,department of ,veterans ,affairs to pay for health care from non-,department health care providers ,section #ajf of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note7 is amended by adding at the end the following new subsection3 7c7 ,transfer of amounts ,during a fiscal year1 to accommodate any variances in demand for hospital care1 medical services1 or other health care through non-,department of ,veterans ,affairs health care providers1 the ,secretary of ,veterans ,affairs may transfer amounts between the ,medical ,services appropriations account of the ,department and the appropriations account of the ,department for non-,department provider programs described in section #djjc of the ,surface ,transportation and ,veterans ,health ,care ,choice ,improvement ,act of #bjae 7,public ,law #aad-da2 #ch ,u4,s4,c4 #agja note74 4 #bgf4 ,authorization of use of certain amounts appropriated to the ,veterans ,choice ,fund for other non-,department of ,veterans ,affairs care 7a7 ,in general ,section #hjb of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #agja note7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,except as provided by paragraph 7#c71 any and inserting ,any2 and 7ii7 by striking by the ,secretary of ,veterans ,affairs and all that follows through the period at the end and inserting 8by the ,secretary of ,veterans ,affairs-- 7,a7 to carry out section #aja1 including1 subject to paragraph 7#b71 any administrative requirements of such section2 and 7,b7 to furnish health care to individuals under chapter #ag of title #ch1 ,united ,states ,code1 at non-,department facilities1 including pursuant to authority other than the authority under section #aja4 4 7,b7 by striking paragraph 7#c7 and inserting the following new paragraphs3 7#c7 ,treatment of amounts ,amounts made available to the ,secretary under this subsection shall be used to supplement1 not supplant1 amounts made available to the ,secretary in appropriations ,acts for the purpose of furnishing health care at non-,department facilities4 7#d7 ,non-,department facilities defined ,in this subsection1 the term non-,department facilities has the meaning given that term in section #agja of title #ch1 ,united ,states ,code4 2 and 7#b7 in subsection 7d77#a71 by striking only for the program and all that follows through the period at the end and inserting only for the purposes specified in subsection 7c77#a744 7b7 ,emergency designations 7#a7 ,in general ,this section is designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in ,senate ,in the ,senate1 this section is designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 #bgg4 ,applicability of ,directive of ,office of ,federal ,contract ,compliance ,programs 7a7 ,in general ,notwithstanding the treatment of certain laws under subsection 7h7 of section #agjc;,b of title #ch1 ,united ,states ,code1 as added by section #bgb7;a7 of this ,act1 ,directive #bjad-ja of the ,office of ,federal ,contract ,compliance ,programs of the ,department of ,labor 7effective as of ,may #g1 #bjad7 shall apply to any entity entering into an agreement under such section #agjc;,b in the same manner as such directive applies to subcontractors under the ,,tricare program for the duration of the moratorium provided under such directive4 7b7 ,applicability period ,the directive described in subsection 7a71 and the moratorium provided under such directive1 shall not be altered or rescinded before ,may #g1 #bjai4 7c7 ,,tricare program defined ,in this section1 the term ,,tricare program has the meaning given that term in section #ajgb of title #aj1 ,united ,states ,code4 ,i ,research on toxic exposure #bha4 ,definitions ,in this subtitle3 7#a7 ,armed ,forces ,the term ,armed ,forces means the ,united ,states ,army1 ,navy1 ,marine ,corps1 ,air ,force1 and ,coast ,guard4 7#b7 ,descendant ,the term descendant means1 with respect to an individual1 the biological child or grandchild of that individual4 7#c7 ,toxic exposure ,the term toxic exposure means a condition in which an individual inhaled or ingested an agent determined to be hazardous to the health of the individual or the agent came in contact with the skin or eyes of the individual in a manner that could be hazardous to the health of the individual4 7#d7 ,veteran ,the term veteran has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 #bhb4 ,national ,academy of ,medicine assessment on research relating to the descendants of individuals with toxic exposure 7a7 ,in general 7#a7 ,agreement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall seek to enter into an agreement with the ,national ,academy of ,medicine under which the ,national ,academy of ,medicine conducts an assessment on scientific research relating to the descendants of individuals with toxic exposure4 7#b7 ,alternate organization 7,a7 ,in general ,if the ,secretary is unable within the period prescribed in paragraph 7#a7 to enter into an agreement described in such paragraph with the ,national ,academy of ,medicine on terms acceptable to the ,secretary1 the ,secretary shall seek to enter into such an agreement with another appropriate organization that-- 7i7 is not part of the ,federal ,government2 7ii7 operates as a not-for-profit entity2 and 7iii7 has expertise and objectivity comparable to that of the ,national ,academy of ,medicine4 7,b7 ,treatment ,if the ,secretary enters into an agreement with another organization as described in subparagraph 7,a71 any reference in this section to the ,national ,academy of ,medicine shall be treated as a reference to the other organization4 7b7 ,elements ,the assessment conducted pursuant to the agreement entered into under subsection 7a7 shall include the following3 7#a7 ,a scientific review of the scientific literature regarding toxicological and epidemiological research on descendants of individuals with toxic exposure4 7#b7 ,an assessment of areas requiring further scientific study relating to the descendants of veterans with toxic exposure4 7#c7 ,an assessment of the scope and methodology required to conduct adequate scientific research relating to the descendants of individuals with toxic exposure1 including-- 7,a7 the types of individuals to be studied1 including veterans with toxic exposure and the descendants of those veterans2 7,b7 the number of veterans and descendants described in subparagraph 7,a7 to be studied2 7,c7 the potential alternatives for participation in such a study1 including whether it would be necessary for participants to travel in order to participate2 7,d7 the approximate amount of time and resources needed to prepare and conduct the research2 and 7,e7 the appropriate ,federal agencies to participate in the research1 including the ,department of ,defense and the ,department of ,veterans ,affairs4 7#d7 ,the establishment of categories1 including definitions for each such category1 to be used in assessing the evidence that a particular health condition is related to toxic exposure1 such as-- 7,a7 sufficient evidence of a causal relationship2 7,b7 sufficient evidence of an association2 7,c7 limited or suggestive evidence of an association2 7,d7 inadequate or insufficient evidence to determine whether an association exists2 and 7,e7 limited or suggestive evidence of no association4 7#e7 ,an analysis of-- 7,a7 the feasibility of conducting scientific research to address the areas that require further study as described under paragraph 7#b72 7,b7 the value and relevance of the information that could result from such scientific research2 and 7,c7 for purposes of conducting further research1 the feasibility and advisability of accessing additional information held by a ,federal agency that may be sensitive4 7#f7 ,an identification of a research entity or entities with-- 7,a7 expertise in conducting research on health conditions of descendants of individuals with toxic exposure2 and 7,b7 an ability to conduct research on those health conditions to address areas requiring further scientific study as described under paragraph 7#b74 7c7 ,report ,the agreement entered into under subsection 7a7 shall require the ,national ,academy of ,medicine to submit1 not later than two years after entering into such agreement1 to the ,secretary of ,veterans ,affairs1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives-- 7#a7 the results of the assessment conducted pursuant to such agreement1 including such recommendations as the ,national ,academy of ,medicine considers appropriate regarding the scope and methodology required to conduct adequate scientific research relating to the descendants of veterans with toxic exposure2 and 7#b7 a determination regarding whether the results of such assessment indicate that it is feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure1 including an explanation of the basis for the determination4 7d7 ,certification 7#a7 ,in general ,not later than #ij days after receiving the results of the assessment and determination under subsection 7c71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a certification of the understanding of the ,secretary1 based on such results and determination1 regarding the feasibility of conducting further research regarding health conditions of descendants of veterans with toxic exposure that is expressed by such results and determination4 7#b7 ,basis for certification ,the certification submitted under paragraph 7#a7 shall include an explanation of the basis for the certification4 #bhc4 ,advisory board on research relating to health conditions of descendants of veterans with toxic exposure while serving in the ,armed ,forces 7a7 ,establishment ,unless the ,secretary of ,veterans ,affairs certifies under section #bhb7;d7 that the results of the assessment and determination under section #bhb7;c7 indicate that it is not feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure1 not later than #ahj days after receiving such results and determination1 the ,secretary shall establish an advisory board 7in this section referred to as the ,advisory ,board7 to advise the ,secretary in the selection of a research entity or entities under section #bhd1 advise such entity or entities in conducting research under such section1 and advise the ,secretary with respect to the activities of such entity or entities under such section4 7b7 ,membership 7#a7 ,composition ,the ,secretary1 in consultation with the ,national ,academy of ,medicine1 the ,director of the ,national ,institute of ,environmental ,health ,sciences1 and such other heads of ,federal agencies as the ,secretary determines appropriate-- 7,a7 shall select not more than #ac voting members of the ,advisory ,board1 of whom-- 7i7 not less than two shall be members of organizations exempt from taxation under section #eja7;c77#ai7 of the ,internal ,revenue ,code of #aihf2 7ii7 not less than two shall be descendants of veterans with toxic exposure while serving as members of the ,armed ,forces2 and 7iii7 not less than seven shall be health professionals1 scientists1 or academics who are not employees of the ,federal ,government and have expertise in-- 7,i7 birth defects2 7,,ii7 developmental disabilities2 7,,iii7 epigenetics2 7,,iv7 public health2 7,v7 the science of environmental exposure or environmental exposure assessment2 7,,vi7 the science of toxic substances2 or 7,,vii7 medical and research ethics2 and 7,b7 may select not more than two nonvoting members who are employees of the ,federal ,government and who are otherwise described in subparagraph 7,a77iii74 7#b7 ,chair ,the ,secretary shall select a ,chair from among the members of the ,advisory ,board selected under paragraph 7#a77;,a74 7#c7 ,terms 7,a7 ,in general ,each member of the ,advisory ,board shall serve a term of two or three years as determined by the ,secretary4 7,b7 ,reappointment ,at the end of the term of a member of the ,advisory ,board1 the ,secretary may reselect the member for another term1 except that no member may serve more than four consecutive terms4 7c7 ,duties ,the ,advisory ,board shall-- 7#a7 advise the ,secretary in the selection of a research entity or entities to conduct research under section #bhd from among those identified under section #bhb7;b77#f72 7#b7 advise such entity or entities and assess the activities of such entity or entities in conducting such research2 7#c7 develop a research strategy for such entity or entities based on1 but not limited to1 the results of the assessment conducted under section #bhb2 7#d7 advise the ,secretary with respect to the activities of such entity or entities under section #bhd2 7#e7 submit recommendations to be included by such entity or entities in the report under section #bhd7;d77#b77;,c72 and 7#f7 not less frequently than semiannually1 meet with the ,secretary and representatives of such entity or entities on the research conducted by such entity or entities under section #bhd4 7d7 ,meetings ,the ,advisory ,board shall meet at the call of the ,chair1 but not less frequently than semiannually4 7e7 ,compensation ,the members of the ,advisory ,board shall serve without compensation4 7f7 ,expenses ,the ,secretary of ,veterans ,affairs shall determine the appropriate expenses of the ,advisory ,board4 7g7 ,personnel 7#a7 ,in general ,the ,chair may1 without regard to the civil service laws and regulations1 appoint an executive director of the ,advisory ,board1 who shall be a civilian employee of the ,department of ,veterans ,affairs1 and such other personnel as may be necessary to enable the ,advisory ,board to perform its duties4 7#b7 ,approval ,the appointment of an executive director under paragraph 7#a7 shall be subject to approval by the ,advisory ,board4 7#c7 ,compensation ,the ,chair may fix the compensation of the executive director and other personnel without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of such title4 #bhd4 ,research relating to health conditions of descendants of veterans with toxic exposure while serving in the ,armed ,forces 7a7 ,in general ,unless the ,secretary of ,veterans ,affairs certifies under section #bhb7;d7 that the results of the assessment and determination under section #bhb7;c7 indicate that it is not feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure1 not later than one year after receiving such results and determination1 the ,secretary shall 7in consultation with the advisory board established under section #bhc 7in this section referred to as the ,advisory ,board77 enter into an agreement with one or more research entities identified under section #bhb7;b77#f7 7excluding an entity of the ,department of ,veterans ,affairs7 to conduct research on health conditions of descendants of veterans with toxic exposure while serving as members of the ,armed ,forces 7in this section referred to as the research entity or entities74 7b7 ,research 7#a7 ,in general ,to the extent included in the research strategy developed by the ,advisory ,board under section #bhc7;c77#c71 the research entity or entities shall conduct research on health conditions of descendants of veterans with toxic exposure while serving as members of the ,armed ,forces4 7#b7 ,studies ,in conducting research under paragraph 7#a71 the research entity or entities may study any veteran1 at the election of the veteran1 identified under section #bhb7;b77#c77;,a7 as a type of individual to be studied in order to conduct adequate scientific research relating to the descendants of veterans with toxic exposure4 7#c7 ,categorization ,in conducting research under paragraph 7#a71 the research entity or entities shall assess1 using the categories established under section #bhb7;b77#d71 the extent to which a health condition of a descendant of a veteran is related to the toxic exposure of the veteran while serving as a member of the ,armed ,forces4 7c7 ,availability of records 7#a7 ,in general ,the ,secretary of ,defense1 the ,secretary of ,veterans ,affairs1 and the head of each ,federal agency identified under section #bhb7;b77#c77;,e7 shall make available to the research entity or entities records held by the ,department of ,veterans ,affairs1 the ,department of ,defense1 the ,armed ,forces1 that ,federal agency1 or any other source under the jurisdiction of any such ,federal agency or the ,armed ,forces1 as appropriate1 that the research entity or entities determine are necessary to carry out this section4 7#b7 ,mechanism for access ,the ,secretary of ,veterans ,affairs1 the ,secretary of ,defense1 and the head of each ,federal agency identified under section #bhb7;b77#c77;,e7 shall jointly establish a mechanism for access by the research entity or entities to records made available under paragraph 7#a74 7d7 ,annual report 7#a7 ,in general ,not later than one year after commencing the conduct of research under this section1 and not later than ,september #cj each year thereafter1 each research entity with which the ,secretary has entered into an agreement under subsection 7a7 shall1 in consultation with the ,advisory ,board1 submit to the ,secretary of ,veterans ,affairs1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the functions of such entity under this section during the year preceding the submittal of the report4 7#b7 ,elements ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,a summary of the research efforts that have been completed during the year preceding the submittal of the report and that are ongoing as of the date of the submittal of the report4 7,b7 ,a description of any findings made during such year in carrying out such research efforts4 7,c7 ,recommendations for administrative or legislative action made by the ,advisory ,board based on such findings1 which may include recommendations for further research under this section4 7#c7 ,upon request ,upon the request of any organization exempt from taxation under section #eja7;c77#ai7 of the ,internal ,revenue ,code of #aihf1 the ,secretary of ,veterans ,affairs may transmit to such organization a copy of a report received by the ,secretary under paragraph 7#a74 ,j ,other health care matters #bia4 ,authorization of certain major medical facility projects of the ,department of ,veterans ,affairs 7a7 ,authorization ,the ,secretary of ,veterans ,affairs may carry out the following major medical facility projects1 with each project to be carried out in an amount not to exceed the amount specified for that project3 7#a7 ,seismic corrections to buildings1 including retrofitting and replacement of high-risk buildings1 in ,san ,francisco1 ,california1 in an amount not to exceed #ahj1dhj1jjj4 7#b7 ,seismic corrections to facilities1 including facilities to support homeless veterans1 at the medical center in ,west ,los ,angeles1 ,california1 in an amount not to exceed #aje1ejj1jjj4 7#c7 ,seismic corrections to the mental health and community living center in ,long ,beach1 ,california1 in an amount not to exceed #bhg1ajj1jjj4 7#d7 ,construction of an outpatient clinic1 administrative space1 cemetery1 and columbarium in ,alameda1 ,california1 in an amount not to exceed #hg1ccb1jjj4 7#e7 ,realignment of medical facilities in ,livermore1 ,california1 in an amount not to exceed #aid1dcj1jjj4 7#f7 ,construction of a medical center in ,louisville1 ,kentucky1 in an amount not to exceed #aej1jjj1jjj4 7#g7 ,construction of a replacement community living center in ,perry ,point1 ,maryland1 in an amount not to exceed #ib1gjj1jjj4 7#h7 ,seismic corrections and other renovations to several buildings and construction of a specialty care building in ,american ,lake1 ,washington1 in an amount not to exceed #af1bfj1jjj4 7b7 ,authorization of appropriations for construction ,there is authorized to be appropriated to the ,secretary of ,veterans ,affairs for fiscal year #bjaf or the year in which funds are appropriated for the ,construction1 ,major ,projects1 account1 #a1aac1hjb1jjj for the projects authorized in subsection 7a74 7c7 ,limitation ,the projects authorized in subsection 7a7 may only be carried out using-- 7#a7 funds appropriated for fiscal year #bjaf pursuant to the authorization of appropriations in subsection 7b72 7#b7 funds available for ,construction1 ,major ,projects1 for a fiscal year before fiscal year #bjaf that remain available for obligation2 7#c7 funds available for ,construction1 ,major ,projects1 for a fiscal year after fiscal year #bjaf that remain available for obligation2 7#d7 funds appropriated for ,construction1 ,major ,projects1 for fiscal year #bjaf for a category of activity not specific to a project2 7#e7 funds appropriated for ,construction1 ,major ,projects1 for a fiscal year before fiscal year #bjaf for a category of activity not specific to a project2 and 7#f7 funds appropriated for ,construction1 ,major ,projects1 for a fiscal year after fiscal year #bjaf for a category of activity not specific to a project4 #bib4 ,identification and tracking of biological implants used in ,department of ,veterans ,affairs medical facilities 7a7 ,in general ,subchapter ,,ii of chapter #gc of title #ch1 ,united ,states ,code1 as amended by section #bdh7;a71 is further amended by adding at the end the following new section3 #gccj;,d4 ,identification and tracking of biological implants 7a7 ,standard identification system for biological implants 7#a7 ,the ,secretary shall adopt the unique device identification system developed for medical devices by the ,food and ,drug ,administration under section #eai7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;i7f771 or implement a comparable standard identification system1 for use in identifying biological implants intended for use in medical procedures conducted in medical facilities of the ,department4 7#b7 ,in adopting or implementing a standard identification system for biological implants under paragraph 7#a71 the ,secretary shall permit a vendor to use any of the accredited entities identified by the ,food and ,drug ,administration as an issuing agency pursuant to section #hcj4ajj of title #ba1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,biological implant tracking system 7#a7 ,the ,secretary shall implement a system for tracking the biological implants described in subsection 7a7 from human donor or animal source to implantation4 7#b7 ,the tracking system implemented under paragraph 7#a7 shall be compatible with the identification system adopted or implemented under subsection 7a74 7#c7 ,the ,secretary shall implement inventory controls compatible with the tracking system implemented under paragraph 7#a7 so that all patients who have received1 in a medical facility of the ,department1 a biological implant subject to a recall can be notified of the recall if1 based on the evaluation by appropriate medical personnel of the ,department of the risks and benefits1 the ,secretary determines such notification is appropriate4 7c7 ,consistency with ,food and ,drug ,administration regulations ,to the extent that a conflict arises between this section and a provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 or section #cea or #cfa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb and #bfd7 7including any regulations issued under such provisions71 the provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act or ,public ,health ,service ,act 7including any regulations issued under such provisions7 shall apply4 7d7 ,biological implant defined ,in this section1 the term biological implant means any human cell1 tissue1 or cellular or tissue-based product or animal product-- 7#a7 under the meaning given the term human cells1 tissues1 or cellular or tissue-based products in section #abga4c of title #ba1 ,code of ,federal ,regulations1 or any successor regulation2 or 7#b7 that is regulated as a device under section #bja7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;h774 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gc of such title1 as amended by section #bdh7;b71 is further amended by inserting after the item relating to section #gccj;,c the following new item3 #gccj;,d4 ,identification and tracking of biological implants4 4 7c7 ,implementation deadlines 7#a7 ,standard identification system ,the ,secretary of ,veterans ,affairs shall adopt or implement the standard identification system for biological implants required by subsection 7a7 of section #gccj;,d of title #ch1 ,united ,states ,code1 as added by subsection 7a71 with respect to biological implants described in-- 7,a7 subsection 7d77#a7 of such section1 by not later than the date that is #ahj days after the date of the enactment of this ,act2 and 7,b7 subsection 7d77#b7 of such section1 in compliance with the compliance dates established by the ,food and ,drug ,administration under section #eai7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;i7f774 7#b7 ,tracking system ,the ,secretary of ,veterans ,affairs shall implement the biological implant tracking system required by section #gccj;,d7b7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 by not later than the date that is #ahj days after the date of the enactment of this ,act4 7d7 ,reporting requirement 7#a7 ,in general ,if the biological implant tracking system required by section #gccj;,d7b7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 is not operational by the date that is #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report explaining why the system is not operational for each month until such time as the system is operational4 7#b7 ,elements ,each report submitted under paragraph 7#a7 shall include a description of the following3 7,a7 ,each impediment to the implementation of the system described in such paragraph4 7,b7 ,steps being taken to remediate each such impediment4 7,c7 ,target dates for a solution to each such impediment4 #bic4 ,procurement of biological implants used in ,department of ,veterans ,affairs medical facilities 7a7 ,procurement 7#a7 ,in general ,subchapter ,,ii of chapter #ha of title #ch1 ,united ,states ,code1 as amended by section #acb7;a71 is further amended by adding at the end the following new section3 #hacj4 ,procurement of biological implants 7a7 ,in general 7#a7 ,the ,secretary may procure biological implants of human origin only from vendors that meet the following conditions3 7,a7 ,the vendor uses the standard identification system adopted or implemented by the ,secretary under section #gccj;,d7a7 of this title and has safeguards to ensure that a distinct identifier has been in place at each step of distribution of each biological implant from its donor4 7,b7 ,the vendor is registered as required by the ,food and ,drug ,administration under subpart ,b of part #abga of title #ba1 ,code of ,federal ,regulations1 or any successor regulation1 and in the case of a vendor that uses a tissue distribution intermediary or a tissue processor1 the vendor provides assurances that the tissue distribution intermediary or tissue processor is registered as required by the ,food and ,drug ,administration4 7,c7 ,the vendor ensures that donor eligibility determinations and such other records as the ,secretary may require accompany each biological implant at all times1 regardless of the country of origin of the donor of the biological material4 7,d7 ,the vendor agrees to cooperate with all biological implant recalls conducted on the initiative of the vendor1 on the initiative of the original product manufacturer used by the vendor1 by the request of the ,food and ,drug ,administration1 or by a statutory order of the ,food and ,drug ,administration4 7,e7 ,the vendor agrees to notify the ,secretary of any adverse event or reaction report it provides to the ,food and ,drug ,administration1 as required by sections #abga4c and #abga4cej of title #ba1 ,code of ,federal ,regulations1 or any successor regulation1 or any warning letter from the ,food and ,drug ,administration issued to the vendor or a tissue processor or tissue distribution intermediary used by the vendor by not later than #fj days after the vendor receives such report or warning letter4 7,f7 ,the vendor agrees to retain all records associated with the procurement of a biological implant by the ,department for at least #aj years after the date of the procurement of the biological implant4 7,g7 ,the vendor provides assurances that the biological implants provided by the vendor are acquired only from tissue processors that maintain active accreditation with the ,american ,association of ,tissue ,banks or a similar national accreditation specific to biological implants4 7#b7 ,the ,secretary may procure biological implants of nonhuman origin only from vendors that meet the following conditions3 7,a7 ,the vendor uses the standard identification system adopted or implemented by the ,secretary under section #gccj;,d7a7 of this title4 7,b7 ,the vendor is registered as an establishment as required by the ,food and ,drug ,administration under sections #hjg4bj and #hjg4dj of title #ba1 ,code of ,federal ,regulations1 or any successor regulation 7or is not required to register pursuant to section #hjg4fe7;a7 of such title1 or any successor regulation71 and in the case of a vendor that is not the original product manufacturer of such implants1 the vendor provides assurances that the original product manufacturer is registered as required by the ,food and ,drug ,administration 7or is not required to register74 7,c7 ,the vendor agrees to cooperate with all biological implant recalls conducted on the initiative of the vendor1 on the initiative of the original product manufacturer used by the vendor1 by the request of the ,food and ,drug ,administration1 or by a statutory order of the ,food and ,drug ,administration4 7,d7 ,the vendor agrees to notify the ,secretary of any adverse event report it provides to the ,food and ,drug ,administration as required under part #hjc of title #ba1 ,code of ,federal ,regulations1 or any successor regulation1 or any warning letter from the ,food and ,drug ,administration issued to the vendor or the original product manufacturer used by the vendor by not later than #fj days after the vendor receives such report or warning letter4 7,e7 ,the vendor agrees to retain all records associated with the procurement of a biological implant by the ,department for at least #aj years after the date of the procurement of the biological implant4 7#c7 7,a7 ,the ,secretary shall procure biological implants under the ,federal ,supply ,schedules of the ,general ,services ,administration unless such implants are not available under such ,schedules4 7,b7 ,with respect to biological implants listed on the ,federal ,supply ,schedules1 the ,secretary shall accommodate reasonable vendor requests to undertake outreach efforts to educate medical professionals of the ,department about the use and efficacy of such biological implants4 7,c7 ,in the case of biological implants that are unavailable for procurement under the ,federal ,supply ,schedules1 the ,secretary shall procure such implants using competitive procedures in accordance with applicable law and the ,federal ,acquisition ,regulation1 including through the use of a national contract4 7#d7 ,in procuring biological implants under this section1 the ,secretary shall permit a vendor to use any of the accredited entities identified by the ,food and ,drug ,administration as an issuing agency pursuant to section #hcj4ajj of title #ba1 ,code of ,federal ,regulations1 or any successor regulation4 7#e7 ,section #habc of this title shall not apply to the procurement of biological implants4 7b7 ,penalties ,in addition to any applicable penalty under any other provision of law1 any procurement employee of the ,department who is found responsible for a biological implant procurement transaction with intent to avoid or with reckless disregard of the requirements of this section shall be ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer1 contracting officer1 or purchase card holder4 7c7 ,definitions ,in this section3 7#a7 ,the term biological implant has the meaning given that term in section #gccj;,d7d7 of this title4 7#b7 ,the term distinct identifier means a distinct identification code that-- 7,a7 relates a biological implant to the human donor of the implant and to all records pertaining to the implant2 7,b7 includes information designed to facilitate effective tracking1 using the distinct identification code1 from the donor to the recipient and from the recipient to the donor2 and 7,c7 satisfies the requirements of section #abga4bij7;c7 of title #ba1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,the term tissue distribution intermediary means an agency that acquires and stores human tissue for further distribution and performs no other tissue banking functions4 7#d7 ,the term tissue processor means an entity processing human tissue for use in biological implants1 including activities performed on tissue other than donor screening1 donor testing1 tissue recovery and collection functions1 storage1 or distribution4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ha of such title1 as amended by section #acb7;c71 is further amended by inserting after the item relating to section #habi the following new item3 #hacj4 ,procurement of biological implants4 4 7b7 ,effective date ,section #hacj of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #ahj days after the date on which the tracking system required under section #gccj;,d7b7 of such title1 as added by section #bib7;a71 is implemented4 7c7 ,special rule for cryopreserved products ,during the three-year period beginning on the effective date of section #hacj of title #ch1 ,united ,states ,code1 as added by subsection 7a71 biological implants produced and labeled before that effective date may be procured by the ,department of ,veterans ,affairs without relabeling under the standard identification system adopted or implemented under section #gccj;,d of such title1 as added by section #bib7;a74 #bid4 ,expansion of research and education on and delivery of complementary and integrative health to veterans 7a7 ,development of plan ,to expand research1 education1 and delivery ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall develop a plan to expand materially and substantially the scope of the effectiveness of research and education on1 and delivery and integration of1 complementary and integrative health services into the health care services provided to veterans4 7b7 ,elements ,the plan required by subsection 7a7 shall provide for the following3 7#a7 ,research on the following3 7,a7 ,the effectiveness of various complementary and integrative health services1 including the effectiveness of such services integrated with clinical services4 7,b7 ,approaches to integrating complementary and integrative health services into other health care services provided by the ,department of ,veterans ,affairs4 7#b7 ,education and training for health care professionals of the ,department on the following3 7,a7 complementary and integrative health services selected by the ,secretary for purposes of the plan4 7,b7 ,appropriate uses of such services4 7,c7 ,integration of such services into the delivery of health care to veterans4 7#c7 ,research1 education1 and clinical activities on complementary and integrative health at centers of innovation at medical centers of the ,department4 7#d7 ,identification or development of metrics and outcome measures to evaluate the effectiveness of the provision and integration of complementary and integrative health services into the delivery of health care to veterans4 7#e7 ,integration and delivery of complementary and integrative health services with other health care services provided by the ,department4 7c7 ,consultation 7#a7 ,in general ,in carrying out subsection 7a71 the ,secretary shall consult with the following3 7,a7 ,the ,director of the ,national ,center for ,complementary and ,integrative ,health of the ,national ,institutes of ,health4 7,b7 ,the ,commissioner of ,food and ,drugs4 7,c7 ,institutions of higher education1 private research institutes1 and individual researchers with extensive experience in complementary and integrative health and the integration of complementary and integrative health practices into the delivery of health care4 7,d7 ,nationally recognized providers of complementary and integrative health4 7,e7 ,such other officials1 entities1 and individuals with expertise on complementary and integrative health as the ,secretary considers appropriate4 7#b7 ,scope of consultation ,the ,secretary shall undertake consultation under paragraph 7#a7 in carrying out subsection 7a7 with respect to the following3 7,a7 ,to develop the plan4 7,b7 ,to identify specific complementary and integrative health practices that1 on the basis of research findings or promising clinical interventions1 are appropriate to include as services to veterans4 7,c7 ,to identify barriers to the effective provision and integration of complementary and integrative health services into the delivery of health care to veterans1 and to identify mechanisms for overcoming such barriers4 7d7 ,complementary and integrative health defined ,in this section1 the term complementary and integrative health shall have the meaning given that term in section #baa7;g74 #bie4 ,pilot program on integration of complementary and integrative health within ,department of ,veterans ,affairs medical centers 7a7 ,pilot program required ,not later than #ahj days after the completion of the development of the plan under section #bid1 the ,secretary of ,veterans ,affairs shall-- 7#a7 carry out1 through the ,office of ,patient ,centered ,care and ,cultural ,transformation of the ,department of ,veterans ,affairs1 a pilot program to assess the feasibility and advisability of integrating the delivery of complementary and integrative health services selected by the ,secretary with other health care services provided by the ,department for veterans with mental health conditions1 chronic pain conditions1 other chronic conditions1 and such other conditions as the ,secretary determines appropriate2 and 7#b7 in developing the pilot program-- 7,a7 use the plan developed under section #bid2 7,b7 identify and1 to the extent practicable1 resolve barriers to the provision of complementary and integrative health services selected by the ,secretary and the integration of those services with other health care services provided by the ,department2 7,c7 identify means of improving coordination between ,federal1 ,state1 local1 and community providers of health care in the provision of pain management and related health care services to veterans2 7,d7 identify means of enhancing outreach1 and coordination of outreach1 by and among providers of health care described in subparagraph 7,c7 regarding the pain management and related health care services available to veterans2 7,e7 identify means of using wellness-based programs offered by providers of health care described in subparagraph 7,c7 to complement the provision by the ,department of pain management and related health care services to veterans2 and 7,f7 assess whether wellness-based programs described in subparagraph 7,e7-- 7i7 are effective in enhancing the quality of life and well-being of veterans2 7ii7 are effective in increasing the adherence of veterans to the primary pain management and related health care services provided such veterans by the ,department2 7iii7 have an effect on the sense of well-being of veterans who receive primary pain management and related health care services from the ,department2 and 7iv7 are effective in encouraging veterans receiving health care from the ,department to adopt a more healthy lifestyle4 7b7 ,duration of pilot program ,the ,secretary shall carry out the pilot program during the three-year period beginning on the date that is #ahj days after the completion of the development of the plan under section #bid4 7c7 ,locations 7#a7 ,in general ,the ,secretary shall carry out the pilot program at not fewer than #ae medical centers of the ,department4 7#b7 ,polytrauma centers ,not fewer than two of the medical centers designated under paragraph 7#a7 shall be located at polytrauma rehabilitation centers of the ,department4 7#c7 ,medical centers with prescription rate of opioids that conflicts with care standards 7,a7 ,in general ,in selecting medical centers under paragraph 7#a71 the ,secretary shall give priority to medical centers of the ,department at which there is a prescription rate of opioids that conflicts with or is otherwise inconsistent with the standards of appropriate and safe care4 7,b7 ,prescription rate defined ,in this paragraph1 the term prescription rate means1 with respect to a medical center of the ,department1 each of the following3 7i7 ,the number of patients treated with opioids at the medical center divided by the total number of pharmacy users at the medical center4 7ii7 ,the average number of morphine equivalents per day prescribed at the medical center to patients being treated with opioids4 7iii7 ,of the patients being treated with opioids at the medical center1 the average number of prescriptions of opioids per patient4 7#d7 ,selection of locations ,in carrying out the pilot program1 the ,secretary shall select locations that include the following areas3 7,a7 ,rural areas4 7,b7 ,areas that are not in close proximity to an active duty military installation4 7,c7 ,areas representing different geographic locations1 such as census tracts established by the ,bureau of the ,census4 7d7 ,provision of services ,under the pilot program1 the ,secretary shall provide covered services to covered veterans by integrating complementary and integrative health services with other services provided by the ,department at the medical centers designated under subsection 7c77#a74 7e7 ,covered veterans ,for purposes of the pilot program1 a covered veteran is any veteran who-- 7#a7 has a mental health condition diagnosed by a clinician of the ,department2 7#b7 experiences chronic pain2 7#c7 has a chronic condition being treated by a clinician of the ,department2 or 7#d7 is not described in paragraph 7#a71 7#b71 or 7#c7 and requests to participate in the pilot program or is referred by a clinician of the ,department who is treating the veteran4 7f7 ,covered services 7#a7 ,in general ,for purposes of the pilot program1 covered services are services consisting of complementary and integrative health services as selected by the ,secretary4 7#b7 ,administration of services ,covered services shall be administered under the pilot program as follows3 7,a7 ,covered services shall be administered by professionals or other instructors with appropriate training and expertise in complementary and integrative health services who are employees of the ,department or with whom the ,department enters into an agreement to provide such services4 7,b7 ,covered services shall be included as part of the ,patient ,aligned ,care ,teams initiative of the ,office of ,patient ,care ,services1 ,primary ,care ,program ,office1 in coordination with the ,office of ,patient ,centered ,care and ,cultural ,transformation4 7,c7 ,covered services shall be made available to-- 7i7 covered veterans who have received conventional treatments from the ,department for the conditions for which the covered veteran seeks complementary and integrative health services under the pilot program2 and 7ii7 covered veterans who have not received conventional treatments from the ,department for such conditions4 7g7 ,voluntary participation ,the participation of a veteran in the pilot program shall be at the election of the veteran and in consultation with a clinician of the ,department4 7h7 ,report 7#a7 ,in general ,not later than #cj months after the date of the commencement of the pilot program1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the pilot program4 7#b7 ,elements ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,the findings and conclusions of the ,secretary with respect to the pilot program1 including with respect to-- 7i7 the use and efficacy of the complementary and integrative health services established under the pilot program2 7ii7 the outreach conducted by the ,secretary to inform veterans and community organizations about the pilot program2 and 7iii7 an assessment of the benefit of the pilot program to covered veterans in mental health diagnoses1 pain management1 and treatment of chronic illness4 7,b7 ,a description of barriers identified under subsection 7a77#b77;,b7 that were not resolved4 7,c7 ,such recommendations for the continuation or expansion of the pilot program as the ,secretary considers appropriate4 7i7 ,complementary and integrative health defined ,in this section1 the term complementary and integrative health shall have the meaning given that term in section #baa7;g74 #bif4 ,report on public access to research by ,department of ,veterans ,affairs 7a7 ,in general ,not later than each of #ahj days and one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on increasing public access to scientific publications and digital data from research funded by the ,department of ,veterans ,affairs4 7b7 ,elements ,each report submitted under subsection 7a7 shall include the following3 7#a7 ,an identification of the location or locations in which the public will be able to access the results of research funded by the ,department1 whether on an ,internet website of the ,department or through another source4 7#b7 ,a description of the progress made by the ,department in meeting public access requirements set forth in the notice entitled ,policy and ,implementation ,plan for ,public ,access to ,scientific ,publications and ,digital ,data from ,research ,funded by the ,department of ,veterans ,affairs 7#hj ,fed4 ,reg4 #fjgea71 including the following3 7,a7 ,compliance of ,department investigators with requirements relating to ensuring that research funded by the ,department is accessible by the public4 7,b7 ,ensuring data management plans of the ,department include provisions for long-term preservation of the scientific data resulting from research funded by the ,department4 7#c7 ,an explanation of the factors used to evaluate the merit of data management plans of research funded by the ,veterans ,health ,administration4 7#d7 ,an explanation of the process of the ,department in effect that enables stakeholders to petition a change to the embargo period for a specific field and the factors considered during such process4 ,,iii ,disability compensation and pension #cja4 ,expedited payment of survivor's benefits 7a7 ,in general ,section #eaja7;a77#a7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,a specific and inserting 7,a7 ,except as provided in subparagraph 7,b71 a specific2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 7i7 ,the ,secretary may pay benefits under chapters #ac and #ae and sections #bcjb1 #bcjg1 and #eaba of this title to a survivor of a veteran who has not filed a formal claim if the ,secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits4 7ii7 ,for purposes of this subparagraph and section #eaaj of this title1 the earlier of the following dates shall be treated as the date of the receipt of the survivor's application for benefits described in clause 7i73 7,i7 ,the date on which the survivor of a veteran 7or the representative of such a survivor7 notifies the ,secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors benefits identified in clause 7i74 7,,ii7 ,the head of any other department or agency of the ,federal ,government notifies the ,secretary of the death of the veteran4 7iii7 ,in notifying the ,secretary of the death of a veteran as described in clause 7ii77,i71 the survivor 7or the representative of such a survivor7 may submit to the ,secretary additional documents relating to such death without being required to file a formal claim4 4 7b7 ,report 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on benefits paid pursuant to covered claims4 7#b7 ,contents ,the report under paragraph 7#a7 shall include the following3 7,a7 ,the number of covered claims adjudicated during the one-year period preceding the date of the report1 disaggregated by the following3 7i7 ,claims in which the claimant claimed entitlement to benefits under chapters #ac or #ae or sections #bcjb1 #bcjg1 or #eaba of title #ch1 ,united ,states ,code1 on the basis of the claimant's status as the spouse of a deceased veteran4 7ii7 ,claims in which the claimant claimed entitlement to such benefits on the basis of the claimant's status as the child of a deceased veteran4 7iii7 ,claims in which the claimant claimed entitlement to such benefits on the basis of the claimant's status as the parent of a deceased veteran4 7,b7 ,the number of covered claims that were adjudicated during such period and for which such benefits were not awarded1 disaggregated by clauses 7i7 through 7iii7 of subparagraph 7,a74 7,c7 ,a comparison of the accuracy and timeliness of covered claims adjudicated during such period with noncovered claims filed by survivors of a veteran4 7,d7 ,the findings of the ,secretary with respect to adjudicating covered claims4 7,e7 ,such recommendations as the ,secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the ,secretary for benefits under chapters #ac and #ae and sections #bcjb1 #bcjg1 and #eaba of title #ch1 ,united ,states ,code4 7#c7 ,covered claim defined ,in this subsection1 the term covered claim means a claim covered by section #eaja7;a77#a77;,b7 of title #ch1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to claims for benefits based on a death occurring on or after the date of the enactment of this ,act4 #cjb4 ,increase in special pension for ,medal of ,honor recipients 7a7 ,in general ,section #aefb7;a7 of title #ch1 ,united ,states ,code1 is amended by striking #a1jjj and inserting #c1jjj4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall take effect on the date that is-- 7,a7 except as provided in subparagraph 7,b71 one year after the date of the enactment of this ,act2 and 7,b7 in the case that the date that is one year after the date of the enactment of this ,act is not the first day of a month1 the first day of the first month beginning after the date that is one year after the date of the enactment of this ,act4 7#b7 ,delay of annual cost of living adjustment 7,a7 ,in general ,the ,secretary shall not make an increase pursuant to section #aefb7;e7 of such title effective ,december #a1 #bjaf1 if the amendment made by subsection 7a7 takes effect before such date4 7,b7 ,resumption ,in the case that the ,secretary1 pursuant to subparagraph 7,a71 does not make an increase pursuant to section #aefb7;e7 of such title effective ,december #a1 #bjaf1 the ,secretary shall resume making increases pursuant to such section with the first such increase effective ,december #a1 #bjag4 #cjc4 ,board of ,veterans' ,appeals video hearings ,section #gajg of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d71 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 7i7 ,upon request for a hearing1 the ,board shall determine1 for purposes of scheduling the hearing for the earliest possible date1 whether a hearing before the ,board will be held at its principal location or at a facility of the ,department or other appropriate ,federal facility located within the area served by a regional office of the ,department4 7ii7 ,the ,board shall also determine whether to provide a hearing through the use of the facilities and equipment described in subsection 7e77#a7 or by the appellant personally appearing before a ,board member or panel4 7,b7 7i7 ,the ,board shall notify the appellant of the determinations of the location and type of hearing made under subparagraph 7,a74 7ii7 ,upon notification1 the appellant may request a different location or type of hearing as described in such subparagraph4 7iii7 ,if so requested1 the ,board shall grant such request and ensure that the hearing is scheduled at the earliest possible date without any undue delay or other prejudice to the appellant4 2 and 7#b7 in subsection 7e71 by amending paragraph 7#b7 to read as follows3 7#b7 ,any hearing provided through the use of the facilities and equipment described in paragraph 7#a7 shall be conducted in the same manner as1 and shall be considered the equivalent of1 a personal hearing4 4 #cjd4 ,improvements to authority for performance of medical disabilities examinations by contract physicians 7a7 ,extension of temporary authority ,subsection 7c7 of section #gjd of the ,veterans ,benefits ,act of #bjjc 7#ch ,u4,s4,c4 #eaja note7 is amended by striking ,december #ca1 #bjaf and inserting ,december #ca1 #bjag4 7b7 ,licensure of contract physicians 7#a7 ,temporary authority ,such section #gjd is further amended-- 7,a7 by redesignating subsection 7d7 as subsection 7e72 and 7,b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7b7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current unrestricted license to practice the health care profession of the physician2 7,b7 is not barred from practicing such health care profession in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states2 and 7,c7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7b74 4 7#b7 ,pilot program ,section #ejd of the ,veterans' ,benefits ,improvement ,act of #aiif 7#ch ,u4,s4,c4 #eaja note7 is amended-- 7,a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,b7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7a7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current unrestricted license to practice the health care profession of the physician2 7,b7 is not barred from practicing such health care profession in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states2 and 7,c7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7a74 4 #cje4 ,department of ,veterans ,affairs pilot program on fully developed appeals 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section4 7b7 ,election 7#a7 ,filing ,in accordance with paragraph 7#b71 a claimant may elect to file a fully developed appeal under the pilot program by filing with the ,secretary all of the following3 7,a7 ,the notice of disagreement under chapter #ga of title #ch1 ,united ,states ,code1 along with the written election of the claimant to have the appeal determined under the pilot program4 7,b7 ,all evidence that the claimant believes is needed for the appeal as of the date of the filing4 7,c7 ,a statement of the argument in support of the claim1 if any4 7#b7 ,timing ,a claimant shall make an election under paragraph 7#a7 as part of the notice of disagreement filed by the claimant in accordance with paragraph 7#a77;,a74 7#c7 ,triage ,the ,secretary shall1 upon expiration of the period specified in subsection 7c77#c77;,c71 ensure that an assessment is undertaken of whether an appeal filed under paragraph 7#a7 of this subsection satisfies the requirements for appeal under the pilot program and provide appropriate notification to the claimant of the results of that assessment4 7#d7 ,reversion 7,a7 ,elected reversion ,at any time1 a claimant who makes an election under paragraph 7#a7 may elect to revert to the standard appeals process4 ,such a reversion shall be final4 7,b7 ,automatic reversion ,a claimant described in subparagraph 7,a71 or a claimant who makes an election under paragraph 7#a7 but is later determined to be ineligible for the pilot program under subsection 7a71 shall revert to the standard appeals process without any penalty to the claimant other than the loss of the docket number associated with the fully developed appeal4 7#e7 ,outreach ,in providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection 7a7 is carried out1 the ,secretary shall conduct outreach as follows3 7,a7 ,the ,secretary shall provide to the claimant 7and to the representative of record of the claimant1 if any7 information regarding-- 7i7 the pilot program1 including the advantages and disadvantages of the program2 7ii7 how to make an election under paragraph 7#a72 7iii7 the limitation on the use of new evidence described in paragraph 7#c7 of subsection 7c7 and the development of information under paragraph 7#d7 of such subsection2 7iv7 the ability of the claimant to seek advice and education regarding such process from veterans service organizations1 attorneys1 and claims agents recognized under chapter #ei of title #ch1 ,united ,states ,code2 and 7v7 the circumstances under which the appeal will automatically revert to the standard appeals process1 including by making a request for a hearing4 7,b7 ,the ,secretary shall collaborate1 partner with1 and give weight to the advice of the three veterans service organizations with the most members and such other stakeholders as the ,secretary considers appropriate to publish on the ,internet website of the ,department of ,veterans ,affairs an online tutorial explaining the advantages and disadvantages of the pilot program4 7c7 ,treatment by ,department and ,board 7#a7 ,process ,upon the election of a claimant to file a fully developed appeal pursuant to subsection 7b77#a71 the ,secretary shall-- 7,a7 not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal2 and 7,b7 transfer jurisdiction over the fully developed appeal directly to the ,board of ,veterans' ,appeals4 7#b7 ,docket 7,a7 ,in general ,the ,board of ,veterans' ,appeals shall-- 7i7 maintain fully developed appeals on a separate docket than standard appeals2 7ii7 decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket2 7iii7 except as provided by subparagraph 7,b71 decide not more than one fully developed appeal for each four standard appeals decided2 and 7iv7 to the extent practicable1 decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement4 7,b7 ,adjustment ,beginning one year after the date on which the pilot program commences1 the ,board may adjust the number of standard appeals decided for each fully developed appeal under subparagraph 7,a77iii7 if the ,board determines that such adjustment is fair for both standard appeals and fully developed appeals4 7#c7 ,limitation on use of new evidence 7,a7 ,in general ,except as provided by subparagraphs 7,b7 and 7,c7-- 7i7 a claimant may not submit or identify to the ,board of ,veterans' ,appeals any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process pursuant to subsection 7b77#d72 and 7ii7 if a claimant submits or identifies any such new evidence1 such submission or identification shall be deemed to be an election to make such a reversion pursuant to subsection 7b77#d74 7,b7 ,evidence gathered by ,board ,subparagraph 7,a7 shall not apply to evidence developed pursuant to paragraphs 7#d7 and 7#e74 ,the ,board shall consider such evidence in the first instance without consideration by the ,veterans ,benefits ,administration4 7,c7 ,representative of record ,the representative of record of a claimant for appeals purposes1 if any1 shall be provided an opportunity to review the fully developed appeal of the claimant and submit any additional arguments or evidence that the representative determines necessary during a period specified by the ,board for purposes of this subparagraph4 7#d7 ,prohibition on remand for additional development ,if the ,board of ,veterans' ,appeals determines that a fully developed appeal requires ,federal records1 independent medical opinions1 or new medical examinations1 the ,board shall-- 7,a7 in accordance with paragraph 7#e71 take such actions as may be necessary to develop such records1 opinions1 or examinations in accordance with section #eajc;,a of title #ch1 ,united ,states ,code2 7,b7 retain jurisdiction of the fully developed appeal without requiring a determination by the ,veterans ,benefits ,administration based on such records1 opinions1 or examinations2 7,c7 ensure the claimant1 and the representative of record of a claimant1 if any1 receives a copy of such records1 opinions1 or examinations2 and 7,d7 provide the claimant a period of #ij days after the date of mailing such records1 opinions1 or examinations during which the claimant may provide the ,board any additional evidence without requiring the claimant to make a reversion pursuant to subsection 7b77#d74 7#e7 ,development unit 7,a7 ,establishment ,the ,board of ,veterans' ,appeals shall establish an office to develop ,federal records1 independent medical opinions1 and new medical examinations pursuant to paragraph 7#d77;,a7 that the ,board determines necessary to decide a fully developed appeal4 7,b7 ,requirements ,the ,secretary shall-- 7i7 ensure that the ,veterans ,benefits ,administration cooperates with the ,board of ,veterans' ,appeals in carrying out subparagraph 7,a72 and 7ii7 transfer employees of the ,veterans ,benefits ,administration who1 prior to the enactment of this ,act1 were responsible for processing claims remanded by the ,board of ,veterans' ,appeals to positions within the office of the ,board established under subparagraph 7,a7 in a number the ,secretary determines sufficient to carry out such subparagraph4 7#f7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,secretary may not provide hearings with respect to fully developed appeals under the pilot program4 ,if a claimant requests to hold a hearing pursuant to such section #gajg1 such request shall be deemed to be an election to revert to the standard appeals process pursuant to subsection 7b77#d74 7d7 ,duration2 applicability 7#a7 ,duration ,the ,secretary shall carry out the pilot program during a five-year period beginning not later than one year after the date of the enactment of this ,act4 7#b7 ,applicability ,this section shall apply only to fully developed appeals that are filed during the period in which the pilot program is carried out pursuant to paragraph 7#a74 7e7 ,annual reports 7#a7 ,in general ,during each year in which the pilot program is carried out1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the pilot program4 ,the first such report shall be submitted by not later than #ahj days after the date on which the pilot program commences4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,for the period covered by the report-- 7i7 the number of fully developed appeals filed under the pilot program2 7ii7 the average processing time for each such appeal adjudicated by the ,board of ,veterans' ,appeals1 disaggregated by each phase of the appeal1 and1 if the processing time for appeals exceed one year1 the reasons for such processing time2 7iii7 a summary of reasons for which the development of evidence was required under subsection 7c77#e72 7iv7 the number of issues decided1 disaggregated by the disposition of the issue2 7v7 of the number identified in clause 7iv71 the number of issues for which evidence was not so developed1 disaggregated by the disposition of the issue2 7vi7 of the number of fully developed appeals decided by the ,board of ,veterans' ,appeals1 the number of cases from each agency of original jurisdiction1 the total number of issues allowed1 and the total number of issues denied from those cases2 7vii7 the number of fully developed appeals appealed to the ,court of ,appeals for ,veterans ,claims1 disaggregated by the disposition of the case2 7viii7 the number of reversions made under subsection 7b77#d72 7ix7 any reasons for why a claimant was determined to be ineligible to participate in the pilot program2 and 7x7 to the extent practicable1 a qualitative assessment of the results achieved by claimants through the pilot program compared to results achieved by claimants through the standard appeal process4 7,b7 ,a review1 made in conjunction with veterans service organizations and such other stakeholders as the ,secretary considers appropriate1 of the efforts of the ,secretary to provide clear rating decisions and improve disability rating notification letters1 including with respect to-- 7i7 the opinions of veterans service organizations and such other stakeholders as the ,secretary considers appropriate regarding such efforts2 and 7ii7 how the pilot program improves such efforts4 7,c7 ,a recommendation for such legislative or administrative action as the ,secretary considers may improve the pilot program4 7,d7 ,an assessment of the feasibility and advisability of expanding the pilot program4 7f7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary to carry out the pilot program4 7g7 ,definitions ,in this section3 7#a7 ,claimant ,the term claimant has the meaning given that term in section #eajj of title #ch1 ,united ,states ,code4 7#b7 ,compensation ,the term compensation has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#c7 ,fully developed appeal ,the term fully developed appeal means an appeal of a claim for disability compensation that is-- 7,a7 filed by a claimant in accordance with subsection 7b77#a72 and 7,b7 considered in accordance with this section4 7#d7 ,standard appeal ,the term standard appeal means an appeal of a claim for disability compensation that is not a fully developed appeal4 #cjf4 ,requirement that ,secretary of ,veterans ,affairs publish the average time required to adjudicate timely and untimely appeals 7a7 ,publication requirement 7#a7 ,in general ,on an ongoing basis1 the ,secretary of ,veterans ,affairs shall make available to the public the following3 7,a7 ,the average length of time to adjudicate a timely appeal4 7,b7 ,the average length of time to adjudicate an untimely appeal4 7#b7 ,effective date ,paragraph 7#a7 shall take effect on the date that is one year after the date of the enactment of this ,act and shall apply until the date that is three years after the date of the enactment of this ,act4 7b7 ,report 7#a7 ,in general ,not later than #ci months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on whether publication pursuant to subsection 7a77#a7 has had an effect on the number of timely appeals filed4 7#b7 ,contents ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,the number of appeals and timely appeals that were filed during the one-year period ending on the effective date specified in subsection 7a77#b74 7,b7 ,the number of appeals and timely appeals that were filed during the one-year period ending on the date that is two years after the effective date specified in subsection 7a77#b74 7c7 ,definitions ,in this section3 7#a7 ,appeal ,the term appeal means a notice of disagreement filed pursuant to section #gaje7;a7 of title #ch1 ,united ,states ,code1 in response to notice of the result of an initial review or determination regarding a claim for a benefit under a law administered by the ,secretary of ,veterans ,affairs4 7#b7 ,timely ,the term timely with respect to an appeal means that the notice of disagreement was filed not more than #ahj days after the date of mailing of the notice of the result of the initial review or determination described in paragraph 7#a74 7#c7 ,untimely ,the term untimely with respect to an appeal means the notice of disagreement was filed more than #ahj days after the date of mailing of the notice of the result of the initial review or determination described in paragraph 7#a74 #cjg4 ,comptroller ,general review of claims processing performance of regional offices of ,veterans ,benefits ,administration 7a7 ,review required ,not later than #ae months after the effective date specified in subsection 7e71 the ,comptroller ,general of the ,united ,states shall complete a review of the regional offices of the ,veterans ,benefits ,administration to help the ,veterans ,benefits ,administration achieve more consistent performance in the processing of claims for disability compensation4 7b7 ,elements ,the review required by subsection 7a7 shall include the following3 7#a7 ,an identification of the following3 7,a7 ,the factors1 including management practices1 that distinguish higher performing regional offices from other regional offices with respect to claims for disability compensation4 7,b7 ,the best practices employed by higher performing regional offices that distinguish the performance of such offices from other regional offices4 7,c7 ,such other management practices or tools as the ,comptroller ,general determines could be used to improve the performance of regional offices4 7#b7 ,an assessment of the effectiveness of communication with respect to the processing of claims for disability compensation between the regional offices and veterans service organizations and caseworkers employed by ,members of ,congress4 7c7 ,report ,not later than #ae months after the effective date specified in subsection 7e71 the ,comptroller ,general shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the results of the review completed under subsection 7a74 7d7 ,veterans service organization defined ,in this section1 the term veterans service organization means any organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7e7 ,effective date ,this section shall take effect on the date that is #bgj days after the date of the enactment of this ,act4 #cjh4 ,report on participation of veterans service organizations in ,transition ,assistance ,program 7a7 ,report required ,not later than #edj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to ,congress a report on participation of veterans service organizations in the program carried out under section #aadd of title #aj1 ,united ,states ,code4 7b7 ,contents ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the compliance of facilities of the ,department of ,defense with the directives included in the memorandum of the ,secretary of ,defense entitled ,installation ,access and ,support ,services for ,nonprofit ,non-,federal ,entities and dated ,december #bc1 #bjad4 7#b7 ,the number of military bases that have complied with such directives4 7#c7 ,how many veterans service organizations have been present at a portion of a program as described in subsection 7a74 7c7 ,veterans service organization defined ,in this section1 the term veterans service organization means any organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 #cji4 ,inclusion in annual budget submission of information on capacity of ,veterans ,benefits ,administration to process benefits claims 7a7 ,in general ,along with the supporting information included in the budget submitted to ,congress by the ,president pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,president shall include information on the capacity of the ,veterans ,benefits ,administration to process claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs1 including information described in subsection 7b71 during the fiscal year covered by the budget with which the information is submitted4 7b7 ,information described ,the information described in this subsection is the following3 7#a7 ,an estimate of the average number of claims for benefits under the laws administered by the ,secretary1 excluding such claims completed during mandatory overtime1 that a single full-time equivalent employee of the ,administration should be able to process in a year1 based on the following3 7,a7 ,a time and motion study that the ,secretary shall conduct on the processing of such claims4 7,b7 ,such other information relating to such claims as the ,secretary considers appropriate4 7#b7 ,a description of the actions the ,secretary will take to improve the processing of such claims4 7#c7 ,an assessment of the actions identified by the ,secretary under paragraph 7#b7 in the previous year and an identification of the effects of those actions4 7c7 ,effective date ,this section shall apply with respect to any budget submitted as described in subsection 7a7 with respect to any fiscal year after fiscal year #bjag4 #caj4 ,report on staffing levels at regional offices of ,department of ,veterans ,affairs after transition to ,national ,work ,queue ,not later than #ae months after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the criteria and procedures that the ,secretary will use to determine appropriate staffing levels at the regional offices of the ,department once the ,department has transitioned to using the ,national ,work ,queue for the distribution of the claims processing workload4 #caa4 ,annual report on progress in implementing ,veterans ,benefits ,management ,system 7a7 ,in general ,not later than each of one year1 two years1 and three years after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report on the progress of the ,secretary in implementing the ,veterans ,benefits ,management ,system4 7b7 ,contents ,each report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the current functionality of the ,veterans ,benefits ,management ,system4 7#b7 ,recommendations submitted to the ,secretary by employees of the ,department of ,veterans ,affairs who are involved in processing claims for benefits under the laws administered by the ,secretary1 including veterans service representatives1 rating veterans service representatives1 and decision review officers1 for such legislative or administrative action as the employees consider appropriate to improve the processing of such claims4 7#c7 ,recommendations submitted to the ,secretary by veterans service organizations who use the ,veterans ,benefits ,management ,system for such legislative or administrative action as the veterans service organizations consider appropriate to improve such system4 7c7 ,veterans service organization defined ,in this section1 the term veterans service organization means any organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 #cab4 ,report on plans of ,secretary of ,veterans ,affairs to reduce inventory of non-rating workload ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report that details the plans of the ,secretary to reduce the inventory of work items listed in the ,monday ,morning ,workload ,report under ,end ,products #acj1 #acg1 #agc1 #bij1 #djj1 #fjj1 #fjg1 #fij1 #icj1 and #ifj4 #cac4 ,sense of ,congress on increased transparency relating to claims for benefits and appeals of decisions relating to benefits in ,monday ,morning ,workload ,report ,it is the sense of ,congress that the ,secretary of ,veterans ,affairs should include in each ,monday ,morning ,workload ,report published by the ,secretary the following3 7#a7 ,with respect to each regional office of the ,department of ,veterans ,affairs1 the following3 7,a7 ,the number of fully developed claims for benefits under the laws administered by the ,secretary that have been received4 7,b7 ,the number of claims described in subparagraph 7,a7 that are pending a decision4 7,c7 ,the number of claims described in subparagraph 7,a7 that have been pending a decision for more than #abe days4 7#b7 ,enhanced information on appeals of decisions relating to claims for benefits under the laws administered by the ,secretary that are pending1 including information contained in the reports of the ,department entitled ,appeals ,pending and ,appeals ,workload ,by ,station4 #cad4 ,sense of ,congress regarding ,american veterans disabled for life 7a7 ,findings ,congress makes the following findings3 7#a7 ,there are at least #d1bjj1jjj veterans currently living with service-connected disabilities4 7#b7 ,as a result of their service1 many veterans are permanently disabled throughout their lives and in many cases must rely on the support of their families and friends when these visible and invisible burdens become too much to bear alone4 7#c7 ,october #e1 which is the anniversary of the dedication of the ,american ,veterans ,disabled for ,life ,memorial1 has been recognized as an appropriate day on which to honor ,american veterans disabled for life each year4 7b7 ,sense of ,congress ,congress-- 7#a7 expresses its appreciation to the men and women left permanently wounded1 ill1 or injured as a result of their service in the ,armed ,forces2 7#b7 supports the annual recognition of ,american veterans disabled for life each year2 and 7#c7 encourages the ,american people to honor ,american veterans disabled for life each year with appropriate programs and activities4 #cae4 ,sense of ,congress on submittal of information relating to claims for disabilities incurred or aggravated by military sexual trauma 7a7 ,in general ,it is the sense of ,congress that the ,secretary of ,veterans ,affairs should submit to ,congress information on the covered claims submitted to the ,secretary during each fiscal year1 including the information specified in subsection 7b74 7b7 ,elements ,the information specified in this subsection with respect to each fiscal year is the following3 7#a7 ,the number of covered claims submitted to or considered by the ,secretary during such fiscal year4 7#b7 ,of the covered claims under paragraph 7#a71 the number and percentage of such claims-- 7,a7 submitted by each sex2 7,b7 that were approved1 including the number and percentage of such approved claims submitted by each sex2 and 7,c7 that were denied1 including the number and percentage of such denied claims submitted by each sex4 7#c7 ,of the covered claims under paragraph 7#a7 that were approved1 the number and percentage1 listed by each sex1 of claims assigned to each rating percentage of disability4 7#d7 ,of the covered claims under paragraph 7#a7 that were denied-- 7,a7 the three most common reasons given by the ,secretary under section #eajd7;b77#a7 of title #ch1 ,united ,states ,code1 for such denials2 and 7,b7 the number of denials that were based on the failure of a veteran to report for a medical examination4 7#e7 ,the number of covered claims that1 as of the end of such fiscal year1 are pending and1 separately1 the number of such claims on appeal4 7#f7 ,the average number of days that covered claims take to complete beginning on the date on which the claim is submitted4 7#g7 ,a description of the training that the ,secretary provides to employees of the ,veterans ,benefits ,administration specifically with respect to covered claims1 including the frequency1 length1 and content of such training4 7c7 ,definitions ,in this section3 7#a7 ,covered claims ,the term covered claims means claims for disability compensation submitted to the ,secretary based on post-traumatic stress disorder alleged to have been incurred or aggravated by military sexual trauma4 7#b7 ,military sexual trauma ,the term military sexual trauma shall have the meaning specified by the ,secretary for purposes of this section and shall include sexual harassment 7as so specified74 ,,iv ,education ,a ,educational assistance and vocational rehabilitation #dja4 ,clarification of eligibility for ,marine ,gunnery ,sergeant ,john ,david ,fry ,scholarship 7a7 ,in ,general ,section #gja7;d7 of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #abh ,stat4 #agif2 #ch ,u4,s4,c4 #ccaa note7 is amended to read as follows3 7d7 ,applicability 7#a7 ,in general ,the amendments made by this section shall apply with respect to a quarter1 semester1 or term1 as applicable1 commencing on or after ,january #a1 #bjae4 7#b7 ,deaths that occurred between ,september #aa1 #bjja1 and ,december #ca1 #bjje ,for purposes of section #ccaa7;f77#b7 of title #ch1 ,united ,states ,code1 any member of the ,armed ,forces who died during the period beginning on ,september #aa1 #bjja1 and ending on ,december #ca1 #bjje1 is deemed to have died on ,january #a1 #bjjf4 4 7b7 ,election on receipt of certain benefits ,section #ccaa7;f7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by striking ,a surviving spouse and inserting ,except as provided in paragraph 7#d71 a surviving spouse2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following new paragraph 7#d73 7#d7 ,exception for certain elections 7,a7 ,in general ,an election made under paragraph 7#c7 by a spouse described in subparagraph 7,b7 may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph4 7,b7 ,eligible surviving spouse ,a spouse described in this subparagraph is an individual-- 7i7 who is entitled to assistance under subsection 7a7 pursuant to paragraph 7#i7 of subsection 7b72 and 7ii7 who was the spouse of a member of the ,armed ,forces who died during the period beginning on ,september #aa1 #bjja1 and ending on ,december #ca1 #bjje4 4 7c7 ,technical amendment ,paragraph 7#e7 of subsection 7f7 of section #ccaa of title #ch1 ,united ,states ,code1 as redesignated by subsection 7b77#b71 is amended by striking that paragraph and inserting paragraph 7#i7 of subsection 7b74 7d7 ,yellow ,ribbon ,g4,i4 ,education ,enhancement ,program ,section #ccag7;a7 of such title is amended by striking paragraphs 7#a7 and 7#b7 of section #ccaa7;b7 and inserting paragraphs 7#a71 7#b71 and 7#i7 of section #ccaa7;b7 of this title4 #djb4 ,restoration of entitlement to ,post-#i_/aa ,educational ,assistance for veterans affected by closures of educational institutions 7a7 ,educational assistance 7#a7 ,in general ,section #ccab of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,discontinuation of education due to closure of educational institution 7#a7 ,in general ,any payment of educational assistance described in paragraph 7#b7 shall not-- 7,a7 be charged against any entitlement to educational assistance of the individual concerned under this chapter2 or 7,b7 be counted against the aggregate period for which section #cfie of this title limits the individual's receipt of educational assistance under this chapter4 7#b7 ,description of payment of educational assistance ,subject to paragraph 7#c71 the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the ,secretary finds that the individual-- 7,a7 was forced to discontinue such course pursuit as a result of a permanent closure of an educational institution2 and 7,b7 did not receive credit1 or lost training time1 toward completion of the program of education being pursued at the time of such closure4 7#c7 ,period for which payment not charged ,the period for which1 by reason of this subsection1 educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section #cfie of this title shall not exceed the aggregate of-- 7,a7 the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time1 as determined under paragraph 7#b77;,b71 and 7,b7 the period by which a monthly stipend is extended under section #cfhj7;a77#b77;,b7 of this title4 4 7#b7 ,applicability ,subsection 7d7 of such section1 as added by paragraph 7#a71 shall apply with respect to courses and programs of education discontinued as described in paragraph 7#b7 of such subsection in fiscal year #bjae or any fiscal year thereafter4 7b7 ,monthly housing stipend 7#a7 ,in general ,section #cfhj7;a7 of such title is amended-- 7,a7 by striking the matter after paragraph 7#c77;,b72 7,b7 in paragraph 7#c71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7,c7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7,d7 in the matter before subparagraph 7,a71 as redesignated1 in the first sentence1 by striking ,payment of and inserting 7#a7 ,except as provided in paragraph 7#b71 payment of2 and 7,e7 by adding at the end the following new paragraph 7#b73 7#b7 ,notwithstanding paragraph 7#a71 the ,secretary may1 pursuant to such regulations as the ,secretary shall prescribe1 continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph 7#a77;,a7-- 7,a7 during periods when schools are temporarily closed under an established policy based on an ,executive order of the ,president or due to an emergency situation1 except that the total number of weeks for which allowances may continue to be so payable in any #ab-month period may not exceed four weeks2 or 7,b7 solely for the purpose of awarding a monthly housing stipend described in section #ccac of this title1 during periods following a permanent school closure1 except that payment of such a stipend may only be continued until the earlier of-- 7i7 the date of the end of the term1 quarter1 or semester during which the school closure occurred2 and 7ii7 the date that is #d months after the date of the school closure4 4 7#b7 ,conforming amendment ,paragraph 7#a77;,c77ii7 of such section1 as redesignated1 is amended by striking described in subclause 7,a7 of this clause and inserting described in clause 7i74 #djc4 ,consideration of eligibility for ,post-#i_/aa ,educational ,assistance for certain time on active duty in reserve components of ,armed ,forces 7a7 ,in general ,section #ccja7a77;,b7 of title #ch1 ,united ,states ,code1 is amended by striking #abcjb1 or #abcjd and inserting #abcja7;h71 #abcjb1 #abcjd1 #abcjd;a1 or #abcjd;b4 7b7 ,effective date and applicability ,the amendment made by subsection 7a7 shall-- 7#a7 take effect on the date that is one year after the date of the enactment of this ,act2 7#b7 apply with respect to assistance provided under chapter #cc of such title on and after the date that is one year after the date of the enactment of this ,act2 and 7#c7 apply with respect to any member of a reserve component of the ,armed ,forces who serves or has served on active duty under section #abcja7;h71 #abcjd;a1 or #abcjd;b of title #aj1 ,united ,states ,code1 before1 on1 or after the date of the enactment of this ,act4 #djd4 ,approval of courses of education and training for purposes of the vocational rehabilitation program of the ,department of ,veterans ,affairs 7a7 ,in general ,section #cajd7;b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,a rehabilitation2 and 7#b7 by adding at the end the following new paragraph3 7#b7 7,a7 ,except as provided in subparagraph 7,b71 to the maximum extent practicable1 a course of education or training may be pursued by a veteran as part of a rehabilitation program under this chapter only if the course is approved for purposes of chapter #cj or #cc of this title4 7,b7 ,the ,secretary may waive the requirement under subparagraph 7,a7 to the extent the ,secretary determines appropriate4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to a course of education or training pursued by a veteran who first begins a program of rehabilitation under chapter #ca of title #ch1 ,united ,states ,code1 on or after the date that is one year after the date of the enactment of this ,act4 #dje4 ,authority to prioritize vocational rehabilitation services based on need ,section #cajd of title #ch1 ,united ,states ,code1 as amended by section #djd1 is further amended by adding at the end the following new subsection3 7c7 7#a7 ,the ,secretary shall have the authority to administer this chapter by prioritizing the provision of services under this chapter based on need1 as determined by the ,secretary4 7#b7 ,in evaluating need for purposes of this subsection1 the ,secretary shall consider disability ratings1 the severity of employment handicaps1 qualification for a program of independent living services and assistance1 income1 and such other factors as the ,secretary considers appropriate4 7#c7 ,not later than #ij days before making any changes to the prioritization of the provision of services under this chapter as authorized under paragraph 7#a71 the ,secretary shall submit to ,congress a plan describing such changes4 4 #djf4 ,codification and improvement of election process for ,post-#i_/aa ,educational ,assistance ,program 7a7 ,in general ,subchapter ,,iii of chapter #cc of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #ccbe as section #ccbf2 and 7#b7 by inserting after section #ccbd the following new section #ccbe3 #ccbe4 ,election to receive educational assistance 7a7 ,individuals eligible to elect participation in post-#i_/aa educational assistance ,an individual may elect to receive educational assistance under this chapter if such individual-- 7#a7 as of ,august #a1 #bjji-- 7,a7 is entitled to basic educational assistance under chapter #cj of this title and has used1 but retains unused1 entitlement under that chapter2 7,b7 is entitled to educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj and has used1 but retains unused1 entitlement under the applicable chapter2 7,c7 is entitled to basic educational assistance under chapter #cj of this title but has not used any entitlement under that chapter2 7,d7 is entitled to educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj but has not used any entitlement under such chapter2 7,e7 is a member of the ,armed ,forces who is eligible for receipt of basic educational assistance under chapter #cj of this title and is making contributions toward such assistance under section #cjaa7;b7 or #cjab7;c7 of this title2 or 7,f7 is a member of the ,armed ,forces who is not entitled to basic educational assistance under chapter #cj of this title by reason of an election under section #cjaa7;c77#a7 or #cjab7;d77#a7 of this title2 and 7#b7 as of the date of the individual's election under this paragraph1 meets the requirements for entitlement to educational assistance under this chapter4 7b7 ,cessation of contributions toward ,,gi bill ,effective as of the first month beginning on or after the date of an election under subsection 7a7 of an individual described by paragraph 7#a77;,e7 of that subsection1 the obligation of the individual to make contributions under section #cjaa7;b7 or #cjab7;c7 of this title1 as applicable1 shall cease1 and the requirements of such section shall be deemed to be no longer applicable to the individual4 7c7 ,revocation of remaining transferred entitlement 7#a7 ,election to revoke ,if1 on the date an individual described in paragraph 7#a77;,a7 or 7#a77;,c7 of subsection 7a7 makes an election under that subsection1 a transfer of the entitlement of the individual to basic educational assistance under section #cjbj of this title is in effect and a number of months of the entitlement so transferred remain unutilized1 the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized4 7#b7 ,availability of revoked entitlement ,any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred1 but shall be available to the individual instead for educational assistance under chapter #cc of this title in accordance with the provisions of this section4 7#c7 ,availability of unrevoked entitlement ,any entitlement described in paragraph 7#a7 that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section #cjbj of this title4 7d7 ,post-#i_/aa educational assistance 7#a7 ,in general ,subject to paragraph 7#b7 and except as provided in subsection 7e71 an individual making an election under subsection 7a7 shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter1 instead of basic educational assistance under chapter #cj of this title1 or educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable4 7#b7 ,limitation on entitlement for certain individuals ,in the case of an individual making an election under subsection 7a7 who is described by paragraph 7#a77;,a7 of that subsection1 the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to-- 7,a7 the number of months of unused entitlement of the individual under chapter #cj of this title1 as of the date of the election1 plus 7,b7 the number of months1 if any1 of entitlement revoked by the individual under subsection 7c77#a74 7e7 ,continuing entitlement to educational assistance not available under #i_/aa assistance program 7#a7 ,in general ,in the event educational assistance to which an individual making an election under subsection 7a7 would be entitled under chapter #cj of this title1 or chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable1 is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter4 7#b7 ,charge for use of entitlement ,the utilization by an individual of entitlement under paragraph 7#a7 shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph 7#a7 7as determined as if such entitlement were utilized under the provisions of chapter #cj of this title1 or chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable74 7f7 ,additional post-#i_/aa assistance for members having made contributions toward ,,gi bill 7#a7 ,additional assistance ,in the case of an individual making an election under subsection 7a7 who is described by subparagraph 7,a71 7,c71 or 7,e7 of paragraph 7#a7 of that subsection1 the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph 7#a77;,b7 of section #ccac7;c7 of this title1 or under paragraphs 7#b7 through 7#g7 of that section 7as applicable71 shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to-- 7,a7 the total amount of contributions toward basic educational assistance made by the individual under section #cjaa7;b7 or #cjab7;c7 of this title1 as of the date of the election1 multiplied by 7,b7 the fraction-- 7i7 the numerator of which is-- 7,i7 the number of months of entitlement to basic educational assistance under chapter #cj of this title remaining to the individual at the time of the election2 plus 7,,ii7 the number of months1 if any1 of entitlement under chapter #cj revoked by the individual under subsection 7c77#a72 and 7ii7 the denominator of which is #cf months4 7#b7 ,months of remaining entitlement for certain individuals ,in the case of an individual covered by paragraph 7#a7 who is described by subsection 7a77#a77;,e71 the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph 7#a77;,b77i77,,ii7 shall be #cf months4 7#c7 ,timing of payment ,the amount payable with respect to an individual under paragraph 7#a7 shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph 7#a77;,b7 of section #ccac7;c7 of this title1 or under paragraphs 7#b7 through 7#g7 of that section 7as applicable71 before the exhaustion of the individual's entitlement to educational assistance under this chapter4 7g7 ,continuing entitlement to additional assistance for critical skills or speciality and additional service ,an individual making an election under subsection 7a77#a7 who1 at the time of the election1 is entitled to increased educational assistance under section #cjae7;d7 of this title1 or section #afaca7;i7 of title #aj1 or supplemental educational assistance under subchapter ,,iii of chapter #cj of this title1 shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter1 in an amount equal to the quarter1 semester1 or term1 as applicable1 equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election4 7h7 ,alternative election by ,secretary 7#a7 ,in general ,in the case of an individual who1 on or after ,january #a1 #bjaf1 submits to the ,secretary an election under this section that the ,secretary determines is clearly against the interests of the individual1 or who fails to make an election under this section1 the ,secretary may make an alternative election on behalf of the individual that the ,secretary determines is in the best interests of the individual4 7#b7 ,notice ,if the ,secretary makes an election on behalf of an individual under this subsection1 the ,secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a #cj-;day period1 beginning on the date of the individual's receipt of such notice1 during which the individual may modify or revoke the election made by the ,secretary on the individual's behalf4 ,the ,secretary shall include1 as part of such notice1 a clear statement of why the alternative election made by the ,secretary is in the best interests of the individual as compared to the election submitted by the individual4 ,the ,secretary shall provide the notice required under this paragraph by electronic means whenever possible4 7i7 ,irrevocability of elections ,an election under subsection 7a7 or 7c77#a7 is irrevocable4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by striking the item relating to section #ccbe and inserting the following new items3 #ccbe4 ,election to receive educational assistance4#ccbf4 ,reporting requirement4 4 7c7 ,conforming repeal ,subsection 7c7 of section #ejjc of the ,post-#i_/aa ,veterans ,educational ,assistance ,act of #bjjh 7,public ,law #aaj-beb2 #ch ,u4,s4,c4 #ccja note7 is hereby repealed4 #djg4 ,work-study allowance ,section #cdhe7;a77#d7 of title #ch1 ,united ,states ,code1 is amended by striking ,june #cj1 #bjac each place it appears and inserting ,june #cj1 #bjac1 or the period beginning on ,june #cj1 #bjaf1 and ending on ,june #cj1 #bjba4 #djh4 ,retention of entitlement to educational assistance during certain additional periods of active duty 7a7 ,educational assistance allowance ,section #afaca7;c77#c77;,b77i7 of title #aj1 ,united ,states ,code1 is amended by striking or #abcjd and inserting #abcjd1 #abcjd;a1 or #abcjd;b4 7b7 ,expiration date ,section #afacc7;b77#d7 of such title is amended by striking or #abcjd and inserting #abcjd1 #abcjd;a1 or #abcjd;b4 #dji4 ,eligibility for ,post-#i_/aa ,educational ,assistance for certain members of reserve components of ,armed ,forces who lost entitlement to educational assistance under ,reserve ,educational ,assistance ,program 7a7 ,election ,section #afafg of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,eligibility for ,post-#i_/aa ,educational ,assistance ,a member who loses eligibility for benefits under this chapter pursuant to subsection 7b7 shall be allowed to elect 7in such form and manner as the ,secretary of ,veterans ,affairs may prescribe7 to have such service previously credited toward this chapter credited towards establishing eligibility for educational assistance under chapter #cc of title #ch1 ,united ,states ,code1 notwithstanding the provisions of section #afafc7;e7 of this title or section #ccbb7;h77#a7 of title #ch4 4 7b7 ,qualification of service ,section #ccja7a7 of title #ch1 ,united ,states ,code1 shall be construed to include1 in the case of a member of a reserve component of the ,armed ,forces who1 before ,november #be1 #bjae1 established eligibility for educational assistance under chapter #afjg of title #aj1 ,united ,states ,code1 pursuant to section #afafc7;a77#a7 of such title1 but lost eligibility for such educational assistance pursuant to section #afafg7;b7 of such title1 service on active duty 7as defined in section #aja of such title7 that satisfies the requirements of section #afafc7;a77#a7 of such title4 7c7 ,entitlement ,section #ccaa7;b77#h7 of title #ch1 ,united ,states ,code1 shall be construed to include an individual who1 before ,november #be1 #bjae1 established eligibility for educational assistance under chapter #afjg of title #aj1 ,united ,states ,code1 pursuant to section #afafc7;b7 of such title1 but lost such eligibility pursuant to section #afafg7;b7 of such title4 7d7 ,duration ,notwithstanding section #ccab of title #ch1 ,united ,states ,code1 an individual who establishes eligibility for educational assistance under chapter #cc of such title by crediting towards such chapter service previously credited towards chapter #afjg of title #aj1 ,united ,states ,code1 is only entitled to a number of months of educational assistance under section #ccac of title #ch1 ,united ,states ,code1 equal to the number of months of entitlement remaining under chapter #afjg of title #aj1 ,united ,states ,code1 at the time of conversion to chapter #cc of title #ch1 ,united ,states ,code4 #daj4 ,reports on progress of students receiving ,post-#i_/aa ,educational ,assistance 7a7 ,in general ,chapter #cc of title #ch1 ,united ,states ,code1 as amended by section #djf1 is further amended-- 7#a7 in subsection #ccbf7;c71 as redesignated-- 7,a7 in paragraph 7#b71 by striking and after the semicolon2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following new paragraph 7#c73 7#c7 the information received by the ,secretary under section #ccbg of this title2 and 2 and 7#b7 by adding at the end the following new section3 #ccbg4 ,report on student progress ,as a condition on approval under chapter #cf of this title of a course offered by an educational institution 7as defined in section #cdeb of this title71 each year1 each educational institution 7as so defined7 that received a payment in that year on behalf of an individual entitled to educational assistance under this chapter shall submit to the ,secretary such information regarding the academic progress of the individual as the ,secretary may require4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter1 as amended by section #djf1 is further amended by adding at the end the following new item3 #ccbg4 ,report on student progress4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this ,act4 ,b ,administration of educational assistance #dba4 ,centralized reporting of veteran enrollment by certain groups1 districts1 and consortiums of educational institutions 7a7 ,in general ,section #cfhd7;a7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting #cb1 #cc1 after #ca12 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,for purposes of this subsection1 the term educational institution may include a group1 district1 or consortium of separately accredited educational institutions located in the same ,state that are organized in a manner that facilitates the centralized reporting of the enrollments in such group1 district1 or consortium of institutions4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to reports submitted on or after the date of the enactment of this ,act4 #dbb4 ,provision of information regarding veteran entitlement to educational assistance 7a7 ,in general ,subchapter ,,ii of chapter #cf of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cfii4 ,provision of certain information to educational institutions 7a7 ,in general ,for each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter #cj1 #cb1 #cc1 or #ce of this title1 the ,secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled4 7b7 ,manner information is provided ,the ,secretary shall ensure that information made available to an educational institution under subsection 7a7 is provided to such educational institution pursuant to such subsection through a secure information technology system accessible by the educational institution4 7c7 ,regular updates ,the ,secretary shall regularly update information provided under this section to reflect any amounts used by veterans and other individuals4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #cfih the following new item3 #cfii4 ,provision of certain information to educational institutions4 4 #dbc4 ,role of ,state approving agencies 7a7 ,approval of certain courses ,section #cfgb7;b77#b77;,a7 of title #ch1 ,united ,states ,code1 is amended by striking the following and all that follows through the colon and inserting the following3 a program of education is deemed to be approved for purposes of this chapter if a ,state approving agency1 or the ,secretary when acting in the role of a ,state approving agency1 determines that the program is one of the following programs34 7b7 ,approval of other courses ,section #cfge of such title is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking ,the ,secretary or a ,state approving agency and inserting ,a ,state approving agency1 or the ,secretary when acting in the role of a ,state approving agency12 and 7,b7 by striking offered by proprietary for-profit educational institutions and inserting not covered by section #cfgb of this title2 and 7#b7 in subsection 7b7-- 7,a7 in the matter before paragraph 7#a71 by striking the ,secretary or the ,state approving agency and inserting the ,state approving agency1 or the ,secretary when acting in the role of a ,state approving agency12 and 7,b7 in paragraph 7#a71 by striking the ,secretary or the ,state approving agency and inserting the ,state approving agency1 or the ,secretary when acting in the role of a ,state approving agency4 #dbd4 ,criteria used to approve courses 7a7 ,nonaccredited courses ,section #cfgf7;c77#ad7 of title #ch1 ,united ,states ,code1 is amended by inserting before the period the following3 if the ,secretary1 in consultation with the ,state approving agency and pursuant to regulations prescribed to carry out this paragraph1 determines such criteria are necessary and treat public1 private1 and proprietary for-profit educational institutions equitably4 7b7 ,accredited courses ,section #cfge7;b77#c7 of such title is amended by striking and 7#c7 and inserting 7#c71 and 7#ad74 7c7 ,application ,the amendment made by subsection 7a7 shall apply with respect to-- 7#a7 criteria developed pursuant to paragraph 7#ad7 of subsection 7c7 of section #cfgf of title #ch1 ,united ,states ,code1 on or after ,january #a1 #bjac2 and 7#b7 an investigation conducted under such subsection that is covered by a reimbursement of expenses paid by the ,secretary of ,veterans ,affairs to a ,state pursuant to section #cfgd of such title on or after ,october #a1 #bjae4 #dbe4 ,modification of requirements for approval for purposes of educational assistance provided by ,department of ,veterans ,affairs of programs designed to prepare individuals for licensure or certification 7a7 ,approval of nonaccredited courses ,subsection 7c7 of section #cfgf of title #ch1 ,united ,states ,code1 as amended by this subtitle1 is further amended-- 7#a7 by redesignating paragraph 7#ad7 as paragraph 7#af72 and 7#b7 by inserting after paragraph 7#ac7 the following new paragraphs3 7#ad7 ,in the case of a course designed to prepare an individual for licensure or certification in a ,state1 the course-- 7,a7 meets all instructional curriculum licensure or certification requirements of such ,state2 and 7,b7 in the case of a course designed to prepare an individual for licensure to practice law in a ,state1 is accredited by an accrediting agency or association recognized by the ,secretary of ,education under subpart #b of part ,h of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b74 7#ae7 ,in the case of a course designed to prepare an individual for employment pursuant to standards developed by a board or agency of a ,state in an occupation that requires approval1 licensure1 or certification1 the course-- 7,a7 meets such standards2 and 7,b7 in the case of a course designed to prepare an individual for licensure to practice law in a ,state1 is accredited by an accrediting agency or association recognized by the ,secretary of ,education under subpart #b of part ,h of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b74 4 7b7 ,exceptions ,such section is further amended by adding at the end the following new subsection3 7f7 7#a7 ,the ,secretary may waive the requirements of paragraph 7#ad7 or 7#ae7 of subsection 7c7 in the case of a course of education offered by an educational institution 7either accredited or not accredited7 if the ,secretary determines all of the following3 7,a7 ,the educational institution is not accredited by an agency or association recognized by the ,secretary of ,education4 7,b7 ,the course did not meet the requirements of such paragraph at any time during the two-year period preceding the date of the waiver4 7,c7 ,the waiver furthers the purposes of the educational assistance programs administered by the ,secretary or would further the education interests of individuals eligible for assistance under such programs4 7,d7 ,the educational institution does not provide any commission1 bonus1 or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance1 except for the recruitment of foreign students residing in foreign countries who are not eligible to receive ,federal student assistance4 7#b7 ,not later than #cj days after the date on which the ,secretary issues a waiver under paragraph 7#a71 the ,secretary shall submit to ,congress notice of such waiver and a justification for issuing such waiver4 4 7c7 ,approval of accredited courses ,section #cfge7;b77#c7 of such title1 as amended by this subtitle1 is further amended-- 7#a7 by striking and 7#ad7 and inserting 7#ad71 7#ae71 and 7#af72 and 7#b7 by inserting before the period at the end the following3 7or1 with respect to such paragraphs 7#ad7 and 7#ae71 the requirements under such paragraphs are waived pursuant to subsection 7f77#a7 of section #cfgf of this title74 7d7 ,approval of accredited standard college degree programs offered at public or not-for-profit educational institutions ,section #cfgb7;b77#b7 of such title is amended-- 7#a7 in subparagraph 7,a77i71 by striking ,an accredited and inserting ,except as provided in subparagraph 7,c71 an accredited2 and 7#b7 by adding at the end the following new subparagraph3 7,c7 ,a course that is described in both subparagraph 7,a77i7 of this paragraph and in paragraph 7#ad7 or 7#ae7 of section #cfgf7;c7 of this title shall not be deemed to be approved for purposes of this chapter unless-- 7i7 a ,state approving agency1 or the ,secretary when acting in the role of a ,state approving agency1 determines that the course meets the applicable criteria in such paragraphs2 or 7ii7 the ,secretary issues a waiver for such course under section #cfgf7;f77#a7 of this title4 4 7e7 ,disapproval of courses ,section #cfgi of such title is amended by adding at the end the following new subsection3 7d7 ,notwithstanding any other provision of this chapter1 the ,secretary or the applicable ,state approving agency shall disapprove a course of education described in paragraph 7#ad7 or 7#ae7 of section #cfgf7;c7 of this title unless the educational institution providing the course of education-- 7#a7 publicly discloses any conditions or additional requirements1 including training1 experience1 or examinations1 required to obtain the license1 certification1 or approval for which the course of education is designed to provide preparation2 and 7#b7 makes each disclosure required by paragraph 7#a7 in a manner that the ,secretary considers prominent 7as specified by the ,secretary in regulations prescribed for purposes of this subsection74 4 7f7 ,applicability ,if after enrollment in a course of education that is subject to disapproval by reason of an amendment made by this ,act1 an individual pursues one or more courses of education at the same educational institution while remaining continuously enrolled 7other than during regularly scheduled breaks between courses1 semesters1 or terms7 at that institution1 any course so pursued by the individual at that institution while so continuously enrolled shall not be subject to disapproval by reason of such amendment4 #dbf4 ,compliance surveys 7a7 ,in general ,section #cfic of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following new subsection 7a73 7a7 7#a7 ,except as provided in subsection 7b71 the ,secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least #bj such veterans or persons are enrolled in any such course4 7#b7 ,the ,secretary shall-- 7,a7 design the compliance surveys required by paragraph 7#a7 to ensure that such institutions or establishments described in such paragraph1 as the case may be1 and approved courses are in compliance with all applicable provisions of chapters #cj through #cf of this title2 7,b7 survey each such educational institution and training establishment not less than once during every two-year period2 and 7,c7 assign not fewer than one education compliance specialist to work on compliance surveys in any year for each #dj compliance surveys required to be made under this section for such year4 7#c7 ,the ,secretary1 in consultation with the ,state approving agencies1 shall-- 7,a7 annually determine the parameters of the surveys required under paragraph 7#a72 and 7,b7 not later than ,september #a of each year1 make available to the ,state approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available4 2 and 7#b7 by adding at the end the following new subsection3 7c7 ,in this section1 the terms educational institution and training establishment have the meanings given such terms in section #cdeb of this title4 4 7b7 ,conforming amendments ,subsection 7b7 of such section is amended-- 7#a7 by striking subsection 7a7 of this section for an annual compliance survey and inserting subsection 7a77#a7 for a compliance survey2 7#b7 by striking institution and inserting educational institution or training establishment2 and 7#c7 by striking institution's demonstrated record of compliance and inserting record of compliance of such institution or establishment4 #dbg4 ,survey of individuals using their entitlement to educational assistance under the educational assistance programs administered by the ,secretary of ,veterans ,affairs 7a7 ,survey required 7#a7 ,in general ,by not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall enter into a contract with a nongovernmental entity for the conduct of a survey of a statistically valid sample of individuals who have used or are using their entitlement to educational assistance under chapters #cj1 #cb1 #cc1 and #ce of title #ch1 ,united ,states ,code1 to pursue a program of education or training4 7#b7 ,contract requirements ,the contract shall provide that-- 7,a7 not later than one month before the collection of data under the survey begins1 the survey shall be submitted to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives2 7,b7 the nongovernmental entity shall complete the survey and submit to the ,secretary the results of the survey by not later than #ahj days after entering into the contract2 and 7,c7 the survey shall be conducted by electronic means and by any other means the nongovernmental entity determines appropriate4 7b7 ,information ,to be collected ,the contract under subsection 7a7 shall provide that the survey shall be designed to collect the following types of information about each individual surveyed1 where applicable3 7#a7 ,demographic information1 including the highest level of education completed by the individual1 the military occupational specialty or specialties of the individual while serving on active duty as a member of the ,armed ,forces or as a member of the ,national ,guard or of a ,reserve ,component of the ,armed ,forces1 and whether the individual has a service-connected disability4 7#b7 ,the opinion of the individual regarding participation in the transition assistance program under section #aadd of title #aj1 ,united ,states ,code1 and the effectiveness of the program1 including instruction on the use of the benefits under laws administered by the ,secretary of ,veterans ,affairs4 7#c7 ,the resources the individual used to help the individual-- 7,a7 decide to use the individual's entitlement to educational assistance to enroll in a program of education or training2 and 7,b7 choose the program of education or training the individual pursued4 7#d7 ,the individual's goal when the individual enrolled in the program of education or training4 7#e7 ,the nature of the individual's experience with the education benefits processing system of the ,department of ,veterans ,affairs4 7#f7 ,the nature of the individual's experience with the school certifying official of the educational institution where the individual pursued the program of education or training who processed the individual's claim4 7#g7 ,any services or benefits the educational institution or program of education or training provided to veterans while the individual pursued the program of education or training4 7#h7 ,the type of educational institution at which the individual pursued the program of education or training4 7#i7 ,whether the individual completed the program of education or training or the number of credit hours completed by the individual as of the time of the survey1 and1 if applicable1 any degree or certificate obtained by the individual for completing the program4 7#aj7 ,the employment status of the individual and whether such employment status differs from the employment status of the individual prior to enrolling in the program of education or training4 7#aa7 ,whether the individual is or was enrolled in a program of education on a full-time or part-time basis4 7#ab7 ,the opinion of the individual on the effectiveness of the educational assistance program of the ,department of ,veterans ,affairs under which the individual was entitled to educational assistance4 7#ac7 ,whether the individual was ever entitled to a rehabilitation under chapter #ca of title #ch1 ,united ,states ,code1 and whether the individual participated in such a program4 7#ad7 ,a description of any circumstances that prevented the individual from using the individual's entitlement to educational assistance to pursue a desired career path or degree4 7#ae7 ,whether the individual is using the individual's entitlement to educational assistance to pursue a program of education or training or has transferred such an entitlement to a dependent4 7#af7 ,such other matters as the ,secretary determines appropriate4 7c7 ,report ,not later than #ij days after receiving the results of the survey required under this section1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the results of the survey and any recommendations of the ,secretary relating to such results4 ,such report shall also include an unedited version of the results of the survey submitted by the nongovernmental entity that conducted the survey4 #dbh4 ,technical amendment relating to in-,state tuition rate for individuals to whom entitlement is transferred under ,all-,volunteer ,force ,educational ,assistance ,program and ,post-#i_/aa ,educational ,assistance 7a7 ,technical amendment ,subparagraph 7,b7 of section #cfgi7;c77#b7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7,b7 ,an individual who is entitled to assistance under-- 7i7 section #ccaa7;b77#i7 of this title2 or 7ii7 section #ccai of this title by virtue of the individual's relationship to-- 7,i7 a veteran described in subparagraph 7,a72 or 7,,ii7 a member of the uniformed services described in section #ccai7;b7 of this title who is serving on active duty4 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply with respect to a course1 semester1 or term that begins after ,july #a1 #bjag4 ,v ,employment and transition #eja4 ,required coordination between ,directors for ,veterans' ,employment and ,training with ,state departments of labor and veterans affairs 7a7 ,in general ,section #dajc of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,coordination with ,state departments of labor and veterans affairs ,each ,director for ,veterans' ,employment and ,training for a ,state shall coordinate the ,director's activities under this chapter with the ,state department of labor and the ,state department of veterans affairs4 4 7b7 ,effective date ,subsection 7c7 of such section1 as added by subsection 7a71 shall take effect on the date that is one year after the date of the enactment of this ,act4 #ejb4 ,longitudinal study of job counseling1 training1 and placement service for veterans 7a7 ,in general ,chapter #da of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #daae4 ,longitudinal study of job counseling1 training1 and placement service for veterans 7a7 ,study required 7#a7 ,the ,secretary shall enter into a contract with a nongovernmental entity to conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph 7#b74 ,the contract shall provide for the study of each such group over a period of at least five years4 7#b7 ,the groups of individuals described in this paragraph are the following3 7,a7 ,veterans who have received intensive services4 7,b7 ,veterans who did not receive intensive services but who otherwise received services under this chapter4 7,c7 ,veterans who did not seek or receive services under this chapter4 7#c7 ,the study required by this subsection shall include the collection1 for each individual who participates in the study1 of the following information3 7,a7 ,the average number of months such individual served on active duty4 7,b7 ,the disability ratings of such individual4 7,c7 ,any unemployment benefits received by such individual4 7,d7 ,the average number of months such individual was employed during the year covered by the report4 7,e7 ,the average annual starting and ending salaries of any such individual who was employed during the year covered by the report4 7,f7 ,the average annual income of such individual4 7,g7 ,the average total household income of such individual for the year covered by the report4 7,h7 ,the percentage of such individuals who own their principal residences4 7,i7 ,the employment status of such individual4 7,j7 ,in the case of such an individual who received services under this chapter1 whether the individual believes that any service provided by a disabled veterans' outreach program specialist or local veterans' employment representative helped the individual to become employed4 7,k7 ,in the case of such an individual who believes such a service helped the individual to become employed1 whether-- 7i7 the individual retained the position of employment for a period of one year or longer2 and 7ii7 the individual believes such a service helped the individual to secure a higher wage or salary4 7,l7 ,the conditions under which such individual was discharged or released from the ,armed ,forces4 7,m7 ,whether such individual has used any educational assistance to which the individual is entitled under this title4 7,n7 ,whether such individual has participated in a rehabilitation program under chapter #ca of this title4 7,o7 ,whether such individual had contact with a ,one-,stop ,career ,center employee while attending a workshop or job fair under the ,transition ,,gps ,program of the ,department of ,defense4 7,p7 ,demographic information about such individual4 7,q7 ,such other information as the ,secretary determines appropriate4 7b7 ,annual ,report 7#a7 ,by not later than ,july #a of each year covered by the study required under subsection 7a71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the outcomes of the study during the preceding year4 7#b7 ,the ,secretary shall include in each report submitted under paragraph 7#a7 the following3 7,a7 ,information with respect to job fairs attended by ,one-,stop ,career ,center employees at which the employees had contact with a veteran1 including1 for the year preceding the year in which the report is submitted1 the following3 7i7 ,the number of job fairs attended by ,one-,stop ,career ,center employees at which the employees had contact with a veteran4 7ii7 ,the number of veterans contacted at each such job fair4 7,b7 ,such information as the ,secretary determines is necessary to determine the long-term outcomes of the individuals in the groups described in subsection 7a77#b74 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding at the end the following new item3 #daae4 ,longitudinal study of job counseling1 training1 and placement service for veterans4 4 ,,vi ,homeless veterans ,a ,homeless matters generally #fja4 ,expansion of definition of homeless veteran for purposes of benefits under the laws administered by the ,secretary of ,veterans ,affairs ,section #bjjb7a7 of title #ch1 ,united ,states ,code1 is amended by striking in section #ajc7;a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7;a77 and inserting in subsection 7a7 or 7b7 of section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb74 #fjb4 ,increased per diem payments for transitional housing assistance that becomes permanent housing for homeless veterans ,section #bjab7;a77#b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,c7 through 7,e71 respectively2 7#b7 in subparagraph 7,c71 as redesignated1 by striking in subparagraph 7,d7 and inserting in subparagraph 7,e72 7#c7 in subparagraph 7,d71 as redesignated1 by striking under subparagraph 7,b7 and inserting under subparagraph 7,c72 7#d7 in subparagraph 7,e71 as redesignated1 by striking in subparagraphs 7,b7 and 7,c7 and inserting in subparagraphs 7,c7 and 7,d72 and 7#e7 in subparagraph 7,a7-- 7,a7 by striking ,the rate and inserting ,except as otherwise provided in subparagraph 7,b71 the rate2 and 7,b7 by striking under subparagraph 7,b7 and all that follows through the end and inserting the following3 8under subparagraph 7,c74 7,b7 7i7 ,except as provided in clause 7ii71 in no case may the rate determined under this paragraph exceed the rate authorized for ,state homes for domiciliary care under subsection 7a77#a77;,a7 of section #agda of this title1 as the ,secretary may increase from time to time under subsection 7c7 of that section4 7ii7 ,in the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran1 the maximum rate of per diem authorized under this section is #aej percent of the rate authorized for ,state homes for domiciliary care under subsection 7a77#a77;,a7 of section #agda of this title1 as the ,secretary may increase from time to time under subsection 7c7 of that section4 4 #fjc4 ,clarification of eligibility for services under homeless veterans reintegration programs ,section #bjba7;a7 of title #ch1 ,united ,states ,code1 is amended by striking reintegration of homeless veterans into the labor force4 and inserting the following3 reintegration into the labor force of-- 7#a7 homeless veterans2 7#b7 veterans participating in the ,department of ,veterans ,affairs supported housing program for which rental assistance is provided pursuant to section #h7o77#ai7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ai772 7#c7 ,native ,americans 7as defined in section #cgfe of this title7 who are veterans and receiving assistance under the ,native ,american ,housing ,assistance and ,self ,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq472 and 7#d7 veterans who are transitioning from being incarcerated4 4 #fjd4 ,program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless 7a7 ,program required 7#a7 ,in general ,subchapter ,,ii of chapter #bj of title #ch1 ,united ,states ,code1 is amended-- 7,a7 by redesignating section #bjac as section #bjad2 and 7,b7 by inserting after section #bjab the following new section #bjac3 #bjac4 ,program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless 7a7 ,program required ,the ,secretary shall carry out a program under which the ,secretary shall provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless4 7b7 ,grants 7#a7 ,the ,secretary shall carry out the program through the award of grants4 7#b7 7,a7 ,in awarding grants under paragraph 7#a71 the ,secretary shall give priority to organizations that demonstrate a capability to provide case management services as described in subsection 7a71 particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the ,secretary under sections #bjab and #bjfa of this title4 7,b7 ,in giving priority under subparagraph 7,a71 the ,secretary shall give extra priority to an organization described in such subparagraph that-- 7i7 voluntarily stops receiving amounts provided by the ,secretary under sections #bjab and #bjfa of this title2 and 7ii7 converts a facility that the organization used to provide transitional housing services into a facility that the organization uses to provide permanent housing that meets housing quality standards established under section #h7o77#h77;,b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#h77;,b774 7,c7 ,in any case in which a facility1 with respect to which a person received a grant for construction1 rehabilitation1 or acquisition under section #bjaa of this title1 is converted as described in subparagraph 7,b77ii71 such conversion shall be considered to have been carried out pursuant to the needs of the ,department and such person shall not be considered in noncompliance with the terms of such grant by reason of such conversion4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bj of such title is amended by striking the item relating to section #bjac and inserting the following new items3 #bjac4 ,program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless4#bjad4 ,authorization of appropriations4 4 7b7 ,regulations ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall prescribe regulations to carry out section #bjac of such title1 as added by subsection 7a77#a77;,b74 7c7 ,report 7#a7 ,in general ,not later than ,june #a1 #bjbj1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the program required by section #bjac of such title1 as added by subsection 7a77#a77;,b74 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include assessments of the following3 7,a7 ,the percentage of veterans who received case management services under the program who were able to retain permanent housing by the end of the program1 disaggregated by each recipient of a grant under such section4 7,b7 ,the percentage of veterans who received case management services under the program who were not in permanent housing at the end of the program1 disaggregated by housing status and reason for failing to retain permanent housing under the program4 7,c7 ,the use by veterans1 who received case management services under the program1 of housing assistance furnished by the ,department of ,veterans ,affairs1 including a comparison of the use of such assistance by such veterans before and after receiving such services4 7,d7 ,an assessment of the employment status of veterans who received case management services under the program1 including a comparison of the employment status of such veterans before and after receiving such services4 #fje4 ,pilot program on provision of intensive case management interventions to homeless veterans who receive the most health care from the ,department of ,veterans ,affairs 7a7 ,pilot program required ,not later than ,september #a1 #bjag1 the ,secretary of ,veterans ,affairs shall commence a pilot program to assess the feasibility and advisability of providing intensive case management interventions to covered veterans4 7b7 ,covered veterans ,for purposes of the pilot program1 a covered veteran is a veteran who is enrolled in-- 7#a7 the homeless registry of the ,department2 and 7#b7 the system of annual patient enrollment established and operated by the ,secretary under section #agje7;a7 of title #ch1 ,united ,states ,code4 7c7 ,location 7#a7 ,in general ,the ,secretary shall carry out the pilot program at not fewer than six locations selected by the ,secretary for purposes of the pilot program as follows3 7,a7 ,not fewer than three locations in cities that have the largest populations of homeless veterans in the ,united ,states4 7,b7 ,not fewer than three locations in suburban or rural settings4 7#b7 ,interaction and coordination with community organizations ,in selecting locations under paragraph 7#a71 the ,secretary shall only select locations in areas in which the ,secretary determines that there is a high degree of interaction and coordination between the ,department and community organizations that provide housing and social services for veterans1 such as outreach1 employment1 and financial assistance for homeless veterans1 veterans at risk of becoming homeless1 and low-income veterans4 7d7 ,provision of intensive case management interventions 7#a7 ,minimum number of veterans to receive interventions ,in carrying out the program at each location selected under subsection 7c71 the ,secretary shall provide intensive case management interventions to not fewer than #bj covered veterans at each such location who the ,secretary determines are the covered veterans at such location who receive the most health care and related services furnished by the ,department of ,veterans ,affairs4 7#b7 ,nature of interventions ,the intensive case management interventions provided to covered veterans under paragraph 7#a7 shall include assistance with gaining and maintaining access to such housing and services1 including benefits and services to which covered veterans may be entitled or eligible under the laws administered by the ,secretary1 as may be necessary to improve the stability of their housing and the appropriateness of the health care that they receive4 7e7 ,report 7#a7 ,in general ,not later than ,december #a1 #bjai1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the pilot program carried out under this section4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include assessments of the following3 7,a7 ,the types and frequencies of intensive case management interventions provided under the pilot program4 7,b7 ,the housing status of each veteran who received an intensive case management intervention under the pilot program4 7,c7 ,the employment status of each veteran who received an intensive case management intervention under the pilot program1 including a comparison of the employment status of such veteran before and after receiving such intervention4 7,d7 ,the use by veterans who received intensive case management interventions under the pilot program of health care and related services furnished by the ,department of ,veterans ,affairs and the costs incurred by the ,department in furnishing such care and services1 including a comparison of the use by such veterans of such care and services and the costs incurred from furnishing such care and services before and after receiving such interventions4 7,e7 ,the number of veterans who received intensive case management interventions under the pilot program1 disaggregated by whether the intensive case management intervention was provided in a location described in subparagraph 7,a7 or 7,b7 of subsection 7c77#a74 7,f7 ,the costs incurred by the ,department in carrying out the pilot program1 disaggregated by provision of intensive case management interventions in locations described in subparagraphs 7,a7 and 7,b7 of such subsection4 7,g7 ,an estimate of the costs the ,department would have incurred for the provision of health care and associated services to covered veterans but for the provision of intensive case management interventions under the pilot program1 disaggregated by provision of intensive case management interventions in locations described in subparagraphs 7,a7 and 7,b7 of subsection 7c77#a74 #fjf4 ,establishment of ,national ,center on ,homelessness ,among ,veterans 7a7 ,in general ,subchapter ,,vii of chapter #bj of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bjfg4 ,national ,center on ,homelessness ,among ,veterans 7a7 ,in general 7#a7 ,the ,secretary shall establish and operate a center to carry out the functions described in subsection 7b74 7#b7 ,the center established under paragraph 7#a7 shall be known as the ,national ,center on ,homelessness ,among ,veterans4 7#c7 ,to the degree practicable1 the ,secretary shall operate the center established under paragraph 7#a7 independently of the other programs of the ,department that address homelessness among veterans4 7b7 ,functions ,the functions described in this subsection are as follows3 7#a7 ,to carry out and promote research into the causes and contributing factors to veteran homelessness4 7#b7 ,to assess the effectiveness of programs of the ,department to meet the needs of homeless veterans4 7#c7 ,to identify and disseminate best practices with regard to housing stabilization1 income support1 employment assistance1 community partnerships1 and such other matters as the ,secretary considers appropriate with respect to addressing veteran homelessness4 7#d7 ,to integrate evidence-based and best practices1 policies1 and programs into programs of the ,department for homeless veterans and veterans at risk of homelessness and to ensure that the staff of the ,department and community partners can implement such practices1 policies1 and programs4 7#e7 ,to serve as a resource center for1 and promote and seek to coordinate the exchange of information regarding1 all research and training activities carried out by the ,department and by other ,federal and non-,federal entities with respect to veteran homelessness4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #bj of such title is amended by inserting after the item relating to section #bjff the following new item3 #bjfg4 ,national ,center on ,homelessness ,among ,veterans4 4 #fjg4 ,administrative improvements to grant and per diem programs of ,department of ,veterans ,affairs 7a7 ,in general ,section #bjab of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 in the matter before subparagraph 7,a71 by inserting and except as otherwise provided in this section after such purpose2 and 7#b7 by adding at the end the following new subsection3 7e7 ,review and conditional renewal 7#a7 ,each year1 the ,secretary shall review each grant recipient and eligible entity that received a per diem payment under this section for a service furnished to a veteran during the one-year period preceding the review to evaluate the performance of the grant recipient or eligible entity during that period with respect to-- 7,a7 the success of the grant recipient or eligible entity in assisting veterans to obtain1 transition into1 and retain permanent housing2 and 7,b7 increasing the income of veterans1 whether by helping veterans obtain employment or by helping veterans obtain income-related benefits to which such veterans may be eligible or entitled4 7#b7 ,for any grant recipient or eligible entity whose performance was evaluated for a year under paragraph 7#a71 the ,secretary may only provide per diem under this section to that grant recipient or eligible entity in the following year if the ,secretary determines that such performance merits continued receipt of per diem under this section4 7#c7 ,the ,secretary shall establish uniform performance targets throughout the ,united ,states for all grant recipients and eligible entities that receive per diem payments under this section for purposes of evaluating the performance of each such grant recipient and eligible entity under this subsection4 4 7b7 ,effective date 7#a7 ,uniform performance targets ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall establish uniform performance targets pursuant to paragraph 7#c7 of section #bjab7;e7 of title #ch1 ,united ,states ,code1 as added by subsection 7a77#b74 7#b7 ,review of grant recipients and eligible entities ,the ,secretary shall complete the first review of each grant recipient and eligible entity pursuant to paragraph 7#a7 of such section1 as so added1 not later than two years after the date of the enactment of this ,act4 #fjh4 ,partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness 7a7 ,in general ,chapter #bj of title #ch1 ,united ,states ,code1 is amended by inserting after section #bjbb the following new section3 #bjbb;,a4 ,partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness 7a7 ,partnerships authorized ,subject to the availability of funds for that purpose1 the ,secretary may enter into partnerships with public or private entities1 through the award of grants or the use of cooperative agreements1 to fund a portion of the general legal services specified in subsection 7c7 that are provided by such entities to homeless veterans and veterans at risk of homelessness4 7b7 ,locations 7#a7 ,the ,secretary shall ensure that1 to the extent practicable1 partnerships under this section are made with entities equitably distributed across the geographic regions of the ,united ,states1 including rural communities1 tribal lands of the ,united ,states1 ,native ,americans1 and tribal organizations4 7#b7 ,in this subsection1 the terms ,native ,american and tribal organization have the meanings given such terms in section #cgfe of this title4 7c7 ,legal services ,legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness1 such as the following3 7#a7 ,legal services related to housing1 including eviction defense and representation in landlord-tenant cases4 7#b7 ,legal services related to family law1 including assistance in court proceedings for child support1 divorce1 and estate planning4 7#c7 ,legal services related to income support1 including assistance in obtaining public benefits4 7#d7 ,legal services related to criminal defense1 including defense in matters symptomatic of homelessness1 such as outstanding warrants1 fines1 and driver's license revocation1 to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing4 7d7 ,consultation ,in developing and carrying out partnerships under this section1 the ,secretary shall1 to the extent practicable1 consult with public and private entities-- 7#a7 for assistance in identifying and contacting organizations described in subsection 7c72 and 7#b7 to coordinate appropriate outreach relationships with such organizations4 7e7 ,reports ,the ,secretary may require entities that have entered into partnerships under this section to submit to the ,secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #bj of such title is amended by adding after the item relating to section #bjbb the following new item3 #bjbb;,a4 ,partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness4 4 #fji4 ,comptroller ,general of the ,united ,states study on homeless veterans programs of ,department of ,veterans ,affairs 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 complete a study of programs of the ,department of ,veterans ,affairs that provide assistance to homeless veterans2 and 7#b7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the findings of the ,comptroller ,general with respect to the study required by paragraph 7#a74 7b7 ,elements ,the study required by subsection 7a77#a7 shall include the following3 7#a7 ,an assessment of whether programs described in subsection 7a7 are meeting the needs of veterans who are eligible for assistance provided by such programs1 including any gaps or duplication in the provision of services4 7#b7 ,a review of recent efforts of the ,secretary of ,veterans ,affairs to improve the privacy1 safety1 and security of female veterans receiving assistance from such programs4 #faj4 ,requirement for ,department of ,veterans ,affairs to assess comprehensive service programs for homeless veterans 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7#a7 assess and measure the capacity of programs for which entities receive grants under section #bjaa of title #ch1 ,united ,states ,code1 or per diem payments under section #bjab or #bjfa of such title2 and 7#b7 assess such programs with respect to-- 7,a7 how well they achieve their stated goals at a national level2 7,b7 placements in permanent housing2 7,c7 placements in employment2 and 7,d7 increases in the regular income of participants in the programs4 7b7 ,assessment at national and local levels ,in assessing and measuring under subsection 7a77#a71 the ,secretary shall develop and use tools to examine the capacity of programs described in such subsection at both the national and local level in order to assess the following3 7#a7 ,whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area4 7#b7 ,whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area4 7#c7 ,the amount of capacity that recipients of grants under sections #bjaa and #bjfa and per diem payments under section #bjab of such title have to provide services for which the recipients are eligible to receive per diem under section #bjab7;a77#b77;,b77ii7 of title #ch1 ,united ,states ,code1 as added by section #fjb7e77;,b74 7c7 ,consideration of other resources ,in assessing and measuring programs under subsection 7a77#a71 the ,secretary shall consider the availability to such programs of resources made available to such programs and to homeless veterans1 including resources provided by the ,department of ,veterans ,affairs and by entities other than the ,department4 7d7 ,use of information ,the ,secretary shall use the information collected under this section as follows3 7#a7 ,to set specific goals to ensure that programs described in subsection 7a7 are effectively serving the needs of homeless veterans4 7#b7 ,to assess whether programs described in subsection 7a7 are meeting goals set under paragraph 7#a74 7#c7 ,to inform funding allocations for programs described in subsection 7a74 7#d7 ,to improve the referral of homeless veterans to programs described in subsection 7a74 7e7 ,report ,not later than #ahj days after the date on which the assessment required by subsection 7a7 is completed1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on such assessment and such recommendations for legislative and administrative action as the ,secretary may have to improve the programs and per diem payments described in subsection 7a74 #faa4 ,report on outreach relating to increasing the amount of housing available to veterans ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report describing and assessing the outreach conducted by the ,secretary to realtors1 landlords1 property management companies1 and developers to educate them about the housing needs of veterans and the benefits of having veterans as tenants4 ,b ,eligibility of homeless veterans for benefits #fba4 ,waiver of minimum period of continuous active duty in ,armed ,forces for certain benefits for homeless veterans ,section #ecjc;,a7b77#c7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,g7 and 7,h71 respectively2 and 7#b7 by inserting after subparagraph 7,e7 the following new subparagraph 7,f73 7,f7 to benefits under section #bjaa1 #bjab1 #bjac1 #bjdd1 or #bjfa of this title2 4 #fbb4 ,authorization to furnish certain benefits to homeless veterans with discharges or releases under other than honorable conditions ,section #ecjc7;d7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking not apply to any war-risk insurance and inserting the following3 8not apply to the following3 7#a7 ,any war-risk insurance 2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,benefits under section #bjaa1 #bjab1 #bjac1 #bjdd1 or #bjfa of this title 7except for benefits for individuals discharged or dismissed from the ,armed ,forces by reason of the sentence of a general court-martial74 4 #fbc4 ,modification of definition of veteran for purposes of providing certain benefits to homeless veterans ,section #bjjb of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,in this chapter and inserting 7a7 ,in general4--,in this chapter2 and 7#b7 by adding at the end the following3 7b7 ,veteran defined 7#a7 ,notwithstanding section #aja7b7 of this title and except as provided in paragraph 7#b71 for purposes of sections #bjaa1 #bjab1 #bjac1 #bjdd1 and #bjfa of this title1 the term veteran means a person who served in the active military1 naval1 or air service1 regardless of length of service1 and who was discharged or released therefrom4 7#b7 ,for purposes of paragraph 7#a71 the term veteran excludes a person who-- 7,a7 received a dishonorable discharge from the ,armed ,forces2 or 7,b7 was discharged or dismissed from the ,armed ,forces by reason of the sentence of a general court-martial4 4 #fbd4 ,training of personnel of the ,department of ,veterans ,affairs and grant recipients ,the ,secretary of ,veterans ,affairs shall conduct a program of training and education to ensure that the following persons are aware of and implement this subtitle and the amendments made by this subtitle3 7#a7 ,personnel of the ,department of ,veterans ,affairs who are supporting or administering a program under chapter #bj of title #ch1 ,united ,states ,code4 7#b7 ,recipients of grants or other amounts for purposes of carrying out such a program4 #fbe4 ,authorization of per diem payments for furnishing care to dependents of certain homeless veterans ,section #bjab7;a7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#d7 ,services for which a recipient of a grant under section #bjaa of this title 7or an entity described in paragraph 7#a77 may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient 7or entity74 4 #fbf4 ,regulations ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall prescribe regulations1 including such modifications to section #c4ab of title #ch1 ,code of ,federal ,regulations 7or any successor regulation71 as the ,secretary considers appropriate1 to ensure that the ,department of ,veterans ,affairs is in full compliance with this subtitle and the amendments made by this subtitle4 #fbg4 ,effective date ,this subtitle and the amendments made by this subtitle shall apply to individuals seeking benefits under chapter #bj of title #ch1 ,united ,states ,code1 before1 on1 and after the date of the enactment of this ,act4 ,,vii ,united ,states ,court of ,appeals for ,veterans ,claims #gja4 ,extension of temporary increase in number of judges on ,united ,states ,court of ,appeals for ,veterans ,claims 7a7 ,in general ,subsection 7i77#b7 of section #gbec of title #ch1 ,united ,states ,code1 is amended by striking ,january #a1 #bjac and inserting ,january #a1 #bjba4 7b7 ,report 7#a7 ,in general ,not later than ,june #cj1 #bjbj1 the chief judge of the ,united ,states ,court of ,appeals for ,veterans ,claims shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the temporary expansions of the ,court under section #gbec of title #ch1 ,united ,states ,code4 7#b7 ,contents ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,an assessment of the effect of the expansions on ensuring appeals are handled in a timely manner4 7,b7 ,a description of the ways in which the complexity levels of the appeals acted on by the ,court may have changed based on service during recent conflicts compared to those based on service from previous eras4 7,c7 ,a recommendation on whether the number of judges should be adjusted at the end of the temporary expansion period1 including statistics1 projections1 trend analyses1 and other information to support the recommendation4 #gjb4 ,life insurance program relating to judges of ,united ,states ,court of ,appeals for ,veterans ,claims 7a7 ,in general ,section #gbha of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,for purposes of chapter #hg of title #e1 a judge who is in regular active service and a judge who is retired under section #gbif of this title or under chapter #hc or #hd of title #e shall be treated as an employee described in section #hgja7;a77#e7 of title #e4 7k7 ,notwithstanding any other provision of law1 the ,court may pay on behalf of its judges1 who are age #fe or older1 any increase in the cost of ,federal ,employees' ,group ,life ,insurance imposed after ,april #bd1 #aiii1 including any expenses generated by such payments1 as authorized by the chief judge of the ,court in a manner consistent with such payment authorized by the ,judicial ,conference of the ,united ,states pursuant to section #fjd7;a77#e7 of title #bh4 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply with respect to any payment made on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this ,act4 #gjc4 ,voluntary contributions to enlarge survivors' annuity ,section #gbig of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7p7 7#a7 ,a covered judge who makes an election under subsection 7b7 may purchase1 in #c-month increments1 up to an additional year of service credit for each year of ,federal judicial service completed1 under the terms set forth in this section4 7#b7 ,in this subsection1 the term covered judge means any of the following3 7,a7 ,a judge in regular active service4 7,b7 ,a retired judge who is a recall-eligible retired judge pursuant to subsection 7a7 of section #gbeg of this title4 7,c7 ,a retired judge who would be a recall-eligible retired judge pursuant to subsection 7a7 of section #gbeg but for-- 7i7 meeting the aggregate recall service requirements under subsection 7b77#c7 of such section2 or 7ii7 being permanently disabled as described by subsection 7b77#d7 of such section4 4 #gjd4 ,selection of chief judge of ,united ,states ,court of ,appeals for ,veterans ,claims 7a7 ,in general ,section #gbec7;d7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following new subparagraph 7,b73 7,b7 have at least three years remaining in term of office2 and 2 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 7,a7 ,in any case in which there is no judge of the ,court in regular active service who meets the requirements under paragraph 7#a71 the judge of the ,court in regular active service who is senior in commission and meets subparagraph 7,a7 or 7,b7 and subparagraph 7,c7 of paragraph 7#a7 shall act as the chief judge4 7,b7 ,in any case under subparagraph 7,a7 of this paragraph in which there is no judge of the ,court in regular active service who meets subparagraph 7,a7 or 7,b7 and subparagraph 7,c7 of paragraph 7#a71 the judge of the ,court in regular active service who is senior in commission and meets subparagraph 7,c7 shall act as the chief judge4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to the selection of a chief judge occurring on or after ,january #a1 #bjbj4 ,,viii ,burial benefits #hja4 ,expansion of eligibility for medallions ,section #bcjf7;d77#d7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7#d7 7,a7 ,in lieu of furnishing a headstone or marker under this subsection to a deceased individual described in subparagraph 7,b71 the ,secretary may furnish1 upon request1 a medallion or other device of a design determined by the ,secretary to signify the deceased individual's status as a veteran1 to be attached to a headstone or marker furnished at private expense4 7,b7 ,a deceased individual described in this subsection is an individual who-- 7i7 served in the ,armed ,forces on or after ,april #f1 #aiag2 and 7ii7 is eligible for a headstone or marker furnished under paragraph 7#a7 7or would be so eligible but for the date of the death of the individual74 4 #hjb4 ,inurnment of cremated remains in ,arlington ,national ,cemetery of certain persons whose service is deemed to be active service 7a7 ,in general ,section #bdaj of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 7#a7 ,the ,secretary of the ,army shall ensure that1 under such regulations as the ,secretary may prescribe1 the cremated remains of any person described in paragraph 7#b7 are eligible for above ground inurnment in ,arlington ,national ,cemetery with military honors in accordance with section #adia of title #aj4 7#b7 ,a person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section #dja of the ,,gi ,bill ,improvement ,act of #aigg 7,public ,law #ie-bjb2 #ch ,u4,s4,c4 #ajf note7 as of the date of the enactment of this ,act4 4 7b7 ,applicability 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to-- 7,a7 the remains of a person that are not formally interred or inurned as of the date of the enactment of this ,act2 and 7,b7 a person who dies on or after the date of the enactment of this ,act4 7#b7 ,formally interred or inurned defined ,in this subsection1 the term formally interred or inurned means interred or inurned in a cemetery1 crypt1 mausoleum1 columbarium1 niche1 or other similar formal location4 #hjc4 ,report on capacity of ,arlington ,national ,cemetery ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,army shall submit to the ,committees on ,veterans' ,affairs and the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate a report on the interment and inurnment capacity of ,arlington ,national ,cemetery1 including-- 7#a7 the estimated date that the ,secretary determines the cemetery will reach maximum interment and inurnment capacity2 and 7#b7 in light of the unique and iconic meaning of the cemetery to the ,united ,states1 recommendations for legislative actions and nonlegislative options that the ,secretary determines necessary to ensure that the maximum interment and inurnment capacity of the cemetery is not reached until well into the future1 including such actions and options with respect to-- 7,a7 redefining eligibility criteria for interment and inurnment in the cemetery2 and 7,b7 considerations for additional expansion opportunities beyond the current boundaries of the cemetery4 #hjd4 ,department of ,veterans ,affairs study on matters relating to burial of unclaimed remains of veterans in national cemeteries 7a7 ,study and report required ,not later than one year after the effective date specified in subsection 7d71 the ,secretary of ,veterans ,affairs shall-- 7#a7 complete a study on matters relating to the interring of unclaimed remains of veterans in national cemeteries under the control of the ,national ,cemetery ,administration2 and 7#b7 submit to ,congress a report on the findings of the ,secretary with respect to the study required under paragraph 7#a74 7b7 ,matters studied ,the matters studied under subsection 7a77#a7 shall include the following3 7#a7 ,determining the scope of issues relating to unclaimed remains of veterans1 including an estimate of the number of unclaimed remains of veterans4 7#b7 ,assessing the effectiveness of the procedures of the ,department of ,veterans ,affairs for working with persons or entities having custody of unclaimed remains to facilitate interment of unclaimed remains of veterans in national cemeteries under the control of the ,national ,cemetery ,administration4 7#c7 ,assessing ,state and local laws that affect the ability of the ,secretary to inter unclaimed remains of veterans in national cemeteries under the control of the ,national ,cemetery ,administration4 7#d7 ,developing recommendations for such legislative or administrative action as the ,secretary considers appropriate4 7c7 ,methodology 7#a7 ,number of unclaimed remains ,in estimating the number of unclaimed remains of veterans under subsection 7b77#a71 the ,secretary may review such subset of applicable entities as the ,secretary considers appropriate1 including a subset of funeral homes and coroner offices that possess unclaimed veterans remains4 7#b7 ,assessment of ,state and local laws ,in assessing ,state and local laws under subsection 7b77#c71 the ,secretary may assess such sample of applicable ,state and local laws as the ,secretary considers appropriate in lieu of reviewing all applicable ,state and local laws4 7d7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 ,,ix ,other matters #ija4 ,authority to enter into certain leases at the ,department of ,veterans ,affairs ,west ,los ,angeles ,campus 7a7 ,in general ,the ,secretary of ,veterans ,affairs may carry out leases described in subsection 7b7 at the ,department of ,veterans ,affairs ,west ,los ,angeles ,campus in ,los ,angeles1 ,california 7hereinafter in this section referred to as the ,campus74 7b7 ,leases described ,leases described in this subsection are the following3 7#a7 ,any enhanced-use lease of real property under subchapter ,v of chapter #ha of title #ch1 ,united ,states ,code1 for purposes of providing supportive housing1 as that term is defined in section #hafa7c7 of such title1 that principally benefit veterans and their families4 7#b7 ,any lease of real property for a term not to exceed #ej years to a third party to provide services that principally benefit veterans and their families and that are limited to one or more of the following purposes3 7,a7 ,the promotion of health and wellness1 including nutrition and spiritual wellness4 7,b7 ,education4 7,c7 ,vocational training1 skills building1 or other training related to employment4 7,d7 ,peer activities1 socialization1 or physical recreation4 7,e7 ,assistance with legal issues and ,federal benefits4 7,f7 ,volunteerism4 7,g7 ,family support services1 including child care4 7,h7 ,transportation4 7,i7 ,services in support of one or more of the purposes specified in subparagraphs 7,a7 through 7,h74 7#c7 ,a lease of real property for a term not to exceed #aj years to ,the ,regents of the ,university of ,california1 a corporation organized under the laws of the ,state of ,california1 on behalf of its ,university of ,california1 ,los ,angeles 7,,ucla7 campus 7hereinafter in this section referred to as ,the ,regents71 if-- 7,a7 the lease is consistent with the master plan described in subsection 7g72 7,b7 the provision of services to veterans is the predominant focus of the activities of ,the ,regents at the ,campus during the term of the lease2 7,c7 ,the ,regents expressly agrees to provide1 during the term of the lease and to an extent and in a manner that the ,secretary considers appropriate1 additional services and support 7for which ,the ,regents is not compensated by the ,secretary or through an existing medical affiliation agreement7 that-- 7i7 principally benefit veterans and their families1 including veterans who are severely disabled1 women1 aging1 or homeless2 and 7ii7 may consist of activities relating to the medical1 clinical1 therapeutic1 dietary1 rehabilitative1 legal1 mental1 spiritual1 physical1 recreational1 research1 and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs 7,a7 through 7,i7 of paragraph 7#b72 and 7,d7 ,the ,regents maintains records documenting the value of the additional services and support that ,the ,regents provides pursuant to subparagraph 7,c7 for the duration of the lease and makes such records available to the ,secretary4 7c7 ,limitation on ,land-,sharing ,agreements ,the ,secretary may not carry out any land-sharing agreement pursuant to section #haec of title #ch1 ,united ,states ,code1 at the ,campus unless such agreement-- 7#a7 provides additional health-care resources to the ,campus2 and 7#b7 benefits veterans and their families other than from the generation of revenue for the ,department of ,veterans ,affairs4 7d7 ,revenues from leases at the ,campus ,any funds received by the ,secretary under a lease described in subsection 7b7 shall be credited to the applicable ,department medical facilities account and shall be available1 without fiscal year limitation and without further appropriation1 exclusively for the renovation and maintenance of the land and facilities at the ,campus4 7e7 ,easements 7#a7 ,in general ,notwithstanding any other provision of law 7other than ,federal laws relating to environmental and historic preservation71 pursuant to section #habd of title #ch1 ,united ,states ,code1 the ,secretary may grant easements or rights-of-way on1 above1 or under lands at the ,campus to-- 7,a7 any local or regional public transportation authority to access1 construct1 use1 operate1 maintain1 repair1 or reconstruct public mass transit facilities1 including1 fixed guideway facilities and transportation centers2 and 7,b7 the ,state of ,california1 ,county of ,los ,angeles1 ,city of ,los ,angeles1 or any agency or political subdivision thereof1 or any public utility company 7including any company providing electricity1 gas1 water1 sewage1 or telecommunication services to the public7 for the purpose of providing such public utilities4 7#b7 ,improvements ,any improvements proposed pursuant to an easement or right-of-way authorized under paragraph 7#a7 shall be subject to such terms and conditions as the ,secretary considers appropriate4 7#c7 ,termination ,any easement or right-of-way authorized under paragraph 7#a7 shall be terminated upon the abandonment or nonuse of the easement or right-of-way and all right1 title1 and interest in the land covered by the easement or right-of-way shall revert to the ,united ,states4 7f7 ,prohibition on sale of property ,notwithstanding section #hafd of title #ch1 ,united ,states ,code1 the ,secretary may not sell or otherwise convey to a third party fee simple title to any real property or improvements to real property made at the ,campus4 7g7 ,consistency with master plan ,the ,secretary shall ensure that each lease carried out under this section is consistent with the draft master plan approved by the ,secretary on ,january #bh1 #bjaf1 or successor master plans4 7h7 ,compliance with certain laws 7#a7 ,laws relating to leases and land use ,if the ,inspector ,general of the ,department of ,veterans ,affairs determines1 as part of an audit report or evaluation conducted by the ,inspector ,general1 that the ,department is not in compliance with all ,federal laws relating to leases and land use at the ,campus1 or that significant mismanagement has occurred with respect to leases or land use at the ,campus1 the ,secretary may not enter into any lease or land-sharing agreement at the ,campus1 or renew any such lease or land-sharing agreement that is not in compliance with such laws1 until the ,secretary certifies to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of the ,senate and the ,house of ,representatives who represents the area in which the ,campus is located that all recommendations included in the audit report or evaluation have been implemented4 7#b7 ,compliance of particular leases ,except as otherwise expressly provided by this section1 no lease may be entered into or renewed under this section unless the lease complies with chapter #cc of title #da1 ,united ,states ,code1 and all ,federal laws relating to environmental and historic preservation4 7i7 ,community veterans engagement board 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a ,community ,veterans ,engagement ,board 7in this subsection referred to as the ,board7 for the ,campus to coordinate locally with the ,department of ,veterans ,affairs to-- 7,a7 identify the goals of the community2 and 7,b7 provide advice and recommendations to the ,secretary to improve services and outcomes for veterans1 members of the ,armed ,forces1 and the families of such veterans and members4 7#b7 ,members ,the ,board shall be comprised of a number of members that the ,secretary determines appropriate1 of which not less than #ej percent shall be veterans4 ,the nonveteran members shall be family members of veterans1 veteran advocates1 service providers1 or stakeholders4 7#c7 ,community input ,in carrying out subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 the ,board shall-- 7,a7 provide the community opportunities to collaborate and communicate with the ,board1 including by conducting public forums on the ,campus2 and 7,b7 focus on local issues regarding the ,department that are identified by the community1 including with respect to health care1 benefits1 and memorial services at the ,campus4 7j7 ,notification and reports 7#a7 ,congressional notification ,with respect to each lease or land-sharing agreement intended to be entered into or renewed at the ,campus1 the ,secretary shall notify the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of the ,senate and the ,house of ,representatives who represents the area in which the ,campus is located of the intent of the ,secretary to enter into or renew the lease or land-sharing agreement not later than #de days before entering into or renewing the lease or land-sharing agreement4 7#b7 ,annual report ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of the ,senate and the ,house of ,representatives who represents the area in which the ,campus is located an annual report evaluating all leases and land-sharing agreements carried out at the ,campus1 including-- 7,a7 an evaluation of the management of the revenue generated by the leases2 and 7,b7 the records described in subsection 7b77#c77;,d74 7#c7 ,inspector ,general report 7,a7 ,in general ,not later than each of two years and five years after the date of the enactment of this ,act1 and as determined necessary by the ,inspector ,general of the ,department of ,veterans ,affairs thereafter1 the ,inspector ,general shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and each ,member of the ,senate and the ,house of ,representatives who represents the area in which the ,campus is located a report on all leases carried out at the ,campus and the management by the ,department of the use of land at the ,campus1 including an assessment of the efforts of the ,department to implement the master plan described in subsection 7g7 with respect to the ,campus4 7,b7 ,consideration of annual report ,in preparing each report required by subparagraph 7,a71 the ,inspector ,general shall take into account the most recent report submitted to ,congress by the ,secretary under paragraph 7#b74 7k7 ,rule of construction ,nothing in this section shall be construed as a limitation on the authority of the ,secretary to enter into other agreements regarding the ,campus that are authorized by law and not inconsistent with this section4 7l7 ,principally benefit veterans and their families defined ,in this section the term principally benefit veterans and their families1 with respect to services provided by a person or entity under a lease of property or land-sharing agreement-- 7#a7 means services-- 7,a7 provided exclusively to veterans and their families2 or 7,b7 that are designed for the particular needs of veterans and their families1 as opposed to the general public1 and any benefit of those services to the general public is distinct from the intended benefit to veterans and their families2 and 7#b7 excludes services in which the only benefit to veterans and their families is the generation of revenue for the ,department of ,veterans ,affairs4 7m7 ,conforming amendments 7#a7 ,prohibition on disposal of property ,section #bbd7;a7 of the ,military ,construction and ,veterans ,affairs and ,related ,agencies ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #bbgb7 is amended by striking ,the ,secretary of ,veterans ,affairs and inserting ,except as authorized under the ,veterans ,first ,act1 the ,secretary of ,veterans ,affairs4 7#b7 ,enhanced-use leases ,section #hafb7;c7 of title #ch1 ,united ,states ,code1 is amended by inserting 1 other than an enhanced-use lease under the ,veterans ,first ,act1 before shall be considered4 #ijb4 ,restoration of prior reporting fee multipliers ,during the nine-year period beginning on ,september #bf1 #bjaf1 the second sentence of subsection 7c7 of section #cfhd of title #ch1 ,united ,states ,code1 shall be applied-- 7#a7 by substituting #h for #ab2 and 7#b7 by substituting #ab for #ae4 #ijc4 ,repeal inapplicability of modification of basic allowance for housing to benefits under laws administered by ,secretary of ,veterans ,affairs 7a7 ,repeal ,subsection 7b7 of section #fjd of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia2 #cg ,u4,s4,c4 #djc note7 is repealed4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,january #a1 #bjaf4 #ijd4 ,observance of ,veterans ,day 7a7 ,two minutes of silence ,chapter #a of title #cf1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ade4 ,veterans ,day ,the ,president shall issue each year a proclamation calling on the people of the ,united ,states to observe two minutes of silence on ,veterans ,day in honor of the service and sacrifice of veterans throughout the history of the ,united ,states1 beginning at-- 7#a7 #c3aa p4m4 ,atlantic standard time2 7#b7 #b3aa p4m4 eastern standard time2 7#c7 #a3aa p4m4 central standard time2 7#d7 #ab3aa p4m4 mountain standard time2 7#e7 #aa3aa a4m4 ,pacific standard time2 7#f7 #aj3aa a4m4 ,alaska standard time2 and 7#g7 #i3aa a4m4 ,hawaii-,aleutian standard time4 4 7b7 ,clerical amendment ,the table of sections for chapter #a of title #cf1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ade4 ,veterans ,day4 4 #ije4 ,honoring as veterans certain persons who performed service in the reserve components of the ,armed ,forces ,any person who is entitled under chapter #abbc of title #aj1 ,united ,states ,code1 to retired pay for nonregular service or1 but for age1 would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor4 #ijf4 ,extension of requirement for collection of fees for housing loans guaranteed by ,secretary of ,veterans ,affairs ,section #cgbi7;b77#b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7iii71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 and 7,b7 in clause 7iv71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 7#b7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 and 7,b7 in clause 7ii71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7i71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 and 7,b7 in clause 7ii71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 and 7#d7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf2 and 7,b7 in clause 7ii71 by striking ,september #cj1 #bjbd and inserting ,october #a1 #bjbf4 ,may #af1 #bjaf,reported without amendment