[Congressional Record Volume 161, Number 167 (Tuesday, November 10, 2015)]
[Senate]
[Pages S7939-S7954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
21ST CENTURY VETERANS BENEFITS DELIVERY ACT
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 267, S. 1203.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1203) to amend title 38, United States Code, to
improve the processing by the Department of Veterans Affairs
of claims for benefits under laws administered by the
Secretary of Veterans Affairs, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Veterans' Affairs, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st
Century Veterans Benefits Delivery and Other Improvements
Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
Sec. 101. Improved access to appropriate immunizations for veterans.
Sec. 102. Expansion of provision of chiropractic care and services to
veterans.
Subtitle B--Health Care Administration
Sec. 111. Expansion of availability of prosthetic and orthotic care for
veterans.
Sec. 112. Public access to Department of Veterans Affairs research and
data sharing between Departments.
Sec. 113. Revival of Intermediate Care Technician Pilot Program of
Department of Veterans Affairs.
Sec. 114. Transfer of health care provider credentialing data from
Secretary of Defense to Secretary of Veterans Affairs.
Sec. 115. Examination and treatment by Department of Veterans Affairs
for emergency medical conditions and women in labor.
Subtitle C--Improvement of Medical Workforce
Sec. 121. Inclusion of mental health professionals in education and
training program for health personnel of the Department
of Veterans Affairs.
Sec. 122. Expansion of qualifications for licensed mental health
counselors of the Department of Veterans Affairs to
include doctoral degrees.
Sec. 123. Requirement that physician assistants employed by the
Department of Veterans Affairs receive competitive pay.
Sec. 124. Report on medical workforce of the Department of Veterans
Affairs.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
Sec. 201. Participation of veterans service organizations in Transition
Assistance Program.
Sec. 202. Requirement that Secretary of Veterans Affairs publish the
average time required to adjudicate timely and untimely
appeals.
Sec. 203. Determination of manner of appearance for hearings before
Board of Veterans' Appeals.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
Sec. 211. Comptroller General review of claims processing performance
of regional offices of Veterans Benefits Administration.
Sec. 212. Inclusion in annual budget submission of information on
capacity of Veterans Benefits Administration to process
benefits claims.
Sec. 213. Report on staffing levels at regional offices of Department
of Veterans Affairs after transition to National Work
Queue.
Sec. 214. Annual report on progress in implementing Veterans Benefits
Management System.
Sec. 215. Report on plans of Secretary of Veterans Affairs to reduce
inventory of non-rating workload.
Sec. 216. Sense of Congress on increased transparency relating to
claims for benefits and appeals of decisions relating to
benefits in Monday Morning Workload Report.
Subtitle C--Other Benefits Matters
Sec. 221. Modification of pilot program for use of contract physicians
for disability examinations.
Sec. 222. Development of procedures to increase cooperation with
National Guard Bureau.
Sec. 223. Review of determination of certain service in Philippines
during World War II.
Sec. 224. Reports on Department disability medical examinations and
prevention of unnecessary medical examinations.
Sec. 225. Sense of Congress on submittal of information relating to
claims for disabilities incurred or aggravated by
military sexual trauma.
TITLE III--EDUCATION MATTERS
Sec. 301. Retention of entitlement to educational assistance during
certain additional periods of active duty.
Sec. 302. Reports on progress of students receiving Post-9/11
Educational Assistance.
Sec. 303. Secretary of Defense report on level of education attained by
those who transfer entitlement to Post-9/11 educational
assistance.
Sec. 304. Reports on educational levels attained by certain members of
the Armed Forces at time of separation from the Armed
Forces.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
Sec. 401. Required coordination between Directors for Veterans'
Employment and Training with State departments of labor
and veterans affairs.
Sec. 402. Report on job fairs attended by one-stop career center
employees at which such employees encounter veterans.
Sec. 403. Review of challenges faced by employers seeking to hire
veterans and sharing of information among Federal
agencies that serve veterans.
Sec. 404. Review of Transition GPS Program Core Curriculum.
Sec. 405. Modification of requirement for provision of preseparation
counseling.
TITLE V--VETERAN SMALL BUSINESS MATTERS
Sec. 501. Modification of treatment under contracting goals and
preferences of Department of Veterans Affairs for small
businesses owned by veterans of small businesses after
death of disabled veteran owners.
Sec. 502. Treatment of businesses after deaths of servicemember-owners
for purposes of Department of Veterans Affairs
contracting goals and preferences.
TITLE VI--BURIAL MATTERS
Sec. 601. Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in national
cemeteries.
TITLE VII--OTHER MATTERS
Sec. 701. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
Sec. 702. Report on Laotian military support of Armed Forces of the
United States during Vietnam War.
Sec. 703. Restoration of prior reporting fee multipliers.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
SEC. 101. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR
VETERANS.
(a) Inclusion of Recommended Adult Immunizations as Medical
Services.--
(1) Covered benefit.--Subparagraph (F) of section 1701(9)
of title 38, United States Code, is amended to read as
follows:
``(F) immunizations against infectious diseases, including
each immunization on the recommended adult immunization
schedule at the time such immunization is indicated on that
schedule;''.
(2) Recommended adult immunization schedule defined.--
Section 1701 of such title is amended by adding after
paragraph (9) the following new paragraph:
``(10) The term `recommended adult immunization schedule'
means the schedule established (and periodically reviewed
and, as appropriate, revised) 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 Prevention.''.
(b) Inclusion of Recommended Adult Immunizations in Annual
Report.--Section 1704(1)(A) of such title is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
[[Page S7940]]
(3) by inserting after clause (ii) the following new
clause:
``(iii) to provide veterans each immunization on the
recommended adult immunization schedule at the time such
immunization is indicated on that schedule.''.
(c) Report to Congress.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the development and
implementation by the Department of Veterans Affairs of
quality measures and metrics, including targets for
compliance, to ensure that veterans receiving medical
services under chapter 17 of title 38, United States Code,
receive each immunization on the recommended adult
immunization schedule at the time such immunization is
indicated on that schedule.
(2) Recommended adult immunization schedule defined.--In
this subsection, the term ``recommended adult immunization
schedule'' has the meaning given that term in section
1701(10) of title 38, United States Code, as added by
subsection (a)(2).
SEC. 102. EXPANSION OF PROVISION OF CHIROPRACTIC CARE AND
SERVICES TO VETERANS.
(a) Program for Provision of Chiropractic Care and Services
to Veterans.--Section 204(c) of the Department of Veterans
Affairs Health Care Programs Enhancement Act of 2001 (Public
Law 107-135; 115 Stat. 2459; 38 U.S.C. 1710 note) is
amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) 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 21st Century Veterans Benefits Delivery
and Other Improvements Act, and at not fewer than 50 percent
of all medical centers in each Veterans Integrated Service
Network by not later than three years after such date of
enactment.''.
(b) Expanded Chiropractor Services Available to Veterans.--
(1) Medical services.--Paragraph (6) of section 1701 of
title 38, United States Code, is amended by adding at the end
the following new subparagraph:
``(H) Chiropractic services.''.
(2) Rehabilitative services.--Paragraph (8) of such section
is amended by inserting ``chiropractic,'' after
``counseling,''.
(3) Preventive health services.--Paragraph (9) of such
section is amended--
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) periodic and preventive chiropractic examinations and
services;''.
Subtitle B--Health Care Administration
SEC. 111. EXPANSION OF AVAILABILITY OF PROSTHETIC AND
ORTHOTIC CARE FOR VETERANS.
(a) Establishment or Expansion of Advanced Degree Programs
to Expand Availability of Provision 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 veterans.
(b) Report.--Not later than one year after the effective
date specified in subsection (d), 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 (a). The Secretary shall develop the plan in
consultation with veterans service organizations,
institutions of higher education with accredited degree
programs in prosthetics and orthotics, and representatives of
the prosthetics and orthotics field.
(c) Funding.--
(1) Authorization of appropriations.--There is hereby
authorized to be appropriated for fiscal year 2017 for the
Department of Veterans Affairs, $5,000,000 to carry out this
section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2019.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 112. PUBLIC ACCESS TO DEPARTMENT OF VETERANS AFFAIRS
RESEARCH AND DATA SHARING BETWEEN DEPARTMENTS.
(a) Establishment of Internet Website.--The Secretary of
Veterans Affairs shall make available on an Internet website
of the Department of Veterans Affairs available to the public
the following:
(1) Data files that contain information on research of the
Department.
(2) A data dictionary on each data file.
(3) Instructions for how to obtain access to each data file
for use in research.
(b) Public Access to Manuscripts on Department Funded
Research.--
(1) In general.--Beginning not later than 18 months after
the effective date specified in subsection (e), the Secretary
shall require, as a condition on the use of any data gathered
or formulated from research funded by the Department, that
any final, peer-reviewed manuscript prepared for publication
that uses such data be submitted to the Secretary for deposit
in the digital archive under paragraph (2) and publication
under paragraph (3).
(2) Digital archive.--Not later than 18 months after the
effective date specified in subsection (e), the Secretary
shall--
(A) establish a digital archive consisting of manuscripts
described in paragraph (1); or
(B) partner with another executive agency to compile such
manuscripts in a digital archive.
(3) Public availability.--
(A) Availability of archive.--The Secretary shall ensure
that the digital archive under paragraph (2) and the contents
of such archive are available to the public via a publicly
accessible Internet website at no cost to the public.
(B) Availability of manuscripts.--The Secretary shall
ensure that each manuscript submitted to the Secretary under
paragraph (1) is available to the public under subparagraph
(A) not later than one year after the official date on which
the manuscript is otherwise published.
(4) Consistent with copyright law.--The Secretary shall
carry out this subsection in a manner consistent with
applicable copyright law.
(5) Annual report.--
(A) In general.--Not later than one year after the date the
Secretary begins making manuscripts available to the public
under this subsection and not less frequently than once each
year thereafter, 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 implementation of this subsection during the most recent
one-year period.
(B) Contents.--Each report submitted under subparagraph (A)
shall include for the period of the report:
(i) The number of manuscripts submitted under paragraph
(1).
(ii) The titles of such manuscripts.
(iii) The authors of such manuscripts.
(iv) For each such manuscript, the name and issue number or
volume number, as the case may be, of the journal or other
publication in which such manuscript was published.
(c) Recommendations for Data Sharing Between Department of
Veterans Affairs and Department of Defense.--Not later than
one year after the effective date specified in subsection
(e), the Department of Veterans Affairs-Department of Defense
Joint Executive Committee established by section 320(a) of
title 38, United States Code, shall submit to the Secretary
of Veterans Affairs and the Secretary of Defense options and
recommendations for the establishment of a program for long-
term cooperation and data sharing between and within the
Department of Veterans Affairs and the Department of Defense
to facilitate research on outcomes of military service,
readjustment after combat deployment, and other topics of
importance to the following:
(1) Veterans.
(2) Members of the Armed Forces.
(3) Family members of veterans.
(4) Family members of members of the Armed Forces.
(5) Members of communities that have a significant
population of veterans or members of the Armed Forces.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in
section 133 of title 41, United States Code.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 113. REVIVAL OF INTERMEDIATE CARE TECHNICIAN PILOT
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) 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 2013 and February 2014.
(b) Technicians.--
(1) Selection.--The Secretary shall select not less than 45
intermediate care technicians to participate in the pilot
program.
(2) Facilities.--
(A) In general.--Any intermediate care technician hired
pursuant to paragraph (1) may be assigned to a medical
facility of the Department as determined by the Secretary for
purposes of this section.
(B) Priority.--In assigning intermediate care technicians
under subparagraph (A), 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 Department, as determined by the Secretary
for purposes of this section.
(c) Termination.--The Secretary shall carry out the pilot
program under subsection (a) during the three-year period
beginning on the effective date specified in subsection (e).
(d) Hospital Care and Medical Services Defined.--In this
section, the terms ``hospital care'' and ``medical services''
have the meanings given such terms in section 1701 of title
38, United States Code.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 114. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA
FROM SECRETARY OF DEFENSE TO SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--In a case in which the Secretary of
Veterans Affairs hires a covered health care provider, the
Secretary of Defense shall, after receiving a request from
the Secretary of Veterans Affairs for the credentialing data
of the Secretary of Defense relating to such health care
provider, transfer to the Secretary of Veterans Affairs such
credentialing data.
(b) Covered Health Care Providers.--For purposes of this
section, a covered provider is a health care provider who--
[[Page S7941]]
(1) is or was employed by the Secretary of Defense;
(2) provides or provided health care related services as
part of such employment; and
(3) was credentialed by the Secretary of Defense.
(c) Policies and Regulations.--The Secretary of Veterans
Affairs and the Secretary of Defense shall establish such
policies and promulgate such regulations as may be necessary
to carry out this section.
(d) Credentialing Defined.--In this section, the term
``credentialing'' means the systematic process of screening
and evaluating qualifications and other credentials,
including licensure, required education, relevant training
and experience, and current competence and health status.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 115. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS
AFFAIRS FOR EMERGENCY MEDICAL CONDITIONS AND
WOMEN IN LABOR.
(a) In General.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by inserting after section
1784 the following new section:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor
``(a) In General.--In the case of a hospital of the
Department that has an emergency department, 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 condition, the
hospital must provide for an appropriate medical screening
examination within the capability of the emergency
department, including ancillary services routinely available
to the emergency department, to determine whether or not an
emergency medical condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) 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 condition, the
hospital must provide either--
``(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for transfer of the individual to another medical
facility in accordance with subsection (c).
``(2) A hospital is deemed to meet the requirement of
paragraph (1)(A) 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 (or a person acting on behalf of the
individual) of the risks and benefits to the individual of
such examination and treatment, but the individual (or a
person acting on behalf of the individual) refuses to consent
to the examination and treatment. The hospital shall take all
reasonable steps to secure the written informed consent of
the individual (or person) to refuse such examination and
treatment.
``(3) A hospital is deemed to meet the requirement of
paragraph (1) with respect to an individual if the hospital
offers to transfer the individual to another medical facility
in accordance with subsection (c) and informs the individual
(or a person acting on behalf of the individual) of the risks
and benefits to the individual of such transfer, but the
individual (or a person acting on behalf of the individual)
refuses to consent to the transfer. The hospital shall take
all reasonable steps to secure the written informed consent
of the individual (or person) to refuse such transfer.
``(c) Restricting Transfers Until Individual Stabilized.--
(1) If an individual at a hospital of the Department has an
emergency medical condition that has not been stabilized, the
hospital may not transfer the individual unless--
``(A)(i) the individual (or a legally responsible person
acting on behalf of the individual), after being informed of
the obligations of the hospital under this section and of the
risk of transfer, requests, in writing, transfer to another
medical facility;
``(ii) a physician of the Department has signed a
certification that, based upon the information available at
the time of transfer, the medical benefits reasonably
expected from the provision of appropriate medical treatment
at another medical facility outweigh the increased risks to
the individual and, in the case of labor, to the unborn child
from effecting the transfer; or
``(iii) if a physician of the Department is not physically
present in the emergency department at the time an individual
is transferred, a qualified medical person (as defined by the
Secretary for purposes of this section) has signed a
certification described in clause (ii) after a physician of
the Department, in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
``(B) the transfer is an appropriate transfer to that
facility.
``(2) A certification described in clause (ii) or (iii) of
paragraph (1)(A) shall include a summary of the risks and
benefits upon which the certification is based.
``(3) For purposes of paragraph (1)(B), an appropriate
transfer to a medical facility is a transfer--
``(A) in which the transferring hospital provides the
medical treatment within its capacity that minimizes the
risks to the health of the individual and, in the case of a
woman in labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified personnel for the
treatment of the individual; and
``(ii) has agreed to accept transfer of the individual and
to provide appropriate medical treatment;
``(C) in which the transferring hospital sends to the
receiving facility all medical records (or copies thereof)
available at the time of the transfer relating to the
emergency medical condition for which the individual has
presented, including--
``(i) observations of signs or symptoms;
``(ii) preliminary diagnosis;
``(iii) treatment provided;
``(iv) the results of any tests; and
``(v) the informed written consent or certification (or
copy thereof) provided under paragraph (1)(A);
``(D) in which the transfer is effected through qualified
personnel and transportation equipment, including the use of
necessary and medically appropriate life support measures
during the transfer; and
``(E) that meets such other requirements as the Secretary
considers necessary in the interest of the health and safety
of individuals transferred.
``(d) Definitions.--In this section:
``(1) The term `campus' means, with respect to a hospital
of the Department--
``(A) the physical area immediately adjacent to the main
buildings of the hospital;
``(B) other areas and structures that are not strictly
contiguous to the main buildings but are located not less
than 250 yards from the main buildings; and
``(C) any other areas determined by the Secretary to be
part of the campus of the hospital.
``(2) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could
reasonably be expected to result in--
``(i) placing the health of the individual (or, with
respect to a pregnant woman, the health of the woman or her
unborn child) in serious jeopardy;
``(ii) serious impairment to bodily functions; or
``(iii) serious dysfunction of any bodily organ or part; or
``(B) with respect to a pregnant woman who is having
contractions--
``(i) that there is inadequate time to effect a safe
transfer to another hospital before delivery; or
``(ii) that transfer may pose a threat to the health or
safety of the woman or the unborn child.
``(3)(A) The term `to stabilize' means, with respect to an
emergency medical condition described in paragraph (2)(A), to
provide such medical treatment of the condition as may be
necessary to assure, within reasonable medical probability,
that no material deterioration of the condition is likely to
result from or occur during the transfer of the individual
from a facility, or, with respect to an emergency medical
condition described in paragraph (2)(B), to deliver
(including the placenta).
``(B) The term `stabilized' means, with respect to an
emergency medical condition described in paragraph (2)(A),
that no material deterioration of the condition is likely,
within reasonable medical probability, to result from or
occur during the transfer of the individual from a facility,
or, with respect to an emergency medical condition described
in paragraph (2)(B), that the woman has delivered (including
the placenta).
``(4) The term `transfer' means the movement (including the
discharge) of an individual outside the facilities of a
hospital of the Department at the direction of any person
employed by (or affiliated or associated, directly or
indirectly, with) the hospital, but does not include such a
movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the permission of any
such person.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1784 the following new
item:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor.''.
Subtitle C--Improvement of Medical Workforce
SEC. 121. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN
EDUCATION AND TRAINING PROGRAM FOR HEALTH
PERSONNEL OF THE DEPARTMENT OF VETERANS
AFFAIRS.
In carrying out the education and training program required
under section 7302(a)(1) of title 38, United States Code, the
Secretary of Veterans Affairs shall include education and
training of marriage and family therapists and licensed
professional mental health counselors.
SEC. 122. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL
HEALTH COUNSELORS OF THE DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE DOCTORAL DEGREES.
Section 7402(b)(11)(A) of title 38, United States Code, is
amended by inserting ``or doctoral degree'' after ``master's
degree''.
SEC. 123. REQUIREMENT THAT PHYSICIAN ASSISTANTS EMPLOYED BY
THE DEPARTMENT OF VETERANS AFFAIRS RECEIVE
COMPETITIVE PAY.
Section 7451(a)(2) of title 38, United States Code, is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) Physician assistant.''; and
(3) in subparagraph (C), as redesignated by paragraph (1),
by striking ``and registered nurse'' and inserting
``registered nurse, and physician assistant''.
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SEC. 124. REPORT ON MEDICAL WORKFORCE OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans Affairs of the
Senate and the Committee on Veterans Affairs of the House of
Representatives a report on the medical workforce of the
Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) With respect to licensed professional mental health
counselors and marriage and family therapists of the
Department--
(A) how many such counselors and therapists are currently
enrolled in the mental health professionals trainee program
of the Department;
(B) how many such counselors and therapists are expected to
enroll in the mental health professionals trainee program of
the Department during the 180-day period beginning on the
date of the submittal of the report;
(C) a description of the eligibility criteria for such
counselors and therapists as compared to other behavioral
health professions in the Department;
(D) a description of the objectives, goals, and timing of
the Department with respect to increasing the representation
of such counselors and therapists in the behavioral health
workforce of the Department; and
(E) a description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to create an occupational series for such
counselors and therapists and a timeline for the creation of
such an occupational series.
(2) A breakdown of spending by the Department in connection
with the education debt reduction program of the Department
under subchapter VII of chapter 76 of title 38, United States
Code, including--
(A) 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 payments;
(B) a description of how the Department prioritizes such
spending by medical profession, 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
Administration; and
(C) 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 Department,
including efforts to more consistently include eligibility
for the education debt reduction program in vacancy
announcements of positions for health care providers at the
Department.
(3) 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 impediments,
including with respect to--
(A) restrictions under Federal or State laws;
(B) licensing or credentialing issues for health care
providers, including non-Department health care providers,
practicing telemedicine with a veteran located in a different
State;
(C) the effect of limited broadband access or limited
information technology capabilities on the delivery of health
care;
(D) the distance a veteran is required to travel to access
a facility or clinic with telemedicine capabilities;
(E) the effect on the provision of telemedicine services to
veterans of policies of and limited liability protection for
certain entities; and
(F) issues relating to reimbursement and travel limitations
for veterans that affect the participation of non-Department
health care providers in the telemedicine program.
(4) 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
telemedicine, consistent with medical residency program
requirements established by the Accreditation Council for
Graduate Medical Education, as required in section 108(b) of
the Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012 (Public Law 112-154; 38 U.S.C. 7406
note).
(5) 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 180 days, including the
development of an enterprise position management system to
more effectively identify, track, and resolve such vacancies.
(6) A description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to address any impediments to the timely
appointment and determination of qualifications for Directors
of Veterans Integrated Service Networks and Medical Directors
of the Department.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
SEC. 201. PARTICIPATION OF VETERANS SERVICE ORGANIZATIONS IN
TRANSITION ASSISTANCE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, in collaboration with the Secretary
of Labor, the Secretary of Homeland Security, and the
Secretary of Veterans Affairs, should establish a process by
which a representative of a veterans service organization may
be present at any portion of the program carried out under
section 1144 of title 10, United States Code, relating to the
submittal of claims to the Secretary of Veterans Affairs for
compensation under chapter 11 or 13 of title 38, United
States Code.
(b) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on participation of veterans
service organizations in the program carried out under
section 1144 of title 10, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) 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 23, 2014.
(B) The number of military bases that have complied with
such directives.
(C) How many veterans service organizations have been
present at a portion of a program as described in subsection
(a).
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38.
SEC. 202. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS
PUBLISH THE AVERAGE TIME REQUIRED TO ADJUDICATE
TIMELY AND UNTIMELY APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of
Veterans Affairs shall make available to the public the
following:
(A) The average length of time to adjudicate a timely
appeal.
(B) The average length of time to adjudicate an untimely
appeal.
(2) Effective date.--Paragraph (1) 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 Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of
the enactment of this Act, 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 (a)(1) has had an effect on the number of timely
appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and timely appeals that were
filed during the one-year period ending on the effective date
specified in subsection (a)(2).
(B) 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
(a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of
disagreement filed pursuant to section 7105(a) of title 38,
United States Code, 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
Affairs.
(2) Timely.--The term ``timely'' with respect to an appeal
means that the notice of disagreement was filed not more than
180 days after the date of mailing of the notice of the
result of the initial review or determination described in
paragraph (1).
(3) Untimely.--The term ``untimely'' with respect to an
appeal means the notice of disagreement was filed more than
180 days after the date of mailing of the notice of the
result of the initial review or determination described in
paragraph (1).
SEC. 203. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS
BEFORE BOARD OF VETERANS' APPEALS.
(a) In General.--Section 7107 of title 38, United States
Code, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (d) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections (d) and (e):
``(d)(1) Subject to paragraph (2), a hearing before the
Board shall be conducted, as the Board considers
appropriate--
``(A) in person; or
``(B) through picture and voice transmission, by electronic
or other means, in such manner that the appellant is not
present in the same location as the member or members of the
Board during the hearing.
``(2) Upon request by an appellant, a hearing before the
Board shall be conducted, as the appellant considers
appropriate--
``(A) in person; or
``(B) through picture and voice transmission as described
in paragraph (1)(B).
``(e)(1) In a case in which a hearing before the Board is
to be conducted through picture and voice transmission as
described in subsection (d)(1)(B), the Secretary shall
provide suitable facilities and equipment to the Board or
other components of the Department to enable an appellant
located at an appropriate facility within the area served by
a regional office to participate as so described.
``(2) Any hearing conducted through picture and voice
transmission as described in subsection (d)(1)(B) shall be
conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing.''; and
(4) in subsection (f)(1), as redesignated by paragraph (2),
by striking ``An appellant may request'' and all that follows
through ``office of the Department'' and inserting ``In a
case in which a hearing before the Board is to be conducted
in person, the hearing shall be held at the principal
location of the Board or at a facility of the Department
located within the area served by a regional office of the
Department''.
(b) Conforming Amendment.--Subsection (a)(1) of such
section is amended by striking ``in
[[Page S7943]]
subsection (f)'' and inserting ``in subsection (g)''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to cases received by the Board of
Veterans' Appeals pursuant to notices of disagreement
submitted on or after the date of the enactment of this Act.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
SEC. 211. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING
PERFORMANCE OF REGIONAL OFFICES OF VETERANS
BENEFITS ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the
effective date specified in subsection (e), 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 compensation.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) An identification of the following:
(A) The factors, including management practices, that
distinguish higher performing regional offices from other
regional offices with respect to claims for disability
compensation.
(B) The best practices employed by higher performing
regional offices that distinguish the performance of such
offices from other regional offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve the
performance of regional offices.
(2) 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
Congress.
(c) Report.--Not later than 15 months after the effective
date specified in subsection (e), 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 (a).
(d) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
(e) Effective Date.--This section shall take effect on the
date that is 270 days after the date of the enactment of this
Act.
SEC. 212. INCLUSION IN ANNUAL BUDGET SUBMISSION OF
INFORMATION ON CAPACITY OF VETERANS BENEFITS
ADMINISTRATION TO PROCESS BENEFITS CLAIMS.
(a) In General.--Along with the supporting information
included in the budget submitted to Congress by the President
pursuant to section 1105(a) of title 31, United States Code,
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 Affairs, including information described in
subsection (b), during the fiscal year covered by the budget
with which the information is submitted.
(b) Information Described.--The information described in
this subsection is the following:
(1) An estimate of the average number of claims for
benefits under the laws administered by the Secretary,
excluding such claims completed during mandatory overtime,
that a single full-time equivalent employee of the
Administration can process in a year, based on the following:
(A) A time and motion study that the Secretary shall
conduct on the processing of such claims.
(B) Such other information relating to such claims as the
Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the
Secretary under paragraph (2) in the previous year and an
identification of the effects of those actions.
(c) Effective Date.--This section shall apply with respect
to any budget submitted as described in subsection (a) with
respect to any fiscal year after fiscal year 2017.
SEC. 213. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF
DEPARTMENT OF VETERANS AFFAIRS AFTER TRANSITION
TO NATIONAL WORK QUEUE.
Not later than 15 months after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a 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 workload.
SEC. 214. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS
BENEFITS MANAGEMENT SYSTEM.
(a) In General.--Not later than each of one year, two
years, and three years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the progress of the Secretary in
implementing the Veterans Benefits Management System.
(b) Contents.--Each report required by subsection (a) shall
include the following:
(1) An assessment of the current functionality of the
Veterans Benefits Management System.
(2) 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 Secretary, including veterans service representatives,
rating veterans service representatives, and decision review
officers, for such legislative or administrative action as
the employees consider appropriate to improve the processing
of such claims.
(3) 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 system.
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
SEC. 215. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS TO
REDUCE INVENTORY OF NON-RATING WORKLOAD.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a 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 130, 137,
173, 290, 400, 600, 607, 690, 930, and 960.
SEC. 216. 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 following:
(1) With respect to each regional office of the Department
of Veterans Affairs, the following:
(A) The number of fully developed claims for benefits under
the laws administered by the Secretary that have been
received.
(B) The number of claims described in subparagraph (A) that
are pending a decision.
(C) The number of claims described in subparagraph (A) that
have been pending a decision for more than 125 days.
(2) Enhanced information on appeals of decisions relating
to claims for benefits under the laws administered by the
Secretary that are pending, including information contained
in the reports of the Department entitled ``Appeals Pending''
and ``Appeals Workload By Station''.
Subtitle C--Other Benefits Matters
SEC. 221. MODIFICATION OF PILOT PROGRAM FOR USE OF CONTRACT
PHYSICIANS FOR DISABILITY EXAMINATIONS.
Section 504 of the Veterans' Benefits Improvement Act of
1996 (Public Law 104-275; 38 U.S.C. 5101 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (a) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current license to practice the health care
profession of the physician; and
``(B) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
SEC. 222. DEVELOPMENT OF PROCEDURES TO INCREASE COOPERATION
WITH NATIONAL GUARD BUREAU.
(a) In General.--The Secretary of Veterans Affairs and the
Chief of the National Guard Bureau shall jointly develop and
implement procedures, including requirements relating to
timeliness, to improve the timely provision to the Secretary
of such information in the possession of the Chief as the
Secretary requires to process claims submitted to the
Secretary for benefits under the laws administered by the
Secretary.
(b) Report.--Not later than one year after the
implementation of the procedures under subsection (a), the
Secretary and the Chief shall jointly submit to Congress a
report describing--
(1) the requests for information relating to records of
members of the National Guard made by the Secretary to the
Chief pursuant to such procedures; and
(2) the timeliness of the responses of the Chief to such
requests.
SEC. 223. REVIEW OF DETERMINATION OF CERTAIN SERVICE IN
PHILIPPINES DURING WORLD WAR II.
(a) In General.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and such military
historians as the Secretary of Defense recommends, shall
review the process used to determine whether a covered
individual served in support of the Armed Forces of the
United States during World War II in accordance with section
1002(d) of title X of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 38 U.S.C. 107
note) for purposes of determining whether such covered
individual is eligible for payments described in such
section.
(b) Covered Individuals.--In this section, a covered
individual is any individual who timely submitted a claim for
benefits under subsection (c) of section 1002 of title X of
Division A of the
[[Page S7944]]
American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 38 U.S.C. 107 note) based on service as described in
subsection (d) of that section.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report detailing any findings, actions
taken, or recommendations for legislative action with respect
to the review conducted under subsection (a).
(d) Prohibition on Benefits for Disqualifying Conduct Under
New Process Pursuant to Review.--If pursuant to the review
conducted under subsection (a) the Secretary of Veterans
Affairs determines to establish a new process for the making
of payments as described in that subsection, the process
shall include mechanisms to ensure that individuals are not
treated as covered individuals for purposes of such payments
if such individuals engaged in any disqualifying conduct
during service described in that subsection, including
collaboration with the enemy or criminal conduct.
SEC. 224. REPORTS ON DEPARTMENT DISABILITY MEDICAL
EXAMINATIONS AND PREVENTION OF UNNECESSARY
MEDICAL EXAMINATIONS.
(a) Report on Disability Medical Examinations Furnished by
Department of Veterans Affairs.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the furnishing of general medical
and specialty medical examinations by the Department of
Veterans Affairs for purposes of adjudicating claims for
benefits under laws administered by the Secretary.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The number of general medical examinations furnished by
the Department during the period of fiscal years 2011 through
2014 for purposes of adjudicating claims for benefits under
laws administered by the Secretary.
(B) The number of general medical examinations furnished by
the Department during the period of fiscal years 2011 through
2014 for purposes of adjudicating a claim in which a
comprehensive joint examination was conducted, but for which
no disability relating to a joint, bone, or muscle had been
asserted as an issue in the claim.
(C) The number of specialty medical examinations furnished
by the Department during the period of fiscal years 2011
through 2014 for purposes of adjudicating a claim.
(D) The number of specialty medical examinations furnished
by the Department during the period of fiscal years 2011
through 2014 for purposes of adjudicating a claim in which
one or more joint examinations were conducted.
(E) A summary with citations to any medical and scientific
studies that provide a basis for determining that three
repetitions is adequate to determine the effect of repetitive
use on functional impairments.
(F) The names of all examination reports, including general
medical examinations and Disability Benefits Questionnaires,
used for evaluation of compensation and pension disability
claims which require measurement of repeated ranges of motion
testing and the number of examinations requiring such
measurements which were conducted in fiscal year 2014.
(G) The average amount of time taken by an individual
conducting a medical examination to perform the three
repetitions of movement of each joint.
(H) A discussion of whether there are more efficient and
effective scientifically reliable methods of testing for
functional loss on repetitive use of an extremity other than
the three time repetition currently used by the Department.
(I) Recommendations as to the continuation of the practice
of measuring functional impairment by using three repetitions
of movement of each joint during the examination as a
criteria for evaluating the effect of repetitive motion on
functional impairment with supporting rationale.
(b) Report and Plan to Prevent the Ordering of Unnecessary
Medical Examinations.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, 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 efforts of the Secretary in
reducing the necessity for in-person disability examinations
and other efforts to comply with the provisions of section
5125 of title 38, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Criteria used by the Secretary to determine if a claim
is eligible for the Acceptable Clinical Evidence initiative.
(B) The number of claims determined to be eligible for the
Acceptable Clinical Evidence initiative during the period
beginning on the date of the initiation of the initiative and
ending on the date of the enactment of this Act,
disaggregated--
(i) by fiscal year; and
(ii) by claims determined eligible based in whole or in
part on medical evidence provided by a private health care
provider.
(C) The total number of claims determined to be eligible
for the Acceptable Clinical Evidence initiative that required
an employee of the Department to supplement the evidence with
information obtained during a telephone interview with a
claimant or health care provider.
(D) Information on any other initiatives or efforts,
including Disability Benefits Questionnaires, of the
Department to further encourage the use of medical evidence
provided by a private health care provider and reliance upon
reports of a medical examination administered by a private
physician if the report is sufficiently complete to be
adequate for the purposes of adjudicating a claim.
(E) A plan--
(i) to measure, track, and prevent the ordering of
unnecessary medical examinations when the provision by a
claimant of a medical examination administered by a private
physician in support of a claim for benefits under chapter 11
or 15 of title 38, United States Code, is adequate for the
purpose of making a decision on that claim; and
(ii) that includes the actions the Secretary will take to
eliminate any request by the Department for a medical
examination in the case of a claim for benefits under chapter
11 or 15 of such title in support of which a claimant submits
medical evidence or a medical opinion provided by a private
health care provider that is competent, credible, probative,
and otherwise adequate for purposes of making a decision on
that claim.
SEC. 225. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION
RELATING TO CLAIMS FOR DISABILITIES INCURRED OR
AGGRAVATED BY MILITARY SEXUAL TRAUMA.
(a) 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 year, including the information specified
in subsection (b).
(b) Elements.--The information specified in this subsection
with respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered
by the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number
and percentage of such claims--
(A) submitted by each gender;
(B) that were approved, including the number and percentage
of such approved claims submitted by each gender; and
(C) that were denied, including the number and percentage
of such denied claims submitted by each gender.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each gender,
of claims assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the Secretary
under section 5104(b)(1) of title 38, United States Code, for
such denials; and
(B) the number of denials that were based on the failure of
a veteran to report for a medical examination.
(5) Of the covered claims under paragraph (1) that were
resubmitted to the Secretary after denial in a previous
adjudication--
(A) the number of such claims submitted to or considered by
the Secretary during such fiscal year;
(B) the number and percentage of such claims--
(i) submitted by each gender;
(ii) that were approved, including the number and
percentage of such approved claims submitted by each gender;
and
(iii) that were denied, including the number and percentage
of such denied claims submitted by each gender;
(C) the number and percentage, listed by each gender, of
claims assigned to each rating percentage of disability; and
(D) of such claims that were again denied--
(i) the three most common reasons given by the Secretary
under section 5104(b)(1) of such title for such denials; and
(ii) the number of denials that were based on the failure
of a veteran to report for a medical examination.
(6) The number of covered claims that, as of the end of
such fiscal year, are pending and, separately, the number of
such claims on appeal.
(7) The average number of days that covered claims take to
complete beginning on the date on which the claim is
submitted.
(c) Definitions.--In this section:
(1) 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 trauma.
(2) 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'' (as so specified).
TITLE III--EDUCATION MATTERS
SEC. 301. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
DURING CERTAIN ADDITIONAL PERIODS OF ACTIVE
DUTY.
(a) Educational Assistance Allowance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended
by striking ``or 12304'' and inserting ``12304, 12304a, or
12304b''.
(b) Expiration Date.--Section 16133(b)(4) of such title is
amended by striking ``or 12304'' and inserting ``12304,
12304a, or 12304b''.
SEC. 302. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 33 of title 38, United States
Code, is amended--
(1) in subsection 3325(c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
[[Page S7945]]
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the information received by the Secretary under
section 3326 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3326. Report on student progress
``As a condition on approval under chapter 36 of this title
of a course offered by an educational institution (as defined
in section 3452 of this title), each year, each educational
institution (as so defined) 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 require.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3326. Report on student progress.''.
(c) 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 Act.
SEC. 303. SECRETARY OF DEFENSE REPORT ON LEVEL OF EDUCATION
ATTAINED BY THOSE WHO TRANSFER ENTITLEMENT TO
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3325(b)(1) of title 38, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon; and
(2) by adding at the end the following new subparagraph:
``(D) indicating the highest level of education attained by
each individual who transfers a portion of the individual's
entitlement to educational assistance under section 3319 of
this title; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 304. REPORTS ON EDUCATIONAL LEVELS ATTAINED BY CERTAIN
MEMBERS OF THE ARMED FORCES AT TIME OF
SEPARATION FROM THE ARMED FORCES.
(a) Annual Reports Required.--Each Secretary concerned
shall submit to Congress each year a report on the
educational levels attained by members of the Armed Forces
described in subsection (b) under the jurisdiction of such
Secretary who separated from the Armed Forces during the
preceding year.
(b) Covered Members.--The members of the Armed Forces
described in this subsection are members of the Armed Forces
who transferred unused education benefits to family members
pursuant to section 3319 of title 38, United States Code,
while serving as members of the Armed Forces.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 38, United States Code.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
SEC. 401. REQUIRED COORDINATION BETWEEN DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING WITH STATE
DEPARTMENTS OF LABOR AND VETERANS AFFAIRS.
(a) In General.--Section 4103 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(c) 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 affairs.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 402. REPORT ON JOB FAIRS ATTENDED BY ONE-STOP CAREER
CENTER EMPLOYEES AT WHICH SUCH EMPLOYEES
ENCOUNTER VETERANS.
(a) In General.--Section 136(d)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2871(d)(1)) is amended by
adding at the end the following new sentence: ``The report
also shall include information, for the year preceding the
year the report is submitted, on the number of job fairs
attended by One-Stop Career Center employees at which the
employees had contact with a veteran, and the number of
veterans contacted at each such job fair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 403. REVIEW OF CHALLENGES FACED BY EMPLOYERS SEEKING TO
HIRE VETERANS AND SHARING OF INFORMATION AMONG
FEDERAL AGENCIES THAT SERVE VETERANS.
(a) Review.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Defense and the Secretary of Veterans
Affairs, shall conduct a review of--
(A) the challenges faced by employers seeking to hire
veterans; and
(B) information sharing among Federal departments and
agencies that serve veterans and members of the Armed Forces
who are separating from service.
(2) Matters reviewed.--In conducting the review required by
paragraph (1), the Secretary of Labor shall examine the
following:
(A) The barriers employers face in gaining information
identifying veterans who are seeking jobs.
(B) The extent and quality of information sharing among
Federal departments and agencies that serve veterans and
members of the Armed Forces who are separating from service,
including how the departments and agencies may more easily
connect employers with such veterans and members.
(b) Report.--
(1) In general.--Not later than 120 days after the
effective date specified in subsection (c), the Secretary of
Labor shall submit to the appropriate committees of Congress
a report on the review conducted under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for addressing the barriers described
in subsection (a)(2)(A).
(B) Recommendations for improving information sharing
described in subsection (a)(2)(B).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(c) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 404. REVIEW OF TRANSITION GPS PROGRAM CORE CURRICULUM.
(a) Review.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Labor, shall conduct a review of the Department of Defense
Transition GPS Program Core Curriculum in effect on the date
of the enactment of this Act.
(2) Matters reviewed.--The review shall examine the
following:
(A) The Department of Defense Transition GPS Program Core
Curriculum in effect on the date of the enactment of this
Act.
(B) The roles and responsibilities of each Federal
department participating in the Transition GPS Program and
whether the various roles and responsibilities of the Federal
departments are adequately aligned with one another.
(C) The allotment of time spent on issues under the
jurisdiction of each Federal department participating in the
Transition GPS Program and whether the allotment is adequate
to provide members of the Armed Forces with all the
information the members need regarding important benefits
that can assist members in transitioning out of military
service.
(D) Whether any of the information in the three optional
tracks in the Transition GPS Program Core Curriculum should
be addressed more appropriately in mandatory tracks rather
than optional tracks.
(E) The benefits of and obstacles to establishing--
(i) a standard implementation plan of long-term outcome
measures for the Transition GPS Program; and
(ii) a comprehensive system of metrics for such measures.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs and the
Secretary of Labor, shall submit to the appropriate
committees of Congress a report on the review conducted under
subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for improving the Department of Defense
Transition GPS Program Core Curriculum in order to more
accurately address the needs of members of the Armed Forces
transitioning out of military service.
(B) Recommendations for improving the roles and
responsibilities described in subsection (a)(2)(B).
(C) Recommendations for improving the allotment of time
described in subsection (a)(2)(C).
(D) Such recommendations as the Secretary of Defense may
have regarding the optional and mandatory tracks in the
Transition GPS Program Core Curriculum.
(E) Such recommendations as the Secretary of Defense may
have with respect to the outcome measures and metrics
described in subsection (a)(2)(E).
(F) Identification of such other areas of concern as the
Secretary of Defense may have with respect to the Transition
GPS Program and such recommendations for legislative or
administrative action as the Secretary may have to address
such concerns.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 405. MODIFICATION OF REQUIREMENT FOR PROVISION OF
PRESEPARATION COUNSELING.
(a) Clarification of Requirement for 180 Continuous Days of
Active Duty Service.--Subparagraph (A) of section 1142(a)(4)
of title 10, United States Code, is amended by inserting
``continuous'' before ``180 days''.
(b) Exclusion of Training From Periods of Active Duty.--
Such section is further amended by adding at the end the
following new subparagraph:
``(C) For purposes of subparagraph (A), the term `active
duty' does not include full-time training duty, annual
training duty, and attendance, while in the active military
service, at a school designated as a service school by law or
by the Secretary concerned.''.
[[Page S7946]]
TITLE V--VETERAN SMALL BUSINESS MATTERS
SEC. 501. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS
AND PREFERENCES OF DEPARTMENT OF VETERANS
AFFAIRS FOR SMALL BUSINESSES OWNED BY VETERANS
OF SMALL BUSINESSES AFTER DEATH OF DISABLED
VETERAN OWNERS.
(a) In General.--Section 8127(h) of title 38, United States
Code, is amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a veteran with a
service-connected disability rated as 100 percent disabling
or who dies as a result of a service-connected disability, is
10 years after the date of the veteran's death; or
``(ii) in the case of a surviving spouse of a veteran with
a service-connected disability rated as less than 100 percent
disabling who does not die as a result of a service-connected
disability, is three years after the date of the veteran's
death.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act and shall apply with respect to
applications received pursuant to section 8127(f)(2) of title
38, United States Code, that are verified on or after such
date.
SEC. 502. TREATMENT OF BUSINESSES AFTER DEATHS OF
SERVICEMEMBER-OWNERS FOR PURPOSES OF DEPARTMENT
OF VETERANS AFFAIRS CONTRACTING GOALS AND
PREFERENCES.
(a) In General.--Section 8127 of title 38, United States
Code, is amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Treatment of Businesses After Death of Servicemember-
owner.--(1) If a member of the Armed Forces owns at least 51
percent of a small business concern and such member is killed
in line of duty in the active military, naval, or air
service, the surviving spouse or dependent child of such
member who acquires such ownership rights in such small
business concern shall, for the period described in paragraph
(2), be treated as if the surviving spouse or dependent child
were a veteran with a service-connected disability for
purposes of determining the status of the small business
concern as a small business concern owned and controlled by
veterans for purposes of contracting goals and preferences
under this section.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the member of the Armed Forces
dies and ending on the date as follows:
``(A) In the case of a surviving spouse, the earliest of
the following dates:
``(i) The date on which the surviving spouse remarries.
``(ii) The date on which the surviving spouse relinquishes
an ownership interest in the small business concern and no
longer owns at least 51 percent of such small business
concern.
``(iii) The date that is ten years after the date of the
member's death.
``(B) In the case of a dependent child, the earliest of the
following dates:
``(i) The date on which the surviving dependent child
relinquishes an ownership interest in the small business
concern and no longer owns at least 51 percent of such small
business concern.
``(ii) The date that is ten years after the date of the
member's death.''.
(b) Effective Date.--Subsection (i) of section 8127 of such
title, as added by subsection (a), shall take effect on the
date of the enactment of this Act and shall apply with
respect to the deaths of members of the Armed Forces
occurring on or after such date.
TITLE VI--BURIAL MATTERS
SEC. 601. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS
RELATING TO BURIAL OF UNCLAIMED REMAINS OF
VETERANS IN NATIONAL CEMETERIES.
(a) Study and Report Required.--Not later than one year
after the effective date specified in subsection (d), the
Secretary of Veterans Affairs shall--
(1) complete a study on matters relating to the interring
of unclaimed remains of veterans in national cemeteries under
the control of the National Cemetery Administration; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection
(a)(1) shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) 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
Administration.
(3) 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 Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number
of unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as
the Secretary considers appropriate, including a subset of
funeral homes and coroner offices that possess unclaimed
veterans remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), 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 laws.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
TITLE VII--OTHER MATTERS
SEC. 701. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED
SERVICE IN THE RESERVE COMPONENTS OF THE ARMED
FORCES.
Any person who is entitled under chapter 1223 of title 10,
United States Code, to retired pay for nonregular service or,
but for age, 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 honor.
SEC. 702. REPORT ON LAOTIAN MILITARY SUPPORT OF ARMED FORCES
OF THE UNITED STATES DURING VIETNAM WAR.
(a) In General.--Not later than one year after the
effective date specified in subsection (c), the Secretary of
Veterans Affairs, in consultation with the Secretary of
Defense and such agencies and individuals as the Secretary of
Veterans Affairs considers appropriate, shall submit to the
appropriate committees of Congress a report on--
(1) the extent to which Laotian military forces provided
combat support to the Armed Forces of the United States
between February 28, 1961, and May 15, 1975;
(2) whether the current classification by the Civilian/
Military Service Review Board of the Department of Defense of
service by individuals of Hmong ethnicity is appropriate; and
(3) such recommendations as the Secretary of Veterans
Affairs may have for legislative action.
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(c) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 703. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.
During the 10-year period beginning on September 26, 2015,
the second sentence of subsection (c) of section 3684 of
title 38, United States Code, shall be applied--
(1) by substituting ``$7'' for ``$12''; and
(2) by substituting ``$11'' for ``$15''.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
Isakson amendment be agreed to; the committee-reported substitute, as
amended, be agreed to; the bill, as amended, be read a third time and
passed; the title amendment be agreed to, and the motions to reconsider
be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2806) was agreed to, as follows:
(Purpose: To improve the bill)
Beginning on page 29, strike line 1 and all that follows
through page 32, line 20, and insert the following:
SEC. 112. REPORTS ON PUBLIC ACCESS TO DEPARTMENT OF VETERANS
AFFAIRS RESEARCH.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on increasing public
access to scientific publications and digital data from
research funded by the Department of Veterans Affairs.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of where on the Internet website of the
Department the public will be able to access results of
research funded by the Department or be referred to other
sources to access the results of research funded by the
Department.
(2) A description of the progress made by the Department in
meeting public access requirements set forth in the Federal
Register notice entitled ``Policy and Implementation Plan for
Public Access to Scientific Publications and Digital Data
from Research Funded by the Department of Veterans Affairs''
(80 Fed. Reg. 60751), including the following:
(A) Compliance of Department investigators with
requirements relating to ensuring that research funded by the
Department is accessible by the public.
(B) Ensuring data management plans of the Department
include provisions for long-term preservation of the
scientific data resulting from research funded by the
Department.
(3) An explanation of the factors used to evaluate the
merit of data management plans of research funded by the
Veterans Health Administration.
[[Page S7947]]
(4) 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 process.
On page 33, line 6, strike ``45'' and insert ``72''.
On page 43, strike lines 7 through 11 and insert the
following:
(a) In General.--In carrying out the education and training
program required under section 7302(a)(1) of title 38, United
States Code, the Secretary of Veterans Affairs shall include
education and training of marriage and family therapists and
licensed professional mental health counselors.
(b) Effective Date.--Subsection (a) shall take effect on
the date that is one year after the date of the enactment of
this Act.
Beginning on page 43, strike line 19 and all that follows
through page 44, line 9.
Beginning on page 65, strike line 3 and all that follows
through page 70, line 8.
Beginning on page 91, strike line 22 and all that follows
through page 92, line 1, and insert the following:
(a) In General.--During the 10-year period beginning on
September 26, 2015, the second sentence of subsection (c) of
section 3684 of title 38, United States Code, shall be
applied--
(1) by substituting ``$8'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(b) Conforming Amendment.--Section 406 of the Department of
Veterans Affairs Expiring Authorities Act of 2014 (Public Law
113-175; 38 U.S.C. 3684 note), as amended by section 410 of
the Department of Veterans Affairs Expiring Authorities Act
of 2015 (Public Law 114-58), is hereby repealed.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 1203), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1203
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st
Century Veterans Benefits Delivery and Other Improvements
Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
Sec. 101. Improved access to appropriate immunizations for veterans.
Sec. 102. Expansion of provision of chiropractic care and services to
veterans.
Subtitle B--Health Care Administration
Sec. 111. Expansion of availability of prosthetic and orthotic care for
veterans.
Sec. 112. Reports on public access to Department of Veterans Affairs
research.
Sec. 113. Revival of Intermediate Care Technician Pilot Program of
Department of Veterans Affairs.
Sec. 114. Transfer of health care provider credentialing data from
Secretary of Defense to Secretary of Veterans Affairs.
Subtitle C--Improvement of Medical Workforce
Sec. 121. Inclusion of mental health professionals in education and
training program for health personnel of the Department
of Veterans Affairs.
Sec. 122. Expansion of qualifications for licensed mental health
counselors of the Department of Veterans Affairs to
include doctoral degrees.
Sec. 123. Report on medical workforce of the Department of Veterans
Affairs.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
Sec. 201. Participation of veterans service organizations in Transition
Assistance Program.
Sec. 202. Requirement that Secretary of Veterans Affairs publish the
average time required to adjudicate timely and untimely
appeals.
Sec. 203. Determination of manner of appearance for hearings before
Board of Veterans' Appeals.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
Sec. 211. Comptroller General review of claims processing performance
of regional offices of Veterans Benefits Administration.
Sec. 212. Inclusion in annual budget submission of information on
capacity of Veterans Benefits Administration to process
benefits claims.
Sec. 213. Report on staffing levels at regional offices of Department
of Veterans Affairs after transition to National Work
Queue.
Sec. 214. Annual report on progress in implementing Veterans Benefits
Management System.
Sec. 215. Report on plans of Secretary of Veterans Affairs to reduce
inventory of non-rating workload.
Sec. 216. Sense of Congress on increased transparency relating to
claims for benefits and appeals of decisions relating to
benefits in Monday Morning Workload Report.
Subtitle C--Other Benefits Matters
Sec. 221. Modification of pilot program for use of contract physicians
for disability examinations.
Sec. 222. Development of procedures to increase cooperation with
National Guard Bureau.
Sec. 223. Review of determination of certain service in Philippines
during World War II.
Sec. 224. Sense of Congress on submittal of information relating to
claims for disabilities incurred or aggravated by
military sexual trauma.
TITLE III--EDUCATION MATTERS
Sec. 301. Retention of entitlement to educational assistance during
certain additional periods of active duty.
Sec. 302. Reports on progress of students receiving Post-9/11
Educational Assistance.
Sec. 303. Secretary of Defense report on level of education attained by
those who transfer entitlement to Post-9/11 educational
assistance.
Sec. 304. Reports on educational levels attained by certain members of
the Armed Forces at time of separation from the Armed
Forces.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
Sec. 401. Required coordination between Directors for Veterans'
Employment and Training with State departments of labor
and veterans affairs.
Sec. 402. Report on job fairs attended by one-stop career center
employees at which such employees encounter veterans.
Sec. 403. Review of challenges faced by employers seeking to hire
veterans and sharing of information among Federal
agencies that serve veterans.
Sec. 404. Review of Transition GPS Program Core Curriculum.
Sec. 405. Modification of requirement for provision of preseparation
counseling.
TITLE V--VETERAN SMALL BUSINESS MATTERS
Sec. 501. Modification of treatment under contracting goals and
preferences of Department of Veterans Affairs for small
businesses owned by veterans of small businesses after
death of disabled veteran owners.
Sec. 502. Treatment of businesses after deaths of servicemember-owners
for purposes of Department of Veterans Affairs
contracting goals and preferences.
TITLE VI--BURIAL MATTERS
Sec. 601. Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in national
cemeteries.
TITLE VII--OTHER MATTERS
Sec. 701. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
Sec. 702. Report on Laotian military support of Armed Forces of the
United States during Vietnam War.
Sec. 703. Restoration of prior reporting fee multipliers.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
SEC. 101. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR
VETERANS.
(a) Inclusion of Recommended Adult Immunizations as Medical
Services.--
(1) Covered benefit.--Subparagraph (F) of section 1701(9)
of title 38, United States Code, is amended to read as
follows:
``(F) immunizations against infectious diseases, including
each immunization on the recommended adult immunization
schedule at the time such immunization is indicated on that
schedule;''.
(2) Recommended adult immunization schedule defined.--
Section 1701 of such title is amended by adding after
paragraph (9) the following new paragraph:
``(10) The term `recommended adult immunization schedule'
means the schedule established (and periodically reviewed
and, as appropriate, revised) 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 Prevention.''.
(b) Inclusion of Recommended Adult Immunizations in Annual
Report.--Section 1704(1)(A) of such title is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
[[Page S7948]]
(3) by inserting after clause (ii) the following new
clause:
``(iii) to provide veterans each immunization on the
recommended adult immunization schedule at the time such
immunization is indicated on that schedule.''.
(c) Report to Congress.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the development and
implementation by the Department of Veterans Affairs of
quality measures and metrics, including targets for
compliance, to ensure that veterans receiving medical
services under chapter 17 of title 38, United States Code,
receive each immunization on the recommended adult
immunization schedule at the time such immunization is
indicated on that schedule.
(2) Recommended adult immunization schedule defined.--In
this subsection, the term ``recommended adult immunization
schedule'' has the meaning given that term in section
1701(10) of title 38, United States Code, as added by
subsection (a)(2).
SEC. 102. EXPANSION OF PROVISION OF CHIROPRACTIC CARE AND
SERVICES TO VETERANS.
(a) Program for Provision of Chiropractic Care and Services
to Veterans.--Section 204(c) of the Department of Veterans
Affairs Health Care Programs Enhancement Act of 2001 (Public
Law 107-135; 115 Stat. 2459; 38 U.S.C. 1710 note) is
amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) 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 21st Century Veterans Benefits Delivery
and Other Improvements Act, and at not fewer than 50 percent
of all medical centers in each Veterans Integrated Service
Network by not later than three years after such date of
enactment.''.
(b) Expanded Chiropractor Services Available to Veterans.--
(1) Medical services.--Paragraph (6) of section 1701 of
title 38, United States Code, is amended by adding at the end
the following new subparagraph:
``(H) Chiropractic services.''.
(2) Rehabilitative services.--Paragraph (8) of such section
is amended by inserting ``chiropractic,'' after
``counseling,''.
(3) Preventive health services.--Paragraph (9) of such
section is amended--
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) periodic and preventive chiropractic examinations and
services;''.
Subtitle B--Health Care Administration
SEC. 111. EXPANSION OF AVAILABILITY OF PROSTHETIC AND
ORTHOTIC CARE FOR VETERANS.
(a) Establishment or Expansion of Advanced Degree Programs
To Expand Availability of Provision 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 veterans.
(b) Report.--Not later than one year after the effective
date specified in subsection (d), 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 (a). The Secretary shall develop the plan in
consultation with veterans service organizations,
institutions of higher education with accredited degree
programs in prosthetics and orthotics, and representatives of
the prosthetics and orthotics field.
(c) Funding.--
(1) Authorization of appropriations.--There is hereby
authorized to be appropriated for fiscal year 2017 for the
Department of Veterans Affairs, $5,000,000 to carry out this
section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2019.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 112. REPORTS ON PUBLIC ACCESS TO DEPARTMENT OF VETERANS
AFFAIRS RESEARCH.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on increasing public
access to scientific publications and digital data from
research funded by the Department of Veterans Affairs.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of where on the Internet website of the
Department the public will be able to access results of
research funded by the Department or be referred to other
sources to access the results of research funded by the
Department.
(2) A description of the progress made by the Department in
meeting public access requirements set forth in the Federal
Register notice entitled ``Policy and Implementation Plan for
Public Access to Scientific Publications and Digital Data
from Research Funded by the Department of Veterans Affairs''
(80 Fed. Reg. 60751), including the following:
(A) Compliance of Department investigators with
requirements relating to ensuring that research funded by the
Department is accessible by the public.
(B) Ensuring data management plans of the Department
include provisions for long-term preservation of the
scientific data resulting from research funded by the
Department.
(3) An explanation of the factors used to evaluate the
merit of data management plans of research funded by the
Veterans Health Administration.
(4) 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 process.
SEC. 113. REVIVAL OF INTERMEDIATE CARE TECHNICIAN PILOT
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) 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 2013 and February 2014.
(b) Technicians.--
(1) Selection.--The Secretary shall select not less than 72
intermediate care technicians to participate in the pilot
program.
(2) Facilities.--
(A) In general.--Any intermediate care technician hired
pursuant to paragraph (1) may be assigned to a medical
facility of the Department as determined by the Secretary for
purposes of this section.
(B) Priority.--In assigning intermediate care technicians
under subparagraph (A), 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 Department, as determined by the Secretary
for purposes of this section.
(c) Termination.--The Secretary shall carry out the pilot
program under subsection (a) during the three-year period
beginning on the effective date specified in subsection (e).
(d) Hospital Care and Medical Services Defined.--In this
section, the terms ``hospital care'' and ``medical services''
have the meanings given such terms in section 1701 of title
38, United States Code.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 114. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA
FROM SECRETARY OF DEFENSE TO SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--In a case in which the Secretary of
Veterans Affairs hires a covered health care provider, the
Secretary of Defense shall, after receiving a request from
the Secretary of Veterans Affairs for the credentialing data
of the Secretary of Defense relating to such health care
provider, transfer to the Secretary of Veterans Affairs such
credentialing data.
(b) Covered Health Care Providers.--For purposes of this
section, a covered provider is a health care provider who--
(1) is or was employed by the Secretary of Defense;
(2) provides or provided health care related services as
part of such employment; and
(3) was credentialed by the Secretary of Defense.
(c) Policies and Regulations.--The Secretary of Veterans
Affairs and the Secretary of Defense shall establish such
policies and promulgate such regulations as may be necessary
to carry out this section.
(d) Credentialing Defined.--In this section, the term
``credentialing'' means the systematic process of screening
and evaluating qualifications and other credentials,
including licensure, required education, relevant training
and experience, and current competence and health status.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 115. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS
AFFAIRS FOR EMERGENCY MEDICAL CONDITIONS AND
WOMEN IN LABOR.
(a) In General.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by inserting after section
1784 the following new section:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor
``(a) In General.--In the case of a hospital of the
Department that has an emergency department, 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 condition, the
hospital must provide for an appropriate medical screening
examination within the capability of the emergency
department, including ancillary services routinely available
to the emergency department, to determine whether or not an
emergency medical condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If any individual comes to a
hospital of the Department that has an emergency department
or the campus of such a
[[Page S7949]]
hospital and the hospital determines that the individual has
an emergency medical condition, the hospital must provide
either--
``(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for transfer of the individual to another medical
facility in accordance with subsection (c).
``(2) A hospital is deemed to meet the requirement of
paragraph (1)(A) 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 (or a person acting on behalf of the
individual) of the risks and benefits to the individual of
such examination and treatment, but the individual (or a
person acting on behalf of the individual) refuses to consent
to the examination and treatment. The hospital shall take all
reasonable steps to secure the written informed consent of
the individual (or person) to refuse such examination and
treatment.
``(3) A hospital is deemed to meet the requirement of
paragraph (1) with respect to an individual if the hospital
offers to transfer the individual to another medical facility
in accordance with subsection (c) and informs the individual
(or a person acting on behalf of the individual) of the risks
and benefits to the individual of such transfer, but the
individual (or a person acting on behalf of the individual)
refuses to consent to the transfer. The hospital shall take
all reasonable steps to secure the written informed consent
of the individual (or person) to refuse such transfer.
``(c) Restricting Transfers Until Individual Stabilized.--
(1) If an individual at a hospital of the Department has an
emergency medical condition that has not been stabilized, the
hospital may not transfer the individual unless--
``(A)(i) the individual (or a legally responsible person
acting on behalf of the individual), after being informed of
the obligations of the hospital under this section and of the
risk of transfer, requests, in writing, transfer to another
medical facility;
``(ii) a physician of the Department has signed a
certification that, based upon the information available at
the time of transfer, the medical benefits reasonably
expected from the provision of appropriate medical treatment
at another medical facility outweigh the increased risks to
the individual and, in the case of labor, to the unborn child
from effecting the transfer; or
``(iii) if a physician of the Department is not physically
present in the emergency department at the time an individual
is transferred, a qualified medical person (as defined by the
Secretary for purposes of this section) has signed a
certification described in clause (ii) after a physician of
the Department, in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
``(B) the transfer is an appropriate transfer to that
facility.
``(2) A certification described in clause (ii) or (iii) of
paragraph (1)(A) shall include a summary of the risks and
benefits upon which the certification is based.
``(3) For purposes of paragraph (1)(B), an appropriate
transfer to a medical facility is a transfer--
``(A) in which the transferring hospital provides the
medical treatment within its capacity that minimizes the
risks to the health of the individual and, in the case of a
woman in labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified personnel for the
treatment of the individual; and
``(ii) has agreed to accept transfer of the individual and
to provide appropriate medical treatment;
``(C) in which the transferring hospital sends to the
receiving facility all medical records (or copies thereof)
available at the time of the transfer relating to the
emergency medical condition for which the individual has
presented, including--
``(i) observations of signs or symptoms;
``(ii) preliminary diagnosis;
``(iii) treatment provided;
``(iv) the results of any tests; and
``(v) the informed written consent or certification (or
copy thereof) provided under paragraph (1)(A);
``(D) in which the transfer is effected through qualified
personnel and transportation equipment, including the use of
necessary and medically appropriate life support measures
during the transfer; and
``(E) that meets such other requirements as the Secretary
considers necessary in the interest of the health and safety
of individuals transferred.
``(d) Definitions.--In this section:
``(1) The term `campus' means, with respect to a hospital
of the Department--
``(A) the physical area immediately adjacent to the main
buildings of the hospital;
``(B) other areas and structures that are not strictly
contiguous to the main buildings but are located not less
than 250 yards from the main buildings; and
``(C) any other areas determined by the Secretary to be
part of the campus of the hospital.
``(2) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could
reasonably be expected to result in--
``(i) placing the health of the individual (or, with
respect to a pregnant woman, the health of the woman or her
unborn child) in serious jeopardy;
``(ii) serious impairment to bodily functions; or
``(iii) serious dysfunction of any bodily organ or part; or
``(B) with respect to a pregnant woman who is having
contractions--
``(i) that there is inadequate time to effect a safe
transfer to another hospital before delivery; or
``(ii) that transfer may pose a threat to the health or
safety of the woman or the unborn child.
``(3)(A) The term `to stabilize' means, with respect to an
emergency medical condition described in paragraph (2)(A), to
provide such medical treatment of the condition as may be
necessary to assure, within reasonable medical probability,
that no material deterioration of the condition is likely to
result from or occur during the transfer of the individual
from a facility, or, with respect to an emergency medical
condition described in paragraph (2)(B), to deliver
(including the placenta).
``(B) The term `stabilized' means, with respect to an
emergency medical condition described in paragraph (2)(A),
that no material deterioration of the condition is likely,
within reasonable medical probability, to result from or
occur during the transfer of the individual from a facility,
or, with respect to an emergency medical condition described
in paragraph (2)(B), that the woman has delivered (including
the placenta).
``(4) The term `transfer' means the movement (including the
discharge) of an individual outside the facilities of a
hospital of the Department at the direction of any person
employed by (or affiliated or associated, directly or
indirectly, with) the hospital, but does not include such a
movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the permission of any
such person.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1784 the following new
item:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor.''.
Subtitle C--Improvement of Medical Workforce
SEC. 121. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN
EDUCATION AND TRAINING PROGRAM FOR HEALTH
PERSONNEL OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--In carrying out the education and training
program required under section 7302(a)(1) of title 38, United
States Code, the Secretary of Veterans Affairs shall include
education and training of marriage and family therapists and
licensed professional mental health counselors.
(b) Effective Date.--Subsection (a) shall take effect on
the date that is one year after the date of the enactment of
this Act.
SEC. 122. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL
HEALTH COUNSELORS OF THE DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE DOCTORAL DEGREES.
Section 7402(b)(11)(A) of title 38, United States Code, is
amended by inserting ``or doctoral degree'' after ``master's
degree''.
SEC. 123. REPORT ON MEDICAL WORKFORCE OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans Affairs of the
Senate and the Committee on Veterans Affairs of the House of
Representatives a report on the medical workforce of the
Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) With respect to licensed professional mental health
counselors and marriage and family therapists of the
Department--
(A) how many such counselors and therapists are currently
enrolled in the mental health professionals trainee program
of the Department;
(B) how many such counselors and therapists are expected to
enroll in the mental health professionals trainee program of
the Department during the 180-day period beginning on the
date of the submittal of the report;
(C) a description of the eligibility criteria for such
counselors and therapists as compared to other behavioral
health professions in the Department;
(D) a description of the objectives, goals, and timing of
the Department with respect to increasing the representation
of such counselors and therapists in the behavioral health
workforce of the Department; and
(E) a description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to create an occupational series for such
counselors and therapists and a timeline for the creation of
such an occupational series.
(2) A breakdown of spending by the Department in connection
with the education debt reduction program of the Department
under subchapter VII of chapter 76 of title 38, United States
Code, including--
[[Page S7950]]
(A) 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 payments;
(B) a description of how the Department prioritizes such
spending by medical profession, 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
Administration; and
(C) 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 Department,
including efforts to more consistently include eligibility
for the education debt reduction program in vacancy
announcements of positions for health care providers at the
Department.
(3) 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 impediments,
including with respect to--
(A) restrictions under Federal or State laws;
(B) licensing or credentialing issues for health care
providers, including non-Department health care providers,
practicing telemedicine with a veteran located in a different
State;
(C) the effect of limited broadband access or limited
information technology capabilities on the delivery of health
care;
(D) the distance a veteran is required to travel to access
a facility or clinic with telemedicine capabilities;
(E) the effect on the provision of telemedicine services to
veterans of policies of and limited liability protection for
certain entities; and
(F) issues relating to reimbursement and travel limitations
for veterans that affect the participation of non-Department
health care providers in the telemedicine program.
(4) 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
telemedicine, consistent with medical residency program
requirements established by the Accreditation Council for
Graduate Medical Education, as required in section 108(b) of
the Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012 (Public Law 112-154; 38 U.S.C. 7406
note).
(5) 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 180 days, including the
development of an enterprise position management system to
more effectively identify, track, and resolve such vacancies.
(6) A description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to address any impediments to the timely
appointment and determination of qualifications for Directors
of Veterans Integrated Service Networks and Medical Directors
of the Department.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
SEC. 201. PARTICIPATION OF VETERANS SERVICE ORGANIZATIONS IN
TRANSITION ASSISTANCE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, in collaboration with the Secretary
of Labor, the Secretary of Homeland Security, and the
Secretary of Veterans Affairs, should establish a process by
which a representative of a veterans service organization may
be present at any portion of the program carried out under
section 1144 of title 10, United States Code, relating to the
submittal of claims to the Secretary of Veterans Affairs for
compensation under chapter 11 or 13 of title 38, United
States Code.
(b) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on participation of veterans
service organizations in the program carried out under
section 1144 of title 10, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) 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 23, 2014.
(B) The number of military bases that have complied with
such directives.
(C) How many veterans service organizations have been
present at a portion of a program as described in subsection
(a).
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38.
SEC. 202. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS
PUBLISH THE AVERAGE TIME REQUIRED TO ADJUDICATE
TIMELY AND UNTIMELY APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of
Veterans Affairs shall make available to the public the
following:
(A) The average length of time to adjudicate a timely
appeal.
(B) The average length of time to adjudicate an untimely
appeal.
(2) Effective date.--Paragraph (1) 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 Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of
the enactment of this Act, 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 (a)(1) has had an effect on the number of timely
appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and timely appeals that were
filed during the one-year period ending on the effective date
specified in subsection (a)(2).
(B) 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
(a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of
disagreement filed pursuant to section 7105(a) of title 38,
United States Code, 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
Affairs.
(2) Timely.--The term ``timely'' with respect to an appeal
means that the notice of disagreement was filed not more than
180 days after the date of mailing of the notice of the
result of the initial review or determination described in
paragraph (1).
(3) Untimely.--The term ``untimely'' with respect to an
appeal means the notice of disagreement was filed more than
180 days after the date of mailing of the notice of the
result of the initial review or determination described in
paragraph (1).
SEC. 203. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS
BEFORE BOARD OF VETERANS' APPEALS.
(a) In General.--Section 7107 of title 38, United States
Code, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (d) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections (d) and (e):
``(d)(1) Subject to paragraph (2), a hearing before the
Board shall be conducted, as the Board considers
appropriate--
``(A) in person; or
``(B) through picture and voice transmission, by electronic
or other means, in such manner that the appellant is not
present in the same location as the member or members of the
Board during the hearing.
``(2) Upon request by an appellant, a hearing before the
Board shall be conducted, as the appellant considers
appropriate--
``(A) in person; or
``(B) through picture and voice transmission as described
in paragraph (1)(B).
``(e)(1) In a case in which a hearing before the Board is
to be conducted through picture and voice transmission as
described in subsection (d)(1)(B), the Secretary shall
provide suitable facilities and equipment to the Board or
other components of the Department to enable an appellant
located at an appropriate facility within the area served by
a regional office to participate as so described.
``(2) Any hearing conducted through picture and voice
transmission as described in subsection (d)(1)(B) shall be
conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing.''; and
(4) in subsection (f)(1), as redesignated by paragraph (2),
by striking ``An appellant may request'' and all that follows
through ``office of the Department'' and inserting ``In a
case in which a hearing before the Board is to be conducted
in person, the hearing shall be held at the principal
location of the Board or at a facility of the Department
located within the area served by a regional office of the
Department''.
(b) Conforming Amendment.--Subsection (a)(1) of such
section is amended by striking ``in subsection (f)'' and
inserting ``in subsection (g)''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to cases received by the Board of
Veterans' Appeals pursuant to notices of disagreement
submitted on or after the date of the enactment of this Act.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
SEC. 211. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING
PERFORMANCE OF REGIONAL OFFICES OF VETERANS
BENEFITS ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the
effective date specified in subsection (e), 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 compensation.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) An identification of the following:
[[Page S7951]]
(A) The factors, including management practices, that
distinguish higher performing regional offices from other
regional offices with respect to claims for disability
compensation.
(B) The best practices employed by higher performing
regional offices that distinguish the performance of such
offices from other regional offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve the
performance of regional offices.
(2) 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
Congress.
(c) Report.--Not later than 15 months after the effective
date specified in subsection (e), 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 (a).
(d) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
(e) Effective Date.--This section shall take effect on the
date that is 270 days after the date of the enactment of this
Act.
SEC. 212. INCLUSION IN ANNUAL BUDGET SUBMISSION OF
INFORMATION ON CAPACITY OF VETERANS BENEFITS
ADMINISTRATION TO PROCESS BENEFITS CLAIMS.
(a) In General.--Along with the supporting information
included in the budget submitted to Congress by the President
pursuant to section 1105(a) of title 31, United States Code,
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 Affairs, including information described in
subsection (b), during the fiscal year covered by the budget
with which the information is submitted.
(b) Information Described.--The information described in
this subsection is the following:
(1) An estimate of the average number of claims for
benefits under the laws administered by the Secretary,
excluding such claims completed during mandatory overtime,
that a single full-time equivalent employee of the
Administration can process in a year, based on the following:
(A) A time and motion study that the Secretary shall
conduct on the processing of such claims.
(B) Such other information relating to such claims as the
Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the
Secretary under paragraph (2) in the previous year and an
identification of the effects of those actions.
(c) Effective Date.--This section shall apply with respect
to any budget submitted as described in subsection (a) with
respect to any fiscal year after fiscal year 2017.
SEC. 213. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF
DEPARTMENT OF VETERANS AFFAIRS AFTER TRANSITION
TO NATIONAL WORK QUEUE.
Not later than 15 months after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a 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 workload.
SEC. 214. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS
BENEFITS MANAGEMENT SYSTEM.
(a) In General.--Not later than each of one year, two
years, and three years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the progress of the Secretary in
implementing the Veterans Benefits Management System.
(b) Contents.--Each report required by subsection (a) shall
include the following:
(1) An assessment of the current functionality of the
Veterans Benefits Management System.
(2) 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 Secretary, including veterans service representatives,
rating veterans service representatives, and decision review
officers, for such legislative or administrative action as
the employees consider appropriate to improve the processing
of such claims.
(3) 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 system.
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
SEC. 215. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS TO
REDUCE INVENTORY OF NON-RATING WORKLOAD.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a 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 130, 137,
173, 290, 400, 600, 607, 690, 930, and 960.
SEC. 216. 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 following:
(1) With respect to each regional office of the Department
of Veterans Affairs, the following:
(A) The number of fully developed claims for benefits under
the laws administered by the Secretary that have been
received.
(B) The number of claims described in subparagraph (A) that
are pending a decision.
(C) The number of claims described in subparagraph (A) that
have been pending a decision for more than 125 days.
(2) Enhanced information on appeals of decisions relating
to claims for benefits under the laws administered by the
Secretary that are pending, including information contained
in the reports of the Department entitled ``Appeals Pending''
and ``Appeals Workload By Station''.
Subtitle C--Other Benefits Matters
SEC. 221. MODIFICATION OF PILOT PROGRAM FOR USE OF CONTRACT
PHYSICIANS FOR DISABILITY EXAMINATIONS.
Section 504 of the Veterans' Benefits Improvement Act of
1996 (Public Law 104-275; 38 U.S.C. 5101 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (a) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current license to practice the health care
profession of the physician; and
``(B) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
SEC. 222. DEVELOPMENT OF PROCEDURES TO INCREASE COOPERATION
WITH NATIONAL GUARD BUREAU.
(a) In General.--The Secretary of Veterans Affairs and the
Chief of the National Guard Bureau shall jointly develop and
implement procedures, including requirements relating to
timeliness, to improve the timely provision to the Secretary
of such information in the possession of the Chief as the
Secretary requires to process claims submitted to the
Secretary for benefits under the laws administered by the
Secretary.
(b) Report.--Not later than one year after the
implementation of the procedures under subsection (a), the
Secretary and the Chief shall jointly submit to Congress a
report describing--
(1) the requests for information relating to records of
members of the National Guard made by the Secretary to the
Chief pursuant to such procedures; and
(2) the timeliness of the responses of the Chief to such
requests.
SEC. 223. REVIEW OF DETERMINATION OF CERTAIN SERVICE IN
PHILIPPINES DURING WORLD WAR II.
(a) In General.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and such military
historians as the Secretary of Defense recommends, shall
review the process used to determine whether a covered
individual served in support of the Armed Forces of the
United States during World War II in accordance with section
1002(d) of title X of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 38 U.S.C. 107
note) for purposes of determining whether such covered
individual is eligible for payments described in such
section.
(b) Covered Individuals.--In this section, a covered
individual is any individual who timely submitted a claim for
benefits under subsection (c) of section 1002 of title X of
Division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 38 U.S.C. 107 note) based on service
as described in subsection (d) of that section.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to
[[Page S7952]]
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report detailing any findings, actions
taken, or recommendations for legislative action with respect
to the review conducted under subsection (a).
(d) Prohibition on Benefits for Disqualifying Conduct Under
New Process Pursuant to Review.--If pursuant to the review
conducted under subsection (a) the Secretary of Veterans
Affairs determines to establish a new process for the making
of payments as described in that subsection, the process
shall include mechanisms to ensure that individuals are not
treated as covered individuals for purposes of such payments
if such individuals engaged in any disqualifying conduct
during service described in that subsection, including
collaboration with the enemy or criminal conduct.
SEC. 224. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION
RELATING TO CLAIMS FOR DISABILITIES INCURRED OR
AGGRAVATED BY MILITARY SEXUAL TRAUMA.
(a) 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 year, including the information specified
in subsection (b).
(b) Elements.--The information specified in this subsection
with respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered
by the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number
and percentage of such claims--
(A) submitted by each gender;
(B) that were approved, including the number and percentage
of such approved claims submitted by each gender; and
(C) that were denied, including the number and percentage
of such denied claims submitted by each gender.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each gender,
of claims assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the Secretary
under section 5104(b)(1) of title 38, United States Code, for
such denials; and
(B) the number of denials that were based on the failure of
a veteran to report for a medical examination.
(5) Of the covered claims under paragraph (1) that were
resubmitted to the Secretary after denial in a previous
adjudication--
(A) the number of such claims submitted to or considered by
the Secretary during such fiscal year;
(B) the number and percentage of such claims--
(i) submitted by each gender;
(ii) that were approved, including the number and
percentage of such approved claims submitted by each gender;
and
(iii) that were denied, including the number and percentage
of such denied claims submitted by each gender;
(C) the number and percentage, listed by each gender, of
claims assigned to each rating percentage of disability; and
(D) of such claims that were again denied--
(i) the three most common reasons given by the Secretary
under section 5104(b)(1) of such title for such denials; and
(ii) the number of denials that were based on the failure
of a veteran to report for a medical examination.
(6) The number of covered claims that, as of the end of
such fiscal year, are pending and, separately, the number of
such claims on appeal.
(7) The average number of days that covered claims take to
complete beginning on the date on which the claim is
submitted.
(c) Definitions.--In this section:
(1) 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 trauma.
(2) 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'' (as so specified).
TITLE III--EDUCATION MATTERS
SEC. 301. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
DURING CERTAIN ADDITIONAL PERIODS OF ACTIVE
DUTY.
(a) Educational Assistance Allowance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended
by striking ``or 12304'' and inserting ``12304, 12304a, or
12304b''.
(b) Expiration Date.--Section 16133(b)(4) of such title is
amended by striking ``or 12304'' and inserting ``12304,
12304a, or 12304b''.
SEC. 302. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 33 of title 38, United States
Code, is amended--
(1) in subsection 3325(c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the information received by the Secretary under
section 3326 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3326. Report on student progress
``As a condition on approval under chapter 36 of this title
of a course offered by an educational institution (as defined
in section 3452 of this title), each year, each educational
institution (as so defined) 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 require.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3326. Report on student progress.''.
(c) 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 Act.
SEC. 303. SECRETARY OF DEFENSE REPORT ON LEVEL OF EDUCATION
ATTAINED BY THOSE WHO TRANSFER ENTITLEMENT TO
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3325(b)(1) of title 38, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon; and
(2) by adding at the end the following new subparagraph:
``(D) indicating the highest level of education attained by
each individual who transfers a portion of the individual's
entitlement to educational assistance under section 3319 of
this title; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 304. REPORTS ON EDUCATIONAL LEVELS ATTAINED BY CERTAIN
MEMBERS OF THE ARMED FORCES AT TIME OF
SEPARATION FROM THE ARMED FORCES.
(a) Annual Reports Required.--Each Secretary concerned
shall submit to Congress each year a report on the
educational levels attained by members of the Armed Forces
described in subsection (b) under the jurisdiction of such
Secretary who separated from the Armed Forces during the
preceding year.
(b) Covered Members.--The members of the Armed Forces
described in this subsection are members of the Armed Forces
who transferred unused education benefits to family members
pursuant to section 3319 of title 38, United States Code,
while serving as members of the Armed Forces.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 38, United States Code.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
SEC. 401. REQUIRED COORDINATION BETWEEN DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING WITH STATE
DEPARTMENTS OF LABOR AND VETERANS AFFAIRS.
(a) In General.--Section 4103 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(c) 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 affairs.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 402. REPORT ON JOB FAIRS ATTENDED BY ONE-STOP CAREER
CENTER EMPLOYEES AT WHICH SUCH EMPLOYEES
ENCOUNTER VETERANS.
(a) In General.--Section 136(d)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2871(d)(1)) is amended by
adding at the end the following new sentence: ``The report
also shall include information, for the year preceding the
year the report is submitted, on the number of job fairs
attended by One-Stop Career Center employees at which the
employees had contact with a veteran, and the number of
veterans contacted at each such job fair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 403. REVIEW OF CHALLENGES FACED BY EMPLOYERS SEEKING TO
HIRE VETERANS AND SHARING OF INFORMATION AMONG
FEDERAL AGENCIES THAT SERVE VETERANS.
(a) Review.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Defense and the Secretary of Veterans
Affairs, shall conduct a review of--
(A) the challenges faced by employers seeking to hire
veterans; and
(B) information sharing among Federal departments and
agencies that serve veterans and members of the Armed Forces
who are separating from service.
(2) Matters reviewed.--In conducting the review required by
paragraph (1), the Secretary of Labor shall examine the
following:
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(A) The barriers employers face in gaining information
identifying veterans who are seeking jobs.
(B) The extent and quality of information sharing among
Federal departments and agencies that serve veterans and
members of the Armed Forces who are separating from service,
including how the departments and agencies may more easily
connect employers with such veterans and members.
(b) Report.--
(1) In general.--Not later than 120 days after the
effective date specified in subsection (c), the Secretary of
Labor shall submit to the appropriate committees of Congress
a report on the review conducted under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for addressing the barriers described
in subsection (a)(2)(A).
(B) Recommendations for improving information sharing
described in subsection (a)(2)(B).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(c) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 404. REVIEW OF TRANSITION GPS PROGRAM CORE CURRICULUM.
(a) Review.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Labor, shall conduct a review of the Department of Defense
Transition GPS Program Core Curriculum in effect on the date
of the enactment of this Act.
(2) Matters reviewed.--The review shall examine the
following:
(A) The Department of Defense Transition GPS Program Core
Curriculum in effect on the date of the enactment of this
Act.
(B) The roles and responsibilities of each Federal
department participating in the Transition GPS Program and
whether the various roles and responsibilities of the Federal
departments are adequately aligned with one another.
(C) The allotment of time spent on issues under the
jurisdiction of each Federal department participating in the
Transition GPS Program and whether the allotment is adequate
to provide members of the Armed Forces with all the
information the members need regarding important benefits
that can assist members in transitioning out of military
service.
(D) Whether any of the information in the three optional
tracks in the Transition GPS Program Core Curriculum should
be addressed more appropriately in mandatory tracks rather
than optional tracks.
(E) The benefits of and obstacles to establishing--
(i) a standard implementation plan of long-term outcome
measures for the Transition GPS Program; and
(ii) a comprehensive system of metrics for such measures.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs and the
Secretary of Labor, shall submit to the appropriate
committees of Congress a report on the review conducted under
subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for improving the Department of Defense
Transition GPS Program Core Curriculum in order to more
accurately address the needs of members of the Armed Forces
transitioning out of military service.
(B) Recommendations for improving the roles and
responsibilities described in subsection (a)(2)(B).
(C) Recommendations for improving the allotment of time
described in subsection (a)(2)(C).
(D) Such recommendations as the Secretary of Defense may
have regarding the optional and mandatory tracks in the
Transition GPS Program Core Curriculum.
(E) Such recommendations as the Secretary of Defense may
have with respect to the outcome measures and metrics
described in subsection (a)(2)(E).
(F) Identification of such other areas of concern as the
Secretary of Defense may have with respect to the Transition
GPS Program and such recommendations for legislative or
administrative action as the Secretary may have to address
such concerns.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 405. MODIFICATION OF REQUIREMENT FOR PROVISION OF
PRESEPARATION COUNSELING.
(a) Clarification of Requirement for 180 Continuous Days of
Active Duty Service.--Subparagraph (A) of section 1142(a)(4)
of title 10, United States Code, is amended by inserting
``continuous'' before ``180 days''.
(b) Exclusion of Training From Periods of Active Duty.--
Such section is further amended by adding at the end the
following new subparagraph:
``(C) For purposes of subparagraph (A), the term `active
duty' does not include full-time training duty, annual
training duty, and attendance, while in the active military
service, at a school designated as a service school by law or
by the Secretary concerned.''.
TITLE V--VETERAN SMALL BUSINESS MATTERS
SEC. 501. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS
AND PREFERENCES OF DEPARTMENT OF VETERANS
AFFAIRS FOR SMALL BUSINESSES OWNED BY VETERANS
OF SMALL BUSINESSES AFTER DEATH OF DISABLED
VETERAN OWNERS.
(a) In General.--Section 8127(h) of title 38, United States
Code, is amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a veteran with a
service-connected disability rated as 100 percent disabling
or who dies as a result of a service-connected disability, is
10 years after the date of the veteran's death; or
``(ii) in the case of a surviving spouse of a veteran with
a service-connected disability rated as less than 100 percent
disabling who does not die as a result of a service-connected
disability, is three years after the date of the veteran's
death.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act and shall apply with respect to
applications received pursuant to section 8127(f)(2) of title
38, United States Code, that are verified on or after such
date.
SEC. 502. TREATMENT OF BUSINESSES AFTER DEATHS OF
SERVICEMEMBER-OWNERS FOR PURPOSES OF DEPARTMENT
OF VETERANS AFFAIRS CONTRACTING GOALS AND
PREFERENCES.
(a) In General.--Section 8127 of title 38, United States
Code, is amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Treatment of Businesses After Death of Servicemember-
owner.--(1) If a member of the Armed Forces owns at least 51
percent of a small business concern and such member is killed
in line of duty in the active military, naval, or air
service, the surviving spouse or dependent child of such
member who acquires such ownership rights in such small
business concern shall, for the period described in paragraph
(2), be treated as if the surviving spouse or dependent child
were a veteran with a service-connected disability for
purposes of determining the status of the small business
concern as a small business concern owned and controlled by
veterans for purposes of contracting goals and preferences
under this section.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the member of the Armed Forces
dies and ending on the date as follows:
``(A) In the case of a surviving spouse, the earliest of
the following dates:
``(i) The date on which the surviving spouse remarries.
``(ii) The date on which the surviving spouse relinquishes
an ownership interest in the small business concern and no
longer owns at least 51 percent of such small business
concern.
``(iii) The date that is ten years after the date of the
member's death.
``(B) In the case of a dependent child, the earliest of the
following dates:
``(i) The date on which the surviving dependent child
relinquishes an ownership interest in the small business
concern and no longer owns at least 51 percent of such small
business concern.
``(ii) The date that is ten years after the date of the
member's death.''.
(b) Effective Date.--Subsection (i) of section 8127 of such
title, as added by subsection (a), shall take effect on the
date of the enactment of this Act and shall apply with
respect to the deaths of members of the Armed Forces
occurring on or after such date.
TITLE VI--BURIAL MATTERS
SEC. 601. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS
RELATING TO BURIAL OF UNCLAIMED REMAINS OF
VETERANS IN NATIONAL CEMETERIES.
(a) Study and Report Required.--Not later than one year
after the effective date specified in subsection (d), the
Secretary of Veterans Affairs shall--
(1) complete a study on matters relating to the interring
of unclaimed remains of veterans in national cemeteries under
the control of the National Cemetery Administration; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection
(a)(1) shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
[[Page S7954]]
(2) 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
Administration.
(3) 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 Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number
of unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as
the Secretary considers appropriate, including a subset of
funeral homes and coroner offices that possess unclaimed
veterans remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), 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 laws.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
TITLE VII--OTHER MATTERS
SEC. 701. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED
SERVICE IN THE RESERVE COMPONENTS OF THE ARMED
FORCES.
Any person who is entitled under chapter 1223 of title 10,
United States Code, to retired pay for nonregular service or,
but for age, 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 honor.
SEC. 702. REPORT ON LAOTIAN MILITARY SUPPORT OF ARMED FORCES
OF THE UNITED STATES DURING VIETNAM WAR.
(a) In General.--Not later than one year after the
effective date specified in subsection (c), the Secretary of
Veterans Affairs, in consultation with the Secretary of
Defense and such agencies and individuals as the Secretary of
Veterans Affairs considers appropriate, shall submit to the
appropriate committees of Congress a report on--
(1) the extent to which Laotian military forces provided
combat support to the Armed Forces of the United States
between February 28, 1961, and May 15, 1975;
(2) whether the current classification by the Civilian/
Military Service Review Board of the Department of Defense of
service by individuals of Hmong ethnicity is appropriate; and
(3) such recommendations as the Secretary of Veterans
Affairs may have for legislative action.
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(c) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 703. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.
(a) In General.--During the 10-year period beginning on
September 26, 2015, the second sentence of subsection (c) of
section 3684 of title 38, United States Code, shall be
applied--
(1) by substituting ``$8'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(b) Conforming Amendment.--Section 406 of the Department of
Veterans Affairs Expiring Authorities Act of 2014 (Public Law
113-175; 38 U.S.C. 3684 note), as amended by section 410 of
the Department of Veterans Affairs Expiring Authorities Act
of 2015 (Public Law 114-58), is hereby repealed.
The title amendment was agreed to, as follows:
Amend the title so as to read: ``A bill to amend title 38,
United States Code, to improve the furnishing of health care
to veterans by the Department of Veterans Affairs, to improve
the processing by the Department of claims for disability
compensation, and for other purposes.''.
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