[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[House]
[Pages H603-H614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS EMPLOYMENT, EDUCATION, AND HEALTHCARE IMPROVEMENT ACT
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3016) to amend title 38, United States Code, to
clarify the role of podiatrists in the Department of Veterans Affairs,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3016
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 ``Veterans
Employment, Education, and Healthcare Improvement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--VETERANS HEALTH CARE
Sec. 101. Role of podiatrists in Department of Veterans Affairs.
Sec. 102. Priority of medal of honor recipients in health care system
of Department of Veterans Affairs.
Sec. 103. Improvement of care provided to newborn children.
Sec. 104. Comptroller General audit of budget of Veterans Health
Administration.
Sec. 105. Outreach to veterans regarding effect of certain delayed
payments by Department of Veterans Affairs Chief Business
Office.
Sec. 106. Department of Veterans Affairs pilot program on dog training
therapy.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
Sec. 201. Establishment of Veterans Economic Opportunity and Transition
Administration.
Sec. 202. Under Secretary for Veterans Economic Opportunity and
Transition.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
Sec. 301. Modification and improvement of transfer of unused education
benefits to family members under Department of Veterans
Affairs Post-9/11 Educational Assistance Program.
Sec. 302. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 303. Approval of courses of education and training for purposes of
the vocational rehabilitation program of the Department
of Veterans Affairs.
Sec. 304. Authority to prioritize vocational rehabilitation services
based on need.
Sec. 305. Recodification and improvement of election process for Post-
9/11 Educational Assistance Program.
Sec. 306. Clarification of assistance provided for certain flight
training and other programs of education.
Sec. 307. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty for purposes of
eligibility for post-9/11 educational assistance.
Sec. 308. Work-study allowance.
Sec. 309. Vocational rehabilitation and education action plan.
Sec. 310. Reduction in redundancy and inefficiencies in vocational
rehabilitation claims processing.
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
Sec. 401. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational
institutions.
Sec. 402. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 403. Role of State approving agencies.
Sec. 404. Criteria used to approve courses.
Sec. 405. Compliance surveys.
[[Page H604]]
Sec. 406. Survey of individuals using their entitlement to educational
assistance under the educational assistance programs
administered by the Secretary of Veterans Affairs.
Sec. 407. Improvement of information technology of the Veterans
Benefits Administration of the Department of Veterans
Affairs.
Sec. 408. Technical amendment relating to in-State tuition rate for
individuals to whom entitlement is transferred under All-
Volunteer Force Educational Assistance Program and Post-
9/11 Educational Assistance.
TITLE V--OTHER MATTERS
Sec. 501. Amount of loan guaranteed under home loan program of
Department of Veterans Affairs.
Sec. 502. Longitudinal study of job counseling, training, and placement
service for veterans.
Sec. 503. Limitations on subcontracts under contracts with small
business concerns owned and controlled by veterans.
Sec. 504. Procedures for provision of certain information to State
veterans agencies to facilitate the furnishing of
assistance and benefits to veterans.
TITLE I--VETERANS HEALTH CARE
SEC. 101. ROLE OF PODIATRISTS IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) Inclusion as Physician.--
(1) In general.--Subchapter I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7413. Treatment of podiatrists
``For purposes of this chapter, the term `physician'
includes a podiatrist.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7412 the following new item:
``7413. Treatment of podiatrists.''.
(3) Conforming amendment.--Section 7401(1) of such title is
amended by striking ``Physicians, dentists, podiatrists,''
and inserting ``Physicians, dentists,''.
(b) Qualifications.--Section 7402(b) of such title is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or of doctor of
osteopathy'' and inserting ``, doctor of osteopathy, or
doctor of podiatric medicine''; and
(B) in subparagraph (C), by inserting ``podiatry,'' after
``surgery,'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) through (14) as
paragraphs (5) through (13), respectively.
(c) Period of Appointment.--Section 7403(a)(2) of such
title is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively.
(d) Modification of Pay Grade.--
(1) Grade.--The list in section 7404(b) of such title is
amended by striking ``CLINICAL PODIATRIST, CHIROPRACTOR, AND
OPTOMETRIST SCHEDULE'' and inserting ``CLINICAL CHIROPRACTOR
AND OPTOMETRIST SCHEDULE''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to a pay period of the Department of
Veterans Affairs beginning on or after the date that is 30
days after the date of the enactment of this Act.
(e) Contracts for Scarce Services.--Section 7409(a) of such
title is amended by striking ``podiatrists,''.
(f) Personnel Administration.--Section 7421(b) of such
title is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(g) Medical Directors.--Section 7306(a)(4) of such title is
amended by inserting ``, doctor of podiatric medicine,''
after ``doctor of medicine''.
(h) Application.--The amendments made by this section shall
apply with respect to podiatrists employed by the Department
of Veterans Affairs as of the date of the enactment of this
Act or who are appointed on or after such date.
SEC. 102. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH
CARE SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Enrollment Priority.--Section 1705(a) of title 38,
United States Code, is amended--
(1) in paragraph (1), by striking the period at the end and
inserting the following: ``and veterans who were awarded the
medal of honor under section 3741, 6241, or 8741 of title 10
or section 491 of title 14.''; and
(2) in paragraph (3), by striking ``veterans who were
awarded the medal of honor under section 3741, 6241, or 8741
of title 10 or section 491 of title 14,''.
(b) Eligibility.--Section 1710(a)(2)(D) of such title is
amended by inserting after ``war'' the following: ``, who was
awarded the medal of honor under section 3741, 6241, or 8741
of title 10 or section 491 of title 14,''.
(c) Extended Care Services.--Section 1710B(c)(2) of such
title is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of
title 14.''.
(d) Copayment for Medications.--Section 1722A(a)(3) of such
title is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of
title 14.''.
(e) Application.--The priority of enrollment of medal of
honor recipients pursuant to chapter 17 of title 38, United
States Code, as amended by this section, shall apply to each
such recipient, regardless of the date on which the medal is
awarded.
SEC. 103. IMPROVEMENT OF CARE PROVIDED TO NEWBORN CHILDREN.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``seven days'' and
inserting ``42 days''; and
(2) by adding at the end the following new subsection:
``(c) Annual Report.--Not later than October 31, 2016, and
each year thereafter through 2020, the Secretary shall submit
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the health care
services provided under subsection (a) during the fiscal year
preceding the date of the report, including the number of
newborn children who received such services during such
fiscal year.''.
SEC. 104. COMPTROLLER GENERAL AUDIT OF BUDGET OF VETERANS
HEALTH ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7330B. Comptroller General audit of VHA budget
``(a) In General.--The Comptroller General of the United
States shall periodically conduct an audit of elements of the
budget of the Veterans Health Administration, including the
budget formulation, execution, allocation, and use of funds.
``(b) Selection of Elements.--(1) In selecting elements of
the budget of the Veterans Health Administration for purposes
of an audit under subsection (a), the Comptroller General
shall take into consideration--
``(A) knowledge of the programs of the Veterans Health
Administration;
``(B) current issues;
``(C) national priorities; and
``(D) priorities expressed by the appropriate congressional
committees.
``(2) Not later than 30 days before conducting an audit
under subsection (a), the Comptroller General shall submit to
the appropriate congressional committees notice of the
elements selected by the Comptroller General for purposes of
the audit.
``(c) Appropriate Congressional Committees.--In this
section, the term `appropriate congressional committees'
means--
``(1) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the
Senate; and
``(2) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7330A the following new item:
``7330B. Comptroller General audit of VHA budget.''.
SEC. 105. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN
DELAYED PAYMENTS BY DEPARTMENT OF VETERANS
AFFAIRS CHIEF BUSINESS OFFICE.
(a) Outreach.--The Secretary of Veterans Affairs shall
conduct outreach, including through national and local
veterans service organizations, to inform veterans of how to
resolve credit issues caused by delayed payment of a claim
for emergency hospital care, medical services, or other
emergency health care furnished through a non-Department of
Veterans Affairs provider. The Secretary shall establish a
toll-free telephone number for veterans to report such credit
issues to the Chief Business Office of the Department of
Veterans Affairs.
(b) Annual Report.--
(1) In general.--During the five-year period beginning on
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall annually submit to Congress a report
on the effectiveness of the Chief Business Office in
providing timely payment of proper invoices for emergency
hospital care, medical services, or other emergency health
care furnished through non-Department of Veterans Affairs
providers by the required payment date during both the five-
year period preceding the date of the report and the one-year
period preceding such date. For any part of the period
covered by a report under this subsection that occurred
before October 1, 2014, the report shall evaluate the
provision of such payments by the Veterans Integrated Service
Networks.
(2) Matters included.--The reports under paragraph (1)
shall include, for each period covered by the report, the
following:
(A) The number of veterans who contacted the Secretary
regarding a delayed payment that negatively affected, or will
potentially negatively affect, the credit of the veteran.
(B) The total amount of interest penalties paid by the
Secretary of Veterans Affairs
[[Page H605]]
under section 3902 of title 31, United States Code, by reason
of a delayed payment.
(C) The number of proper invoices submitted, listed in a
table for each quarter and fiscal year of each such period
that includes--
(i) the total amount owed by the Secretary under the proper
invoices;
(ii) the payment status of each proper invoice, as of the
date of the report; and
(iii) the period that elapsed until each proper invoice was
paid, including an explanation of any delayed payment.
(D) Any comments regarding delayed payments made by medical
providers.
(E) A description of the best practices that the Chief
Business Office can carry out to provide timely payment of a
proper invoice, including a plan to improve such timely
payments.
(c) Quarterly Reports on Pending Claims.--During the five-
year period beginning on the date of the enactment of this
Act, the Chief Business Office of the Department of Veterans
Affairs shall submit to Congress quarterly reports on the
number of pending claims for reimbursement for emergency
hospital care, medical services, and other emergency health
care furnished through non-Department of Veterans Affairs
providers. Each such report shall include each of the
following:
(1) The total number of such pending claims for each
hospital system of the Department, as of the last day of the
quarter covered by the report.
(2) The total number of veterans who submitted such a
pending claim in each State, as of such day.
(3) The aggregate amount of all such pending claims in each
State, as of such day.
(4) As of such day--
(A) the number of such pending claims that have been
pending for 30 days or longer;
(B) the number of such pending claims that have been
pending for 90 days or longer; and
(C) the number of such pending claims that have been
pending for 365 days or longer.
(5) For each hospital system, for the quarter covered by
the report--
(A) the number of claims for reimbursement for emergency
hospital care, medical services, and other emergency health
care furnished through non-Department of Veterans Affairs
providers approved during such quarter;
(B) the number of such claims denied during such quarter;
and
(C) the number of such claims denied listed by each denial
reason group.
(d) Comptroller General Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that evaluates the effectiveness
of the Chief Business Office in providing timely payment of a
proper invoice for emergency hospital care, medical services,
or other emergency health care furnished through non-
Department of Veterans Affairs providers by the required
payment date.
(2) Submittal.--The Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
including the total amount of interest penalties paid by the
Secretary of Veterans Affairs under section 3902 of title 31,
United States Code, by reason of a delayed payment.
(e) Definitions.--In this section:
(1) The term ``delayed payment'' means a proper invoice
that is not paid by the Secretary of Veterans Affairs until
after the required payment date.
(2) The term ``proper invoice'' has the meaning given that
term in section 3901(a) of title 31, United States Code.
(3) The term ``required payment date'' means the date that
payment is due for a contract pursuant to section 3903(a) of
title 31, United States Code.
SEC. 106. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG
TRAINING THERAPY.
(a) In General.--Commencing not later than 120 days after
the date of the enactment of the Act, the Secretary of
Veterans Affairs shall carry out a pilot program under which
the Secretary shall enter into a contract with one or more
appropriate non-government entities for the purpose of
assessing the effectiveness of addressing post-deployment
mental health and post-traumatic stress disorder symptoms
through a therapeutic medium of training service dogs for
veterans with disabilities.
(b) Duration of Pilot Program.--The pilot program required
by subsection (a) shall be carried out during the five-year
period beginning on the date of the commencement of the pilot
program.
(c) Locations of Pilot Program.--In entering into contracts
for purposes of the pilot program, the Secretary shall seek
to enter into contracts with appropriate non-government
entities located in close proximity to at least three but not
more than five medical centers of the Department.
(d) Appropriate Non-Government Entities.--For purposes of
the pilot program, an appropriate non-government entity is an
entity that is certified in the training and handling of
service dogs and that has a training area that would be
appropriate for use in educating veterans with mental health
conditions in the art and science of service dog training and
handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(e) Design of Pilot Program.--Each contract entered into
under subsection (a) shall provide that the non-government
entity shall--
(1) ensure that veterans participating in the program
receive training from certified service dog training
instructors;
(2) ensure that in selecting assistance dogs for use in the
program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all
dogs used in the program have adequate temperament and health
clearances;
(3) ensure that each service dog in training participating
in the pilot program is taught all essential commands
pertaining to service dog skills;
(4) ensure that each service dog in training lives at the
pilot program site or a volunteer foster home in the vicinity
of such site while receiving training;
(5) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(6) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans with
disabilities; and
(7) in hiring service dog training instructors to carry out
training under the pilot program, give a preference to
veterans who have successfully graduated from post-traumatic
stress disorder or other residential treatment programs and
who have received adequate certification in service dog
training.
(f) Administration.--In order to carry out the pilot
program under section (a), the Secretary of Veterans Affairs
shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with
sufficient administrative experience to oversee the pilot
program; and
(2) establish a director of service dog training with a
background working in social services, experience in teaching
others to train service dogs in a vocational setting, and at
least one year of experience working with veterans or active
duty service members with post-traumatic stress disorder in a
clinical setting.
(g) Veteran Eligibility.--The Secretary shall select
veterans for participation in the pilot program. A veteran
with post-traumatic stress disorder or other post-deployment
mental health condition may volunteer to participate in the
pilot program, if the Secretary determines that there are
adequate program resources available for such veteran at the
pilot program site. Veterans may participate in the pilot
program in conjunction with the compensated work therapy
program of the Department of Veterans Affairs.
(h) Collection of Data.--The Secretary shall collect data
on the pilot program required under subsection (a) to
determine how effective the program is for the veterans
participating in the program. Such data shall include data to
determine how effectively the program assists veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting
skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(i) Reports to Congress.--Not later than one year after the
date of the commencement of the pilot program under
subsection (a), and each year thereafter for the duration of
the pilot program, the Secretary shall submit to Congress a
report on the pilot program. Each such report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out under the
pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and post-
deployment adjustment difficulties, including depression,
maintenance of sobriety, suicidal ideations, and
homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well-being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
[[Page H606]]
(j) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who
provides the direct training of veterans with post-traumatic
stress disorder and other post-deployment issues in the art
and science of service dog training and handling.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
SEC. 201. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND
TRANSITION ADMINISTRATION.
(a) Veterans Economic Opportunity and Transition
Administration.--
(1) In general.--Part V of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION
``Sec.
``8001. Organization of Administration.
``8002. Functions of Administration.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity and Transition
Administration.--There is in the Department of Veterans
Affairs a Veterans Economic Opportunity and Transition
Administration. The primary function of the Veterans Economic
Opportunity and Transition Administration is the
administration of the programs of the Department that provide
assistance related to economic opportunity to veterans and
their dependents and survivors.
``(b) Under Secretary for Economic Opportunity and
Transition.--The Veterans Economic Opportunity and Transition
Administration is under the Under Secretary for Veterans
Economic Opportunity and Transition, who is directly
responsible to the Secretary for the operations of the
Administration.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity and Transition
Administration is responsible for the administration of the
following programs of the Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of section
8127 of this title, including the administration of the
database of veteran-owned businesses described in such
subsection.
``(5) The Transition Assistance Program under section 1144
of title 10.
``(6) Any other program of the Department that the
Secretary determines appropriate.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and of part V of
title 38, United States Code, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity and Transition Administ8001''.....
(b) Effective Date.--Chapter 80 of title 38, United States
Code, as added by subsection (a), shall take effect on
October 1, 2017.
(c) Full-Time Employees.--For fiscal years 2017 and 2018,
the total number of full-time equivalent employees authorized
for the Veterans Benefits Administration and the Veterans
Economic Opportunity and Transition Administration, as
established under chapter 80 of title 38, United States Code,
as added by subsection (a), may not exceed 21,913.
SEC. 202. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY
AND TRANSITION.
(a) Under Secretary.--
(1) In general.--Chapter 3 of title 38, United States Code,
is amended by inserting after section 306 the following new
section:
``Sec. 306A. Under Secretary for Veterans Economic
Opportunity and Transition
``(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity and Transition,
who is appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary for Veterans
Economic Opportunity and Transition shall be appointed
without regard to political affiliation or activity and
solely on the basis of demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity and Transition Administration or
programs of similar content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans
Economic Opportunity and Transition is the head of, and is
directly responsible to the Secretary for the operations of,
the Veterans Economic Opportunity and Transition
Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of
Under Secretary for Veterans Economic Opportunity and
Transition occurs or is anticipated, the Secretary shall
establish a commission to recommend individuals to the
President for appointment to the position.
``(2) A commission established under this subsection shall
be composed of the following members appointed by the
Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity and
Transition Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity and transition programs of the
Department.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity and Transition,
if the Secretary determines that it is desirable for such
person to be a member of the commission.
``(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the
position of Under Secretary for Veterans Economic Opportunity
and Transition. The commission shall submit all
recommendations to the Secretary. The Secretary shall forward
the recommendations to the President and the Committees on
Veterans' Affairs of the Senate and House of Representatives
with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to
recommend additional individuals for appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary
of Veterans Affairs who performs personnel management and
labor relations functions shall serve as the executive
secretary of a commission established under this subsection.
``(d) Qualifications of Recommended Individuals.--Each
individual recommended to the President by the commission for
appointment to the position of Under Secretary for Veterans
Economic Opportunity and Transition shall be an individual
who has held a senior level position in the private sector
with responsibilities relating to at least one of the
following:
``(1) Education policy.
``(2) Vocational rehabilitation.
``(3) Employment.
``(4) Job placement.
``(5) Home loan finance.
``(6) Small business development.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity and
Transition.''.
(b) Conforming Amendments.--Title 38, United States Code,
is further amended--
(1) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F),
as subparagraphs (A) through (D), respectively;
(2) in section 317(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under
Secretary for Veterans Economic Opportunity and
Transition,'';
(3) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under
Secretary for Veterans Economic Opportunity and
Transition,'';
(4) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(5) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(6) in section 542(a)(2)(B)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health,
the Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(7) in section 544(a)(2)(B)(vi), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health,
the Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(8) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under
Secretary for Veterans Economic Opportunity and
Transition,'';
(9) in section 7701(a), by inserting after ``assistance''
the following: ``, other than assistance related to Economic
Opportunity and Transition,''; and
(10) in section 7703, by striking paragraphs (2) and (3)
and redesignating paragraphs (4) and (5) as paragraphs (2)
and (3), respectively.
(c) Effective Date.--Section 306A of title 38, United
States Code, as added by subsection (a), and the amendments
made by this section, shall take effect on October 1, 2017.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
SEC. 301. MODIFICATION AND IMPROVEMENT OF TRANSFER OF UNUSED
EDUCATION BENEFITS TO FAMILY MEMBERS UNDER
DEPARTMENT OF VETERANS AFFAIRS POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Rate of Payment.--Subsection (h)(3)(B) of section 3319
of title 38, United States Code, is amended by inserting
before the period at the end the following: ``, except that
the amount of the monthly stipend described in subsection
(c)(1)(B) or (g)(3)(A)(ii) of section 3313, as the case may
be, shall be payable in an amount equal to 50 percent of
[[Page H607]]
the amount of such stipend that would otherwise be payable
under this chapter to the individual making the transfer''.
(b) Applicability.--The amendment made by this section
shall apply with respect to an election to transfer
entitlement under section 3319 of title 38, United States
Code, that is made on or after the date that is 180 days
after the date of the enactment of this Act.
SEC. 302. CLARIFICATION OF ELIGIBILITY FOR MARINE GUNNERY
SERGEANT JOHN DAVID FRY SCHOLARSHIP.
(a) In General.--Section 701(d) of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
128 Stat. 1796; 38 U.S.C. 3311 note) is amended to read as
follows:
``(d) Applicability.--
``(1) In general.--The amendments made by this section
shall apply with respect to a quarter, semester, or term, as
applicable, commencing on or after January 1, 2015.
``(2) Deaths that occurred between september 11, 2001, and
december 31, 2005.--For purposes of section 3311(f)(2) of
title 38, United States Code, any member of the Armed Forces
who died during the period beginning on September 11, 2001,
and ending on December 31, 2005, is deemed to have died on
January 1, 2006.''.
(b) Election on Receipt of Certain Benefits.--Section
3311(f) of title 38, United States Code, is amended--
(1) in paragraph (3), by striking ``A surviving spouse''
and inserting ``Except as provided in paragraph (4), a
surviving spouse'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exception for certain elections.--
``(A) In general.--An election made under paragraph (3) by
a spouse described in subparagraph (B) may not be treated as
irrevocable if such election occurred before the date of the
enactment of this paragraph.
``(B) Eligible surviving spouse.--A spouse described in
this subparagraph is an individual--
``(i) who is entitled to assistance under subsection (a)
pursuant to paragraph (9) of subsection (b); and
``(ii) who was the spouse of a member of the Armed Forces
who died during the period beginning on September 11, 2001,
and ending on December 31, 2005.''.
(c) Technical Amendment.--Paragraph (5) of subsection (f)
of section 3311 of title 38, United States Code, as
redesignated by subsection (b)(2), is amended by striking
``that paragraph'' and inserting ``paragraph (9) of
subsection (b)''.
(d) Yellow Ribbon G.I. Education Enhancement Program.--
Section 3317(a) of such title is amended by striking
``paragraphs (1) and (2) of section 3311(b)'' and inserting
``paragraphs (1), (2), and (9) of section 3311(b) of this
title''.
SEC. 303. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR
PURPOSES OF THE VOCATIONAL REHABILITATION
PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States
Code, is amended by adding at the end the following new
sentence: ``To the maximum extent practicable, a course of
education or training may be pursued by a veteran as part of
a rehabilitation program under this chapter only if the
course is approved for purposes of chapter 30 or 33 of this
title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a course of education or training
pursued by a veteran who first begins a program of
rehabilitation under chapter 31 of title 38, United States
Code, on or after the date that is one year after the date of
the enactment of this Act.
SEC. 304. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION
SERVICES BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by
section 303, is further amended by adding at the end the
following new subsection:
``(c)(1) The Secretary shall have the authority to
administer this chapter by prioritizing the provision of
services under this chapter based on need, as determined by
the Secretary. In evaluating need for purposes of this
subsection, the Secretary shall consider disability ratings,
the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor
the Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to
the prioritization of the provision of services under this
chapter as authorized under paragraph (1), the Secretary
shall submit to Congress a plan describing such changes.''.
SEC. 305. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS
FOR POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3326. Election to receive educational assistance
``(a) Individuals Eligible to Elect Participation in Post-
9/11 Educational Assistance.--An individual may elect to
receive educational assistance under this chapter if such
individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance under
chapter 30 of the title and has used, but retains unused,
entitlement under that chapter;
``(B) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10 and has used, but retains
unused, entitlement under the applicable chapter;
``(C) is entitled to basic educational assistance under
chapter 30 of this title but has not used any entitlement
under that chapter;
``(D) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10 but has not used any
entitlement under such chapter;
``(E) is a member of the Armed Forces who is eligible for
receipt of basic educational assistance under chapter 30 this
title and is making contributions toward such assistance
under section 3011(b) or 3012(c) of this title; or
``(F) is a member of the Armed Forces who is not entitled
to basic educational assistance under chapter 30 of this
title by reason of an election under section 3011(c)(1) or
3012(d)(1) of this title; and
``(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective
as of the first month beginning on or after the date of an
election under subsection (a) of an individual described by
paragraph (1)(E) of that subsection, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of this title, as applicable, shall cease, and the
requirements of such section shall be deemed to be no longer
applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a)
makes an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized,
the individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall
be available to the individual instead for educational
assistance under chapter 33 of this title in accordance with
the provisions of this section.
``(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not revoked by
an individual in accordance with that paragraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement
under section 3020 of this title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the
provisions of this chapter, instead of basic educational
assistance under chapter 30 this title, or educational
assistance under chapter 107, 1606, or 1607 of title 10, as
applicable.
``(2) Limitation on entitlement for certain individuals.--
In the case of an individual making an election under
subsection (a) who is described by paragraph (1)(A) of that
subsection, the number of months of entitlement of the
individual to educational assistance under this chapter 33
shall be the number of months equal to--
``(A) the number of months of unused entitlement of the
individual under chapter 30 of this title, as of the date of
the election, plus
``(B) the number of months, if any, of entitlement revoked
by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain
entitled to such educational assistance in accordance with
the provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1)
(as determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having
Made Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to
the individual under this chapter 33 as a monthly stipend
payable under paragraph (1)(B) of section 3313(c) of
[[Page H608]]
this title, or under paragraphs (2) through (7) of that
section (as applicable), shall be the amount otherwise
payable as a monthly stipend under the applicable paragraph
increased by the amount equal to--
``(A) the total amount of contributions toward basic
educational assistance made by the individual under section
3011(b) or 3012(c) of this title, as of the date of the
election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of entitlement to basic
educational assistance under chapter 30 of this title
remaining to the individual at the time of the election; plus
``(II) the number of months, if any, of entitlement under
such chapter 30 revoked by the individual under subsection
(c)(1); and
``(ii) the denominator of which is 36 months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
paragraph (1) who is described by subsection (a)(1)(E), the
number of months of entitlement to basic educational
assistance remaining to the individual for purposes of
paragraph (1)(B)(i)(II) shall be 36 months.
``(3) Timing of payment.--The amount payable with respect
to an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under subsections (b)
through (g) of that section (as applicable), before the
exhaustion of the individual's entitlement to educational
assistance under this chapter.
``(g) Continuing Entitlement to Additional Assistance for
Critical Skills or Speciality and Additional Service.--An
individual making an election under subsection (a)(1) who, at
the time of the election, is entitled to increased
educational assistance under section 3015(d) of this title,
or section 16131(i) of title 10, or supplemental educational
assistance under subchapter III of chapter 30 of this title,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in the
utilization of entitlement to educational assistance under
this chapter, in an amount equal to the quarter, semester, or
term, as applicable, equivalent of the monthly amount of such
increased educational assistance or supplemental educational
assistance payable with respect to the individual at the time
of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who, on or
after January 1, 2016, submits to the Secretary an election
under this section that the Secretary determines is clearly
against the interests of the individual, or who fails to make
an election under this section, the Secretary may make an
alternative election on behalf of the individual that the
Secretary determines is in the best interests of the
individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after
making such election and shall provide the individual with a
30-day period, beginning on the date of the individual's
receipt of such notice, during which the individual may
modify or revoke the election made by the Secretary on the
individual's behalf. The Secretary shall include, as part of
such notice, a clear statement of why the alternative
election made by the Secretary is in the best interests of
the individual as compared to the election submitted by the
individual. The Secretary shall provide the notice required
under this paragraph by electronic means whenever possible.
``(i) Irrevocability of Elections.--An election under
subsection (a) or (c)(1) is irrevocable.''.
(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. Election to receive educational assistance.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of
the Post-9/11 Veterans Educational Assistance Act of 2008
(Public Law 110-252; 38 U.S.C. 3301 note) is hereby repealed.
SEC. 306. CLARIFICATION OF ASSISTANCE PROVIDED FOR CERTAIN
FLIGHT TRAINING AND OTHER PROGRAMS OF
EDUCATION.
(a) Flight Training.--Subsection (c)(1)(A) of section 3313
of title 38, United States Code, is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively;
(B) by striking ``In the case of a program of education
pursued at a public institution of higher learning'' and
inserting ``(I) Subject to subclause (II), in the case of a
program of education pursued at a public institution of
higher learning not described in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new subclause:
``(II) In determining the actual net cost for in-State
tuition and fees pursuant to subclause (I), the Secretary may
not pay for tuition and fees relating to flight training.'';
and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa) and (bb)
as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa) and (bb)
as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively;
(D) by striking ``In the case of a program of education
pursued at a non-public or foreign institution of higher
learning'' and inserting ``(I) In the case of a program of
education described in subclause (II)''; and
(E) by adding at the end the following new subclause:
``(II) A program of education described in this subclause
is any of the following:
``(aa) A program of education pursued at a non-public or
foreign institution of higher learning.
``(bb) A program of education pursued at a public
institution of higher learning in which flight training is
required to earn the degree being pursued (including with
respect to a dual major, concentration, or other element of
such a degree).''.
(b) Certain Programs of Education Carried Out Under
Contract.--Section 3313(c)(1)(A)(ii)(II) of title 38, United
States Code, as added by subsection (a)(2)(E), is amended by
adding at the end the following new item:
``(cc) A program of education pursued at a public
institution of higher learning in which the public
institution of higher learning enters into a contract or
agreement with an entity (other than another public
institution of higher learning) to provide such program of
education or a portion of such program of education.''.
(c) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by subsection (a) and (b) shall apply with
respect to a quarter, semester, or term, as applicable,
commencing on or after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act,
is using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or
(cc) of section 3313(c)(1)(A)(ii)(II) of title 38, United
States Code, as added by subsections (a) and (b),
respectively, the amendment made by such subsection shall
apply with respect to a quarter, semester, or term, as
applicable, commencing on or after the date that is two years
after the date of the enactment of this Act.
SEC. 307. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING
MEDICAL CARE FROM SECRETARY OF DEFENSE AS
ACTIVE DUTY FOR PURPOSES OF ELIGIBILITY FOR
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) of title 38, United
States Code, is amended by inserting ``12301(h),'' after
``12301(g),''.
(b) Application.--The amendment made by subsection (a)
shall apply with respect to active duty service by a member
of a reserve component covered by section 12301(h) of title
10, United States, beginning on or after the date that is 180
days after the date of the enactment of this Act.
SEC. 308. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) of title 38, United States Code, is
amended by striking ``June 30, 2013'' each place it appears
and inserting ``June 30, 2013, or the period beginning on
June 30, 2016, and ending on June 30, 2021''.
SEC. 309. VOCATIONAL REHABILITATION AND EDUCATION ACTION
PLAN.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall develop and
publish an action plan for improving the services and
assistance provided under chapter 31 of title 38, United
States Code. Such plan shall include each of the following:
(1) A comprehensive analysis of, and recommendations and a
proposed implementation plan for remedying workload
management challenges at regional offices of the Department
of Veterans Affairs, including steps to reduce counselor
caseloads of veterans participating in a rehabilitation
program under such chapter, particularly for counselors who
are assisting veterans with traumatic brain injury and post-
traumatic stress disorder and counselors with educational and
vocational counseling workloads.
(2) A comprehensive analysis of the reasons for the
disproportionately low percentage of veterans with service-
connected disabilities who served in the Armed Forces after
September 11, 2001, who opt to participate in a
rehabilitation program under such chapter relative to the
percentage of such veterans who use their entitlement to
educational assistance under chapter 33 of title 38, United
States Code, including an analysis of barriers to timely
enrollment in rehabilitation programs under chapter 31 of
such title and of any barriers to a veteran enrolling in the
program of that veteran's choice.
(3) Recommendations and a proposed implementation plan for
encouraging more veterans with service-connected disabilities
who served in the Armed Forces after September 11, 2001, to
participate in rehabilitation programs under chapter 31 of
such title.
(4) A national staff training program for vocational
rehabilitation counselors of the Department that includes the
provision of--
(A) training to assist counselors in understanding the very
profound disorientation experienced by warriors whose lives
and life-plans have been upended and out of their control
because of their injury;
[[Page H609]]
(B) training to assist counselors in working in partnership
with veterans on individual rehabilitation plans; and
(C) training on post-traumatic stress disorder and other
mental health conditions and on moderate to severe traumatic
brain injury that is designed to improve the ability of such
counselors to assist veterans with these conditions,
including by providing information on the broad spectrum of
such conditions and the effect of such conditions on an
individual's abilities and functional limitations.
SEC. 310. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN
VOCATIONAL REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of
Veterans Affairs shall reduce redundancy and inefficiencies
in the use of information technology to process claims for
rehabilitation programs under chapter 31 of title 38, United
States Code, by--
(1) ensuring that all payments for and on behalf of
veterans participating in a rehabilitation program under such
chapter are only processed and paid out of one corporate
information technology system, in order to eliminate the
redundancy of multiple information technology payment
systems; and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such
veterans.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2016 $10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the changes made
pursuant to subsection (a).
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
SEC. 401. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY
CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF
EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3684(a) of title 38, United States
Code, is amended--
(1) in paragraph (1), by inserting ``32, 33,'' after
``31,''; and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term
`educational institution' may include a group, district, or
consortium of separately accredited educational institutions
located in the same State that are organized in a manner that
facilitates the centralized reporting of the enrollments in
such group, district, or consortium of institutions.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to reports submitted on or after the
date of the enactment of this Act.
SEC. 402. PROVISION OF INFORMATION REGARDING VETERAN
ENTITLEMENT TO EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3699. Provision of certain information to educational
institutions
``For each veteran or other individual pursuing a course of
education that has been approved under this chapter using
educational assistance to which the veteran or other
individual is entitled under chapter 30, 32, 33, or 35 of
this title, the Secretary shall make available to the
educational institution offering the course information about
the amount of such educational assistance to which the
veteran or other individual is entitled. Such information
shall be provided to such educational institution through a
secure information technology system accessible by the
educational institution and shall be regularly updated to
reflect any amounts used by the veteran or other
individual.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3698 the following new item:
``3699. Provision of certain information to educational
institutions.''.
SEC. 403. ROLE OF STATE APPROVING AGENCIES.
(a) Approval of Certain Courses.--Section 3672(b)(2)(A) of
title 38, United States Code, is amended by striking ``the
following'' and all that follows through the colon and
inserting the following: ``a program of education is deemed
to be approved for purposes of this chapter if a State
approving agency determines that the program is one of the
following programs:''.
(b) Approval of Other Courses.--Section 3675 of such title
is amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary or a State approving
agency'' and inserting ``A State approving agency, or the
Secretary when acting in the role of a State approving
agency,''; and
(B) by striking ``offered by proprietary for-profit
educational institutions'' and inserting ``not covered by
section 3672 of this title''; and
(2) in subsection (b), by striking ``the Secretary or the
State approving agency'' each place it appears and inserting
``the State approving agency, or the Secretary when acting in
the role of a State approving agency,''.
SEC. 404. CRITERIA USED TO APPROVE COURSES.
(a) Nonaccredited Courses.--Section 3676(c)(14) of title
38, United States Code, is amended by inserting before the
period the following: ``if the Secretary, in consultation
with the State approving agency and pursuant to regulations
prescribed to carry out this paragraph, determines such
criteria are necessary and treat public, private, and
proprietary for-profit educational institutions equitably''.
(b) Accredited Courses.--Section 3675(b)(3) of such title
is amended by striking ``and (3)'' and inserting ``(3), and
(14)''.
(c) Application.--The amendment made by subsection (a)
shall apply with respect to--
(1) criteria developed pursuant to paragraph (14) of
subsection (c) of section 3676 of title 38, United States
Code, on or after January 1, 2013; and
(2) an investigation conducted under such subsection that
is covered by a reimbursement of expenses paid by the
Secretary of Veterans Affairs to a State pursuant to section
3674 of such title on or after October 1, 2015.
SEC. 405. COMPLIANCE SURVEYS.
(a) In General.--Section 3693 of such title is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Except as provided in subsection (b), the
Secretary shall conduct an annual compliance survey of
educational institutions and training establishments offering
one or more courses approved for the enrollment of eligible
veterans or persons if at least 20 such veterans or persons
are enrolled in any such course. The Secretary shall--
``(A) design the compliance surveys to ensure that such
institutions or establishments, as the case may be, and
approved courses are in compliance with all applicable
provisions of chapters 30 through 36 of this title;
``(B) survey each such educational institution and training
establishment not less than once during every two-year
period; and
``(C) assign not fewer than one education compliance
specialist to work on compliance surveys in any year for each
40 compliance surveys required to be made under this section
for such year.
``(2) The Secretary, in consultation with the State
approving agencies, shall--
``(A) annually determine the parameters of the surveys
required under paragraph (1); and
``(B) not later than September 1 of each year, make
available to the State approving agencies a list of the
educational institutions and training establishments that
will be surveyed during the fiscal year following the date of
making such list available.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the terms `educational institution'
and `training establishment' have the meaning given such
terms in section 3452 of this title.''.
(b) Conforming Amendments.--Subsection (b) of such section
is amended--
(1) by striking ``subsection (a) of this section for an
annual compliance survey'' and inserting ``subsection (a)(1)
for a compliance survey'';
(2) by striking ``institution'' and inserting ``educational
institution or training establishment''; and
(3) by striking ``institution's demonstrated record of
compliance'' and inserting ``record of compliance of such
institution or establishment''.
SEC. 406. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO
EDUCATIONAL ASSISTANCE UNDER THE EDUCATIONAL
ASSISTANCE PROGRAMS ADMINISTERED BY THE
SECRETARY OF VETERANS AFFAIRS.
(a) Survey Required.--By not later than 270 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract with a non-government
entity for the conduct of a survey of a statistically valid
sample of individuals who have used or are using their
entitlement to educational assistance under chapters 30, 32,
33, and 35 of title 38, United States Code, to pursue a
program of education or training. The contract shall provide
that--
(1) not later than one month before the collection of data
under the survey begins, the survey shall be submitted to the
Committees on Veterans' Affairs of the Senate and House of
Representatives;
(2) the non-government entity shall complete the survey and
submit to the Secretary the results of the survey by not
later than 180 days after entering into the contract; and
(3) the survey shall be conducted by electronic means and
by any other means the non-government entity determines
appropriate.
(b) Information To Be Collected.--The contract under
subsection (a) shall provide that the survey shall be
designed to collect the following types of information about
each individual surveyed, where applicable:
(1) Demographic information, including the highest level of
education completed by the individual, the military
occupational specialty or specialties of the individual while
serving on active duty as a member of the Armed Forces or as
a member of the National Guard or of a Reserve Component of
the Armed Forces, and whether the individual has a service-
connected disability.
(2) The opinion of the individual regarding participation
in the transition assistance program under section 1144 of
title 10, United States Code, and the effectiveness of the
program, including instruction on the use of the benefits
under laws administered by the Secretary of Veterans Affairs.
(3) The resources the individual used to help the
individual--
[[Page H610]]
(A) decide to use the individual's entitlement to
educational assistance to enroll in a program of education or
training; and
(B) choose the program of education or training the
individual pursued.
(4) The individual's goal when the individual enrolled in
the program of education or training.
(5) The nature of the individual's experience with the
education benefits processing system of the Department of
Veterans Affairs.
(6) The nature of the individual's experience with the
school certifying official of the educational institution
where the individual pursued the program of education or
training who processed the individual's claim.
(7) Any services or benefits the educational institution or
program of education or training provided to veterans while
the individual pursued the program of education or training.
(8) The type of educational institution at which the
individual pursued the program of education or training.
(9) Whether the individual completed the program of
education or training or the number of credit hours completed
by the individual as of the time of the survey, and, if
applicable, any degree or certificate obtained by the
individual for completing the program.
(10) The employment status of the individual and whether
such employment status differs from the employment status of
the individual prior to enrolling in the program of education
or training.
(11) Whether the individual is or was enrolled in a program
of education on a full-time or part-time basis.
(12) The opinion of the individual on the effectiveness of
the educational assistance program of the Department of
Veterans Affairs under which the individual was entitled to
educational assistance.
(13) Whether the individual was ever entitled to a
rehabilitation under chapter 31 of title 38, United States
Code, and whether the individual participated in such a
program.
(14) A description of any circumstances that prevented the
individual from using the individual's entitlement to
educational assistance to pursue a desired career path or
degree.
(15) Whether the individual is using the individual's
entitlement to educational assistance to pursue a program of
education or training or has transferred such an entitlement
to a dependent.
(16) Such other matters as the Secretary determines
appropriate.
(c) Report.--Not later than 90 days after receiving the
results of the survey required under this section, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
results of the survey and any recommendations of the
Secretary relating to such results. Such report shall also
include an unedited version of the results of the survey
submitted by the non-government entity that conducted the
study.
SEC. 407. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE
VETERANS BENEFITS ADMINISTRATION OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--
The Secretary of Veterans Affairs shall, to the maximum
extent possible, make such changes and improvements to the
information technology system of the Veterans Benefits
Administration of the Department of Veterans Affairs to
ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter
33 of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a plan to implement the
changes and improvements described in subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the implementation of
the changes and improvements described in subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs
$30,000,000 to carry out this section during fiscal years
2016 and 2017.
SEC. 408. TECHNICAL AMENDMENT RELATING TO IN-STATE TUITION
RATE FOR INDIVIDUALS TO WHOM ENTITLEMENT IS
TRANSFERRED UNDER ALL-VOLUNTEER FORCE
EDUCATIONAL ASSISTANCE PROGRAM AND POST-9/11
EDUCATIONAL ASSISTANCE.
(a) Technical Amendment.--Section 3679(c)(2)(B) of title
38, United States Code, is amended by striking ``or 3319 of
this title'' and all that follows and inserting ``of this
title or to whom educational assistance is transferred under
section 3319 of this title.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to a course, semester, or term that
begins after July 1, 2016.
TITLE V--OTHER MATTERS
SEC. 501. AMOUNT OF LOAN GUARANTEED UNDER HOME LOAN PROGRAM
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Adjustment of Loan Limit.--Section 3703(a)(1) of title
38, United States Code, is amended--
(1) in subparagraph (A)(i)(IV)--
(A) by striking ``the lesser of''; and
(B) by striking ``or 25 percent of the loan''; and
(2) in subparagraph (C), by striking ``Freddie Mac'' and
all that follows through the period at the end and inserting
``amount of the loan.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to a loan guaranteed under section
3710 of title 38, United States Code, on or after the date
that is 30 days after the date of the enactment of this Act.
SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND
PLACEMENT SERVICE FOR VETERANS.
(a) In General.--Chapter 41 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4115. Longitudinal study of job counseling, training,
and placement service for veterans
``(a) Study Required.--(1) The Secretary shall enter into a
contract with a non-government entity to conduct a
longitudinal study of a statistically valid sample of each of
the groups of individuals described in paragraph (2). The
contract shall provide for the study of each such group over
a period of at least five years.
``(2) The groups of individuals described in this paragraph
are the following:
``(A) Veterans who have received intensive services.
``(B) Veterans who did not receive intensive services but
who otherwise received services under this chapter.
``(C) Veterans who did not seek or receive services under
this chapter.
``(3) The study required by this subsection shall include
the collection of the following information for each
individual who participates in the study:
``(A) The average number of months such individual served
on active duty.
``(B) The distribution of disability ratings of such
individual.
``(C) Any unemployment benefits received by such
individual.
``(D) The average number of months such individual was
employed during the year covered by the report.
``(E) The average annual starting and ending salaries of
any such individual who was employed during the year covered
by the report.
``(F) The average annual income of such individual.
``(G) The average total household income of such individual
for the year covered by the report.
``(H) The percentage of such individuals who own their
principal residences.
``(I) The employment status of such individual.
``(J) In the case of such an individual who received
services under this chapter, whether the individual believes
that any service provided by a disabled veterans' outreach
specialist or local veterans' employment representative
helped the individual to become employed.
``(K) In the case of such an individual who believes such a
service helped the individual to become employed, whether--
``(i) the individual retained the position of employment
for a period of one year or longer; and
``(ii) the individual believes such a service helped the
individual to secure a higher wage or salary.
``(L) The conditions under which such individual was
discharged or released from the Armed Forces.
``(M) Whether such individual has used any educational
assistance to which the individual is entitled under this
title.
``(N) Whether such individual has participated in a
rehabilitation program under chapter 31 of this title.
``(O) Demographic information about such individual.
``(P) Such other information as the Secretary determines
appropriate.
``(b) Annual Reports.--(1) By not later than July 1 of each
year covered by the study required under subsection (a), the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
outcomes of the study during the preceding year.
``(2) The Secretary shall include in each annual report
submitted under paragraph (1) any information the Secretary
determines is necessary to determine the long-term outcomes
of the individuals in the groups described in subsection
(a)(2).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4115. Longitudinal study of job counseling, training, and placement
service for veterans.''.
SEC. 503. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH
SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
VETERANS.
(a) In General.--Section 8127 of title 38, United States
Code, is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Limitations on Subcontracting.--(1)(A) The
requirements applicable to a covered small business concern
under section 46
[[Page H611]]
of the Small Business Act (15 U.S.C. 657s) shall apply with
respect to a small business concern owned and controlled by a
veteran with a service-connected disability or a small
business concern owned and controlled by a veteran that is
awarded a contract that is counted for purposes of meeting
the goals under subsection (a).
``(B) For purposes of applying the requirements of section
46 of the Small Business Act (15 U.S.C. 657s) pursuant to
subparagraph (A), the term `similarly situated entity' used
in such section 46 includes a subcontractor for a small
business concern owned and controlled by a veteran with a
service-connected disability or a small business concern
owned and controlled by a veteran described in such
subparagraph (A).
``(2) Before awarding a contract that is counted for
purposes of meeting the goals under subsection (a), the
Secretary shall obtain from an offeror a certification that
the offeror will comply with the requirements described in
paragraph (1)(A) if awarded the contract. Such certification
shall--
``(A) specify the exact performance requirements applicable
under such paragraph; and
``(B) explicitly acknowledge that the certification is
subject to section 1001 of title 18.
``(3) If the Secretary determines that a small business
concern that is awarded a contract that is counted for
purposes of meeting the goals under subsection (a) did not
act in good faith with respect to the requirements described
in paragraph (1)(A), the small business concern shall be
subject to the penalties specified in--
``(A) section 16(g)(1) of the Small Business Act (15 U.S.C.
645(g)(1)); and
``(B) section 1001 of title 18.
``(4)(A) The Director of Small and Disadvantaged Business
Utilization for the Department, established pursuant to
section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
and the Chief Acquisition Officer of the Department,
established pursuant to section 1702 of title 41, shall
jointly implement a process using the systems described in
section 16(g)(2) of the Small Business Act (15 U.S.C.
645(g)(2)), or any other systems available, to monitor
compliance with this subsection. The Chief Acquisition
Officer shall refer any violations of this subsection to the
Inspector General of the Department.
``(B) Not later than November 30 of each year, the
Inspector General shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
for the fiscal year preceding the fiscal year during which
the report is submitted that includes, for the fiscal year
covered by the report--
``(i) the number of referred violations received under
subparagraph (A); and
``(ii) the disposition of such referred violations,
including the number of small business concerns suspended or
debarred from Federal contracting or referred to the Attorney
General for prosecution.''.
(b) Effective Date.--Subsection (l) of section 8127 of
title 38, United States Code, as added by subsection (a)
shall apply with respect to a contract entered into after the
date of the enactment of this Act.
SEC. 504. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO
STATE VETERANS AGENCIES TO FACILITATE THE
FURNISHING OF ASSISTANCE AND BENEFITS TO
VETERANS.
(a) Procedures Required.--The Secretary of Veterans Affairs
shall develop procedures to share the information described
in subsection (b) regarding veterans with State veterans
agencies in electronic data format as a means of facilitating
the furnishing of assistance and benefits to veterans.
(b) Covered Information.--The information shared with State
veterans agencies under subsection (a) regarding a veteran
shall include the following:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Opt-Out Election.--A veteran may elect to prevent their
information from being shared with State veterans agencies
under subsection (a) pursuant to a process that the Secretary
shall establish for purposes of this subsection.
(d) Use of Information.--The Secretary shall ensure that
the information shared with State veterans agencies in
accordance with the procedures developed under subsection (a)
is only shared by such agencies with county government
veterans service offices for such purposes as the Secretary
shall specify for the administration and delivery of
assistance and benefits.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentlewoman from Florida (Ms. Brown) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and to add any extraneous materials on H.R. 3016, as
amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection?
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 3016, as amended, the Veterans Employment,
Education, and Healthcare Improvement Act.
This bill, which was introduced by the chairman of our Subcommittee
on Economic Opportunity, Congressman Wenstrup of Ohio, includes a
number of provisions relating to veterans' health care, education, and
employment benefits.
One provision of the bill would authorize the Department of Veterans
Affairs to create a new fourth administration to streamline the
oversight of the many VA programs and benefits that assist veterans
with transition and that promote their economic welfare. These benefits
include vocational rehabilitation and employment, GI Bill education
benefits, the verification of veteran-owned small businesses, the VA's
portion of the Transition Assistance Program, and the home loan
guaranty program.
Another provision of the bill would make needed improvements to
education and vocational rehabilitation and employment benefits by,
among other things, closing a costly loophole that has allowed some
contracted-out flight schools to charge the VA hundreds of thousands of
dollars in excessive tuition and fee payments.
Still other provisions would improve the administration of benefits
and expand opportunities for the use of the home loan benefit by
eliminating the loan limit that caps the amount of money the VA will
guarantee under the home loan program. This would help tens of
thousands of veterans who are living in high-cost areas to realize the
dream that many Americans strive for.
Health-related provisions of the bill would elevate the role of
podiatrists in the VA medical facilities, improve care for the newborn
children of female veterans, create a pilot program on service dog
training for veterans with post-traumatic stress, and require the
Government Accountability Office to conduct period audits of the VA's
budget.
I am grateful to Dr. Wenstrup, to Dr. Roe, and to the many other
sponsors of these provisions for their hard work and leadership in
crafting and in developing this legislation, and I urge all of my
colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 3016, as amended, the VA Provider Equity
Act.
The provisions of title I directly affect the health of veterans by
making podiatrists equal to other doctors in the VA, by making Medal of
Honor recipients a top priority in receiving health care at the VA, and
by making the newborn babies of servicemembers eligible for VA health
care in the first 6 weeks of life, to follow their mothers' eligibility
at the VA.
The legislation authorizes a GAO audit of the Veterans Health
Administration's budget. I feel that the Veterans Health Administration
has been more responsive under the leadership of Dr. David Shulkin, but
I agree that everyone would be better informed of how the VHA is
working if we are all starting on the same page. I am also pleased that
a successful dog training program will be expanded to other parts of
the country to help veterans who are recovering from TBI and PTSD.
I am particularly pleased to support provisions in H.R. 3016 which
improve the veterans' education and rehabilitation program and which
increase limits on the veterans' home loan program while maintaining
the VA's strict lending requirements.
H.R. 3016 also contains several important improvements in education
and employment programs for veterans. Representative Takano will have
more to say because he has taken the lead on these as the ranking
member of the Economic Opportunity Subcommittee.
I also want to thank Chairman Miller for compromising on the
establishment of a new administration within the VA, called the
Veterans Economic Opportunity and Transition Administration.
While I appreciate the chairman's attempt to compromise on another
key provision, I want to make it clear that I oppose the policy to cut
in half the living stipend for the children of servicemembers who have
received their
[[Page H612]]
parents' transferred GI Bill benefits. We promised the men and women
who signed up to serve in our Nation's military that they would be able
to transfer their entire GI Bill benefits to a dependent spouse or
child. It is unfair that we are now breaking part of that promise.
While I understand that this change pays for the other essential
provisions in this bill, I would have preferred that we would have kept
the promise we made to servicemembers while finding other ways to pay
for this package.
As this legislation moves forward, I will continue to work with my
colleagues to find a different way to pay for these provisions that
does not violate the promise we made to our veterans.
I had hoped our Republican colleagues would have brought this bill to
the floor under an open rule so as to have given us the opportunity to
propose amendments and to debate ways to improve the more controversial
provisions of this bill. I am disappointed that we are not able to
offer amendments to improve the bill today. Yet I will support this
bill overall due to the number of positive improvements.
Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 3 minutes to the
gentleman from the Second District of Ohio (Mr. Wenstrup), the chairman
of the Economic Opportunity Subcommittee and a combat veteran, himself.
Mr. WENSTRUP. Mr. Speaker, I rise in support of H.R. 3016, the
Veterans Employment, Education, and Healthcare Improvement Act, as
amended.
I am proud to sponsor this bill and am glad to be joined by veteran
service organizations in their support, like the VFW and the DAV. It
will help ensure that the veterans receive the benefits they have
earned.
This veterans' legislation contains over 30 provisions from over a
dozen Members of Congress and is the result of countless hours of work
amongst the members of the committee. I want to highlight three
specific provisions in the bill that improve the benefits our veterans
receive.
First is the VA Provider Equity Act, which would strengthen access to
the comprehensive, first-class health care that veterans deserve. We
all know wait times for health care at the VA remain somewhat
unacceptable in many places. This is true, in part, because the VA
struggles to employ enough healthcare specialists to meet the needs of
veterans.
The VA Provider Equity Act responds to this issue by aligning
outdated VA standards more closely with the private sector practices of
today. When introduced, every doctor on the Committee on Veterans'
Affairs joined as an original cosponsor, understanding that we need to
make it easier for the VA to recruit and retain the specialists our
veterans so desperately need.
The bill also includes H.R. 2344, the Veterans Vocational
Rehabilitation and Employment Improvement Act of 2015, which I
introduced earlier this year. The VA's Vocational Rehabilitation and
Employment program helps disabled veterans to prepare for employment or
to live as independently as possible. If a veteran chooses to pursue
education or training through this program, current law does not
require the courses to be approved for GI benefits. My provision would
tighten this requirement to provide additional oversight and
protections for our veterans.
We also include the GI Bill Quality Enhancement Act. By giving State
Approving Agencies the increased oversight of GI Bill programs, this
provision would provide veterans with the information they need to make
good choices about education and training programs that offer the best
quality.
The Veterans Employment, Education, and Healthcare Improvement Act
would make important progress in streamlining veterans' access to their
earned benefits. It is one simple step we can take to ensure that our
veterans receive the benefits they have earned.
I thank Representative Takano for his help in moving this forward,
and I urge my colleagues to support it.
Ms. BROWN of Florida. Mr. Speaker, I yield 4 minutes to the gentleman
from California (Mr. Takano).
Mr. TAKANO. I thank Ranking Member Corrine Brown for yielding time.
Mr. Speaker, I rise in support of H.R. 3016.
While there are parts of this bill that I hope to see changed as it
moves forward, it includes numerous provisions that will have a
positive impact on our Nation's veteran population, including several
provisions I authored.
Section 307 of this bill is the language from my GI Bill Fairness
Act, bipartisan legislation to close a gap faced by our National
Guardsmen and Reservists who have been repeatedly called to war
throughout operations in Iraq and Afghanistan.
Currently, members of the Guard and Reserve who are wounded in combat
are sometimes placed on Active Duty for their recovery, treatment, and
rehabilitation. Unfortunately, current Federal law does not recognize
such Active Duty orders as eligible for Post-9/11 GI Bill education
assistance, meaning that, unlike other members of the military, those
who serve in the Guard and Reserve may actually lose benefits for being
injured in the line of duty. This provision in H.R. 3016 would end
unequal treatment and ensure these guardsmen and reservists are able to
accrue GI Bill benefits, when ordered to Active Duty, for the purposes
of receiving medical care.
H.R. 3016 also includes my Work-Study for Student Veterans Act, which
would reinstate certain VA work-study activities that expired on June
30, 2013. The VA's Student Work-Study Allowance Program allows
qualifying student veterans who are in college degree programs or in
vocational or professional programs to be paid for working in a variety
of capacities on campus, at VA facilities, or at other veteran-centered
organizations to assist fellow veterans. The work-study program
achieves two important goals: offering student veterans a way to earn a
little extra money and providing transitioning veterans with the
guidance and assistance of fellow veterans who know firsthand what that
transition is like.
{time} 1530
I also strongly support section 306 of the bill, which caps the
amount of post-9/11 GI Bill funds available to flight schools--private
flight schools--that contract with community colleges at the same
amount that the GI Bill caps funds available to private universities.
Due to a current loophole in the GI Bill, student veterans have been
able to take pilot training classes with questionable job placement
prospects at exorbitant cost to the taxpayers. According to the Los
Angeles Times, one flight company charged 12 student veterans over
$500,000 each in GI Bill funds.
While it is true that flight training can be more expensive than
other vocational or academic programs, VA data shows that while the
number of student veterans taking flight training increased by only 9
percent between fiscal years '13 and '14, the total cost to taxpayers
for this program grew by 87 percent during this same period, costing
$37 million in taxpayer dollars.
The drafters of the GI Bill never intended to create this windfall
for the flight school industry. What's more, VFW and the American
Legion support the cap, agreeing that this loophole is a disservice to
student veterans who would be better served by one of the many flight
school programs that cost well under the cap.
I do have serious reservations about section 301 of this legislation,
which would cut by half the monthly housing allowance provided to
children of servicemembers who will have post-9/11 GI Bill benefits
transferred to them. I don't believe that we should be paying for the
great provisions in this bill by cutting benefits.
Furthermore, the bill on the House floor today does not include a
grandfather clause. That means that some current servicemembers will
see the terms that they agreed to when they signed up changed. As this
bill advances, I strongly urge the chairman and ranking member to find
another pay-for and eliminate section 301.
With that being said, I believe overall, with some tweaks, this
legislation will provide valuable support for our veterans, and I urge
my colleagues to support H.R. 3016.
Mr. MILLER of Florida. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Louisiana (Mr. Abraham), who is
[[Page H613]]
from the Fifth District of Louisiana and is a fine member of our
Committee on Veterans' Affairs.
Mr. ABRAHAM. Mr. Speaker, I would like to thank Chairman Miller,
Ranking Member Brown, Subcommittee on Disability Assistance and
Memorial Affairs Ranking Member Titus, and all Members who worked so
hard to bring this bill to the floor.
There are many provisions in H.R. 677, as amended, that would help
improve services for veterans and their families, but I want to focus
my remarks on a section that I am proud to have authored.
First, the bill would authorize an automatic COLA for beneficiaries
who receive the VA disability compensation. Although the Congress
generally approves COLA legislation every year, veterans have to wait
until Congress actually acts.
Ms. BROWN of Florida. Mr. Speaker, I yield 4 minutes to the gentleman
from Minnesota (Mr. Walz).
Mr. WALZ. Mr. Speaker, as you have heard, I associate myself with the
remarks of the positive nature of the provisions in this bill. It has
been the House Veterans' Affairs Committee that has been in the
forefront of improving veterans care, from the post-9/11 GI Bill, to
healthcare changes, to job placements. We have been at the forefront of
VA improvements, accountability, and reform.
While this bill continues in that vein, as you have heard here, there
is one provision in it that, for me personally, I cannot cross. To pay
for these programs, an offset has to be found. That is a noble and
correct principle; meaning, if we add anything, we need to find the
pay-for somewhere else to not add to the debt.
In the case of this, to pay for these absolutely wonderful programs,
many which I helped write, we went back and we took a benefit. I am not
going to debate whether that benefit was overly generous. I am not
going to debate how many are using it.
If one veteran signed up, served this Nation, went overseas and
fought for our defense and they were promised a benefit, to pull it
back at this time is an egregious breach of trust. At a time when the
VA is hurting, at a time when the faith in government is hurting, the
faith in the media, our soldiers need to know there are some things
that will not be crossed.
So I want to be very clear on this. The motives of the people who
worked on this should never be questioned. I have never seen people
with more integrity and more care for our veterans. Thought goes into
this. Improvements try to be made. And when the American people are
frustrated and they see nothing gets done, this committee and the
bipartisanship of the care of our veterans is absolutely paramount.
This is a devilish situation. How do we find the pay-for? My question
is--and, yes, perhaps it is a chip on my shoulder of an enlisted
soldier--why come to the soldiers first? There is nowhere else in the
Federal Government that we can find this.
The chairman rightfully pointed out today another egregious waste of
money in decorating and bonuses to VA officials who are not fulfilling
their duty. My question is: can't we find some way to at least get the
people through who were there and, if we want to make the changes, do
so? I know every effort in good faith has been made to do that. Yes, it
can be argued that this was overly generous and should not have been
there in the first place, but it was. It was signed up for and people
went. I have stood in front of troops who said: You promised it to me,
and I am counting on using it.
It seems to me that as Representatives of the American people, I can
go back and ask my constituents, and they will agree on almost nothing.
If I ask them, ``Should we do everything necessary to care for our
veterans,'' the answer is ``yes.'' If we can't find the offset, then
let's have the courage to go back and ask them what would they be
willing to do.
I myself will be voting ``no'' on this piece of legislation, but I
just urge my colleagues to have to weigh this. I hope over the years
that I have proven I am not a person who would get in the way of having
the perfect get in the way of the good or not trying to work for
compromises. It is a line that I feel, if we cross, the trust gets
breached, and it is very difficult to gain it back.
I thank all Members who worked on this.
Ms. BROWN of Florida. Mr. Speaker, I have no other speakers at this
time.
I yield back the balance of my time.
Mr. MILLER of Florida. I yield myself such time as I may consume.
Mr. Speaker, to my good friend from Minnesota (Mr. Walz), who is a
stalwart supporter of veterans on our committee and brings many, many
good issues to the forefront for both sides of the aisle to be able to
work on together, I do not question his motives in his negative vote
against this bill.
I would say that any child who has already had their parents' post-9/
11 child benefits transferred to them will not be affected by this
change. They would still receive 100 percent of their current living
stipend.
It also gives 180 days after enactment before it begins to take
effect. So any servicemembers who are eligible to transfer their
benefits but have not done so would have 180 days to do so, so their
child would still receive 100 percent of their monthly stipend.
I yield 1 minute to the gentleman from the 15th Congressional
District of Ohio (Mr. Stivers).
Mr. STIVERS. Mr. Speaker, I thank the chairman and the folks on the
committee for their great work on this bill. I stand today to support
the bill and also to recognize one of the sections is the Veterans Dog
Therapy Act, which was rolled into H.R. 3016.
We lose 22 of our former servicemembers every day to suicide. This
legislation will create a pilot program at three to five of our VA
facilities, which is modeled on the Warrior Canine Connection program
for getting access to service dogs for our veterans.
Veterans enrolled in this program with service dogs have seen
improvements in their PTSD and TBI-related symptoms. Additionally, it
is shown that veterans who own service dogs have fewer symptoms of
depression, better interpersonal skills, a lowered risk of substance
abuse, and better overall mental health. While no one thing can help
cure our suicide epidemic among veterans, this is a good start.
I want to thank Tim Walz for being my cosponsor on this bill. I am
glad it is rolled in.
I urge my colleagues to support this provision as well as the entire
bill.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from the Ninth Congressional District of Georgia (Mr.
Collins).
Mr. COLLINS of Georgia. Mr. Speaker, today I rise in support of H.R.
3016, the Veterans Employment, Education, and Healthcare Improvement
Act.
I want to thank the chairman for yielding and his leadership. As we
have heard today, this is something that truly does bring us together.
As someone who continues to serve in the Air Force and looking at my
brothers and sisters in arms, this is something we should be about.
I want to thank my colleague from Ohio (Mr. Wenstrup) for bringing
this important legislation to the floor, including language from my
legislation, H.R. 423, concerning VA post-delivery care services.
I also want to thank Dr. Roe from Tennessee for his amendment that
would extend the coverage for a female veteran's post-delivery care to
42 days.
Female veterans face unique challenges, especially when many of the
services available to them are designed for males. One of the most
significant problems female veterans face is access to health care.
Currently, the VA is authorized to provide up to 7 days of post-
delivery care for a female veteran's newborn baby. Mr. Roe's amendment
will expand coverage to 42 days, the length that the VA currently
provides for mothers.
Females represent the fastest growing group of veterans who are
enrolling in VA health care, and many of them are mothers or soon will
be. It is past time for the VA to expand its care and services to meet
the needs of the female veteran. These women have risked their lives to
protect our Nation, and our responsibility to them doesn't end when
they are no longer serving on Active Duty. In fact, their service to
our country may jeopardize the very lives of their future children,
meaning our responsibility to them is even greater.
Research shows that having PTSD in the year before delivery increases
a
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woman's risk of premature delivery by 35 percent. Premature infants
typically need longer hospitalizations after they are born. I know what
it is like to be the parent of a little baby who needed intensive
medical care for an extended period of time from the moment she was
born. By the way, she is getting ready to turn 24 right now.
Any new mother who has given selflessly to her country shouldn't have
to worry about Congress standing in her way as she tries to give
selflessly to her own child.
I thank my colleague and Chairman Miller for their leadership on this
issue, and I would urge the passage of this bill.
Mr. MILLER of Florida. Mr. Speaker, I have no more speakers at this
time.
I would encourage all my colleagues to support H.R. 3016, as amended.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R.
3016, ``Veterans Employment, Education, and Healthcare Improvement.''
I support this bill because it will benefit our veterans who have
suffered debilitating injuries to their lower extremities as a result
of their service to the United States.
Specifically, this bill clarifies the role of podiatrists in the
Department of Veteran Affairs and increases their pay grade to match
other VA physician compensation.
There is a need in the Department of Veteran Affairs to classify
podiatrists as physicians.
Our veterans continue to suffer from a variety of foot and lower leg
conditions as a direct result of their honorable service which can
result from both traumatic and progressive etiologies.
A growing number of our veterans have diabetes, which puts them at
risk for other disorders and even amputation.
The VA Podiatry Program Office spends a great deal of its time
collaborating with a number of other programs developing and
implementing initiatives relative to the prevention and treatment of
diabetes and disorders related to diabetes.
Houston, Texas is home to the Michael E. DeBakey Veterans Affairs
Medical Center, in one of the nation's greatest medical centers; the
MEDMC has 837 medical providers, but no board certified podiatrists.
Our veterans need and deserve specialized treatment and assistance
for foot injuries.
My congressional district is home to over 25,000 veterans and as an
avid supporter of Veteran Affairs I strongly support this bill.
As a supporter and co-sponsor of numerous bills to assist veterans,
such as H.R. 90, the Healthcare Improvement Act, I strongly believe it
is our duty to give our veterans the best care when they return home.
It is important we recognize podiatrists, who change the lives of our
veterans, to be defined as physicians by the Department of Veteran
Affairs, and increase their pay grade to reflect other VA physician
compensation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 3016, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 38, United States Code, to make certain improvements in the laws
administered by the Secretary of Veterans Affairs relating to health
care, educational assistance, and vocational rehabilitation, to
establish the Veterans Economic Opportunity and Transition
Administration, and for other purposes.''.
A motion to reconsider was laid on the table.
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