[Congressional Record Volume 162, Number 175 (Tuesday, December 6, 2016)]
[House]
[Pages H7221-H7241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JEFF MILLER AND RICHARD BLUMENTHAL VETERANS HEALTH CARE AND BENEFITS
IMPROVEMENT ACT OF 2016
Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and
pass the bill (H. R. 6416) to amend title 38, United States Code, to
make certain improvements in the laws administered by the Secretary of
Veterans Affairs, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6416
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 ``Jeff
Miller and Richard Blumenthal Veterans Health Care and
Benefits Improvement Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--DISABILITY COMPENSATION MATTERS
Sec. 101. Expedited payment of survivors' benefits.
Sec. 102. Board of Veterans' Appeals video hearings.
Sec. 103. Requirement that Secretary of Veterans Affairs publish the
average time required to adjudicate early-filed and
later-filed appeals.
Sec. 104. Comptroller General review of claims processing performance
of regional offices of Veterans Benefits Administration.
Sec. 105. Report on staffing levels at regional offices of Department
of Veterans Affairs under National Work Queue.
Sec. 106. Inclusion in annual budget submission of information on
capacity of Veterans Benefits Administration to process
benefits claims.
Sec. 107. Report on plans of Secretary of Veterans Affairs to reduce
inventory of non-rating workload; sense of Congress
regarding Monday Morning Workload Report.
Sec. 108. Annual report on progress in implementing Veterans Benefits
Management System.
Sec. 109. Improvements to authority for performance of medical
disabilities examinations by contract physicians.
Sec. 110. Independent review of process by which Department of Veterans
Affairs assesses impairments that result from traumatic
brain injury for purposes of awarding disability
compensation.
Sec. 111. Reports on claims for disability compensation.
Sec. 112. Sense of Congress regarding American veterans disabled for
life.
Sec. 113. Sense of Congress on submittal of information relating to
claims for disabilities incurred or aggravated by
military sexual trauma.
TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 201. Extension of temporary increase in number of judges on United
States Court of Appeals for Veterans Claims.
Sec. 202. Life insurance program relating to judges of United States
Court of Appeals for Veterans Claims.
Sec. 203. Voluntary contributions to enlarge survivors' annuity.
Sec. 204. Selection of chief judge of United States Court of Appeals
for Veterans Claims.
TITLE III--BURIAL BENEFITS AND OTHER MATTERS
Sec. 301. Expansion of eligibility for headstones, markers, and
medallions.
Sec. 302. Expansion of Presidential Memorial Certificate program.
Sec. 303. Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in national
cemeteries.
Sec. 304. Study on provision of interments in veterans' cemeteries
during weekends.
Sec. 305. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
TITLE IV--EDUCATIONAL ASSISTANCE AND VOCATIONAL REHABILITATION
Sec. 401. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 402. Approval of courses of education and training for purposes of
the vocational rehabilitation program of the Department
of Veterans Affairs.
Sec. 403. Authority to prioritize vocational rehabilitation services
based on need.
Sec. 404. Reports on progress of students receiving Post-9/11
Educational Assistance.
Sec. 405. Recodification and improvement of election process for Post-
9/11 Educational Assistance Program.
Sec. 406. Work-study allowance.
Sec. 407. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational
institutions.
Sec. 408. Role of State approving agencies.
Sec. 409. Modification of requirements for approval for purposes of
educational assistance provided by Department of Veterans
Affairs of programs designed to prepare individuals for
licensure or certification.
Sec. 410. Criteria used to approve courses.
Sec. 411. Compliance surveys.
Sec. 412. Modification of reductions in reporting fee multipliers for
payments by Secretary of Veterans Affairs to educational
institutions.
Sec. 413. Composition of Veterans' Advisory Committee on Education.
Sec. 414. Survey of individuals using their entitlement to educational
assistance under the educational assistance programs
administered by the Secretary of Veterans Affairs.
Sec. 415. Department of Veterans Affairs provision of information on
articulation agreements between institutions of higher
learning.
Sec. 416. Retention of entitlement to educational assistance during
certain additional periods of active duty.
Sec. 417. 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.
Sec. 418. Study on the effectiveness of veterans transition efforts.
TITLE V--SMALL BUSINESS AND EMPLOYMENT MATTERS
Sec. 501. Modification of treatment under contracting goals and
preferences of Department of Veterans Affairs.
Sec. 502. Longitudinal study of job counseling, training, and placement
service for veterans.
Sec. 503. Limitation on administrative leave for employees of
Department of Veterans Affairs.
Sec. 504. Required coordination between Directors for Veterans'
Employment and Training with State departments of labor
and veterans affairs.
TITLE VI--HEALTH CARE MATTERS
Subtitle A--Medical Care
Sec. 601. Requirement for advance appropriations for the Medical
Community Care account of the Department of Veterans
Affairs.
Sec. 602. Improved access to appropriate immunizations for veterans.
Sec. 603. Priority of medal of honor recipients in health care system
of Department of Veterans Affairs.
Sec. 604. Requirement that Department of Veterans Affairs collect
health-plan contract information from veterans.
Sec. 605. Mental health treatment for veterans who served in classified
missions.
Sec. 606. Examination and treatment by Department of Veterans Affairs
for emergency medical conditions and women in labor.
Subtitle B--Veterans Health Administration
Sec. 611. Time period covered by annual report on Readjustment
Counseling Service.
Sec. 612. Annual report on Veterans Health Administration and
furnishing of hospital care, medical services, and
nursing home care.
Sec. 613. Expansion of qualifications for licensed mental health
counselors of the Department of Veterans Affairs to
include doctoral degrees.
[[Page H7222]]
Sec. 614. Modification of hours of employment for physicians employed
by the Department of Veterans Affairs.
Sec. 615. Repeal of compensation panels to determine market pay for
physicians and dentists.
Sec. 616. Clarification regarding liability for breach of agreement
under Department of Veterans Affairs Employee Incentive
Scholarship Program.
Sec. 617. Extension of period for increase in graduate medical
education residency positions at medical facilities of
the Department of Veterans Affairs.
Sec. 618. Report on public access to research by Department of Veterans
Affairs.
Sec. 619. Authorization of certain major medical facility projects of
the Department of Veterans Affairs.
Subtitle C--Toxic Exposure
Sec. 631. Definitions.
Sec. 632. National Academy of Medicine assessment on research relating
to the descendants of individuals with toxic exposure.
Sec. 633. Advisory board on research relating to health conditions of
descendants of veterans with toxic exposure while serving
in the Armed Forces.
Sec. 634. Research relating to health conditions of descendants of
veterans with toxic exposure while serving in the Armed
Forces.
TITLE VII--HOMELESSNESS MATTERS
Subtitle A--Access of Homeless Veterans to Benefits
Sec. 701. Expansion of definition of homeless veteran for purposes of
benefits under the laws administered by the Secretary of
Veterans Affairs.
Sec. 702. Authorization to furnish certain benefits to homeless
veterans with discharges or releases under other than
honorable conditions.
Sec. 703. Waiver of minimum period of continuous active duty in Armed
Forces for certain benefits for homeless veterans.
Sec. 704. Training of personnel of the Department of Veterans Affairs
and grant recipients.
Sec. 705. Regulations.
Sec. 706. Effective date.
Subtitle B--Other Homelessness Matters
Sec. 711. Increased per diem payments for transitional housing
assistance that becomes permanent housing for homeless
veterans.
Sec. 712. Program to improve retention of housing by formerly homeless
veterans and veterans at risk of becoming homeless.
Sec. 713. Establishment of National Center on Homelessness Among
Veterans.
Sec. 714. Requirement for Department of Veterans Affairs to assess
comprehensive service programs for homeless veterans.
Sec. 715. Report on outreach relating to increasing the amount of
housing available to veterans.
TITLE VIII--OTHER MATTERS
Sec. 801. Department of Veterans Affairs construction reforms.
Sec. 802. Technical and clerical amendments.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--DISABILITY COMPENSATION MATTERS
SEC. 101. EXPEDITED PAYMENT OF SURVIVORS' BENEFITS.
(a) In General.--Section 5101(a)(1) is amended--
(1) by striking ``A specific'' and inserting ``(A) Except
as provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13
and 15 and sections 2302, 2307, and 5121 of this title to a
survivor of a veteran who has not filed a formal claim if the
Secretary determines that the record contains sufficient
evidence to establish the entitlement of the survivor to such
benefits.
``(ii) For purposes of this subparagraph and section 5110
of this title, the earlier of the following dates shall be
treated as the date of the receipt of the survivor's
application for benefits described in clause (i):
``(I) The date on which the survivor of a veteran (or the
representative of such a survivor) notifies the Secretary of
the death of the veteran through a death certificate or other
relevant evidence that establishes entitlement to survivors'
benefits identified in clause (i).
``(II) The head of any other department or agency of the
Federal Government notifies the Secretary of the death of the
veteran.
``(iii) In notifying the Secretary of the death of a
veteran as described in clause (ii)(I), the survivor (or the
representative of such a survivor) may submit to the
Secretary additional documents relating to such death without
being required to file a formal claim.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on benefits paid pursuant to covered
claims.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) The number of covered claims adjudicated during the
one-year period preceding the date of the report,
disaggregated by the following:
(i) Claims in which the claimant was entitled to benefits
under chapters 13 or 15 or sections 2302, 2307, or 5121 of
title 38, United States Code, on the basis of the claimant's
status as the spouse of a deceased veteran.
(ii) Claims in which the claimant was entitled to such
benefits on the basis of the claimant's status as the child
of a deceased veteran.
(iii) Claims in which the claimant was entitled to such
benefits on the basis of the claimant's status as the parent
of a deceased veteran.
(B) The number of covered claims during such period for
which such benefits were not awarded, disaggregated by
clauses (i) through (iii) of subparagraph (A).
(C) A comparison of the accuracy and timeliness of covered
claims adjudicated during such period with noncovered claims
filed by survivors of a veteran.
(D) The findings of the Secretary with respect to
adjudicating covered claims.
(E) Such recommendations as the Secretary may have for
legislative or administrative action to improve the
adjudication of claims submitted to the Secretary for
benefits under chapters 13 and 15 and sections 2302, 2307,
and 5121 of title 38, United States Code.
(3) Covered claim defined.--In this subsection, the term
``covered claim'' means a claim covered by section
5101(a)(1)(B) of title 38, United States Code, as added by
subsection (a).
(c) Effective Date.--The amendments made by subsection (a)
shall apply with respect to claims for benefits based on a
death occurring on or after the date of the enactment of this
Act.
SEC. 102. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A)(i) Upon request for a hearing, the Board shall
determine, for purposes of scheduling the hearing for the
earliest possible date, whether a hearing before the Board
will be held at its principal location or at a facility of
the Department or other appropriate Federal facility located
within the area served by a regional office of the
Department.
``(ii) The Board shall also determine whether to provide a
hearing through the use of the facilities and equipment
described in subsection (e)(1) or by the appellant personally
appearing before a Board member or panel.
``(B)(i) The Board shall notify the appellant of the
determinations of the location and type of hearing made under
subparagraph (A).
``(ii) Upon notification, the appellant may request a
different location or type of hearing as described in such
subparagraph.
``(iii) If so requested, the Board shall grant such request
and ensure that the hearing is scheduled at the earliest
possible date without any undue delay or other prejudice to
the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the
facilities and equipment described in paragraph (1) shall be
conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing.''.
SEC. 103. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS
PUBLISH THE AVERAGE TIME REQUIRED TO ADJUDICATE
EARLY-FILED AND LATER-FILED APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of
Veterans Affairs shall make available to the public the
following:
(A) The average length of time to adjudicate an early-filed
appeal.
(B) The average length of time to adjudicate a later-filed
appeal.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is one year after the date of the enactment of this
Act and shall apply until the date that is three years after
the date of the enactment of this Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on whether publication pursuant to
subsection (a)(1) has had an effect on the number of early-
filed appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and early-filed appeals that were
filed during the one-year
[[Page H7223]]
period ending on the effective date specified in subsection
(a)(2).
(B) The number of appeals and early-filed appeals that were
filed during the one-year period ending on the date that is
two years after the effective date specified in subsection
(a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of
disagreement filed pursuant to section 7105(a) of title 38,
United States Code, in response to notice of the result of an
initial review or determination regarding a claim for a
benefit under a law administered by the Secretary of Veterans
Affairs.
(2) Early-filed.--The term ``early-filed'' with respect to
an appeal means that the notice of disagreement was filed not
more than 180 days after the date of mailing of the notice of
the result of the initial review or determination described
in paragraph (1).
(3) Later-filed.--The term ``later-filed'' with respect to
an appeal means the notice of disagreement was filed more
than 180 days after the date of mailing of the notice of the
result of the initial review or determination described in
paragraph (1).
SEC. 104. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING
PERFORMANCE OF REGIONAL OFFICES OF VETERANS
BENEFITS ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the
effective date specified in subsection (e), the Comptroller
General of the United States shall complete a review of the
regional offices of the Veterans Benefits Administration to
help the Veterans Benefits Administration achieve more
consistent performance in the processing of claims for
disability compensation.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) An identification of the following:
(A) The factors, including management practices, that
distinguish higher performing regional offices from other
regional offices with respect to claims for disability
compensation.
(B) The best practices employed by higher performing
regional offices that distinguish the performance of such
offices from other regional offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve the
performance of regional offices.
(2) An assessment of the effectiveness of communication
with respect to the processing of claims for disability
compensation between the regional offices and veterans
service organizations and caseworkers employed by Members of
Congress.
(c) Report.--Not later than 15 months after the effective
date specified in subsection (e), the Comptroller General
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the review
completed under subsection (a).
(d) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
(e) Effective Date.--This section shall take effect on the
date that is 270 days after the date of the enactment of this
Act.
SEC. 105. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF
DEPARTMENT OF VETERANS AFFAIRS UNDER NATIONAL
WORK QUEUE.
Not later than 15 months after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the criteria and procedures that
the Secretary will use to determine appropriate staffing
levels at the regional offices of the Department under the
National Work Queue for the distribution of the claims
processing workload.
SEC. 106. INCLUSION IN ANNUAL BUDGET SUBMISSION OF
INFORMATION ON CAPACITY OF VETERANS BENEFITS
ADMINISTRATION TO PROCESS BENEFITS CLAIMS.
(a) In General.--Along with the supporting information
included in the budget submitted to Congress by the President
pursuant to section 1105(a) of title 31, United States Code,
the President shall include information on the capacity of
the Veterans Benefits Administration to process claims for
benefits under the laws administered by the Secretary of
Veterans Affairs, including information described in
subsection (b), during the fiscal year covered by the budget
with which the information is submitted.
(b) Information Described.--The information described in
this subsection is the following:
(1) An estimate of the average number of claims for
benefits under the laws administered by the Secretary,
excluding such claims completed during mandatory overtime,
that a single full-time equivalent employee of the
Administration should be able to process in a year, based on
the following:
(A) A time and motion study that the Secretary shall
conduct on the processing of such claims.
(B) Such other information relating to such claims as the
Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the
Secretary under paragraph (2) in the previous year and an
identification of the effects of those actions.
(c) Effective Date.--This section shall apply with respect
to any budget submitted as described in subsection (a) with
respect to any fiscal year after fiscal year 2018.
SEC. 107. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS TO
REDUCE INVENTORY OF NON-RATING WORKLOAD; SENSE
OF CONGRESS REGARDING MONDAY MORNING WORKLOAD
REPORT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report that details the plans of the
Secretary to reduce the inventory of work items listed in the
Monday Morning Workload Report under End Products 130, 137,
173, 290, 400, 600, 607, 690, 930, and 960.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Veterans Affairs should include in each
Monday Morning Workload Report published by the Secretary the
following:
(1) With respect to each regional office of the Department
of Veterans Affairs, the following:
(A) The number of fully developed claims for benefits under
the laws administered by the Secretary that have been
received.
(B) The number of claims described in subparagraph (A) that
are pending a decision.
(C) The number of claims described in subparagraph (A) that
have been pending a decision for more than 125 days.
(2) Enhanced information on appeals of decisions relating
to claims for benefits under the laws administered by the
Secretary that are pending, including information contained
in the reports of the Department entitled ``Appeals Pending''
and ``Appeals Workload By Station''.
SEC. 108. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS
BENEFITS MANAGEMENT SYSTEM.
(a) In General.--Not later than each of one year, two
years, and three years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the progress of the Secretary in
implementing the Veterans Benefits Management System.
(b) Contents.--Each report required by subsection (a) shall
include the following:
(1) An assessment of the current functionality of the
Veterans Benefits Management System.
(2) Recommendations submitted to the Secretary by employees
of the Department of Veterans Affairs who are involved in
processing claims for benefits under the laws administered by
the Secretary, including veterans service representatives,
rating veterans service representatives, and decision review
officers, for such legislative or administrative action as
the employees consider appropriate to improve the processing
of such claims.
(3) Recommendations submitted to the Secretary by veterans
service organizations who use the Veterans Benefits
Management System for such legislative or administrative
action as the veterans service organizations consider
appropriate to improve such system.
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
SEC. 109. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF
MEDICAL DISABILITIES EXAMINATIONS BY CONTRACT
PHYSICIANS.
(a) Licensure of Contract Physicians.--
(1) Temporary authority.--Section 704 of the Veterans
Benefits Act of 2003 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (b) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (b).''.
(2) Pilot program.--Section 504 of the Veterans' Benefits
Improvement Act of 1996 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
[[Page H7224]]
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (a) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
SEC. 110. INDEPENDENT REVIEW OF PROCESS BY WHICH DEPARTMENT
OF VETERANS AFFAIRS ASSESSES IMPAIRMENTS THAT
RESULT FROM TRAUMATIC BRAIN INJURY FOR PURPOSES
OF AWARDING DISABILITY COMPENSATION.
(a) Agreement.--
(1) In general.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine to perform the
services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 9 months
after the date of the enactment of this Act.
(b) Comprehensive Review.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall conduct a
comprehensive review of examinations furnished by the
Department of Veterans Affairs to individuals who submit
claims to the Secretary for compensation under chapter 11 of
title 38, United States Code, for traumatic brain injury to
assess the impairments of such individuals relating to such
injury.
(2) Elements.--The comprehensive review carried out
pursuant to paragraph (1) shall include the following:
(A) A determination of the adequacy of the tools and
protocols used by the Department to provide examinations
described in paragraph (1).
(B) A determination of which credentials are necessary for
health care specialists and providers to perform such
portions of such examinations that relate to an assessment of
all disabling effects.
(3) Group of experienced health care providers.--In
carrying out the comprehensive review pursuant to paragraph
(1), the National Academies of Sciences, Engineering, and
Medicine shall convene a group of relevant experts, including
experts in clinical neuropsychology, psychiatry, physiatry,
neurosurgery, and neurology.
(c) Report.--
(1) In general.--Not later than 540 days after the date on
which the Secretary enters into an agreement under subsection
(a)(1), the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
a report on the comprehensive review conducted under this
section.
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) The findings of the National Academies of Sciences,
Engineering, and Medicine with respect to the comprehensive
review conducted under this section.
(B) Such recommendations for legislative or administrative
action as the National Academies of Sciences, Engineering,
and Medicine may have for the improvement of the adjudication
of claims described in subsection (b)(1).
(d) Alternate Contract Organization.--
(1) In general.--If the Secretary is unable within the
period prescribed in subsection (a)(2) to enter into an
agreement described in subsection (a)(1) with the National
Academies of Sciences, Engineering, and Medicine on terms
acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(A) is not part of the Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Health and Medicine Division of the National Academies of
Sciences, Engineering, and Medicine.
(2) Treatment.--If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section to the National Academies of
Sciences, Engineering, and Medicine shall be treated as a
reference to the other organization.
SEC. 111. REPORTS ON CLAIMS FOR DISABILITY COMPENSATION.
(a) Report on Reasonably Raised Claims.--Not later than 540
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the policies of the Department of
Veterans Affairs with respect to processing reasonably raised
unrelated claims. Such report shall include--
(1) any statistics on how frequently such unrelated claims
are identified by the Secretary;
(2) how frequently the Secretary notifies claimants about
potential unrelated claims; and
(3) how often the claimant later submits a claim for the
condition described by the unrelated claim.
(b) Annual Reports on Complete and Incomplete Claims.--
During the five-year period beginning on the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives annual reports on complete and incomplete
claims for disability compensation submitted to the
Secretary. Each such report shall include, for the one-year
period covered by the report--
(1) the total number of claims submitted to the Secretary;
(2) the total number of incomplete claims submitted to the
Secretary;
(3) the total number of complete claims submitted to the
Secretary;
(4) the total number of forms indicating an intent to file
a claim for benefits submitted to the Secretary;
(5) the total number of electronically filed claims
submitted to the Secretary;
(6) the total number of fully developed claims submitted to
the Secretary;
(7) the total number of claims submitted to the Secretary
that are not complete claims but that the Secretary treats as
a request by the claimant for a form to file a claim; and
(8) of the total number of claims identified under
paragraph (7), the percent for which the Secretary notified
the claimant of the need to file a complete claim.
(c) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given such term
in section 5100 of title 38, United States Code, and includes
a representative of a claimant.
(2) The term ``reasonably raised unrelated claim'' means a
claim for disability compensation under the laws administered
by the Secretary of Veterans Affairs that, in addition to the
condition for which such claim is made, includes evidence of
a separate condition that is not specifically identified as
part of the claim but may be inferred or logically placed at
issue upon a sympathetic reading of the claim and the record
developed with respect to that claim.
SEC. 112. SENSE OF CONGRESS REGARDING AMERICAN VETERANS
DISABLED FOR LIFE.
(a) Findings.--Congress finds the following:
(1) There are at least 4,200,000 veterans currently living
with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many cases
must rely on the support of their families and friends when
these visible and invisible burdens become too much to bear
alone.
(3) October 5, which is the anniversary of the dedication
of the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their
service in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate
programs and activities.
SEC. 113. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION
RELATING TO CLAIMS FOR DISABILITIES INCURRED OR
AGGRAVATED BY MILITARY SEXUAL TRAUMA.
(a) In General.--It is the sense of Congress that the
Secretary of Veterans Affairs should submit to Congress
information on the covered claims submitted to the Secretary
during each fiscal year, including the information specified
in subsection (b).
(b) Elements.--The information specified in this subsection
with respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered
by the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number
and percentage of such claims--
(A) submitted by each sex;
(B) that were approved, including the number and percentage
of such approved claims submitted by each sex; and
(C) that were denied, including the number and percentage
of such denied claims submitted by each sex.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each sex, of
claims assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the Secretary
under section 5104(b)(1) of title 38, United States Code, for
such denials; and
(B) the number of denials that were based on the failure of
a veteran to report for a medical examination.
[[Page H7225]]
(5) The number of covered claims that, as of the end of
such fiscal year, are pending and, separately, the number of
such claims on appeal.
(6) The average number of days that covered claims take to
complete beginning on the date on which the claim is
submitted.
(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
(c) Definitions.--In this section:
(1) The term ``covered claims'' means claims for disability
compensation submitted to the Secretary based on a mental
health condition alleged to have been incurred or aggravated
by military sexual trauma.
(2) The term ``military sexual trauma'' shall have the
meaning specified by the Secretary for purposes of this
section and shall include ``sexual harassment'' (as so
specified).
TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SEC. 201. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF JUDGES
ON UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS.
(a) In General.--Section 7253(i)(2) is amended by striking
``January 1, 2013'' and inserting ``January 1, 2021''.
(b) Report.--
(1) In general.--Not later than June 30, 2020, the chief
judge of the United States Court of Appeals for Veterans
Claims shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the temporary expansions
of the Court under section 7253 of title 38, United States
Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the effect of the expansions on
ensuring appeals are handled in a timely manner.
(B) A description of the ways in which the complexity
levels of the appeals acted on by the Court may have changed
based on service during recent conflicts compared to those
based on service from previous eras.
(C) A recommendation on whether the number of judges should
be adjusted at the end of the temporary expansion period,
including statistics, projections, trend analyses, and other
information to support the recommendation.
SEC. 202. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7281 is amended by adding at the
end the following:
``(j) For purposes of chapter 87 of title 5, a judge who is
in regular active service and a judge who is retired under
section 7296 of this title or under chapter 83 or 84 of title
5 shall be treated as an employee described in section
8701(a)(5) of title 5.
``(k) Notwithstanding any other provision of law, the Court
may pay on behalf of its judges, who are age 65 or older, any
increase in the cost of Federal Employees' Group Life
Insurance imposed after April 24, 1999, including any
expenses generated by such payments, as authorized by the
chief judge of the Court in a manner consistent with such
payment authorized by the Judicial Conference of the United
States pursuant to section 604(a)(5) of title 28.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any payment made on or after the
first day of the first applicable pay period beginning on or
after the date of the enactment of this Act.
SEC. 203. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS'
ANNUITY.
Section 7297 is amended by adding at the end the following
new subsection:
``(p)(1) A covered judge who makes an election under
subsection (b) may purchase, in three-month increments, up to
an additional year of service credit for each year of Federal
judicial service completed, under the terms set forth in this
section.
``(2) In this subsection, the term `covered judge' means
any of the following:
``(A) A judge in regular active service.
``(B) A retired judge who is a recall-eligible retired
judge pursuant to subsection (a) of section 7257 of this
title.
``(C) A retired judge who would be a recall-eligible
retired judge pursuant to subsection (a) of section 7257 but
for--
``(i) meeting the aggregate recall service requirements
under subsection (b)(3) of such section; or
``(ii) being permanently disabled as described by
subsection (b)(4) of such section.''.
SEC. 204. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7253(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) have at least three years remaining in term of
office; and''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) In any case in which there is no judge of the
Court in regular active service who meets the requirements
under paragraph (1), the judge of the Court in regular active
service who is senior in commission and meets subparagraph
(A) or (B) and subparagraph (C) of paragraph (1) shall act as
the chief judge.
``(B) In any case under subparagraph (A) of this paragraph
in which there is no judge of the Court in regular active
service who meets subparagraph (A) or (B) and subparagraph
(C) of paragraph (1), the judge of the Court in regular
active service who is senior in commission and meets
subparagraph (C) shall act as the chief judge.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to the selection of a chief judge
occurring on or after January 1, 2020.
TITLE III--BURIAL BENEFITS AND OTHER MATTERS
SEC. 301. EXPANSION OF ELIGIBILITY FOR HEADSTONES, MARKERS,
AND MEDALLIONS.
Section 2306(d) is amended--
(1) by striking paragraph (4) and inserting the following
new paragraph:
``(4)(A) In lieu of furnishing a headstone or marker under
this subsection to a deceased individual described in
subparagraph (B), the Secretary may furnish, upon request, a
medallion or other device of a design determined by the
Secretary to signify the deceased individual's status as a
veteran, to be attached to a headstone or marker furnished at
private expense.
``(B) A deceased individual described in this subsection is
an individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
and
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for the date
of the death of the individual).''; and
(2) by adding at the end the following new paragraph:
``(5)(A) In carrying out this subsection with respect to a
deceased individual described in subparagraph (C), the
Secretary shall furnish, upon request, a headstone or marker
under paragraph (1) or a medallion under paragraph (4) that
signifies the deceased's status as a medal of honor
recipient.
``(B) If the Secretary furnished a headstone, marker, or
medallion under paragraph (1) or (4) for a deceased
individual described in subparagraph (C) that does not
signify the deceased's status as a medal of honor recipient,
the Secretary shall, upon request, replace such headstone,
marker, or medallion with a headstone, marker, or medallion,
as the case may be, that so signifies the deceased's status
as a medal of honor recipient.
``(C) A deceased individual described in this subparagraph
is a deceased individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under paragraph
(4) (or would be so eligible for such headstone, marker, or
medallion but for the date of the death of the individual);
and
``(iii) was awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title 14
(including posthumously).
``(D) In this paragraph, the term `medal of honor
recipient' means an individual who is awarded the medal of
honor under section 3741, 6241, or 8741 of title 10 or
section 491 of title 14.''.
SEC. 302. EXPANSION OF PRESIDENTIAL MEMORIAL CERTIFICATE
PROGRAM.
(a) In General.--Section 112(a) is amended by striking
``veterans,'' and all that follows through ``service,'' and
inserting the following: ``persons eligible for burial in a
national cemetery by reason of any of paragraphs (1), (2),
(3), or (7) of section 2402(a) of this title,''.
(b) Application.--The amendment made by subsection (a)
shall apply with respect to the death of a person eligible
for burial in a national cemetery by reason of paragraph (1),
(2), (3), or (7) of section 2402(a) of title 38, United
States Code, occurring before, on, or after the date of the
enactment of this Act.
SEC. 303. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS
RELATING TO BURIAL OF UNCLAIMED REMAINS OF
VETERANS IN NATIONAL CEMETERIES.
(a) Study and Report Required.--Not later than one year
after the effective date specified in subsection (d), the
Secretary of Veterans Affairs shall--
(1) complete a study on matters relating to the interring
of unclaimed remains of veterans in national cemeteries under
the control of the National Cemetery Administration; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary
with respect to the study required under paragraph (1).
(b) Matters Studied.--The matters studied under subsection
(a)(1) shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for working with persons or
entities having custody of unclaimed remains to facilitate
interment of unclaimed remains of veterans in national
cemeteries under the control of the National Cemetery
Administration.
[[Page H7226]]
(3) Assessing State and local laws that affect the ability
of the Secretary to inter unclaimed remains of veterans in
national cemeteries under the control of the National
Cemetery Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number
of unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as
the Secretary considers appropriate, including a subset of
funeral homes and coroner offices that possess unclaimed
veterans remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), the Secretary may
assess such sample of applicable State and local laws as the
Secretary considers appropriate in lieu of reviewing all
applicable State and local laws.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 304. STUDY ON PROVISION OF INTERMENTS IN VETERANS'
CEMETERIES DURING WEEKENDS.
(a) Study.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a study on the feasibility and the need for providing
increased interments in veterans' cemeteries on Saturdays and
Sundays to meet the needs of surviving family members to
properly honor the deceased.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) The number of requests made for interments in veterans'
cemeteries on a Saturday or a Sunday since January 1, 2007.
(B) The number of requests identified under subparagraph
(A) that were granted.
(C) An estimate of the number of families that, since
January 1, 2007, would have selected a weekend interment if
such an interment would have been offered.
(D) A review of the practices relating to weekend
interments among non-veterans' cemeteries, including private
and municipal cemeteries.
(E) A comparison of the costs to veterans' cemeteries with
respect to providing regular interments only during weekdays
and such costs for providing regular interments during the
weekdays and at least one weekend day.
(F) Any other information the Secretary determines
appropriate.
(3) Consultation.--In carrying out the study under
paragraph (1), the Secretary shall consult with the
following:
(A) Veterans who are eligible to be interred in a veterans'
cemetery.
(B) Family members of a deceased individual interred in a
veterans' cemetery.
(C) Veterans service organizations.
(D) Associations representing cemetery and funeral home
professionals.
(E) The heads of agencies of State governments relating to
veterans affairs.
(F) The directors of the veterans' cemeteries.
(G) Any other person the Secretary determines appropriate.
(b) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the study
conducted under subsection (a).
(c) Veterans' Cemeteries Defined.--In this section, the
term ``veterans' cemeteries'' means the cemeteries of the
National Cemetery Administration, veterans' cemeteries owned
by a State, and veterans' cemeteries owned by a tribal
organization.
SEC. 305. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED
SERVICE IN THE RESERVE COMPONENTS OF THE ARMED
FORCES.
Any person who is entitled under chapter 1223 of title 10,
United States Code, to retired pay for nonregular service or,
but for age, would be entitled under such chapter to retired
pay for nonregular service shall be honored as a veteran but
shall not be entitled to any benefit by reason of this honor.
TITLE IV--EDUCATIONAL ASSISTANCE AND VOCATIONAL REHABILITATION
SEC. 401. 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) 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, as redesignated by subsection (b)(2), is
amended by striking ``that paragraph'' and inserting
``paragraph (9) of subsection (b)''.
SEC. 402. 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) is amended by adding at
the end the following new sentences: ``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. 403. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION
SERVICES BASED ON NEED.
Section 3104, as amended by section 402, 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 the Committees on Veterans' Affairs of the
Senate and House of Representatives a plan describing such
changes.''.
SEC. 404. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter III of chapter 33 is amended--
(1) in section 3325(c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the information received by the Secretary under
section 3326 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3326. Report on student progress
``As a condition of approval under chapter 36 of this title
of a course offered by an educational institution (as defined
in section 3452 of this title), each year, each educational
institution (as so defined) that received a payment in that
year on behalf of an individual entitled to educational
assistance under this chapter shall submit to the Secretary
such information regarding the academic progress of the
individual as the Secretary may require.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3326. Report on student progress.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 405. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS
FOR POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33, as amended
by section 404, is further amended by adding at the end the
following new section:
``Sec. 3327. 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 this 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;
[[Page H7227]]
``(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 of
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 subsection 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 of 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 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 Post-9/11 Educational 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 as a monthly stipend
payable under paragraph (1)(B) of section 3313(c) of 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
chapter 30 of this title 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 paragraphs (2)
through (7) 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 Specialty 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, 2017, 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, as amended by section 404, is
further amended by adding at the end the following new item:
``3327. 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. 406. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ``June 30, 2013''
each place it appears and inserting ``June 30, 2013, or the
period beginning on June 30, 2017, and ending on June 30,
2022''.
SEC. 407. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY
CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF
EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3684(a) 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. 408. ROLE OF STATE APPROVING AGENCIES.
(a) Approval of Certain Courses.--Section 3672(b)(2)(A) 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
[[Page H7228]]
for purposes of this chapter if a State approving agency, or
the Secretary when acting in the role of 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)--
(A) in the matter preceding paragraph (1), by striking
``the Secretary or the State approving agency'' and inserting
``the State approving agency, or the Secretary when acting in
the role of a State approving agency,''; and
(B) in paragraph (1), by striking ``the Secretary or the
State approving agency'' and inserting ``the State approving
agency, or the Secretary when acting in the role of a State
approving agency''.
SEC. 409. MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR
PURPOSES OF EDUCATIONAL ASSISTANCE PROVIDED BY
DEPARTMENT OF VETERANS AFFAIRS OF PROGRAMS
DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE
OR CERTIFICATION.
(a) Approval of Nonaccredited Courses.--Subsection (c) of
section 3676 is amended--
(1) by redesignating paragraph (14) as paragraph (16); and
(2) by inserting after paragraph (13) the following new
paragraphs:
``(14) In the case of a course designed to prepare an
individual for licensure or certification in a State, the
course--
``(A) meets all instructional curriculum licensure or
certification requirements of such State; and
``(B) in the case of a course designed to prepare an
individual for licensure to practice law in a State, is
accredited by an accrediting agency or association recognized
by the Secretary of Education under subpart 2 of part H of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1099b).
``(15) In the case of a course designed to prepare an
individual for employment pursuant to standards developed by
a board or agency of a State in an occupation that requires
approval, licensure, or certification, the course--
``(A) meets such standards; and
``(B) in the case of a course designed to prepare an
individual for licensure to practice law in a State, is
accredited by an accrediting agency or association recognized
by the Secretary of Education under subpart 2 of part H of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1099b).''.
(b) Exceptions.--Such section is further amended by adding
at the end the following new subsection:
``(f)(1) The Secretary may waive the requirements of
paragraph (14) or (15) of subsection (c) in the case of a
course of education offered by an educational institution
(either accredited or not accredited) if the Secretary
determines all of the following:
``(A) The educational institution is not accredited by an
agency or association recognized by the Secretary of
Education.
``(B) The course did not meet the requirements of such
paragraph at any time during the two-year period preceding
the date of the waiver.
``(C) The waiver furthers the purposes of the educational
assistance programs administered by the Secretary or would
further the education interests of individuals eligible for
assistance under such programs.
``(D) The educational institution does not provide any
commission, bonus, or other incentive payment based directly
or indirectly on success in securing enrollments or financial
aid to any persons or entities engaged in any student
recruiting or admission activities or in making decisions
regarding the award of student financial assistance, except
for the recruitment of foreign students residing in foreign
countries who are not eligible to receive Federal student
assistance.
``(2) Not later than 30 days after the date on which the
Secretary issues a waiver under paragraph (1), the Secretary
shall submit to Congress notice of such waiver and a
justification for issuing such waiver.''.
(c) Approval of Accredited Courses.--Section 3675(b)(3) is
amended--
(1) by striking ``and (3)'' and inserting ``(3), (14),
(15), and (16)''; and
(2) by inserting before the period at the end the
following: ``(or, with respect to such paragraphs (14) and
(15), the requirements under such paragraphs are waived
pursuant to subsection (f)(1) of section 3676 of this
title)''.
(d) Approval of Accredited Standard College Degree Programs
Offered at Public or Not-For-Profit Educational
Institutions.--Section 3672(b)(2) is amended--
(1) in subparagraph (A)(i), by striking ``An accredited''
and inserting ``Except as provided in subparagraph (C), an
accredited''; and
(2) by adding at the end the following new subparagraph:
``(C) A course that is described in both subparagraph
(A)(i) of this paragraph and in paragraph (14) or (15) of
section 3676(c) of this title shall not be deemed to be
approved for purposes of this chapter unless--
``(i) a State approving agency, or the Secretary when
acting in the role of a State approving agency, determines
that the course meets the applicable criteria in such
paragraphs; or
``(ii) the Secretary issues a waiver for such course under
section 3676(f)(1) of this title.''.
(e) Disapproval of Courses.--Section 3679 is amended by
adding at the end the following new subsection:
``(d) Notwithstanding any other provision of this chapter,
the Secretary or the applicable State approving agency shall
disapprove a course of education described in paragraph (14)
or (15) of section 3676(c) of this title unless the
educational institution providing the course of education--
``(1) publicly discloses any conditions or additional
requirements, including training, experience, or
examinations, required to obtain the license, certification,
or approval for which the course of education is designed to
provide preparation; and
``(2) makes each disclosure required by paragraph (1) in a
manner that the Secretary considers prominent (as specified
by the Secretary in regulations prescribed for purposes of
this subsection).''.
(f) Applicability.--If after enrollment in a course of
education that is subject to disapproval by reason of an
amendment made by this section, an individual pursues one or
more courses of education at the same educational institution
while remaining continuously enrolled (other than during
regularly scheduled breaks between courses, semesters, or
terms) at that institution, any course so pursued by the
individual at that institution while so continuously enrolled
shall not be subject to disapproval by reason of such
amendment.
SEC. 410. CRITERIA USED TO APPROVE COURSES.
(a) Nonaccredited Courses.--Paragraph (16) of section
3676(c), as redesignated by section 409, 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) 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 (16) 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. 411. COMPLIANCE SURVEYS.
(a) In General.--Section 3693 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 meanings 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''.
[[Page H7229]]
SEC. 412. MODIFICATION OF REDUCTIONS IN REPORTING FEE
MULTIPLIERS FOR PAYMENTS BY SECRETARY OF
VETERANS AFFAIRS TO EDUCATIONAL INSTITUTIONS.
(a) Through September 25, 2017.--During the period
beginning on the date of the enactment of this Act and ending
on September 25, 2017, the second sentence of section 3684(c)
of title 38, United States Code, shall be applied--
(1) by substituting ``$6'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(b) September 26, 2017, Through September 25, 2026.--During
the period beginning on September 26, 2017, and ending on
September 25, 2026, the second sentence of such section shall
be applied--
(1) by substituting ``$7'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(c) Conforming Amendment.--Section 406 of the Department of
Veterans Affairs Expiring Authorities Act of 2014 (Public Law
113-175; 38 U.S.C. 3684 note), as amended by the Department
of Veterans Affairs Expiring Authorities Act of 2016, is
amended by striking ``During the three-year period beginning
on the date of the enactment of this Act'' and inserting
``During the period beginning on the date of the enactment of
this Act and ending on the day before the date of the
enactment of the Jeff Miller and Richard Blumenthal Veterans
Health Care and Benefits Improvement Act of 2016''.
SEC. 413. COMPOSITION OF VETERANS' ADVISORY COMMITTEE ON
EDUCATION.
Section 3692(a) is amended in the second sentence by
striking ``veterans representative of World War II'' and all
that follows through the period at the end of that sentence
and inserting the following: ``a representative sample of
veterans and other individuals who have used, or may in the
future use, educational assistance benefits administered by
the Secretary.''.
SEC. 414. 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--
(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
survey.
SEC. 415. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF
INFORMATION ON ARTICULATION AGREEMENTS BETWEEN
INSTITUTIONS OF HIGHER LEARNING.
(a) Information.--Department of Veterans Affairs counselors
who provide educational or vocational counseling services
pursuant to section 3697A of title 38, United States Code,
shall provide to any eligible individual who requests such
counseling services information about the articulation
agreements of each institution of higher learning in which
the individual is interested.
(b) Certification of Eligibility.--When the Secretary of
Veterans Affairs provides to an individual a certification of
eligibility for educational assistance provided by the
Department of Veterans Affairs, the Secretary shall also
include detailed information on such educational assistance,
including information on requesting education counseling
services and on articulation agreements.
(c) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given such term in section 3452(f) of title 38,
United States Code.
(2) The term ``articulation agreement'' has the meaning
given such term in section 486A of the Higher Education Act
of 1965 (Public Law 89-329; 20 U.S.C. 1093a).
(d) Deadline for Implementation.--The Secretary of Veterans
Affairs shall implement this section not later than 90 days
after the date of the enactment of this Act.
SEC. 416. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
DURING CERTAIN ADDITIONAL PERIODS OF ACTIVE
DUTY.
(a) Educational Assistance Allowance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended
by striking ``or 12304'' and inserting ``12304, 12304a, or
12304b''.
(b) Expiration Date.--Section 16133(b)(4) of such title is
amended by striking ``or 12304'' and inserting ``12304,
12304a, or 12304b''.
SEC. 417. 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.--Subparagraph (B) of section
3679(c)(2) is amended to read as follows:
``(B) An individual who is entitled to assistance under--
``(i) section 3311(b)(9) of this title; or
``(ii) section 3319 of this title by virtue of the
individual's relationship to--
``(I) a veteran described in subparagraph (A); or
``(II) a member of the uniformed services described in
section 3319(b) of this title who is serving on active
duty.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to a course, semester, or term that
begins after July 1, 2017.
SEC. 418. STUDY ON THE EFFECTIVENESS OF VETERANS TRANSITION
EFFORTS.
(a) Study.--The Secretary of Veterans Affairs, in
coordination with the Secretary of Labor and the Secretary of
Defense, shall carry out a study to evaluate programs to
assist veterans of the Armed Forces in their transition to
civilian life. Such study shall be designed to determine the
effectiveness of current programs, especially in regards to
the unique challenges faced by women veterans, veterans with
disabilities, Native American veterans (including Alaska
Native veterans and Native Hawaiian veterans), veterans who
are residents of a territory of the United States, veterans
who are part of the indigenous population of a territory of
the United States, and other groups of minority veterans
identified by the Secretaries, including whether such
programs--
(1) effectively address the challenges veterans face in
pursuing higher education, especially the challenges faced by
such groups of minority veterans;
[[Page H7230]]
(2) effectively address the challenges such veterans face
entering the civilian workforce and in translating experience
and skills from military service to the job market; and
(3) effectively address the challenges faced by the
families of such veterans transitioning to civilian life.
(b) Report.--Not later than 540 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report regarding the
findings and recommendations of the study required under
subsection (a).
(c) Prohibition on Authorization of Appropriations.--No
additional funds are authorized to carry out the requirements
of this section. Such requirements shall be carried out using
amounts otherwise authorized.
TITLE V--SMALL BUSINESS AND EMPLOYMENT MATTERS
SEC. 501. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS
AND PREFERENCES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subsection (h) of section 8127 is
amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a veteran with a
service-connected disability rated as 100 percent disabling
or who dies as a result of a service-connected disability, is
10 years after the date of the veteran's death; or
``(ii) in the case of a surviving spouse of a veteran with
a service-connected disability rated as less than 100 percent
disabling who does not die as a result of a service-connected
disability, is three years after the date of the veteran's
death.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act and shall apply with respect to
contracts awarded on or after such date.
SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND
PLACEMENT SERVICE FOR VETERANS.
(a) In General.--Chapter 41 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 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
program 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) Whether such individual had contact with a One-Stop
Career Center employee while attending a workshop or job fair
under the Transition GPS Program of the Department of
Defense.
``(P) Demographic information about such individual.
``(Q) Such other information as the Secretary determines
appropriate.
``(b) Annual Report.--(1) By not later than July 1 of each
year covered by the study required under subsection (a), the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the outcomes of the
study during the preceding year.
``(2) The Secretary shall include in each report submitted
under paragraph (1) the following:
``(A) Information with respect to job fairs attended by
One-Stop Career Center employees at which the employees had
contact with a veteran, including, for the year preceding the
year in which the report is submitted, the following:
``(i) The number of job fairs attended by One-Stop Career
Center employees at which the employees had contact with a
veteran.
``(ii) The number of veterans contacted at each such job
fair.
``(B) Such information as 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. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Limitation.--
(1) In general.--Chapter 7 is amended by inserting after
section 715 the following new section:
``Sec. 717. Limitation on administrative leave
``(a) In General.--Except as provided in subsection (b),
the Secretary may not place any covered individual on
administrative leave, or any other type of paid non-duty
status without charge to leave, for more than a total of 14
days during any 365-day period.
``(b) Waiver.--The Secretary may waive the limitation under
subsection (a) and extend the administrative leave or other
paid non-duty status without charge to leave of a covered
individual placed on such leave or status under subsection
(a) if the Secretary submits to the Committees on Veterans'
Affairs of the Senate and House of Representatives a detailed
explanation of the reasons the individual was placed on
administrative leave or other paid non-duty status without
charge to leave and the reasons for the extension of such
leave or status. Such explanation shall include the job title
and grade of the covered individual and the location where
the individual is employed.
``(c) Covered Individual.--In this section, the term
`covered individual' means an employee of the Department--
``(1) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(2) against whom any disciplinary action is proposed or
initiated under this title or title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 715 the following new item:
``717. Limitation on administrative leave.''.
(b) Application.--Section 717 of title 38, United States
Code, as added by subsection (a)(1), shall apply with respect
to any 365-day period beginning on or after the date of
enactment of this Act.
SEC. 504. REQUIRED COORDINATION BETWEEN DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING WITH STATE
DEPARTMENTS OF LABOR AND VETERANS AFFAIRS.
(a) In General.--Section 4103 is amended by adding at the
end the following new subsection:
``(c) Coordination With State Departments of Labor and
Veterans Affairs.--Each Director for Veterans' Employment and
Training for a State shall coordinate the Director's
activities under this chapter with the State department of
labor and the State department of veterans affairs.''.
(b) Effective Date.--Subsection (c) of such section, as
added by subsection (a), shall take effect on the date that
is one year after the date of the enactment of this Act.
TITLE VI--HEALTH CARE MATTERS
Subtitle A--Medical Care
SEC. 601. REQUIREMENT FOR ADVANCE APPROPRIATIONS FOR THE
MEDICAL COMMUNITY CARE ACCOUNT OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 117(c) is amended by adding at the
end the following new paragraph:
``(7) Veterans Health Administration, Medical Community
Care.''.
(b) Conforming Amendment.--Section 1105(a)(37) of title 31,
United States Code, is amended by adding at the end the
following new subparagraph:
``(G) Veterans Health Administration, Medical Community
Care.''.
(c) Applicability.--The amendments made by this section
shall apply to fiscal years beginning on and after October 1,
2017.
[[Page H7231]]
SEC. 602. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR
VETERANS.
(a) Inclusion of Recommended Adult Immunizations as Medical
Services.--
(1) Covered benefit.--Subparagraph (F) of section 1701(9)
is amended to read as follows:
``(F) immunizations against infectious diseases, including
each immunization on the recommended adult immunization
schedule at the time such immunization is indicated on that
schedule;''.
(2) Recommended adult immunization schedule defined.--
Section 1701 is amended by adding at the end the following
new paragraph:
``(10) The term `recommended adult immunization schedule'
means the schedule established (and periodically reviewed
and, as appropriate, revised) by the Advisory Committee on
Immunization Practices established by the Secretary of Health
and Human Services and delegated to the Centers for Disease
Control and Prevention.''.
(b) Inclusion of Recommended Adult Immunizations in Annual
Report.--Section 1704(1)(A) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) to provide veterans each immunization on the
recommended adult immunization schedule at the time such
immunization is indicated on that schedule.''.
(c) Report to Congress.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the development and
implementation by the Department of Veterans Affairs of
quality measures and metrics, including targets for
compliance, to ensure that veterans receiving medical
services under chapter 17 of title 38, United States Code,
receive each immunization on the recommended adult
immunization schedule at the time such immunization is
indicated on that schedule.
(2) Recommended adult immunization schedule defined.--In
this subsection, the term ``recommended adult immunization
schedule'' has the meaning given that term in section
1701(10) of title 38, United States Code, as added by
subsection (a)(2).
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require a
veteran to receive an immunization that the veteran does not
want to receive.
SEC. 603. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH
CARE SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Enrollment Priority.--
(1) In general.--Section 1705(a) is amended--
(A) 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
(B) 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,''.
(2) Application.--The priority of enrollment of medal of
honor recipients in the system of annual patient enrollment
established and operated under section 1705(a) of such title,
as amended by paragraph (1), shall apply to each such
recipient, regardless of the date on which the medal is
awarded.
(b) Eligibility.--Section 1710(a)(2)(D) 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) 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) 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.''.
SEC. 604. REQUIREMENT THAT DEPARTMENT OF VETERANS AFFAIRS
COLLECT HEALTH-PLAN CONTRACT INFORMATION FROM
VETERANS.
(a) In General.--Subchapter I of chapter 17 is amended by
inserting after section 1705 the following new section:
``Sec. 1705A. Management of health care: information
regarding health-plan contracts
``(a) In General.--(1) Any individual who seeks hospital
care or medical services under this chapter shall provide to
the Secretary such current information as the Secretary may
require to identify any health-plan contract under which such
individual is covered.
``(2) The information required to be provided to the
Secretary under paragraph (1) with respect to a health-plan
contract shall include, as applicable, the following:
``(A) The name of the entity providing coverage under the
health-plan contract.
``(B) If coverage under the health-plan contract is in the
name of an individual other than the individual required to
provide information under this section, the name of the
policy holder of the health-plan contract.
``(C) The identification number for the health-plan
contract.
``(D) The group code for the health-plan contract.
``(b) Action To Collect Information.--The Secretary may
take such action as the Secretary considers appropriate to
collect the information required under subsection (a).
``(c) Effect on Services From Department.--The Secretary
may not deny any services under this chapter to an individual
solely due to the fact that the individual fails to provide
information required under subsection (a).
``(d) Health-Plan Contract Defined.--In this section, the
term `health-plan contract' has the meaning given that term
in section 1725(f) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 is amended by inserting after the
item relating to section 1705 the following new item:
``1705A. Management of health care: information regarding health-plan
contracts.''.
SEC. 605. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED IN
CLASSIFIED MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that
veterans who experience combat-related mental health wounds
should have immediate, appropriate, and consistent access to
comprehensive mental health care.
(b) In General.--Subchapter II of chapter 17 is amended by
adding at the end the following new section:
``Sec. 1720H. Mental health treatment for veterans who served
in classified missions
``(a) Establishment of Standards.--(1) The Secretary shall
establish standards and procedures to ensure that each
eligible veteran may access mental health care furnished by
the Secretary in a manner that fully accommodates the
obligation of the veteran to not improperly disclose
classified information.
``(2) In establishing standards and procedures under
paragraph (1), the Secretary shall consult with the Secretary
of Defense to ensure that such standards and procedures are
consistent with the policies on classified information of the
Department of Defense.
``(3) The Secretary shall disseminate guidance to employees
of the Veterans Health Administration, including mental
health professionals, on the standards and procedures
established under paragraph (1) and how to best engage
eligible veterans during the course of mental health
treatment with respect to classified information.
``(b) Identification.--In carrying out this section, the
Secretary shall ensure that a veteran may elect to identify
as an eligible veteran on an appropriate form.
``(c) Definitions.--In this section:
``(1) The term `classified information' means any
information or material that has been determined by an
official of the United States pursuant to law to require
protection against unauthorized disclosure for reasons of
national security.
``(2) The term `eligible veteran' means a veteran who--
``(A) is eligible to receive health care furnished by the
Department under this title;
``(B) is seeking mental health treatment; and
``(C) in the course of serving in the Armed Forces,
participated in a sensitive mission or served in a sensitive
unit.
``(3) The term `sensitive mission' means a mission of the
Armed Forces that, at the time at which an eligible veteran
seeks treatment, is classified.
``(4) The term `sensitive unit' has the meaning given that
term in section 130b(c)(4) of title 10.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1720G the following new item:
``1720H. Mental health treatment for veterans who served in classified
missions.''.
SEC. 606. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS
AFFAIRS FOR EMERGENCY MEDICAL CONDITIONS AND
WOMEN IN LABOR.
(a) In General.--Subchapter VIII of chapter 17 is amended
by inserting after section 1784 the following new section:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor
``(a) In General.--In the case of a hospital of the
Department that has an emergency department, if any
individual comes to the hospital or the campus of the
hospital and a request is made on behalf of the individual
for examination or treatment for a medical condition, the
hospital must provide for an appropriate medical screening
examination within the capability of the emergency
department, including ancillary services routinely available
to the emergency department, to determine whether or not an
emergency medical condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If any individual comes to a
hospital of the Department that has an emergency department
or the campus of such a hospital and the hospital determines
that
[[Page H7232]]
the individual has an emergency medical condition, the
hospital must provide either--
``(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for transfer of the individual to another medical
facility in accordance with subsection (c).
``(2) A hospital is deemed to meet the requirement of
paragraph (1)(A) with respect to an individual if the
hospital offers the individual the further medical
examination and treatment described in that paragraph and
informs the individual (or a person acting on behalf of the
individual) of the risks and benefits to the individual of
such examination and treatment, but the individual (or a
person acting on behalf of the individual) refuses to consent
to the examination and treatment. The hospital shall take all
reasonable steps to secure the written informed consent of
the individual (or person) to refuse such examination and
treatment.
``(3) A hospital is deemed to meet the requirement of
paragraph (1)(B) with respect to an individual if the
hospital offers to transfer the individual to another medical
facility in accordance with subsection (c) and informs the
individual (or a person acting on behalf of the individual)
of the risks and benefits to the individual of such transfer,
but the individual (or a person acting on behalf of the
individual) refuses to consent to the transfer. The hospital
shall take all reasonable steps to secure the written
informed consent of the individual (or person) to refuse such
transfer.
``(c) Restricting Transfers Until Individual Stabilized.--
(1) If an individual at a hospital of the Department has an
emergency medical condition that has not been stabilized, the
hospital may not transfer the individual unless--
``(A)(i) the individual (or a legally responsible person
acting on behalf of the individual), after being informed of
the obligations of the hospital under this section and of the
risk of transfer, requests, in writing, transfer to another
medical facility;
``(ii) a physician of the Department has signed a
certification that, based upon the information available at
the time of transfer, the medical benefits reasonably
expected from the provision of appropriate medical treatment
at another medical facility outweigh the increased risks to
the individual and, in the case of labor, to the unborn child
from effecting the transfer; or
``(iii) if a physician of the Department is not physically
present in the emergency department at the time an individual
is transferred, a qualified medical person (as defined by the
Secretary for purposes of this section) has signed a
certification described in clause (ii) after a physician of
the Department, in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
``(B) the transfer is an appropriate transfer to that
facility.
``(2) A certification described in clause (ii) or (iii) of
paragraph (1)(A) shall include a summary of the risks and
benefits upon which the certification is based.
``(3) For purposes of paragraph (1)(B), an appropriate
transfer to a medical facility is a transfer--
``(A) in which the transferring hospital provides the
medical treatment within its capacity that minimizes the
risks to the health of the individual and, in the case of a
woman in labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified personnel for the
treatment of the individual; and
``(ii) has agreed to accept transfer of the individual and
to provide appropriate medical treatment;
``(C) in which the transferring hospital sends to the
receiving facility all medical records (or copies thereof)
available at the time of the transfer relating to the
emergency medical condition for which the individual has
presented, including--
``(i) observations of signs or symptoms;
``(ii) preliminary diagnosis;
``(iii) treatment provided;
``(iv) the results of any tests; and
``(v) the informed written request or certification (or
copy thereof) provided under paragraph (1)(A);
``(D) in which the transfer is effected through qualified
personnel and transportation equipment, including the use of
necessary and medically appropriate life support measures
during the transfer; and
``(E) that meets such other requirements as the Secretary
considers necessary in the interest of the health and safety
of the individual or individuals transferred.
``(d) Payment to the Department.--The Secretary shall
charge for any care or services provided under this section
in accordance with billing and reimbursement authorities
available to the Secretary under other provisions of law.
``(e) Definitions.--In this section:
``(1) The term `campus' means, with respect to a hospital
of the Department--
``(A) the physical area immediately adjacent to the main
buildings of the hospital;
``(B) other areas and structures that are not strictly
contiguous to the main buildings but are located not more
than 250 yards from the main buildings; and
``(C) any other areas determined by the Secretary to be
part of the campus of the hospital.
``(2) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could
reasonably be expected to result in--
``(i) placing the health of the individual (or, with
respect to a pregnant woman, the health of the woman or her
unborn child) in serious jeopardy;
``(ii) serious impairment to bodily functions; or
``(iii) serious dysfunction of any bodily organ or part; or
``(B) in the case of a pregnant woman, a stage of labor
that a medical provider determines indicates--
``(i) that there is inadequate time to effect a safe
transfer to another hospital before delivery; or
``(ii) that transfer may pose a threat to the health or
safety of the woman or the unborn child.
``(3)(A) The term `to stabilize' means--
``(i) with respect to an emergency medical condition
described in paragraph (2)(A), to provide such medical
treatment of the condition as may be necessary to assure,
within reasonable medical probability, that no material
deterioration of the condition is likely to result from or
occur during the transfer of the individual from a facility;
or
``(ii) with respect to an emergency medical condition
described in paragraph (2)(B), to deliver (including the
placenta).
``(B) The term `stabilized' means--
``(i) with respect to an emergency medical condition
described in paragraph (2)(A), that no material deterioration
of the condition is likely, within reasonable medical
probability, to result from or occur during the transfer of
the individual from a facility; or
``(ii) with respect to an emergency medical condition
described in paragraph (2)(B), that the woman has delivered
(including the placenta).
``(4) The term `transfer' means the movement (including the
discharge) of an individual outside the facilities of a
hospital of the Department at the direction of any person
employed by (or affiliated or associated, directly or
indirectly, with) the hospital, but does not include such a
movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the permission of any
such person.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 is amended by inserting after the
item relating to section 1784 the following new item:
``1784A. Examination and treatment for emergency medical conditions and
women in labor.''.
Subtitle B--Veterans Health Administration
SEC. 611. TIME PERIOD COVERED BY ANNUAL REPORT ON
READJUSTMENT COUNSELING SERVICE.
Section 7309(e)(1) is amended by striking ``calendar year''
and inserting ``fiscal year''.
SEC. 612. ANNUAL REPORT ON VETERANS HEALTH ADMINISTRATION AND
FURNISHING OF HOSPITAL CARE, MEDICAL SERVICES,
AND NURSING HOME CARE.
(a) In General.--Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7330B. Annual report on Veterans Health Administration
and furnishing of hospital care, medical services, and
nursing home care
``(a) Report Required.--Not later than March 1 of each of
years 2018 through 2022, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on, for the calendar year preceding
the calendar year during which the report is submitted--
``(1) the furnishing of hospital care, medical services,
and nursing home care under the laws administered by the
Secretary; and
``(2) the administration of the furnishing of such care and
services by the Veterans Health Administration.
``(b) Elements.--Each report required by subsection (a)
shall include each of the following for the year covered by
the report:
``(1) An evaluation of the effectiveness of the Veterans
Health Administration in increasing the access of veterans to
hospital care, medical services, and nursing home care
furnished by the Secretary for which such veterans are
eligible.
``(2) An evaluation of the effectiveness of the Veterans
Health Administration in improving the quality of health care
provided to veterans, without increasing the costs incurred
for such health care by the Federal Government or veterans,
including relevant information for each medical center and
Veterans Integrated Service Network of the Department set
forth separately.
``(3) An assessment of--
``(A) the workload of physicians and other employees of the
Veterans Health Administration;
``(B) patient demographics and utilization rates;
``(C) physician compensation;
``(D) the productivity of physicians and other employees of
the Veterans Health Administration;
``(E) the percentage of hospital care, medical services,
and nursing home care provided to veterans in facilities of
the Department and in non-Department facilities and
[[Page H7233]]
any changes in such percentages compared to the year
preceding the year covered by the report;
``(F) pharmaceutical prices; and
``(G) third-party health billings owed to the Department,
including the total amount of such billings and the total
amount collected by the Department, set forth separately for
claims greater than $1,000 and for claims equal to or less
than $1,000.
``(c) Definitions.--In this section, the terms `hospital
care', `medical services', `nursing home care', `facilities
of the Department', and `non-Department facilities' have the
meanings given those terms in section 1701 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the
item relating to section 7330A the following new item:
``7330B. Annual report on Veterans Health Administration and furnishing
of hospital care, medical services, and nursing home
care.''.
SEC. 613. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL
HEALTH COUNSELORS OF THE DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE DOCTORAL DEGREES.
Section 7402(b)(11)(A) is amended by inserting ``or
doctoral degree'' after ``master's degree''.
SEC. 614. MODIFICATION OF HOURS OF EMPLOYMENT FOR PHYSICIANS
EMPLOYED BY THE DEPARTMENT OF VETERANS AFFAIRS.
Section 7423(a) of title 38, United States Code, is
amended--
(1) by striking ``(a) The hours'' and inserting ``(a)(1)
Except as provided in paragraph (2), the hours''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Upon the advance written request of a covered
physician, the Secretary may modify the hours of employment
for a physician appointed in the Administration under any
provision of this chapter on a full-time basis to be more or
less than 80 hours in a biweekly pay period, subject to the
requirements in subparagraph (B). For the purpose of
determining pay, such a physician shall be deemed to have a
biweekly schedule of 80 hours of employment.
``(B) A physician with an irregular work schedule
established under subparagraph (A) shall be obligated to
account for at least 2,080 hours of employment (through
performance of work or use of leave or paid time off) in a
calendar year.
``(C) The Secretary may prescribe regulations to implement
this paragraph, including regulations making adjustments to
address the annual hours requirement for physicians who are
covered by this paragraph for only a portion of a calendar
year.''.
SEC. 615. REPEAL OF COMPENSATION PANELS TO DETERMINE MARKET
PAY FOR PHYSICIANS AND DENTISTS.
Section 7431(c) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively; and
(3) in paragraph (6), as so redesignated, by striking
``under paragraph (6)'' and inserting ``under paragraph
(5)''.
SEC. 616. CLARIFICATION REGARDING LIABILITY FOR BREACH OF
AGREEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM.
Section 7675(b)(1)(E) is amended by striking ``In the case
of a participant who is a part-time student, the'' and
inserting ``The''.
SEC. 617. EXTENSION OF PERIOD FOR INCREASE IN GRADUATE
MEDICAL EDUCATION RESIDENCY POSITIONS AT
MEDICAL FACILITIES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Paragraph (2) of section 301(b) of the
Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 7302 note) is amended--
(1) in the paragraph heading, by striking ``Five-year'' and
inserting ``Ten-year''; and
(2) in subparagraph (A), by striking ``5-year period'' and
inserting ``10-year period''.
(b) Report.--Paragraph (3)(A) of such section is amended by
striking ``2019'' and inserting ``2024''.
SEC. 618. REPORT ON PUBLIC ACCESS TO RESEARCH BY DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Not later than each of 180 days and one
year after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
increasing public access to scientific publications and
digital data from research funded by the Department of
Veterans Affairs.
(b) Elements.--Each report submitted under subsection (a)
shall include the following:
(1) An identification of the location or locations in which
the public will be able to access the results of research
funded by the Department, whether on an Internet website of
the Department or through another source.
(2) A description of the progress made by the Department in
meeting public access requirements set forth in the notice
entitled ``Policy and Implementation Plan for Public Access
to Scientific Publications and Digital Data from Research
Funded by the Department of Veterans Affairs'' (80 Fed. Reg.
60751), including the following:
(A) Compliance of Department investigators with
requirements relating to ensuring that research funded by the
Department is accessible by the public.
(B) Ensuring data management plans of the Department
include provisions for long-term preservation of the
scientific data resulting from research funded by the
Department.
(3) An explanation of the factors used to evaluate the
merit of data management plans of research funded by the
Veterans Health Administration.
(4) An explanation of the process of the Department in
effect that enables stakeholders to petition a change to the
embargo period for a specific field and the factors
considered during such process.
SEC. 619. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY
PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs may
carry out the following major medical facility projects, with
each project to be carried out in an amount not to exceed the
amount specified for that project:
(1) Seismic, life safety, and utilities upgrades and
expansion of clinical services in Reno, Nevada, in an amount
not to exceed $213,800,000.
(2) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $317,300,000.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2017 or the year in which funds are appropriated
for the Construction, Major Projects, account $531,100,000
for the projects authorized in subsection (a).
(c) Limitation.--The projects authorized in subsection (a)
may only be carried out using--
(1) funds appropriated for fiscal year 2017 or the year in
which funds are appropriated for the Construction, Major
Projects, account pursuant to the authorization of
appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2017 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2017 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2017 for a category of activity not specific
to a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2017 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2017 for a category of
activity not specific to a project.
Subtitle C--Toxic Exposure
SEC. 631. DEFINITIONS.
In this subtitle:
(1) Armed forces.--The term ``Armed Forces'' means the
United States Army, Navy, Marine Corps, Air Force, and Coast
Guard.
(2) Descendant.--The term ``descendant'' means, with
respect to an individual, the biological child or grandchild
of that individual.
(3) Toxic exposure.--The term ``toxic exposure'' means a
condition in which an individual inhaled or ingested an agent
determined to be hazardous to the health of the individual or
the agent came in contact with the skin or eyes of the
individual in a manner that could be hazardous to the health
of the individual.
(4) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 632. NATIONAL ACADEMY OF MEDICINE ASSESSMENT ON RESEARCH
RELATING TO THE DESCENDANTS OF INDIVIDUALS WITH
TOXIC EXPOSURE.
(a) In General.--
(1) Agreement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academy of Medicine under which the National Academy of
Medicine conducts an assessment on scientific research
relating to the descendants of individuals with toxic
exposure.
(2) Alternate organization.--
(A) In general.--If the Secretary is unable within the
period prescribed in paragraph (1) to enter into an agreement
described in such paragraph with the National Academy of
Medicine on terms acceptable to the Secretary, the Secretary
shall seek to enter into such an agreement with another
appropriate organization that--
(i) is not part of the Federal Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable to that of
the National Academy of Medicine.
(B) Treatment.--If the Secretary enters into an agreement
with another organization as described in subparagraph (A),
any reference in this section to the National Academy of
Medicine shall be treated as a reference to the other
organization.
(b) Elements.--The assessment conducted pursuant to the
agreement entered into under subsection (a) shall include the
following:
[[Page H7234]]
(1) A scientific review of the scientific literature
regarding toxicological and epidemiological research on
descendants of individuals with toxic exposure.
(2) An assessment of areas requiring further scientific
study relating to the descendants of veterans with toxic
exposure.
(3) An assessment of the scope and methodology required to
conduct adequate scientific research relating to the
descendants of individuals with toxic exposure, including--
(A) the types of individuals to be studied, including
veterans with toxic exposure and the descendants of those
veterans;
(B) the number of veterans and descendants described in
subparagraph (A) to be studied;
(C) the potential alternatives for participation in such a
study, including whether it would be necessary for
participants to travel in order to participate;
(D) the approximate amount of time and resources needed to
prepare and conduct the research; and
(E) the appropriate Federal agencies to participate in the
research, including the Department of Defense and the
Department of Veterans Affairs.
(4) The establishment of categories, including definitions
for each such category, to be used in assessing the evidence
that a particular health condition is related to toxic
exposure, such as--
(A) sufficient evidence of a causal relationship;
(B) sufficient evidence of an association;
(C) limited or suggestive evidence of an association;
(D) inadequate or insufficient evidence to determine
whether an association exists; and
(E) limited or suggestive evidence of no association.
(5) An analysis of--
(A) the feasibility of conducting scientific research to
address the areas that require further study as described
under paragraph (2);
(B) the value and relevance of the information that could
result from such scientific research; and
(C) for purposes of conducting further research, the
feasibility and advisability of accessing additional
information held by a Federal agency that may be sensitive.
(6) An identification of a research entity or entities
with--
(A) expertise in conducting research on health conditions
of descendants of individuals with toxic exposure; and
(B) an ability to conduct research on those health
conditions to address areas requiring further scientific
study as described under paragraph (2).
(c) Report.--The agreement entered into under subsection
(a) shall require the National Academy of Medicine to submit,
not later than two years after entering into such agreement,
to the Secretary of Veterans Affairs, the Committee on
Veterans' Affairs of the Senate, and the Committee on
Veterans' Affairs of the House of Representatives--
(1) the results of the assessment conducted pursuant to
such agreement, including such recommendations as the
National Academy of Medicine considers appropriate regarding
the scope and methodology required to conduct adequate
scientific research relating to the descendants of veterans
with toxic exposure; and
(2) a determination regarding whether the results of such
assessment indicate that it is feasible to conduct further
research regarding health conditions of descendants of
veterans with toxic exposure, including an explanation of the
basis for the determination.
(d) Certification.--
(1) In general.--Not later than 90 days after receiving the
results of the assessment and determination under subsection
(c), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a certification of the
understanding of the Secretary, based on such results and
determination, regarding the feasibility of conducting
further research regarding health conditions of descendants
of veterans with toxic exposure that is expressed by such
results and determination.
(2) Basis for certification.--The certification submitted
under paragraph (1) shall include an explanation of the basis
for the certification.
SEC. 633. ADVISORY BOARD ON RESEARCH RELATING TO HEALTH
CONDITIONS OF DESCENDANTS OF VETERANS WITH
TOXIC EXPOSURE WHILE SERVING IN THE ARMED
FORCES.
(a) Establishment.--Unless the Secretary of Veterans
Affairs certifies under section 632(d) that the results of
the assessment and determination under section 632(c)
indicate that it is not feasible to conduct further research
regarding health conditions of descendants of veterans with
toxic exposure, not later than 180 days after receiving such
results and determination, the Secretary shall establish an
advisory board (in this section referred to as the ``Advisory
Board'') to advise the Secretary in the selection of a
research entity or entities under section 634, advise such
entity or entities in conducting research under such section,
and advise the Secretary with respect to the activities of
such entity or entities under such section.
(b) Membership.--
(1) Composition.--The Secretary, in consultation with the
National Academy of Medicine, the Director of the National
Institute of Environmental Health Sciences, and such other
heads of Federal agencies as the Secretary determines
appropriate--
(A) shall select not more than 13 voting members of the
Advisory Board, of whom--
(i) not less than two shall be members of organizations
exempt from taxation under section 501(c)(19) of the Internal
Revenue Code of 1986;
(ii) not less than two shall be descendants of veterans
with toxic exposure while serving as members of the Armed
Forces; and
(iii) not less than seven shall be health professionals,
scientists, or academics who are not employees of the Federal
Government and have expertise in--
(I) birth defects;
(II) developmental disabilities;
(III) epigenetics;
(IV) public health;
(V) the science of environmental exposure or environmental
exposure assessment;
(VI) the science of toxic substances; or
(VII) medical and research ethics; and
(B) may select not more than two nonvoting members who are
employees of the Federal Government and who are otherwise
described in subparagraph (A)(iii).
(2) Chair.--The Secretary shall select a Chair from among
the members of the Advisory Board selected under paragraph
(1)(A).
(3) Terms.--
(A) In general.--Each member of the Advisory Board shall
serve a term of two or three years as determined by the
Secretary.
(B) Reappointment.--At the end of the term of a member of
the Advisory Board, the Secretary may reselect the member for
another term, except that no member may serve more than four
consecutive terms.
(c) Duties.--The Advisory Board shall--
(1) advise the Secretary in the selection of a research
entity or entities to conduct research under section 634 from
among those identified under section 632(b)(6);
(2) advise such entity or entities and assess the
activities of such entity or entities in conducting such
research;
(3) develop a research strategy for such entity or entities
based on, but not limited to, the results of the assessment
conducted under section 632;
(4) advise the Secretary with respect to the activities of
such entity or entities under section 634;
(5) submit recommendations to be included by such entity or
entities in the report under section 634(d)(2)(C); and
(6) not less frequently than semiannually, meet with the
Secretary and representatives of such entity or entities on
the research conducted by such entity or entities under
section 634.
(d) Meetings.--The Advisory Board shall meet at the call of
the Chair, but not less frequently than semiannually.
(e) Compensation.--The members of the Advisory Board shall
serve without compensation.
(f) Expenses.--The Secretary of Veterans Affairs shall
determine the appropriate expenses of the Advisory Board.
(g) Personnel.--
(1) In general.--The Chair may, without regard to the civil
service laws and regulations, appoint an executive director
of the Advisory Board, who shall be a civilian employee of
the Department of Veterans Affairs, and such other personnel
as may be necessary to enable the Advisory Board to perform
its duties.
(2) Approval.--The appointment of an executive director
under paragraph (1) shall be subject to approval by the
Advisory Board.
(3) Compensation.--The Chair may fix the compensation of
the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, except that the rate of pay
for the executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 634. RESEARCH RELATING TO HEALTH CONDITIONS OF
DESCENDANTS OF VETERANS WITH TOXIC EXPOSURE
WHILE SERVING IN THE ARMED FORCES.
(a) In General.--Unless the Secretary of Veterans Affairs
certifies under section 632(d) that the results of the
assessment and determination under section 632(c) indicate
that it is not feasible to conduct further research regarding
health conditions of descendants of veterans with toxic
exposure, not later than one year after receiving such
results and determination, the Secretary shall (in
consultation with the advisory board established under
section 633 (in this section referred to as the ``Advisory
Board'')) enter into an agreement with one or more research
entities identified under section 632(b)(6) (excluding an
entity of the Department of Veterans Affairs) to conduct
research on health conditions of descendants of veterans with
toxic exposure while serving as members of the Armed Forces
(in this section referred to as the ``research entity or
entities'').
(b) Research.--
(1) In general.--To the extent included in the research
strategy developed by the Advisory Board under section
633(c)(3), the research entity or entities shall conduct
research on health conditions of descendants of veterans with
toxic exposure while serving as members of the Armed Forces.
(2) Studies.--In conducting research under paragraph (1),
the research entity or entities may study any veteran, at the
election of the veteran, identified under section
632(b)(3)(A) as a type of individual to be studied in order
to conduct adequate scientific research relating to the
descendants of veterans with toxic exposure.
[[Page H7235]]
(3) Categorization.--In conducting research under paragraph
(1), the research entity or entities shall assess, using the
categories established under section 632(b)(4), the extent to
which a health condition of a descendant of a veteran is
related to the toxic exposure of the veteran while serving as
a member of the Armed Forces.
(c) Availability of Records.--
(1) In general.--The Secretary of Defense, the Secretary of
Veterans Affairs, and the head of each Federal agency
identified under section 632(b)(3)(E) shall make available to
the research entity or entities records held by the
Department of Veterans Affairs, the Department of Defense,
the Armed Forces, that Federal agency, or any other source
under the jurisdiction of any such Federal agency or the
Armed Forces, as appropriate, that the research entity or
entities determine are necessary to carry out this section.
(2) Mechanism for access.--The Secretary of Veterans
Affairs, the Secretary of Defense, and the head of each
Federal agency identified under section 632(b)(3)(E) shall
jointly establish a mechanism for access by the research
entity or entities to records made available under paragraph
(1).
(d) Annual Report.--
(1) In general.--Not later than one year after commencing
the conduct of research under this section, and not later
than September 30 each year thereafter, each research entity
with which the Secretary has entered into an agreement under
subsection (a) shall, in consultation with the Advisory
Board, submit to the Secretary of Veterans Affairs, the
Committee on Veterans' Affairs of the Senate, and the
Committee on Veterans' Affairs of the House of
Representatives a report on the functions of such entity
under this section during the year preceding the submittal of
the report.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A summary of the research efforts that have been
completed during the year preceding the submittal of the
report and that are ongoing as of the date of the submittal
of the report.
(B) A description of any findings made during such year in
carrying out such research efforts.
(C) Recommendations for administrative or legislative
action made by the Advisory Board based on such findings,
which may include recommendations for further research under
this section.
(3) Upon request.--Upon the request of any organization
exempt from taxation under section 501(c)(19) of the Internal
Revenue Code of 1986, the Secretary of Veterans Affairs may
transmit to such organization a copy of a report received by
the Secretary under paragraph (1).
TITLE VII--HOMELESSNESS MATTERS
Subtitle A--Access of Homeless Veterans to Benefits
SEC. 701. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR
PURPOSES OF BENEFITS UNDER THE LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
Section 2002 is amended--
(1) by striking ``In this chapter'' and inserting ``(a) In
General.--In this chapter'';
(2) by striking ``in section 103(a) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302(a))'' and inserting
``in subsection (a) or (b) of section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302)''; and
(3) by adding at the end the following:
``(b) Veteran Defined.--(1) Notwithstanding section 101(2)
of this title and except as provided in paragraph (2), for
purposes of sections 2011, 2012, 2013, 2044, and 2061 of this
title, the term `veteran' means a person who served in the
active military, naval, or air service, regardless of length
of service, and who was discharged or released therefrom.
``(2) For purposes of paragraph (1), the term `veteran'
excludes a person who--
``(A) received a dishonorable discharge from the Armed
Forces; or
``(B) was discharged or dismissed from the Armed Forces by
reason of the sentence of a general court-martial.''.
SEC. 702. AUTHORIZATION TO FURNISH CERTAIN BENEFITS TO
HOMELESS VETERANS WITH DISCHARGES OR RELEASES
UNDER OTHER THAN HONORABLE CONDITIONS.
Section 5303(d) is amended--
(1) by striking ``not apply to any war-risk insurance,
Government (converted) or National Service Life Insurance
policy.'' and inserting the following: ``not apply to the
following:
``(1) Any war-risk insurance, Government (converted) or
National Service Life Insurance policy.''; and
(2) by adding at the end the following new paragraph:
``(2) Benefits under section 2011, 2012, 2013, 2044, or
2061 of this title (except for benefits for individuals
discharged or dismissed from the Armed Forces by reason of
the sentence of a general court-martial).''.
SEC. 703. WAIVER OF MINIMUM PERIOD OF CONTINUOUS ACTIVE DUTY
IN ARMED FORCES FOR CERTAIN BENEFITS FOR
HOMELESS VETERANS.
Section 5303A(b)(3) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) to benefits under section 2011, 2012, 2013, 2044, or
2061 of this title;''.
SEC. 704. TRAINING OF PERSONNEL OF THE DEPARTMENT OF VETERANS
AFFAIRS AND GRANT RECIPIENTS.
The Secretary of Veterans Affairs shall conduct a program
of training and education to ensure that the following
persons are aware of and implement this title and the
amendments made by this subtitle:
(1) Personnel of the Department of Veterans Affairs who are
supporting or administering a program under chapter 20 of
title 38, United States Code.
(2) Recipients of grants or other amounts for purposes of
carrying out such a program.
SEC. 705. REGULATIONS.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall prescribe
regulations, including such modifications to section 3.12 of
title 38, Code of Federal Regulations (or any successor
regulation), as the Secretary considers appropriate, to
ensure that the Department of Veterans Affairs is in full
compliance with this title and the amendments made by this
subtitle.
SEC. 706. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall apply to individuals seeking benefits under chapter 20
of title 38, United States Code, before, on, and after the
date of the enactment of this Act.
Subtitle B--Other Homelessness Matters
SEC. 711. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL
HOUSING ASSISTANCE THAT BECOMES PERMANENT
HOUSING FOR HOMELESS VETERANS.
Section 2012(a)(2) is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as redesignated, by striking ``in
subparagraph (D)'' and inserting ``in subparagraph (E)'';
(3) in subparagraph (D), as redesignated, by striking
``under subparagraph (B)'' and inserting ``under subparagraph
(C)'';
(4) in subparagraph (E), as redesignated, by striking ``in
subparagraphs (B) and (C)'' and inserting ``in subparagraphs
(C) and (D)'';
(5) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except as
otherwise provided in subparagraph (B), the rate''; and
(B) by striking ``under subparagraph (B)'' and all that
follows and inserting ``under subparagraph (C).''; and
(6) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B)(i) Except as provided in clause (ii), in no case may
the rate determined under this paragraph exceed the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c)
of that section.
``(ii) In the case of services furnished to a homeless
veteran who is placed in housing that will become permanent
housing for the veteran upon termination of the furnishing of
such services to such veteran, the maximum rate of per diem
authorized under this section is 150 percent of the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c)
of that section.''.
SEC. 712. PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY
HOMELESS VETERANS AND VETERANS AT RISK OF
BECOMING HOMELESS.
(a) Program Required.--
(1) In general.--Subchapter II of chapter 20 is amended--
(A) by redesignating section 2013 as section 2014; and
(B) by inserting after section 2012 the following new
section 2013:
``Sec. 2013. Program to improve retention of housing by
formerly homeless veterans and veterans at risk of becoming
homeless
``(a) Program Required.--The Secretary shall carry out a
program under which the Secretary shall provide case
management services to improve the retention of housing by
veterans who were previously homeless and are transitioning
to permanent housing and veterans who are at risk of becoming
homeless.
``(b) Grants.--(1) The Secretary shall carry out the
program through the award of grants.
``(2)(A) In awarding grants under paragraph (1), the
Secretary shall give priority to organizations that
demonstrate a capability to provide case management services
as described in subsection (a), particularly organizations
that are successfully providing or have successfully provided
transitional housing services using amounts provided by the
Secretary under sections 2012 and 2061 of this title.
``(B) In giving priority under subparagraph (A), the
Secretary shall give extra priority to an organization
described in such subparagraph that--
``(i) voluntarily stops receiving amounts provided by the
Secretary under sections 2012 and 2061 of this title; and
``(ii) converts a facility that the organization used to
provide transitional housing services into a facility that
the organization uses to provide permanent housing that meets
housing quality standards established under section
8(o)(8)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(8)(B)).
``(C) In any case in which a facility, with respect to
which a person received a grant
[[Page H7236]]
for construction, rehabilitation, or acquisition under
section 2011 of this title, is converted as described in
subparagraph (B)(ii), such conversion shall be considered to
have been carried out pursuant to the needs of the Department
and such person shall not be considered in noncompliance with
the terms of such grant by reason of such conversion.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 2013 and inserting the following new
items:
``2013. Program to improve retention of housing by formerly homeless
veterans and veterans at risk of becoming homeless.
``2014. Authorization of appropriations.''.
(b) Regulations.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall prescribe regulations to carry out section 2013 of such
title, as added by subsection (a)(1)(B).
(c) Report.--
(1) In general.--Not later than June 1, 2020, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program required by section
2013 of such title, as added by subsection (a)(1)(B).
(2) Contents.--The report submitted under paragraph (1)
shall include assessments of the following:
(A) The percentage of veterans who received case management
services under the program who were able to retain permanent
housing by the end of the program, disaggregated by each
recipient of a grant under such section.
(B) The percentage of veterans who received case management
services under the program who were not in permanent housing
at the end of the program, disaggregated by housing status
and reason for failing to retain permanent housing under the
program.
(C) The use by veterans, who received case management
services under the program, of housing assistance furnished
by the Department of Veterans Affairs, including a comparison
of the use of such assistance by such veterans before and
after receiving such services.
(D) An assessment of the employment status of veterans who
received case management services under the program,
including a comparison of the employment status of such
veterans before and after receiving such services.
SEC. 713. ESTABLISHMENT OF NATIONAL CENTER ON HOMELESSNESS
AMONG VETERANS.
(a) In General.--Subchapter VII of chapter 20 is amended by
adding at the end the following new section:
``Sec. 2067. National Center on Homelessness Among Veterans
``(a) In General.--(1) The Secretary shall establish and
operate a center to carry out the functions described in
subsection (b).
``(2) The center established under paragraph (1) shall be
known as the `National Center on Homelessness Among
Veterans'.
``(3) To the degree practicable, the Secretary shall
operate the center established under paragraph (1)
independently of the other programs of the Department that
address homelessness among veterans.
``(b) Functions.--The functions described in this
subsection are as follows:
``(1) To carry out and promote research into the causes and
contributing factors to veteran homelessness.
``(2) To assess the effectiveness of programs of the
Department to meet the needs of homeless veterans.
``(3) To identify and disseminate best practices with
regard to housing stabilization, income support, employment
assistance, community partnerships, and such other matters as
the Secretary considers appropriate with respect to
addressing veteran homelessness.
``(4) To integrate evidence-based and best practices,
policies, and programs into programs of the Department for
homeless veterans and veterans at risk of homelessness and to
ensure that the staff of the Department and community
partners can implement such practices, policies, and
programs.
``(5) To serve as a resource center for, and promote and
seek to coordinate the exchange of information regarding, all
research and training activities carried out by the
Department and by other Federal and non-Federal entities with
respect to veteran homelessness.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter 20 is amended by inserting after
the item relating to section 2066 the following new item:
``2067. National Center on Homelessness Among Veterans.''.
SEC. 714. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO
ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR
HOMELESS VETERANS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) assess and measure the capacity of programs for which
entities receive grants under section 2011 of title 38,
United States Code, or per diem payments under section 2012
or 2061 of such title; and
(2) assess such programs with respect to--
(A) how well they achieve their stated goals at a national
level;
(B) placements in permanent housing;
(C) placements in employment; and
(D) increases in the regular income of participants in the
programs.
(b) Assessment at National and Local Levels.--In assessing
and measuring under subsection (a)(1), the Secretary shall
develop and use tools to examine the capacity of programs
described in such subsection at both the national and local
level in order to assess the following:
(1) Whether sufficient capacity exists to meet the needs of
homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs of the
subpopulations of homeless veterans located in each
geographic area.
(3) The amount of capacity that recipients of grants under
sections 2011 and 2061 and per diem payments under section
2012 of such title have to provide services for which the
recipients are eligible to receive per diem under section
2012(a)(2)(B)(ii) of title 38, United States Code, as added
by section 711(6).
(c) Consideration of Other Resources.--In assessing and
measuring programs under subsection (a)(1), the Secretary
shall consider the availability to such programs of resources
made available to such programs and to homeless veterans,
including resources provided by the Department of Veterans
Affairs and by entities other than the Department.
(d) Use of Information.--The Secretary shall use the
information collected under this section as follows:
(1) To set specific goals to ensure that programs described
in subsection (a) are effectively serving the needs of
homeless veterans.
(2) To assess whether programs described in subsection (a)
are meeting goals set under paragraph (1).
(3) To inform funding allocations for programs described in
subsection (a).
(4) To improve the referral of homeless veterans to
programs described in subsection (a).
(e) Report.--Not later than 180 days after the date on
which the assessment required by subsection (a) is completed,
the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on such assessment
and such recommendations for legislative and administrative
action as the Secretary may have to improve the programs and
per diem payments described in subsection (a).
SEC. 715. REPORT ON OUTREACH RELATING TO INCREASING THE
AMOUNT OF HOUSING AVAILABLE TO VETERANS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Veterans' Affairs and the Committee on Financial
Services of the House of Representatives a report describing
and assessing the outreach conducted by the Secretary to
realtors, landlords, property management companies, and
developers to educate them about the housing needs of
veterans and the benefits of having veterans as tenants.
TITLE VIII--OTHER MATTERS
SEC. 801. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION
REFORMS.
(a) Application of Industry Standards; Assistance.--Section
8103 is amended by adding at the end the following new
subsections:
``(f) To the maximum extent practicable, the Secretary
shall use industry standards, standard designs, and best
practices in carrying out the construction of medical
facilities.
``(g) The Secretary shall ensure that each employee of the
Department with responsibilities, as determined by the
Secretary, relating to the infrastructure construction or
alteration of medical facilities, including such construction
or alteration carried out pursuant to contracts or
agreements, undergoes a program of ongoing professional
training and development. Such program shall be designed to
ensure that employees maintain adequate expertise relating to
industry standards and best practices for the acquisition of
design and construction services. The Secretary may provide
the program under this subsection directly or through a
contract or agreement with a non-Federal entity or with a
non-Department Federal entity.''.
(b) Forensic Audits of Certain Projects.--Subsection (c) of
section 8104 is amended--
(1) by striking ``Not less than 30 days'' and inserting
``(1) Not less than 30 days''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall--
``(A) enter into a contract or agreement with an
appropriate non-department Federal entity with the ability to
conduct forensic audits on medical facility projects for the
conduct of an external forensic audit of the expenditures
relating to any major medical facility or super construction
project for which the total expenditures exceed the amount
requested in the initial budget request for the project
submitted to Congress under section 1105 of title 31 by more
than 25 percent; and
``(B) enter into a contract or agreement with an
appropriate non-department Federal entity with the ability to
conduct forensic audits on medical facility projects for the
conduct of an external audit of the medical center
construction project in Aurora, Colorado.''.
(c) Use of Amounts From Bid Savings.--Subsection (d)(2)(B)
of such section is amended--
[[Page H7237]]
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(2) by inserting after clause (i) the following new clause
(ii):
``(ii) If the major construction project that is the source
of the bid savings is not complete--
``(I) the amount already obligated by the Department or
available in the project reserve for such project;
``(II) the percentage of such project that has been
completed; and
``(III) the amount available to the Department to complete
such project.''; and
(3) in clauses (iii) and (iv), as redesignated by paragraph
(1), strike ``amounts'' and inserting ``bid savings amounts''
both places it appears.
(d) Quarterly Report on Super Construction Projects.--
(1) In general.--At the end of subchapter I of chapter 81
add the following new section:
``Sec. 8120. Quarterly report on super construction projects
``(a) Quarterly Reports Required.--Not later than 30 days
after the last day of each fiscal quarter the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate
and House of Representatives a report on the super
construction projects carried out by the appropriate non-
Department Federal entity described in section 8103(e)(1) of
this title during such quarter. Each such report shall
include, for each such project--
``(1) the budgetary and scheduling status of the project,
as of the last day of the quarter covered by the report; and
``(2) the actual cost and schedule variances of the
project, as of such day, compared to the planned cost and
schedules for the project.
``(b) Super Construction Project Defined.--In this section,
the term `super construction project' has the meaning given
such term in section 8103(e)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to such subchapter the following new item:
``8120. Quarterly report on super construction projects.''.
SEC. 802. TECHNICAL AND CLERICAL AMENDMENTS.
Title 38, United States Code, is amended as follows:
(1) In section 735(a)(5), by striking ``(Public Law 104-
191)'' and inserting ``(Public Law 104-191; 42 U.S.C. 1320d-2
note)''.
(2) In the table of sections at the beginning of chapter
17, by striking the items relating to sections 1710D and
1710E and inserting the following new items:
``1710D. Traumatic brain injury: comprehensive program for long-term
rehabilitation.
``1710E. Traumatic brain injury: use of non-Department facilities for
rehabilitation.''.
(3) In section 1710(e)(1)(F), by inserting a comma after
``1953''.
(4) In section 7412(b), by striking ``under paragraph (1)''
and inserting ``under subsection (a)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 6416, the Jeff Miller
and Richard Blumenthal Veterans Health Care and Benefits Improvement
Act of 2016. This bipartisan, bicameral legislation represents a
significant portion of the committee's hard work throughout the 114th
Congress and contains numerous provisions that would improve healthcare
benefits and services for those that are most deserving: our Nation's
heroes.
{time} 1430
I am proud to report that so far this Congress, the House has passed
60 veterans-related bills. By the close of business tomorrow, that
tally will be 68. The text of many of those bills can be found within
H.R. 6416.
While we do not have enough time for me to go through every
worthwhile section of this legislation, I do want to touch on just a
few. Among the provisions that would improve disability benefits is one
that would allow physicians who are under contract with VA and who have
unrestricted licenses to conduct disability examinations in any State,
regardless of where that physician is licensed.
Another provision would extend the temporary expansion of the Court
of Appeals for Veterans Claims to nine judges through 2020, which would
help the court address the growing number of cases before it and ensure
veterans receive the court's decision in a timely manner.
Three proposals sponsored by Chairman Miller would ensure that all
veterans have the opportunity to have future generations remember and
respect their lives and their service by directing VA to provide a
medallion to be affixed to the headstone in a private cemetery that
signifies that a deceased person is a veteran, permitting VA to furnish
a medallion or marker specifically designed for the graves of the
deceased Medal of Honor recipients, and providing Presidential Memorial
Certificates to those who served in the National Guard or Reserve even
if they were never called to Active Duty.
Other provisions of the bill would make needed improvements to
education, vocational rehabilitation, and employment benefits to better
support veterans by prioritizing vocational rehabilitation services for
our most disabled veterans, increasing approval and access to oversight
processes for education programs and schools, improving coordination
between Federal and State agencies who provide employment services to
veterans, expanding eligibility for work-study programs, extending the
amount of time spouses of fallen servicemembers have to use the GI
Bill's Fry Scholarship benefits, and by extending instate tuition rate
limit to dependents of servicemembers who are still serving on Active
Duty, a policy change that will allow VA to fully cover their tuition
charges.
Finally, this bill also contains numerous provisions that would
improve the health and care that VA provides our veterans. To increase
accountability, oversight, and transparency of the VA healthcare
system, it would require VA to produce and provide an annual report on
a number of critical measures of care.
To improve the provision of care to those facing a health emergency,
it would clarify VA's responsibility to provide medical screenings and
treatment to individuals requesting to be seen in a VA emergency room,
including women in labor, and ensure that VA emergency room physicians
are afforded the schedule flexibility that their private sector
colleagues enjoy and the nature of their work demands.
To address ongoing concerns about the potential impact of toxic
exposure during military service on veterans' descendants, it would
require VA to enter into an agreement with the National Academy of
Medicine to conduct an assessment and issue a report on scientific
research relating to the descendants of individuals with toxic exposure
and, depending on the results of those efforts, require VA to establish
an advisory board to advise the Secretary on further research. That
provision is strongly supported by Vietnam Veterans of America, and I
am glad to see it included here.
The bill also includes provisions that would require reforms to VA's
medical facility construction processes and procedures. The many
failures of VA's current construction program have been well publicized
and will continue to be a focus of this committee's oversight next
Congress so that we can all be assured that VA both has the facilities
it needs to provide the care our veterans deserve and is being a
responsible steward of taxpayer dollars.
Unfortunately, we were unable to get every provision that cleared
this Chamber or that the committee included in this legislation, which
only means there is still work to be done next year and beyond. I am
grateful to all the Members who have contributed thoughtful and, most
importantly, needed legislation throughout this Congress in support of
our veterans.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 6416,
a bill named in part after Chairman Miller.
I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I rise in support of the Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits Improvement Act of
2016.
Naming the bill after my colleagues is a testament to the bipartisan
nature of both the House and Senate Committees on Veterans' Affairs.
The bill before us today contains numerous pieces of legislation
introduced or supported by Members on both sides of the aisle.
[[Page H7238]]
I thank Chairman Miller and all the members of the Committee on
Veterans' Affairs, both Democrats and Republicans, for their hard work
putting together an omnibus bill that will improve the care and support
we provide to America's veterans.
I want to specifically acknowledge our committee members--
Representative Brown, Representative Titus, Dr. Ruiz, Representative
O'Rourke, Representative Rice, Representative Walz, and Representative
McNerney; and my other Democratic colleagues, Representative Pingree
and Representative Frankel, Senator-elect Duckworth, Representative
Gallego, Representative Hahn, and Representative Sinema--all who made
valuable contributions to this bill.
I also would like to take this time to congratulate Dr. Roe on his
selection as the next chairman of the House Committee on Veterans'
Affairs. I look forward to working with him in order to preserve the
bipartisan nature of this committee in the 115th Congress so that we
can do what is best for veterans.
It is fitting that we are taking this bill up on the eve of the
attack on Pearl Harbor. December 7, 1941, is remembered not just for
the 2,300 Americans that we lost that day, but also for the heroic
response of so many Americans that followed. It is a reminder of the
sacrifices millions of young men and women have made in service to our
Nation. It is a reminder of the debt we owe them.
As the ranking member of the Subcommittee on Economic Opportunity and
as a former community college trustee, I am pleased that this bill
contains several provisions that will improve veterans' education and
employment prospects after they serve. I have enjoyed collaborating
with Chairman Wenstrup, and I am proud of the bills our subcommittee
has moved forward.
This bill before us today contains language from H.R. 2360, the
Career-Ready Student Veterans Act, which I introduced last May, to
ensure that veterans who use their hard-earned Post-9/11 GI Bill
benefits will attend education programs that prepare them for a career
in their chosen field of study.
It requires that all career education programs meet proper
accreditation, licensure, and certification requirements in order to
serve student veterans who are using Post-9/11 GI Bill benefits.
The Department of Defense already has this policy in place to protect
servicemembers using tuition assistance benefits. It often makes sense
that Congress should protect student veterans in the very same way.
This provision is supported by the American Legion, the VFW, IAVA, and
other VSOs.
This bill also includes H.R. 2361, Work-Study for Student Veterans
Act, which I introduced with Chairman Wenstrup. It reauthorizes certain
work-study activities for individuals receiving educational assistance
through the VA. The current authorization expired in 2013. This bill
reauthorizes the program through 2021.
Through the VA's Student Work-Study Allowance Program, qualifying
student veterans in college degree programs or vocational or
professional programs are paid to work in a variety of capacities on
campus, at VA facilities, and at other veteran-centered organizations
to assist fellow veterans. This provision will reinstate expired
activities to allow participating veterans more options when entering
VA's successful work-study program.
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. Peer-to-peer
support is one of the most effective methods we have to help veterans
meet the challenges of civilian life.
I worked with Congresswoman Radewagen to introduce H.R. 5229, the
Improving Transition Programs for All Veterans Act, which requires VA,
the Department of Labor, and the Department of Defense to study the
effectiveness of veterans' transition programs for women veterans and
other minority groups. This policy will help us learn about how we can
specialize transition programs for minority veterans in order to meet
their unique needs and overcome barriers to employment.
The specific groups that will be included in this study include women
veterans, veterans with disabilities, Native American veterans, insular
island veterans from the U.S. territories, and other groups as
determined by the Secretaries. This generation of veterans is the most
diverse in American history, and we must be prepared to support every
person who has served.
I am pleased to have worked on this legislation in a bipartisan
fashion, and I am glad it was included in the omnibus before us today.
I believe it will ensure the best outcome for all veterans during their
transition from military to civilian life.
H.R. 6416 improves the Fry Scholarship for the children and spouses
of fallen soldiers. The bill includes H.R. 2531, introduced by
Representative and now Senator-elect Tammy Duckworth, an Iraq war
combat veteran. This provision will provide a surviving spouse whose
husband or wife died in the line of duty after 9/11/2001 the time
necessary to use the full 36-month benefit from the Fry Scholarship
without fear of it being cut short during their educational pursuits.
The Fry Scholarship is an educational benefit given to children and
spouses of our fallen troops. Currently, public law cuts off Fry
Scholarship eligibility 15 years from the date of a servicemember's
death. Unfortunately, this means that spouses who lost a loved one
shortly after 9/11 could be out of time to use an educational benefit
that is good for 36 months of enrollment and is normally used over the
course of 4 years. This policy will allow Gold Star families whose
eligibility will end before they can fully use their benefit to
complete their education.
There are several very important provisions in H.R. 6416 that I would
like to highlight in the area of claims processing and how we, as a
nation, honor and memorialize our Nation's heroes.
Chairman Abraham and Ranking Member Titus of the Subcommittee on
Disability Assistance and Memorial Affairs have worked hard for the
last 2 years, and it shows by the almost two dozen provisions produced
by their subcommittee that are included in this bill.
One of these is the long overdue Honor America's Guard-Reserve
Retirees Act, introduced by the gentleman from Minnesota (Mr. Walz),
which confers honorary veteran status to Guard and Reserve members who
have served for 20 years and who would otherwise not meet the full
requirement for veteran status under the U.S. Code. These
servicemembers wear the same uniform, receive the same training, are
subject to the same code of military justice, and in many cases fight
and die alongside Active Duty troops in war. It is clear why receiving
this honor is so important to them, and I am very happy to be here
today to support the legislation of Mr. Walz.
I would also like to highlight four bills introduced by minority
members of the Committee on Veterans' Affairs intended to expedite
veterans' claims for various types of benefits.
H.R. 6416 also contains the Veterans Access to Speedy Review Act,
which requires the Board of Veterans Appeals to allow video appeal
hearings available to veterans who choose them. Again, this simple,
sensible approach can speed up the benefits appeal process for veterans
who are comfortable with the videoconference format. This will mean
that many veterans will no longer have to wait for an in-person hearing
and will no longer need to travel; saving them time, money, and the
stress of traveling, which is particularly difficult for our disabled
veterans.
This bill also includes two sections drafted by Congressman O'Rourke
and Ranking Member Titus that will increase VA transparency so that
congressional policymakers and the public know how the VA is doing with
its processing of veterans' claims and appeals. The first section
requires that the VA publish average times for processing claims and
appeals, including those that are timely and overdue. The second
section requires a GAO study of the Veterans Benefits Administration
regional offices to determine the management and communication factors
that distinguish higher performing offices from the average and lower
performing offices.
There is another group of veterans who deserve our greatest respect,
and
[[Page H7239]]
that is the men and women left permanently wounded, ill, or injured as
a result of service in the armed services. I believe we will hear later
from the gentlewoman from Florida (Ms. Frankel) about her resolution to
honor these veterans which is included in today's bill.
Mr. Speaker, making sure veterans get the care and benefits they have
earned and deserve is the mission of this committee, and this bill
helps keep that promise. For the past 2 years, the Subcommittee on
Health has been focused on improving access to care, strengthening
mental health care, recruiting and retaining quality providers, and
reducing veteran homelessness. These priorities are reflected in the
bill before us today.
VA's construction program has been the target of several hearings and
reports for many years now. They have exposed cost overruns, poor
oversight, and a host of management issues. This bill would address
some of the issues brought up over this past Congress. I thank
Congresswoman Kathleen Rice for her leadership on these issues and for
introducing a provision that would require a forensic audit when a
project exceeds its authorization by more than 25 percent.
{time} 1445
H.R. 6416 also ensures that eligible veterans can access mental
health care in a manner that honors their obligation not to disclose
classified information.
I would like to thank Representative Sinema of Arizona for
introducing this issue as part of H.R. 421, the Classified Veterans
Access to Care Act.
In addition, it adds professionals who have a doctoral degree to the
list of qualified, VA-licensed mental health counselors.
On the issue of veteran homelessness, we all agree that one homeless
veteran is one too many. For the past decade, VA has been working
diligently to dramatically reduce the homeless population among
veterans, and those efforts have been successful--but we can always do
more.
An important provision of H.R. 6416, introduced by Representative
Hahn of California, would help many of our women veterans by expanding
the definition of ``homeless veteran.'' This will ensure that veterans
who are victims of domestic violence are able to access emergency
housing and are not penalized under the law.
Mr. Speaker, as we move forward, I want to acknowledge that, while
H.R. 6416 does indeed do a number of good things to help veterans,
there is still much more that we need to do. I know that finding ways
to pay for new programs without cutting existing support for veterans
has been one of our biggest challenges in this Congress, but I look
forward to working with our Members and our colleagues across the aisle
to advance big policy issues that will help millions of veterans,
issues such as appeals reform, leasing and provider agreements, and
caregiver support.
Once again, I urge my colleagues to support H.R. 6416.
Mr. Speaker, I reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as we begin debate on these important bills, I would
like to take a moment to thank outgoing Chairman Miller for his
tireless work on behalf of our Nation's veterans and, of course, on
behalf of Florida's First Congressional District.
Chairman Miller has led the House Veterans' Affairs Committee through
tumultuous times at the VA. Through his service and extensive
oversight, he has exposed a bureaucracy that has failed veterans time
and time again. His commitment to veterans has never wavered. He has
started the VA on a path to reforms the agency has so desperately
needed.
It has been an honor to serve along beside him. I know I have got big
shoes to fill come January. He leaves behind the legacy of a statesman
who has never compromised his principles or forgotten the people he was
elected to serve.
On a personal note, Jeff has become a dear friend, and I know our
friendship will continue long after he has left these Halls. For the
last 6 years, veterans have had a friend in Jeff Miller, and so have I.
I wish him well in his future endeavors and thank him for all he has
done for this body, for Floridians, and for our heroes in the 15 years
he served honorably in the House of Representatives, the people's
House.
I would also like to thank his wife, Vicki, as well as his children,
grandchildren, and great-grandchild. As we all know, none of the work
we do here would be possible without the support and understanding of
our families. There is no question, Jeff has a special family.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Florida (Mr. Miller), chairman of the Veterans' Affairs Committee.
Mr. MILLER of Florida. Mr. Speaker, I thank Dr. Roe for those
extremely kind words. I thank him especially for recognizing my family.
We both know how important they are to the success that we are able to
obtain here in the Halls of Congress.
I rise in support of H.R. 6416. This legislation contains over 90
sections, many of which originated in almost 70 veterans bills that the
House will pass in the 114th Congress. Though H.R. 6416 reflects just a
fraction of our collaborative efforts, it nonetheless contains many
important provisions that we can all be pleased in this House to
support.
For example, it includes the text of H.R. 1380, which would expand
eligibility for medallions to veterans who passed away before November
1, 1990. Under current law, the Department of Veterans Affairs
furnishes medallions for veterans who are buried in private cemeteries
who passed away after November 1, 1990. Many families whose loved ones
passed away prior to that date have requested that VA provide a
medallion to distinguish their loved one's grave so that all will know
it is the burial place of a veteran. This bill would authorize VA to do
just that.
H.R. 6416 would also authorize the Department of Veterans Affairs to
furnish medallions designed especially for veterans who have received
the Medal of Honor, our Nation's most prestigious award for military
valor. This will ensure that future generations will be able to
identify the final resting place of our Nation's most revered heroes.
H.R. 6416 also includes a provision to provide more time for widows
and widowers of servicemembers who have died in the line of duty to use
their post-
9/11 GI bill educational benefits under the Fry Scholarship. The
spouses of those who have given the ultimate sacrifice deserve nothing
less.
What is more, H.R. 6416 contains provisions from H.R. 1994 that would
increase accountability by limiting the amount of time that the
Secretary can place a VA employee on administrative leave to only 14
days in a single year. It makes no sense that a VA employee who commits
a wrongdoing can continue to collect a taxpayer-funded paycheck for, in
some cases, years while the Department drags its feet determining
disciplinary action.
The bill further contains a number of provisions that would improve
the care that VA provides to our veterans, including a provision that
would address a longstanding concern of many of our Vietnam veterans by
requiring VA to conduct research on the possible effects of toxic
exposure during military service on veterans' children and their
grandchildren.
Importantly, H.R. 6416 also contains a provision from H.R. 310 that
would require VA to use industry standards, standard designs, and best
practices when constructing VA medical facilities; to provide ongoing
professional development and training to VA employees involved in
constructing VA medical facilities; and to regularly audit and report
on the largest VA medical facility projects.
Before concluding, I want to take a moment to publicly thank a number
of individuals who have been instrumental not only in advancing this
legislation, but also throughout my time as chairman of our committee.
Serving as chairman of the Committee on Veterans' Affairs has been an
immense honor, and I am grateful to all of those who put their trust
and faith in me to fulfill that role for the last three Congresses. I
hope that I have done each of you proud.
I am particularly grateful to my fellow committee chairmen and
ranking members in the House, including Mike Michaud, Corrine Brown,
and Mark Takano; and in the Senate, including Patty Murray, Richard
Burr, Bernie
[[Page H7240]]
Sanders, Johnny Isakson, and Richard Blumenthal.
I am also grateful to House leadership, including John Boehner, Paul
Ryan, and Kevin McCarthy, and to all the committee members who strive
day in and day out to do right by America's veteran heroes.
The bipartisan nature of this committee is unique in this Congress.
It is nothing less than what our veterans deserve. While much remains
to be done, we can all be proud of the work that we have, together,
accomplished so far.
I have every confidence, Mr. Speaker, that the next committee
chairman, Dr. Roe, whom I am grateful to call a friend, will continue
the work that we have started. I look forward to seeing all that he and
the House will continue to accomplish for the men and women who have
worn the uniform and borne the battle and who, without a doubt, are
most worthy of our appreciation and our support.
Again, Mr. Speaker, I thank my family, most especially my wife, for
the support that they have given during my service here in this
Congress.
I urge all of my colleagues to support this legislation.
Mr. TAKANO. Mr. Speaker, might I inquire as to how much time for
debate remains on each side.
The SPEAKER pro tempore. The gentleman from California has 7\1/2\
minutes remaining. The gentleman from Tennessee has 8 minutes
remaining.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Nevada (Ms. Titus), the ranking member of the Disability Assistance and
Memorial Affairs Subcommittee.
Ms. TITUS. Mr. Speaker, I thank the acting ranking member for
yielding and for all the important work he has done on this bill.
Mr. Speaker, I rise today in support of H.R. 6416, which includes a
number of provisions offered by my colleagues on the committee and
beyond to help our veterans. It actually includes two measures that I
authored: one requires the GAO to conduct a study to find out the
causes of underperforming VBA regional offices; the other extends the
authorization for GME slots at the VA. This is a provision that will be
especially valuable to UNLV's brand-new medical school, which is
hosting its inaugural class this fall.
Unfortunately, however, the bill fails to address a major priority of
both the VA and veterans themselves, and that is reforming the broken
appeals process. Right now, there are 470,000 appeals languishing
somewhere in the VA system. Veterans have to wait 2 to 3 years for them
to be resolved as these cases churn through the process that Congress
hasn't updated since the 1980s. If we don't act now, we will soon be
telling our veteran constituents that they are going to have to wait 10
years before their appeals can be resolved, and it will be the fault of
this Congress.
Despite having a solution that is ready to go that is widely
supported by the administration and the VSOs, the Republican leadership
refuses to bring the bill I sponsored on appeals reform to the floor
without tying it to an accountability bill that strips VA employees of
necessary civil rights protections.
We are told that passing appeals reform without accountability just
won't work. Using that specious argument, we shouldn't pass any VA
reform bill without accountability because it just won't work. So while
I support this measure, I would urge my colleagues to address the
appeals reform process before it is too late and we do further
disservice to our Nation's heroes.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Ohio (Mr. Wenstrup), who is currently on the committee and seeing
Active Duty military patients as a doctor.
Mr. WENSTRUP. Mr. Speaker, on behalf of our veterans, I rise today in
support of H.R. 6416. This bill would expand benefits and provide
improvements to help America's greatest asset: our veterans and their
families.
I am especially pleased to support sections in the fourth and fifth
titles. All but a few of those provisions passed through the
Subcommittee on Economic Opportunity, which I am honored to chair with
Ranking Member Takano.
Seven provisions from legislation that I had the honor to author were
also included in H.R. 6416. When enacted, these provisions would
streamline and simplify how schools and training programs are approved
for the GI bill, improve disabled veterans' access to services under
the Vocational Rehabilitation and Employment program, survey GI bill
users about their experience with the VA and their use of the post-9/11
GI bill, provide conditions for expanded instate tuition requirements
for dependents of Active-Duty servicemembers, require the Department of
Labor to conduct a longitudinal study to track long-term outcomes of
veterans who have used DOL-sponsored employment services, and expand
the amount of time that a surviving spouse can use post-9/11 GI bill
benefits under the Fry Scholarship.
The last GI bill provision is estimated to help nearly 2,000
surviving spouses that use the post-9/11 GI bill to go back to school.
Our veterans' families will be better off because of this bill. I
support this bill and the efforts of Dr. Roe, Chairman Miller, and
others.
At the same time, I know that we will continue to work hard for our
veterans. In the House, we crafted and passed many important issue
initiatives that were not in the final bill. As the 115th Congress
approaches, I ask my colleagues in both the House and the Senate to
reaffirm their commitment to put the interests of our veterans first,
and I look forward to continuing that work.
I am proud of my colleagues on the House Committee on Veterans'
Affairs. We have crafted good, bipartisan policies. We have worked hard
on behalf of our Nation's veterans. We will continue to do so.
I am also grateful for the staff of the Veterans' Affairs Committee.
I want to especially thank my own staff on the Economic Opportunity
Subcommittee for their expertise and untiring work on behalf of our
veterans.
A special thanks goes to Chairman Miller. His leadership and
friendship here in the House will certainly be missed. I look forward
to Dr. Roe's leadership.
Once again, I support H.R. 6416, and I urge my colleagues to pass
this bill.
{time} 1500
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney), my good friend and a member of the Veterans'
Affairs Committee.
Mr. McNERNEY. Mr. Speaker, I want to thank the chairman and the
ranking member for their work on behalf of our Nation's veterans, and
for bringing the omnibus veterans bill to the floor today.
In the United States, there are about 5 million veteran-owned
businesses and an estimated 500,000 service-disabled veteran-owned
small businesses. Under current law, if a veteran who was rated 100
percent disabled and owned a service-disabled veteran-owned small
business passes away, the surviving spouse has 10 years to transition
the business away from service-disabled veteran-owned small business
status.
However, if the veteran business owner is rated less than 100 percent
disabled, or dies of a non-service-connected injury, the surviving
spouse has only 1 year to transition the business for contracts with
the VA.
Current law unfairly punishes these businesses and places them at an
economic disadvantage. That is why I introduced H.R. 1313. My bill
allows service-disabled veteran-owned small businesses, whose principal
owner passes away and was rated at less than 100 percent disabled at
the time of death, with the reasonable 3-year transition period from
service-disabled veteran-owned status with the VA.
It is only right that we provide our heroes and their families, and
the employees, with the flexibility and certainty to ensure that their
businesses continue to thrive.
H.R. 1313 is supported by the Paralyzed Veterans of America, AMVETS,
VFW, Iraq and Afghanistan Veterans of America, and the American Legion.
I want to thank the chairman and ranking member for including my
legislation in the omnibus veterans bill, H.R. 6416, and I hope my
colleagues will join me to pass this commonsense bill and support the
veteran-owned businesses across the country.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Pennsylvania (Mr. Costello), a very hardworking member of our
committee, and a veteran himself.
[[Page H7241]]
Mr. COSTELLO of Pennsylvania. Not a veteran, but I appreciate the
kind words.
Mr. Speaker, I rise today in support of legislation that will bring
critical improvements to the way our country serves its veterans.
In my district, Pennsylvania's Sixth Congressional District,
thousands of veterans are served by the Department of Veterans Affairs
on a range of issues critical to their lives, including disability
benefits, education, and healthcare services.
H.R. 6416, the Jeff Miller and Richard Blumenthal Veterans Health
Care and Benefits Improvement Act, would make improvements to these
services by increasing the amount of time widows have to utilize
education benefits, allowing veterans to have screenings and treatment
at VA emergency rooms, and tracking staffing abilities so the VA is
better suited to accommodate its workload.
I would also like to thank my colleagues on the committee, and our
committee staff, for working to include provisions to strengthen the
U.S. Court of Appeals for Veterans Claims. Since the start of the term,
we have been working to find a way to ensure the Court is able to meet
the needs of our veterans, and I am pleased to see that efforts to do
this are included as part of the bill.
I also want to thank Chairman Miller for his dedication and service
to our committee and to our Nation's veterans. His leadership has been
exemplary.
I also would like to recognize and thank our committee staff for all
of their hard work over the course of this Congress and my legislative
aide for this session, Katharine Bruce, for her hard work.
Finally, I want to just point out that the Veterans' Affairs
Committee, in large measure, has accomplished and improved a great deal
in a bipartisan way. So I want to thank not only my Republican
colleagues on the committee but the Democratic members of the committee
as well. We should all be proud of the work that we have done. There is
a lot more yet to do, but we have accomplished a lot, I believe,
because we have focused on what needs to be done, left politics at the
door, and worked in good faith on behalf of our Nation's veterans.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Maine (Ms. Pingree).
Ms. PINGREE. Mr. Speaker, I thank my friend, Mr. Takano, for
yielding.
I want to thank Chairman Miller, and thank him on his retirement and
his service to our Congress, and also thank Ranking Member Takano and
Representative Roe for their work on this bill.
I am grateful that the language from the Ruth Moore Act was included
in this bill. It is an important step in making sure that the VA
follows through on its promises to fairly treat our veterans.
Mr. Speaker, almost every day I hear from another veteran who is the
survivor of military sexual trauma, or MST. These are men and women of
all ages, from every branch of the service. They include veterans from
World War II to the war in Afghanistan and every era in between.
Those assaults leave indelible marks on their lives in the form of
PTSD, anxiety, depression, and so many other conditions. But despite
some progress at the VA on their claims, too many are denied the
disability benefits they have earned.
I am glad the Defense Department and the VA increased training and
prevention efforts around rape and harassment, but, let me be clear,
the problem is not yet fixed.
Survivors of sexual assault have been shamed and suffer continued
harassment and recrimination. Far too many have been involuntarily
discharged in retaliation for reporting sexual assault and harassment,
meaning the survivor, not the perpetrator, has paid the price for this
criminal behavior.
Before I close, I would like to recognize a very brave woman, Ruth
Moore, a Maine veteran, and my bill's namesake. Ruth fought for 23
years before she was finally given the benefits we owed her.
There are thousands and thousands of Ruth Moores out there who have
been fighting for their benefits for years, or even decades. We can and
must do better. This issue is too important to ignore, and this
provision ensures that the VA and survivors know that Congress is
watching.
I am so glad the language from my bill was included in the
legislation. I thank the committee again.
Mr. ROE of Tennessee. Mr. Speaker, I have no further speakers. I am
prepared to close. I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I would like to encourage all my colleagues
to support this legislation and join me in passing H.R. 6416.
I yield back the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I would like to thank both staffs
of the committee, both the minority and majority staff, and on the hard
work that both sides of the aisle did. As Mr. Costello said, this has
been a bipartisan effort, and I want to thank everyone, Mr. Takano,
your leadership, and others on the minority side. I encourage all
Members to support this legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and
pass the bill, H.R. 6416.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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