[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7109-S7121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




JOINT EXPLANATORY STATEMENT FOR H.R. 6416, THE JEFF MILLER AND RICHARD 
      BLUMENTHAL HEALTH CARE AND BENEFITS IMPROVEMENT ACT OF 2016

       H.R. 6416 reflects a Compromise Agreement reached by the 
     Committee on Veterans' Affairs of the Senate and House of 
     Representatives on the following bills introduced during the 
     114th Congress: S. 244, S. 425 as amended, S. 1203 as 
     amended, S. 1731 as amended, S. 2921, S. 3021, S. 3438 as 
     amended, H.R. 272, H.R. 421 as amended, H.R. 627, H.R. 675 as 
     amended, H.R. 677 as amended, H.R. 1313, H.R. 1338 as 
     amended, H.R. 1384, H.R. 1607 as amended, H.R. 1769 as 
     amended, H.R. 1994 as amended, H.R. 2256 as amended, H.R. 
     2360 as amended, H.R. 2915 as amended, H.R. 3016 as amended, 
     H.R. 3106 as amended, H.R. 3216, H.R. 3715 as amended, H.R. 
     4011, H.R. 4150 as amended, H.R. 4757 as amended, H.R. 5047, 
     H.R. 5099 as amended, H.R. 5229 as amended, H.R. 5286, and 
     H.R. 5526.
       S. 425 as amended was ordered favorably reported out of the 
     Committee on Veterans' Affairs of the Senate on December 9, 
     2015, and was reported out on December 7, 2016; S. 1203 as 
     amended passed the Senate on November 10, 2015; S. 1731 as 
     amended passed the Senate on October 29, 2015; S. 2921, which 
     incorporated provisions derived from numerous House and 
     Senate bills listed above, was introduced on May 11, 2016, 
     and was reported out of the Committee on Veterans' Affairs of 
     the Senate on May 16, 2016; S. 3438 as amended passed the 
     Senate on November 29, 2016; H.R. 675 as amended passed the 
     House on July 28, 2015; H.R. 677 as amended passed the House 
     on February 9, 2016; H.R. 1313 passed the House on May 18, 
     2015; H.R. 1338 as amended passed the House on November 16, 
     2015; H.R. 1384 passed the House on November 16, 2015; H.R. 
     1607 as amended passed the House on July 27, 2015; H.R. 1769 
     as amended was reported out of the Committee on Veterans' 
     Affairs of the House on May 24, 2016; H.R. 1994 as amended 
     passed the House on July 29, 2015; H.R. 2256 as amended 
     passed the House on July 21, 2015; H.R. 2360 as amended 
     passed the House on February 9, 2016; H.R. 2915 as amended 
     passed the House on February 9, 2016; H.R. 3016 as amended 
     passed the House on February 9, 2016; H.R. 3106 as amended 
     passed the House on February 9, 2016; H.R. 3216 passed the 
     House on September 26, 2016; H.R. 3715 as amended passed the 
     House on May 23, 2016; H.R. 4150 as amended was reported out 
     of the Committee on Veterans' Affairs of the House on 
     November 14, 2016; H.R. 4757 as amended passed the House on 
     November 29, 2016; H.R. 5047 passed the House on November 30, 
     2016; H.R. 5099 as amended was reported out of the Committee 
     on Veterans' Affairs of the House on November 14, 2016; and 
     H.R. 5229 as amended passed the House on May 23, 2016.
       The Committees have prepared the following explanation of 
     H.R. 6416 to reflect a Compromise Agreement between the 
     Committees. Differences between the provisions contained in 
     the Compromise Agreement and the related provisions of the 
     House Bills and the Senate Bills are noted in this document,

[[Page S7110]]

     except for clerical corrections, conforming changes made 
     necessary by the Compromise Agreement, and minor drafting, 
     technical, and clarifying changes.

                Title I--Disability Compensation Matters


                Expedited payment of survivors' benefits

     Current Law
       Section 5101 of title 38, United States Code (hereinafter, 
     ``U.S.C.''), requires a claimant to file a formal claim as a 
     condition of receiving Department of Veterans Affairs 
     (hereinafter, ``VA'' or ``the Department'') benefits.
     Senate Bill
       Section 301 of S. 2921 would amend section 5101 of title 
     38, U.S.C., to authorize VA to pay benefits under chapter 13 
     (dependency and indemnity compensation) and chapter 15 
     (pension) and sections 2302 (funeral expenses), 2307 (burial 
     benefits), and 5121 (accrued benefits) of title 38, U.S.C., 
     to a survivor of a veteran who has not filed a formal claim 
     if VA determines that the record contains sufficient evidence 
     to establish the survivor's entitlement to those benefits. 
     For purposes of establishing an effective date under section 
     5110 of title 38, U.S.C., the earlier of the following dates 
     would be treated as the date of receipt of the survivor's 
     application for benefits: the date the survivor or the 
     survivor's representative notifies VA of the veteran's death 
     through a death certificate or other relevant evidence that 
     establishes entitlement to survivors' benefits or the head of 
     any other department or agency of the Federal Government 
     notifies VA of the veteran's death. These changes would apply 
     with respect to claims for benefits based on a death 
     occurring on or after the date of enactment. The Secretary of 
     Veterans Affairs would be required to submit to the Committee 
     on Veterans' Affairs of the Senate and House of 
     Representatives a report on benefits paid pursuant to this 
     authority.
     House Bill
       Section 5 of H.R. 677 as amended generally contains the 
     same provisions as the Senate Bill, except that, for purposes 
     of establishing an effective date under section 5110 of title 
     38, U.S.C., the earlier of the following dates would be 
     treated as the date of receipt of the survivor's application 
     for benefits: the date the survivor or the survivor's 
     representative notifies VA of the veteran's death through a 
     death certificate or relevant medical evidence indicating 
     that the death was due to a service-connected or compensable 
     disability or the head of any other department or agency of 
     the Federal Government notifies VA of the veteran's death.
     Compromise Agreement
       Section 101 of the Compromise Agreement follows the 
     language in the Senate Bill.


               Board of Veterans' Appeals video hearings

     Current Law
       Under current law, section 7107(d) of title 38, U.S.C., an 
     individual who appeals to the Board of Veterans' Appeals 
     (hereinafter, ``Board'') may request a hearing at the Board's 
     location in Washington, DC, or at a VA facility outside of 
     Washington, DC (a field hearing). Further, under section 
     7107(e) of title 38, U.S.C., VA may provide equipment so that 
     hearings outside of the Washington, DC, area can be conducted 
     through video teleconference technology with Board members 
     located in DC. If VA has made that technology available, the 
     Chairman of the Board may allow appellants the opportunity to 
     participate in a hearing using video teleconference 
     technology, rather than having an in-person hearing with a 
     Board member.
     Senate Bill
       Section 303 of S. 2921 would amend section 7107 of title 
     38, U.S.C., to provide that, for purposes of scheduling a 
     hearing at the earliest possible date, the Board would 
     determine the location and type of hearing to be conducted. 
     It would further provide that an appellant may request a 
     different location or type of hearing and the Board must 
     grant such a request, as well as ensure the hearing is 
     scheduled at the earliest possible date without any undue 
     delay or other prejudice to the appellant. Amended section 
     7107 of title 38, U.S.C., would further provide that any 
     hearing conducted through picture and voice transmission must 
     be conducted in the same manner as, and must be considered 
     the equivalent of, a personal hearing.
     House Bill
       Section 10 of H.R. 677 as amended is substantively 
     identical to the provision in the Senate Bill.
     Compromise Agreement
       Section 102 of the Compromise Agreement follows the 
     language in both bills.
       Requirement that Secretary of Veterans Affairs publish the 
     average time required to adjudicate early-filed and later-
     filed appeals
     Current Law
       Under current law, section 7105(b) of title 38, U.S.C., a 
     claimant has 1 year to file a Notice of Disagreement after 
     the date on which VA mails notice of an initial decision on a 
     claim for benefits.
     Senate Bill
       Section 306 of S. 2921 would require VA, on an on-going 
     basis, to make available to the public the average length of 
     time it takes for VA to adjudicate a timely appeal and the 
     average length of time it takes VA to adjudicate an untimely 
     appeal. This requirement would take effect 1 year after 
     enactment and would apply until 3 years after enactment. VA 
     would be required to submit to the Committee on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     on whether publication of that data has had an effect on the 
     number of timely appeals that are filed. This section would 
     define a ``timely'' appeal for these purposes as meaning an 
     appeal filed not more than 180 days after the date VA mails 
     notice of the initial decision and an ``untimely'' appeal as 
     meaning an appeal filed more than 180 days after VA mails 
     notice of the initial decision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 103 of the Compromise Agreement follows the 
     language in the Senate Bill, except that it would use the 
     phrase ``early-filed'' to describe appeals filed not more 
     than 180 days after the date VA mails notice of the initial 
     decision and ``later-filed'' to describe appeals filed more 
     than 180 days after VA mails notice of the initial decision.
       Comptroller General review of claims processing performance 
     of regional offices of Veterans Benefits Administration
     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 307 of S. 2921 would require the Government 
     Accountability Office (hereinafter, ``GAO'') to complete a 
     review of VA's regional offices in order to help the Veterans 
     Benefits Administration achieve more consistent performance 
     in the processing of claims for disability compensation. The 
     review must be completed by not later than 15 months after 
     the date that is 270 days after the date of enactment. GAO 
     would be required to submit to the Committee on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     on the results of that review.
     House Bill
       Section 14 of H.R. 677 as amended would establish a 
     commission or task force to evaluate the backlog of claims at 
     VA, including analyzing the most effective means to quickly 
     and accurately resolve claims and options to improve the 
     process.
     Compromise Agreement
       Section 104 of the Compromise Agreement follows the 
     language in the Senate Bill.
       Report on staffing levels at regional offices of Department 
     of Veterans Affairs under National Work Queue
     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 310 of S. 2921 would require VA, not later than 15 
     months after enactment, to submit to the Committee on 
     Veterans' Affairs of the Senate and House of Representatives 
     a report on the criteria and procedures that VA will use to 
     determine appropriate staffing levels at the regional offices 
     while using the National Work Queue for the distribution of 
     claims processing work.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 105 of the Compromise Agreement follows the 
     language in the Senate Bill.
       Inclusion in annual budget submission of information on 
     capacity of Veterans Benefits Administration to process 
     benefits claims.
     Current Law
       Under current law, section 1105(a) of title 31, U.S.C., the 
     President is required to submit to Congress an annual budget.
     Senate Bill
       Section 309 of S. 2921 would require VA to include in its 
     annual budget submission information on the capacity of the 
     Veterans Benefits Administration to process claims for VA 
     benefits, including an estimate of the average number of 
     claims for benefits that a single full-time equivalent 
     employee can process in a year (excluding claims completed 
     during mandatory overtime), based on a time and motion study 
     and such other information as the Secretary of Veterans 
     Affairs considers appropriate; a description of the actions 
     VA will take to improve the processing of claims; and an 
     assessment of the actions VA identified in the previous year 
     that would be taken to improve claims processing and the 
     effects of those actions. This requirement would apply with 
     respect to the budget submitted for fiscal year 2017 and any 
     fiscal year thereafter.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 106 of the Compromise Agreement follows the 
     language in the Senate Bill, except that it would apply with 
     respect to any fiscal year after fiscal year 2018.


Report on plans of Secretary of Veterans Affairs to reduce inventory of 
    non-rating workload; sense of Congress regarding Monday Morning 
                            Workload Report

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 312 of S. 2921 would require VA, not later than 120 
     days after enactment, to submit to the Committee on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     that details VA's plans to reduce the inventory of work items 
     listed in the Monday Morning Workload Report under End

[[Page S7111]]

     Products 130 (Dependency--compensation), 137 (Dependency--
     pension), 173 (Pre-decisional hearings), 290 (Misc. 
     determinations), 400 (Correspondence), 600 (Due process--
     compensation), 607 (Due process--pension), 690 (Cost of 
     Living Adjustments and Social Security number verification), 
     930 (Review, including quality assurance), and 960 
     (Correction of errors).
       Section 313 of S. 2921 would express the sense of Congress 
     that VA should include in its Monday Morning Workload Report 
     additional information about fully-developed claims and 
     appeals.
     House Bill
       The House Bills contain no comparable provisions.
     Compromise Agreement
       Section 107 of the Compromise Agreement follows the 
     language in the Senate Bill.


Annual report on progress in implementing Veterans Benefits Management 
                                 System

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 311 of S. 2921 would require VA to submit reports 
     to Congress annually on the progress in implementing the 
     Veterans Benefits Management System (hereinafter, ``VBMS''). 
     The report would include an assessment of the current 
     functionality of VBMS, recommendations submitted to VA by 
     employees involved in claims processing for legislative or 
     administrative action considered appropriate to improve the 
     processing of claims, and recommendations submitted to VA by 
     veterans service organizations who use VBMS for legislative 
     or administrative action considered appropriate to improve 
     the system. The reporting requirement would sunset 3 years 
     after enactment.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 108 of the Compromise Agreement follows the 
     language in the Senate Bill.


   Improvements to authority for performance of medical disabilities 
                  examinations by contract physicians

     Current Law
       Under section 504 of Public Law 104-275, VA was authorized 
     to conduct a pilot program to use mandatory funding to 
     provide compensation and pension medical examinations through 
     the use of contractors. Under section 704 of Public Law 108-
     183, VA is authorized to use appropriated funds to obtain 
     compensation and pension medical examinations by contractors. 
     Currently, a physician providing an evaluation under these 
     authorities must be licensed in the state or territory in 
     which the examination takes place.
     Senate Bill
       Section 304 of S. 2921 would modify these authorities to 
     provide that, notwithstanding any law regarding the licensure 
     of physicians, a physician described below may conduct an 
     examination pursuant to a contract entered into under the 
     authority granted in Public Law 104-275 or Public Law 108-183 
     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. This new authority 
     would apply to a physician who has a current license to 
     practice the health care profession of the physician, is 
     performing authorized duties for VA pursuant to a contract 
     for compensation and pension examinations, and is not barred 
     from practicing his or her health care profession in any 
     state, the District of Columbia, or a Commonwealth, 
     territory, or possession of the United States.
     House Bill
       Section 11 of H.R. 677 as amended contains language 
     substantively identical to the Senate Bill.
     Compromise Agreement
       Section 109 of the Compromise Agreement follows the 
     language in both bills.


 Independent review of process by which Department of Veterans Affairs 
   assesses impairments that result from traumatic brain injury for 
              purposes of awarding disability compensation

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       S. 244 would require VA to enter into an agreement with the 
     Institute of Medicine of the National Academies to perform a 
     comprehensive review of examinations furnished by VA to 
     individuals who submit claims for compensation for traumatic 
     brain injury to assess their cognitive impairments.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 110 of the Compromise Agreement generally follows 
     the language in the Senate Bill, except that it would require 
     a study to encompass all potential residuals of traumatic 
     brain injury and includes technical changes.


             Reports on claims for disability compensation

     Current Law
       Under current law, section 5100 of title 38, U.S.C., the 
     term ``claimant'' means ``any individual applying for, or 
     submitting a claim for, any benefit under the laws 
     administered by the Secretary.''
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Sections 3 and 4 of H.R. 677 as amended would define the 
     term formal claim and require VA to submit to Congress 
     quarterly reports on formal and informal claims.
     Compromise Agreement
       Section 111 of the Compromise Agreement would require VA to 
     submit to the Committee on Veterans' Affairs of the Senate 
     and House of Representatives a report on VA's policies with 
     respect to the processing of reasonably raised unrelated 
     claims and would require VA, annually for 5 years, to submit 
     to the Committee on Veterans' Affairs of the Senate and House 
     of Representatives a report on complete and incomplete claims 
     for disability compensation submitted to VA.


    Sense of Congress regarding American veterans disabled for life

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 314 of S. 2921 would express the sense of Congress 
     appreciating the service of men and women disabled due to 
     service in the Armed Forces, supporting the annual 
     recognition of such American veterans who are disabled for 
     life, and encouraging the American people to honor such 
     veterans each year.
     House Bill
       Section 17 of H.R. 677 as amended contains language 
     substantively identical to the Senate Bill.
     Compromise Agreement
       Section 112 of the Compromise Agreement follows the 
     language in the Senate Bill with an updated estimate of the 
     number of veterans living with service-connected 
     disabilities.


 Sense of Congress on submittal of information relating to claims for 
     disabilities incurred or aggravated by military sexual trauma

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 315 of S. 2921 would express the sense of Congress 
     that VA should submit to Congress information on claims for 
     disability compensation based on post-traumatic stress 
     disorder alleged to have been incurred or aggravated by 
     military sexual trauma.
     House Bill
       Section 2 of H.R. 1607 as amended would require VA to 
     submit to Congress annual reports on claims for disability 
     compensation based on a mental health condition alleged to 
     have been incurred or aggravated by military sexual trauma.
     Compromise Agreement
       Section 113 of the Compromise Agreement would express the 
     sense of Congress that VA should submit to Congress 
     information on claims for disability compensation based on a 
     mental health condition alleged to have been incurred or 
     aggravated by military sexual trauma.

      Title II--United States Court of Appeals for Veterans Claims


 Extension of temporary increase in number of judges on United States 
                  Court of Appeals for Veterans Claims

     Current Law
       Under section 7253(a) of title 38, U.S.C., the United 
     States Court of Appeals for Veterans Claims (hereinafter, 
     ``Veterans Court'') was originally authorized to be composed 
     of not more than seven judges. In 2001, the Veterans Court 
     was temporarily expanded from seven to nine authorized judges 
     for the period spanning January 2002 through August 2005 by 
     Public Law 107-103. In 2008, the Veterans Court was again 
     expanded from seven to nine authorized judges until January 
     2013 by Public Law 110-389.
     Senate Bill
       Section 701 of S. 2921 would amend section 7253, U.S.C., to 
     expand the number of authorized judges at the Veterans Court 
     to nine through January 1, 2021. It also would require the 
     chief judge of the Veterans Court to report to Congress not 
     later than June 30, 2020, on the temporary expansion, 
     including an assessment on the effect of the expansion to 
     ensure appeals are handled in a timely manner, a description 
     of the types of ways in which the complexity levels of 
     appeals may vary based on appellants' eras of service, and a 
     recommendation on whether the number of judges should be 
     adjusted at the end of the expansion time.
     House Bill
       Section 201 of H.R. 675 as amended would expand the number 
     of authorized judges at the Veterans Court to nine through 
     January 1, 2020.
     Compromise Agreement
       Section 201 of the Compromise Agreement generally follows 
     the language in the Senate Bill.

[[Page S7112]]

  



  Life insurance program relating to judges of United States Court of 
                      Appeals for Veterans Claims

     Current Law
       Under chapter 87 of title 5, U.S.C., certain Federal 
     employees are eligible to purchase Federal Employees' Group 
     Life Insurance. Section 604(a)(5) of title 28, U.S.C., 
     provides that the Administrative Office of the United States 
     Courts will pay for certain judges age 65 and older any 
     increase in the cost of Federal Employees' Group Life 
     Insurance imposed after April 24, 1999.
     Senate Bill
       Section 702 of S. 2921 generally mirrors the House Bill 
     except that it specifies that the Veterans Court would pay 
     for the post-1999 increases.
     House Bill
       Section 203 of H.R. 675 as amended would amend section 7281 
     of title 38, U.S.C., to provide that the government would be 
     required to pay for any post-1999 increases in the life 
     insurance premiums for judges of the Veterans Court who are 
     age 65 and older.
     Compromise Agreement
       Section 202 of the Compromise Agreement follows the 
     language in the Senate Bill.


         Voluntary contributions to enlarge survivors' annuity

     Current Law
       Under section 7297 of title 38, U.S.C., a judge of the 
     Veterans Court may elect to pay for a survivor annuity that 
     would be paid to the judge's surviving spouse upon the death 
     of the judge.
     Senate Bill
       Section 703 of S. 2921 contains language that mirrors the 
     House Bill.
     House Bill
       Section 204 of H.R. 675 as amended would authorize a 
     covered judge to purchase, in three-month increments, up to 
     an additional year of service credit for each year of Federal 
     judicial service completed. A covered judge is defined as: 
     (1) a judge in regular active service; (2) a retired judge 
     who is recall-eligible; or (3) a retired judge who would be 
     recall-eligible but for meeting the aggregate recall service 
     requirements under section 7257(b)(3) of title 38, U.S.C., or 
     is permanently disabled as described by section 7257(b)(4) of 
     title 38, U.S.C.
     Compromise Agreement
       Section 203 of the Compromise Agreement follows the 
     language in both bills.


Selection of chief judge of United States Court of Appeals for Veterans 
                                 Claims

     Current Law
       Under current law, section 7253(d) of title 38, U.S.C., the 
     chief judge of the Veterans Court is the judge in regular 
     active service who is senior in commission among judges who 
     has served for at least 1 year as a judge and who has not 
     previously served as chief judge. The chief judge serves for 
     a term of 5 years or until the judge turns 70 years old, 
     whichever occurs first.
     Senate Bill
       Section 704 of S. 2921 would amend section 7253(d), U.S.C., 
     to add a prerequisite that a judge also must have at least 3 
     years remaining in his or her term of office in order to 
     serve as the chief judge. It would also specify that, if 
     there is no judge who meets all of the criteria to serve as 
     chief judge, the chief judge will be the judge in regular 
     active service who is senior in commission, has not 
     previously served as chief judge, and either has 3 years 
     remaining or has served for at least 1 year as a judge. If no 
     judge meets those criteria, the chief judge would be the 
     judge most senior in commission who has not previously served 
     as chief judge. These changes would apply with respect to 
     selection of a chief judge occurring on or after January 1, 
     2020.
     House Bill
       Section 206 of H.R. 675 as amended would revise the 
     qualifications for the chief judge of the Veterans Court. 
     This section would require that the chief judge: (1) be 64 
     years of age and under; (2) have at least 3 years remaining 
     in term of office; and (3) have not previously served as 
     chief judge. In any case in which there is no judge of the 
     Veterans Court who meets all of these requirements, the judge 
     of the Veterans Court in regular active service who is senior 
     in commission and has not served previously as chief judge 
     and has either served for at least 1 year as a judge of the 
     court or is 64 years of age and under and has at least 3 
     years remaining in term of office, would act as the chief 
     judge.
     Compromise Agreement
       Section 204 of the Compromise Agreement follows the 
     language in the Senate Bill.

              Title III--Burial Benefits and Other Matters


    Expansion of eligibility for headstones, markers, and medallions

     Current Law
       Current law, section 2306 of title 38, U.S.C., requires VA 
     to provide, upon request, a headstone or marker for the grave 
     of an eligible individual in a private cemetery. VA may also 
     provide, upon request, a medallion signifying the status of 
     the deceased as a veteran, to be affixed to the privately 
     purchased headstone or marker of the deceased in lieu of 
     providing a government-furnished headstone or marker. This 
     medallion is only available for the headstone or marker of an 
     individual who dies on or after November 1, 1990.
     Senate Bill
       Section 801 of S. 2921 would amend section 2306(d)(4) of 
     title 38, U.S.C., to specify that medallions may be provided 
     for deceased individuals who served in the Armed Forces on or 
     after April 6, 1917, in lieu of a government furnished 
     headstone or marker.
     House Bill
       Section 2 of H.R. 677 as amended is substantively identical 
     to section 801 of S. 2921. Section 1 of H.R. 4757 as amended 
     adds a new paragraph (5) to section 2306(d) of title 38, 
     U.S.C., requiring VA to provide a headstone, marker, or 
     medallion signifying the deceased's status as a medal of 
     honor recipient when furnishing a headstone, marker, or 
     medallion for placement in a private cemetery.
     Compromise Agreement
       Section 301 of the Compromise Agreement follows the 
     language in the House Bills and combines section 2 of H.R. 
     677 as amended with section 1 of H.R. 4757 as amended.


         Expansion of Presidential Memorial Certificate program

     Current Law
       Section 112 of title 38, U.S.C., authorizes a program to 
     honor the memory of deceased veterans with honorable 
     discharges and persons who died in active military, naval, or 
     air service by providing a Presidential certificate to 
     surviving family and friends.
     Senate Bill
       The Senate Bills contain no comparable provisions.
     House Bill
       Section 2 of H.R. 4757 as amended would amend section 112 
     of title 38, U.S.C., by adding eligible groups of individuals 
     from paragraphs (2), (3), and (7) of section 2402(a) of title 
     38, U.S.C.
     Compromise Agreement
       Section 302 of the Compromise Agreement replaces all 
     eligibility criteria in section 112 of title 38, U.S.C., with 
     eligibility based on a reference to paragraphs (1), (2), (3), 
     and (7) of section 2402(a) of that title.


 Department of Veterans Affairs study on matters relating to burial of 
          unclaimed remains of veterans in national cemeteries

     Current Law
       Under section 2302 of title 38, U.S.C., VA may pay for the 
     reimbursement of the costs of a burial receptacle when a 
     deceased veteran has no next of kin nor sufficient resources 
     to furnish the burial receptacle. Section 2414 of that title 
     requires VA to collect information from the local medical 
     examiner, funeral director, or other responsible entity on 
     whether or not the veteran was cremated and what steps were 
     taken to ensure the deceased veteran had no next of kin.
     Senate Bill
       Section 804 of S. 2921 would require VA to complete a study 
     on matters relating to the interment of unclaimed remains of 
     veterans in national cemeteries and submit a report to 
     Congress on the findings of the study. The study would 
     include the scope of related issues including the estimated 
     number of unclaimed remains, effectiveness of VA procedures 
     to work with persons or entities in custody of unclaimed 
     remains, and an assessment of state and local laws affecting 
     VA's ability to inter unclaimed remains. This section would 
     take effect 1 year after enactment and the report would be 
     required 1 year after it takes effect.
     House Bill
       Section 2 of H.R. 1338 as amended is substantively 
     identical to the Senate Bill in the requirements of the 
     study. The House Bill does not delay the effective date of 
     the provision after enactment.
     Compromise Agreement
       Section 303 of the Compromise Agreement follows the 
     language in the Senate Bill.


    Study on provision of interments in veterans' cemeteries during 
                                weekends

     Current Law
       Chapter 24 of title 38, U.S.C., establishes the National 
     Cemetery Administration, directs the Secretary of Veterans 
     Affairs to administer the national cemeteries, and authorizes 
     VA to provide aid to states and tribal organizations for the 
     establishment, expansion, and improvement of veterans' 
     cemeteries.
     Senate Bill
       The Senate Bills contain no comparable provisions.
     House Bill
       H.R. 3715 as amended would amend section 2404 of title 38, 
     U.S.C., to direct VA to permit interments in national 
     cemeteries and state veterans' cemeteries during weekends 
     other than Federal holiday weekends at the request of the 
     veteran's next of kin. VA would be required to notify an 
     individual requesting interment of a veteran of the 
     opportunity to request a weekend interment.
     Compromise Agreement
       Section 304 of the Compromise Agreement would require VA to 
     conduct a study on the feasibility and the need for providing 
     increased interment options on weekends. The study would need 
     to include information about requests for weekend burials 
     over the past 10 years as well as a comparison of practices 
     related to weekend burials at non-VA cemeteries. VA would be 
     required to complete the study and provide a report to 
     Congress within 180 days of enactment. Honoring

[[Page S7113]]

     as veterans certain persons who performed service in the 
     Reserve components of the Armed Forces.
     Current Law
       Under current law, section 101(2) of title 38, U.S.C., for 
     purposes of determining eligibility for benefits administered 
     by VA, a veteran is defined as ``a person who served in the 
     active military, naval, or air service, and who was 
     discharged or released therefrom under conditions other than 
     dishonorable.'' As such, a member of the Reserve components 
     who is eligible for retirement pay, or in receipt of retired 
     pay, who did not have qualifying active duty service, is not 
     recognized as a veteran for purposes of eligibility for 
     certain VA benefits.
     Senate Bill
       Section 701 of S. 1203 as amended would recognize the 
     service of certain individuals in the Reserve components of 
     the Armed Forces by honoring them as veterans. This section, 
     in a non-codified provision, would honor as a veteran those 
     individuals who are entitled under chapter 1223 of title 10, 
     U.S.C., to retired pay for irregular service or who would be 
     entitled to retired pay, but for age. Those who are honored 
     as ``veterans'' under this section would not be entitled to 
     any VA benefit by reason of such recognition.
     House Bill
       H.R. 1384 would amend title 38, U.S.C., to honor as a 
     veteran those individuals who are entitled under chapter 1223 
     of title 10, U.S.C., to retired pay for irregular service or 
     who would be entitled to retired pay, but for age. Those who 
     are honored as ``veterans'' under this section would not be 
     entitled to any VA benefit by reason of such recognition.
     Compromise Agreement
       Section 305 of the Compromise Agreement follows the 
     language in the Senate Bill.

     Title IV--Educational Assistance and Vocational Rehabilitation


Clarification of eligibility for Marine Gunnery Sergeant John David Fry 
                              Scholarship

     Current Law
       Section 3311(b)(9) of title 38, U.S.C., as amended by 
     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), authorizes educational assistance 
     to the surviving spouse and child of an active duty 
     servicemember who dies in the line of duty on or after 
     September 11, 2001. The delimitation date for use of this 
     benefit by a surviving spouse is 15 years from the date of 
     death of the active duty servicemember.
     Senate Bill
       Section 401 of S. 2921 would amend section 3317 of title 
     38, U.S.C., to allow Fry Scholarship recipients to 
     participate in the Yellow Ribbon Program. It would also amend 
     section 701(d) of the Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146) to treat 
     deaths of servicemembers that occurred between September 11, 
     2001, and December 31, 2005, as if they had occurred on 
     January 1, 2006, for purposes of that section. The changes 
     made by section 401 would apply to terms of study beginning 
     on or after January 1, 2015.
     House Bill
       Section 302 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 401 of the Compromise Agreement includes the 
     provision amending section 701(d) of the Veterans Access, 
     Choice, and Accountability Act of 2014 (Public Law 113-146) 
     to treat deaths of servicemembers that occurred between 
     September 11, 2001, and December 31, 2005, as if they had 
     occurred on January 1, 2006, for purposes of that section. It 
     does not include the provision amending section 3317 of title 
     38, U.S.C., to allow Fry Scholarship recipients to 
     participate in the Yellow Ribbon Program.


   Approval of courses of education and training for purposes of the 
vocational rehabilitation program of the Department of Veterans Affairs

     Current Law
       Subchapter I of chapter 36 of title 38, U.S.C., provides 
     criteria under which a course of education or training may be 
     approved or disapproved for the use of veterans educational 
     assistance. Assistance provided under the Vocational 
     Rehabilitation and Employment program is not subject to these 
     same criteria.
     Senate Bill
       Section 404 of S. 2921 amends section 3104(b) of title 38, 
     U.S.C., to require, to the maximum extent practicable, that 
     an education or training program pursued under Vocational 
     Rehabilitation and Employment must be an approved course for 
     purposes of the Montgomery GI Bill or the Post-9/11 GI Bill. 
     Section 404 would grant the Secretary of Veterans Affairs 
     authority to waive this new requirement. This section would 
     take effect 1 year after the provision's enactment.
     House Bill
       Section 303 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 402 of the Compromise Agreement follows the 
     language in both bills.


  Authority to prioritize vocational rehabilitation services based on 
                                  need

     Current Law
       Section 3104 of title 38, U.S.C., describes the services 
     and assistance that VA may provide under the Vocational 
     Rehabilitation and Employment program. It does not include 
     authority for VA to prioritize the provision of these 
     services to veterans.
     Senate Bill
       Section 405 of S. 2921 would add a new subsection to 
     section 3104 of title 38, U.S.C., granting the Secretary of 
     Veterans Affairs the authority to prioritize the provision of 
     Vocational Rehabilitation and Employment services to 
     veterans. The Secretary would be authorized to consider the 
     disability rating, employment handicap, qualification for an 
     independent living program, income, and any other appropriate 
     factor in establishing priority. The Secretary would be 
     required to submit a plan to Congress no later than 90 days 
     prior to any planned change in prioritizing services.
     House Bill
       Section 304 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 403 of the Compromise Agreement follows the 
     language in both bills.


    Reports on progress of students receiving Post-9/11 Educational 
                               Assistance

     Current Law
       Current law requires educational and training institutions 
     to report to VA the enrollment of students receiving VA 
     educational assistance, to include changes to enrollments 
     within a term and completion of the educational objective.
     Senate Bill
       Section 410 of S. 2921 would require educational 
     institutions to submit an annual report to VA not later than 
     1 year after enactment on the academic progress of students 
     for whom it receives payments under the Post-9/11 GI Bill. 
     The Secretary of Veterans Affairs would be required to 
     include this information in the annual report to Congress on 
     the Post-9/11 GI Bill.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 404 of the Compromise Agreement follows the 
     language in the Senate Bill.


   Recodification and improvement of election process for Post-9/11 
                     Educational Assistance Program

     Current Law
       The Post-9/11 Veterans Educational Assistance Act of 2008 
     (Public Law 110-252) established the process by which 
     individuals may elect from multiple educational assistance 
     programs for which they are eligible the one they wish to 
     use. The election is irrevocable.
     Senate Bill
       Section 406 of S. 2921 would codify in a redesignated 
     section 3325 of title 38, U.S.C., the provisions now found in 
     section 5003(c) of Public Law 110-252 and would add a 
     provision to that new section providing that, in the case of 
     an individual who on or after January 1, 2016, submits to VA 
     an election of which education program to use that VA 
     determines is clearly against the interests of the individual 
     or who fails to make an election, VA may make an alternative 
     election on behalf of the individual that VA determines is in 
     the best interests of the individual. This section would also 
     require VA to promptly notify the veteran of such alternate 
     election and allow the veteran 30 days to modify the 
     election.
     House Bill
       Section 305 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 405 of the Compromise Agreement follows the 
     language of both bills.


                          Work-Study Allowance

     Current Law
       Current law, section 3485 of title 38, U.S.C., authorizes 
     VA to pay a work-study allowance to individuals receiving VA 
     educational assistance if they meet certain enrollment 
     requirements and work for up to 25 hours per week at an 
     approved VA work-study location in a VA facility or 
     educational institution.
     Senate Bill
       Section 407 of S. 2921 would amend section 3485 of title 
     38, U.S.C., to provide an additional period of 5 years, from 
     June 30, 2016, to June 30, 2021, during which a student may 
     receive a work-study allowance for performing outreach 
     services for a State approving agency, providing hospital and 
     domiciliary care and medical treatment to veterans in a State 
     home, or performing an activity relating to the 
     administration of a national cemetery or a state veterans' 
     cemetery.
     House Bill
       Section 308 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 406 of the Compromise Agreement follows the 
     language in both bills, except that the 5-year period would 
     run from June 30, 2017, to June 30, 2022.


    Centralized reporting of veteran enrollment by certain groups, 
         districts, and consortiums of educational institutions

     Current Law
       Current law, section 3684 of title 38, U.S.C., requires 
     educational and training institutions to report to VA the 
     enrollment of students receiving VA educational assistance

[[Page S7114]]

     and to certify their compliance with the requirements of 
     approval for VA educational assistance in order to receive 
     payments.
     Senate Bill
       Section 421 of S. 2921 would modify section 3684 of title 
     38, U.S.C., so that an ``educational institution'' for 
     purposes of reporting to VA enrollments in education programs 
     would 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 enrollments in the group, district, 
     or consortium of institutions.
     House Bill
       Section 401 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 407 of the Compromise Agreement follows the 
     language in both bills.


                    Role of State approving agencies

     Current Law
       Under current law, section 3672 of title 38, U.S.C., 
     certain types of education courses meeting criteria in 
     chapter 36 of title 38, U.S.C., are deemed approved for the 
     use of VA educational assistance.
     Senate Bill
       Section 423 of S. 2921 would amend section 3672 of title 
     38, U.S.C., so that an education program would be deemed 
     approved for purposes of VA education benefits only if a 
     State approving agency determines that the program meets the 
     deemed-approved criteria. It would also modify section 3675 
     of title 38, U.S.C., so that a program that is not subject to 
     approval under section 3672 of title 38, U.S.C., may be 
     approved by a State approving agency or VA acting in the role 
     of a State approving agency when the criteria for approval of 
     accredited programs at for-profit institutions are met.
     House Bill
       Section 403 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 408 of the Compromise Agreement follows the 
     language in both bills.


 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

     Current Law
       Current law, sections 3675 and 3676 of title 38, U.S.C., 
     lists a number of requirements for accredited and non-
     accredited education and training programs to be approved for 
     VA educational assistance, including for licensure and 
     certification programs.
     Senate Bill
       Section 425 of S. 2921 would amend chapter 36 of title 38, 
     U.S.C., to require both accredited and non-accredited 
     programs that are designed to prepare an individual for 
     licensure or certification in a state to meet any 
     instructional curriculum licensure or certification 
     requirements of the state in order to be approved for 
     purposes of VA education benefits. It would also require 
     programs 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 or licensure to 
     be approved or licensed by the board or agency of the state 
     in order to be approved for purposes of VA education 
     benefits. It would also require that any course of education 
     designed to prepare a student for licensure to practice law 
     be accredited by a recognized party. It would add a new 
     subsection (f) to section 3676 of title 38, U.S.C., providing 
     that the Secretary of Veterans Affairs would be authorized to 
     waive either of those requirements in certain circumstances 
     and would add specific criteria for disapproving such courses 
     in section 3679 of title 38, U.S.C. This section would not 
     apply to individuals continuously enrolled in a course if 
     that course is later disapproved pursuant to this section.
     House Bill
       H.R. 2360 as amended contains similar language to the 
     Senate Bill, but lacks the language specifying the 
     requirements apply to courses preparing for licensure to 
     practice law and to standard college degree programs at 
     accredited public or not-for-profit educational institutions.
     Compromise Agreement
       Section 409 of the Compromise Agreement follows the 
     language in the Senate Bill.


                    Criteria used to approve courses

     Current Law
       Current law, section 3676 of title 38, U.S.C., requires 
     non-accredited courses to meet a number of criteria in order 
     to be approved for VA educational assistance. Included in 
     these are any additional criteria as may be deemed necessary 
     by the State approving agency.
     Senate Bill
       Section 424 of S. 2921 would modify section 3676 of title 
     38, U.S.C., so that additional criteria may be required only 
     if the Secretary, in consultation with the State approving 
     agency and pursuant to regulations prescribed to carry out 
     this requirement, determines that the additional criteria are 
     necessary and treat public, private, and proprietary for-
     profit educational institutions equitably. Section 424 would 
     modify section 3675 of title 38, U.S.C., so that accredited 
     courses must also meet those additional criteria to be 
     approved.
     House Bill
       Section 404 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 410 of the Compromise Agreement follows the 
     language in both bills.


                           Compliance surveys

     Current Law
       Section 3693 of title 38, U.S.C., requires VA to conduct 
     compliance surveys of institutions that enroll eligible 
     veterans in education programs approved for VA educational 
     assistance. VA must conduct compliance surveys each year for 
     institutions enrolling 300 or more eligible veterans or 
     offering courses other than standard college degrees.
     Senate Bill
       Section 426 of S. 2921 would amend section 3693 of title 
     38, U.S.C., to provide that VA generally must conduct an 
     annual compliance survey of educational institutions and 
     training establishments offering approved courses if at least 
     20 veterans or other VA beneficiaries are enrolled in its 
     courses; VA must design the compliance survey to ensure that 
     institutions or establishments and approved courses are in 
     compliance with all applicable provisions of chapters 30 
     through 36 of title 38, U.S.C.; VA must survey each 
     institution or establishment not less than once during every 
     2-year period; VA must assign not fewer than one education 
     compliance specialist to work on compliance surveys in any 
     year for each 40 compliance surveys required; and VA must, in 
     consultation with State approving agencies, annually 
     determine the parameters of the surveys and not later than 
     September 1 of each year make available to the State 
     approving agencies a list of educational institutions and 
     training establishments that will be surveyed during the 
     fiscal year following the date of making the list available.
     House Bill
       Section 405 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 411 of the Compromise Agreement follows the 
     language in both bills.


Modification of reduction in reporting fee multipliers for payments by 
       Secretary of Veterans Affairs to educational institutions

     Current Law
       Current law, section 3684 of title 38, U.S.C., directs VA 
     to pay educational institutions a fee for each educational 
     assistance beneficiary whose enrollment the institution 
     certifies to VA. The current fees are $9 or $12 per student 
     depending on whether or not the school receives an assistance 
     payment in care of the beneficiary.
     Senate Bill
       Section 902 of S. 2921 would change the rates of the 
     reporting fees that are paid to educational institutions 
     beginning on September 26, 2016. The rates would change from 
     $9 and $13 per student to $8 and $12 per student until 
     September 25, 2025.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 412 of the Compromise Agreement would change the 
     rates of the reporting fees to $6 and $12 per student through 
     September 25, 2017. From September 26, 2017, to September 25, 
     2026, the reporting fees would be paid at a rate of $7 and 
     $12 per student.


        Composition of Veterans' Advisory Committee on Education

     Current Law
       Current law, section 3692 of title 38, U.S.C., requires VA 
     to include veterans who are representative of World War II, 
     the Korean conflict era, the post-Korean conflict era, the 
     Vietnam era, the post-Vietnam era, and the Persian Gulf War 
     when forming the Veterans' Advisory Committee on Education.
     Senate Bill
       The Senate Bills contain no relevant provision.
     House Bill
       The House Bills contain no relevant provision.
     Compromise Agreement
       Section 413 of the Compromise Agreement includes language 
     from a VA legislative proposal that would amend section 
     3692(a) of title 38, U.S.C., to modify the requirements on 
     the composition of the Veterans' Advisory Committee on 
     Education. The current requirement to include veterans 
     representing specific conflict eras, such as World War II, 
     Korea, and Vietnam, would be replaced with a more flexible 
     requirement to include veterans representing those who have 
     used, are using, or may in the future use VA educational 
     assistance benefits.


Survey of individuals using their entitlement to educational assistance 
under the educational assistance programs administered by the Secretary 
                          of Veterans Affairs

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 427 of S. 2921 would require VA to contract with a 
     non-government entity to

[[Page S7115]]

     conduct a survey of individuals who are using or have used VA 
     educational benefits. The survey would have to be contracted 
     within 9 months of enactment, provided to the Committee on 
     Veterans' Affairs of the Senate and House of Representatives 
     at least 30 days in advance of data collection, completed 
     within 6 months, and conducted by electronic means. The 
     survey would include demographic information, opinion on 
     effectiveness of transition assistance programs, and 
     resources used to decide on a program of education and which 
     education benefit to use, among other survey requirements. VA 
     would be required to report to the Committee on Veterans' 
     Affairs of the Senate and House of Representatives on the 
     findings of this survey within 90 days of its completion.
     House Bill
       Section 406 of H.R. 3016 as amended is substantively 
     identical to the Senate Bill.
     Compromise Agreement
       Section 414 of the Compromise Agreement follows the 
     language in both bills.


Department of Veterans Affairs provision of information on articulation 
           agreements between institutions of higher learning

     Current Law
       Current law, section 3697A of title 38, U.S.C., directs VA 
     to provide educational and vocational counseling to veterans 
     within 1 year of separation from the military and to other 
     eligible individuals using VA educational assistance.
     Senate Bill
       The Senate Bills contain no similar provisions.
     House Bill
       H.R. 5047 would require VA counselors providing educational 
     or vocational counseling under section 3697A of title 38, 
     U.S.C., to provide, as part of that counseling, information 
     on articulation agreements at each educational institution in 
     which the individual is interested. VA must also include 
     information on articulation agreements when it provides a 
     certification of eligibility for educational assistance.
     Compromise Agreement
       Section 415 of the Compromise Agreement follows the 
     language in the House Bill.


   Retention of entitlement to educational assistance during certain 
                   additional periods of active duty

     Current Law
       Current law, sections 16131 and 16133 of title 10, U.S.C., 
     allows used entitlement to the Montgomery GI Bill-Selected 
     Reserves to be retained by an individual when their 
     enrollment is interrupted by orders to active duty under 
     certain sections of title 10, U.S.C.
     Senate Bill
       Section 408 of S. 2921 would add 10 U.S.C. 12304a and 
     12304b to the list of authorities in 10 U.S.C. 16131 and 
     16133 under which a reservist may regain lost payments and 
     lost entitlement for the Montgomery GI Bill-Selected Reserve 
     education program when that activation authority prevented 
     the reservist from completing his or her studies.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 416 of the Compromise Agreement follows the 
     language in the Senate Bill.


 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

     Current Law
       Current law, section 3679 of title 38, U.S.C., as amended 
     by section 702 of the Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 128 Stat. 
     1796; 38 U.S.C. 3311 note), requires VA to disapprove any 
     program in which a veteran within 3 years of separation or 
     their dependent using transferred education benefits is 
     charged more than the in-state tuition rate charged to 
     residents of the state for that same program.
     Senate Bill
       Section 428 of S. 2921 would amend section 3679(c)(2)(B) of 
     title 38, U.S.C., to specify that a covered individual 
     includes someone using education benefits transferred to them 
     under section 3319 of title 38, U.S.C., when the person who 
     transferred benefits is a veteran within 3 years of 
     separation from active duty or a member of the uniformed 
     services described in section 3319(b) of title 38, U.S.C. 
     Under this section, VA must disapprove courses in which these 
     covered individuals are charged more than the in-state 
     tuition rate charged to residents of the state for the same 
     program. This change would apply with courses and terms 
     beginning after July 1, 2017.
     House Bill
       Section 408 of H.R. 3016 as amended is similar to the 
     language in the Senate Bill but would require disapproval 
     when the in-state tuition rate is not applied for any 
     individual using transferred education benefits under section 
     3319 of title 38, U.S.C., without regard to how many years 
     have passed since the veteran's military separation.
     Compromise Agreement
       Section 417 of the Compromise Agreement follows the 
     language in the Senate Bill.


       Study on the effectiveness of veterans transition efforts

     Current Law
       Current law, section 1144 of title 10, U.S.C., requires the 
     Departments of Defense, Veterans Affairs, Homeland Security, 
     and Labor to provide transition assistance training to 
     transitioning members of the Armed Forces.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       H.R. 5229 as amended would require VA, in coordination with 
     the Departments of Defense and Labor, to conduct a study 
     evaluating military transition assistance programs with 
     emphasis on their effectiveness for certain groups of 
     minority veterans. VA would be required to report to Congress 
     its findings and any recommendations within 18 months of 
     enactment. The House Bill would also prohibit the 
     authorization of additional funds to carry out these 
     requirements.
     Compromise Agreement
       Section 418 of the Compromise Agreement follows the 
     language in the House Bill.

             Title V--Small Business and Employment Matters


 Modification of treatment under contracting goals and preferences of 
                     Department of Veterans Affairs

     Current Law
       Under current law, section 8127 of title 38, U.S.C., if the 
     death of a veteran causes a small business to be less than 51 
     percent owned by one or more veterans, the surviving spouse 
     of such veteran who acquires ownership rights shall be 
     treated as if the surviving spouse were that veteran for the 
     purpose of maintaining the status of the small business 
     concern as a small business concern owned and controlled by 
     veterans. The current transition period from the date of the 
     veteran's death is the earliest of the following dates: the 
     date on which the surviving spouse remarries; the date on 
     which the surviving spouse relinquishes an ownership interest 
     in the small business concern; or the date that is 10 years 
     after the date of the veteran's death.
       Current law only applies to 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.
     Senate Bill
       Sections 501 and 502 of S. 1203 as amended would modify the 
     ownership requirements for small business contracts and 
     preferences. In the case of a veteran who dies as a result of 
     a service-connected disability with a 100 percent rating, the 
     surviving spouse would also be allowed to assume control of 
     the business for 10 years after the date of the veteran's 
     death. For a veteran who passes away with less than 100 
     percent disability, who does not die of a service-connected 
     disability, a transition period of 3 years after the 
     veteran's death would be authorized.
     House Bill
       H.R. 1313 is substantively identical to the Senate Bill.
     Compromise Agreement
       Section 501 of the Compromise Agreement follows the 
     language in both bills.


 Longitudinal study of job counseling, training, and placement service 
                              for veterans

     Current Law
       Current law, section 4103A of title 38, U.S.C., provides 
     intensive services for veterans with significant barriers to 
     employment to meet their employment needs and facilitate 
     placements.
     Senate Bill
       Section 502 of S. 2921 would add section 4115 to chapter 41 
     of title 38, U.S.C., which would require the Secretary of 
     Labor to contract with a non-government entity to conduct a 
     5-year longitudinal study of job counseling, training, and 
     placement service for veterans. The study would collect 
     information relating to length of military service, 
     disability, unemployment, income levels, home ownership, use 
     of job counseling and training services, and demographic 
     information. The Secretary would report the findings to 
     Congress by not later than July 1 of each year for the 5-year 
     period and include in the report the number of job fairs 
     attended by One-Stop Career Center employees where they had 
     contact with veterans and the number of veterans contacted at 
     each job fair.
     House Bill
       Section 502 of H.R. 3016 as amended is substantively 
     similar to the Senate Bill but would not require the study or 
     inclusion of job fairs attended by One-Stop Career Center 
     employees.
     Compromise Agreement
       Section 502 of the Compromise Agreement follows the 
     language in the Senate Bill.


   Limitation on administrative leave for employees of Department of 
                            Veterans Affairs

     Current Law
       Current law places no restrictions on administrative leave.

[[Page S7116]]

  

     Senate Bill
       Section 124 of S. 2921 would restrict the ability of the 
     Secretary of Veterans Affairs to place employees on 
     administrative leave for no more than 14 days in a given 
     year. The Secretary may waive the limitation but would be 
     required to provide the Committee on Veterans' Affairs of the 
     Senate and House of Representatives a detailed explanation 
     for extending the administrative leave. The explanation would 
     be required to include the position and location where the 
     individual is employed. Not later than 30 days after the end 
     of each fiscal year, the Secretary would also be required to 
     submit to the Committee on Veterans' Affairs of the Senate 
     and House of Representatives a report listing the position of 
     each employee of the Department (if any) who has been placed 
     on administrative leave for a period longer than 14 business 
     days during such fiscal year.
     House Bill
       Section 7 of H.R. 1994 as amended is similar to the Senate 
     Bill, except that it would require the Secretary of Veterans 
     Affairs to also report the name of any individual who was 
     placed on administrative leave for longer than 14 days to the 
     Committee on Veterans' Affairs of the Senate and House of 
     Representatives. The House Bill also would not require an 
     additional report from the Secretary at the end of each 
     fiscal year of each individual placed on administrative leave 
     for a time that is greater than 14 days in the prior fiscal 
     year.
     Compromise Agreement
       Section 503 of the Compromise Agreement follows the 
     language in the House Bill, except that it would not require 
     the Secretary to provide any individual's name who is placed 
     on administrative leave for a time that is greater than 14 
     days and would only require the Secretary to report an 
     individual's job title, pay grade, and location.


 Required coordination between Directors for Veterans' Employment and 
     Training with State departments of labor and veterans affairs

     Current Law
       Current law, section 4103 of title 38, U.S.C., directs the 
     Department of Labor to assign directors of veterans' 
     employment and training to each state.
     Senate Bill
       Section 501 of S. 2921 would require the Department of 
     Labor's director of veterans' employment and training for 
     each state to coordinate their activities with the state 
     agencies for labor and veterans affairs. Section 501 would 
     take effect 1 year after the enactment date.
     House Bill
       The House Bills contain no similar provisions.
     Compromise Agreement
       Section 504 of the Compromise Agreement follows the 
     language in the Senate Bill.

                     Title VI--Health Care Matters


                        Subtitle A--Medical Care

 Requirement for advance appropriations for the Medical Community Care 
             account of the Department of Veterans Affairs

     Current Law
       Section 117 of title 38, U.S.C., provides for the advance 
     appropriations of certain VA appropriations accounts. 
     Providing appropriations in advance ensures that medical care 
     and certain benefits continue if annual appropriations bills 
     or a continuing resolution to provide funding are not signed 
     into law before the end of the fiscal year. Public Law 114-
     41, the Surface Transportation and Veterans Health Care 
     Choice Improvement Act of 2015, provided a new appropriations 
     account to fund medical care that is not provided at a VA 
     facility.
     Senate Bill
       Section 274 of S. 2921 would provide for the advance 
     appropriation of funding for the Medical Community Care 
     Appropriations account.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 601 of the Compromise Agreement follows the 
     language in the Senate Bill.


       Improved access to appropriate immunizations for veterans

     Current Law
       Section 1701 of title 38, U.S.C., provides definitions for 
     medical care and hospital care. To promote health and prevent 
     diseases among veterans, VA delivers preventive health 
     services, which includes providing immunizations against 
     infectious diseases. Recommendations on immunizations for 
     adults are made by the Advisory Committee on Immunization 
     Practices, an entity that advises the Secretary of the 
     Department of Health and Human Services and is supported by 
     the Centers for Disease Control and Prevention. That advisory 
     committee publishes an immunization schedule for adults.
     Senate Bill
       Section 201 of S. 2921 would amend section 1701 of title 
     38, U.S.C., to clarify that the term ``preventive health 
     services'' encompasses immunizations against infectious 
     diseases, including each immunization on the recommended 
     adult immunization schedule at the time such immunization is 
     indicated on that schedule. The section would also require VA 
     to report to the Committee on Veterans' Affairs of the Senate 
     and House of Representatives on programs conducted the 
     previous fiscal year to ensure veterans have access to the 
     recommended immunizations. Section 201 would also ensure that 
     a veteran would not receive an immunization that the veteran 
     does not wish to receive.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 602 of the Compromise Agreement follows the 
     language in the Senate Bill.


    Priority of medal of honor recipients in health care system of 
                     Department of Veterans Affairs

     Current Law
       Section 1705 of title 38, U.S.C., provides for eligibility 
     for the VA health care system. Medal of honor recipients are 
     eligible to be enrolled in the VA healthcare system under 
     priority group three and are required to pay applicable VA 
     copayments for certain care.
     Senate Bill
       Section 203 of S. 2921 would increase medal of honor 
     recipients from priority group three to priority group one in 
     the VA health care system. Medal of honor recipients would be 
     elevated to the highest priority group within the Veterans 
     Health Administration and would not be required to pay co-
     payments for care they received.
     House Bill
       Section 102 of H.R. 3016 as amended contains an identical 
     provision.
     Compromise Agreement
       Section 603 of the Compromise Agreement follows the 
     language in both bills.


  Requirement that Department of Veterans Affairs collect health-plan 
                   contract information from veterans

     Current Law
       Public Law 114-223 restricts VA's use of fiscal year 2017 
     funding for the provision of hospital care, nursing home 
     care, or medical services under chapter 17 of title 38, 
     U.S.C., for non-service connected disabilities under section 
     1729(a)(2) of title 38, U.S.C., unless the veteran has 
     provided third-party reimbursement information.
     Senate Bill
       Section 241 of S. 2921 would amend title 38, U.S.C., and 
     add a new section 1705A. This section would require VA to 
     collect from individuals information on health-plan contracts 
     and would allow VA to take any action necessary to collect 
     the information. In addition, this section would denote that 
     the Secretary may not deny services to an individual if he or 
     she fails to provide this information.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 604 of the Compromise Agreement follows the Senate 
     Bill.


  Mental health treatment for veterans who have served in classified 
                                missions

     Current Law
       Section 7301 of title 38, U.S.C., established within the 
     Veterans Health Administration of the Department of Veterans 
     Affairs the primary function to provide complete medical and 
     hospital services for the medical care and treatment of 
     veterans. Section 1701 of title 38, U.S.C., defines 
     ``hospital care'' to include ``mental health services, 
     consultation, professional counseling, marriage and family 
     counseling.''
     Senate Bill
       Section 212 of S. 2921 would amend title 38, U.S.C., by 
     adding a new section, 1720H, to direct VA to establish 
     standards and procedures in consultation with the Department 
     of Defense to ensure that veterans who participated in 
     classified missions or served in sensitive units may access 
     mental health care in a manner that fully accommodates their 
     obligation to not improperly disclose classified information.
     House Bill
       Section 3 of H.R. 2915 as amended contains an identical 
     provision.
     Compromise Agreement
       Section 605 of the Compromise Agreement follows the 
     language in the Senate and House Bills.


    Examination and treatment by Department of Veterans Affairs for 
            emergency medical conditions and women in labor

     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 246 of S. 2921 would add a new section, 1784A, to 
     title 38, U.S.C., to require any VA facility with an 
     emergency department to provide stabilizing care in the form 
     of an examination or treatment for an emergency medical 
     condition for any individual who is on the campus of the 
     hospital and requests treatment or has a request for 
     treatment made on his/her behalf.
     House Bill
       Section 2 of H.R. 3216 would add a new section 1730B to 
     title 38, U.S.C., to require a VA facility with an emergency 
     department to provide stabilizing care to an enrolled veteran 
     in the form of examination or treatment for an emergent 
     medical condition for

[[Page S7117]]

     a veteran that requests treatment or a treatment request is 
     made by an individual acting on behalf of the veteran.
     Compromise Agreement
       Section 606 of the Compromise Agreement follows the 
     language in the Senate Bill. It is the intent of Congress 
     that VA obtain other health insurance information from 
     individuals receiving care under this provision consistent 
     with the authority in section 604 of the Compromise 
     Agreement.


               Subtitle B--Veterans Health Administration

Time period covered by annual report on Readjustment Counseling Service

     Current Law
       Section 7309 of title 38, U.S.C., requires the Readjustment 
     Counseling Service (hereinafter, ``RCS'') to submit an annual 
     report covering the activities of the RCS for the preceding 
     calendar year.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 611 of the Compromise Agreement contains a new 
     provision that would amend section 7309 of title 38, U.S.C., 
     to change the time period covered by the annual report to 
     include the activities of the RCS in the preceding fiscal 
     year.


   Annual report on Veterans Health Administration and furnishing of 
         hospital care, medical services, and nursing home care

     Current Law
       Title 38, U.S.C., contains a number of requirements for VA 
     to submit reports to Congress regarding the Department's 
     activities.
     Senate Bill
       Section 248 of S. 2921 would amend title 38, U.S.C., by 
     adding a new section, 7330B, which would require VA to submit 
     an annual report to Congress regarding the provision of 
     hospital care, medical services, and nursing home care by the 
     Veterans Health Administration. An annual report would be due 
     not later than March 1 of each year from 2018 through 2022.
     House Bill
       Section 2 of H.R. 2256 as amended contains an identical 
     provision.
     Compromise Agreement
       Section 612 of the Compromise Agreement follows the 
     language in the Senate and House Bills.


 Expansion of qualifications for licensed mental health counselors of 
     the Department of Veterans Affairs to include doctoral degrees

     Current Law
       Section 7402(b)(11) of title 38, U.S.C., authorizes the 
     appointment in the Veterans Health Administration of licensed 
     professional mental health counselors (hereinafter, 
     ``LPMHC'') provided the LPMHCs hold a master's degree in 
     mental health counseling.
     Senate Bill
       Section 214 of S. 2921 would amend section 7402(b)(11) of 
     title 38, U.S.C., to expand the qualifications for an 
     individual to be appointed as a VA licensed professional 
     mental health counselor to include individuals with a 
     doctoral degree in mental health counseling.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 613 of the Compromise Agreement follows the 
     language in the Senate Bill.


  Modification of hours of employment for physicians employed by the 
                     Department of Veterans Affairs

     Current Law
       Section 7423(a) of title 38, U.S.C., establishes the hours 
     that are used to determine whether an employee is a full-time 
     employee. A full-time employee is one who works 80 hours over 
     a 2 week period.
     Senate Bill
       Section 221 of S. 2921 would amend section 7423(a) of title 
     38, U.S.C., to provide an exception to the requirement that 
     the hours of employment for a full-time VA physician or 
     physician assistant must consist of not less than 80 hours in 
     a biweekly pay period. Specifically, VA may modify the hours 
     of employment for a full-time physician or physician 
     assistant to be more or less than 80 hours in a biweekly pay 
     period if the total hours for the employee does not exceed 
     2,080 hours in a calendar year.
     House Bill
       Section 2 of H.R. 4150 as amended would amend section 
     7423(a) of title 38, U.S.C., to provide an exception to the 
     requirement that the hours of employment for a full-time 
     physician or physician assistant must consist of not less 
     than 80 hours in a pay period. Section 2 would also ban the 
     accrual of overtime because of the modification of the hours 
     of employment.
     Compromise Agreement
       Section 614 of the Compromise Agreement amends section 
     7423(a) of title 38, U.S.C., to provide an exception to the 
     requirement that the hours of employment for a full-time 
     physician must consist of not less than 80 hours in a pay 
     period, on the condition that the physician provides VA with 
     an advance written notice. It is the intent of Congress that 
     the advance written notice required by this section be a one-
     time notice to VA that the physician is willing to modify his 
     or her hours of employment as needed to ensure proper 
     staffing at the Department.


 Repeal of compensation panels to determine market pay for physicians 
                              and dentists

     Current Law
       Section 7431 of title 38, U.S.C., establishes a pay system 
     for VA physicians and dentists. The section also mandates 
     that a panel comprised of physicians or dentists make 
     recommendations on market pay for physicians or dentists.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 4 of H.R. 5526 would amend section 7431 of title 
     38, U.S.C., to repeal the requirement that physician or 
     dental compensation panels be considered when setting market 
     pay for physicians or dentists.
     Compromise Agreement
       Section 615 of the Compromise Agreement follows the 
     language in the House Bill.


    Clarification regarding liability for breach of agreement under 
 Department of Veterans Affairs Employee Incentive Scholarship Program

     Current Law
       Section 7671 of title 38, U.S.C., authorizes VA to carry 
     out the Employee Incentive Scholarship Program as a tool to 
     recruit and retain health professionals. This program 
     provides education and training scholarships for qualified 
     Veterans Health Administration employees. Under section 7675 
     of title 38, U.S.C., program participants are liable for the 
     amount which was paid to them or on their behalf if they fail 
     to maintain appropriate academic standing, are dismissed for 
     disciplinary reasons from the educational institution, 
     voluntarily terminate the education or training prior to 
     completion, fail to meet licensure requirements, or if the 
     participant is a part-time student who fails to maintain VA 
     employment while enrolled in a training course.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 616 of the Compromise Agreement would amend section 
     7675 of title 38, U.S.C., to include full-time students as 
     among VA Employee Incentive Scholarship participants liable 
     for the amount which was paid to them or on their behalf, in 
     the event the participant fails to maintain VA employment.


    Extension of period for increase in graduate medical education 
residency positions at medical facilities of the Department of Veterans 
                                Affairs

     Current Law
       The Veterans Access, Choice, and Accountability Act of 2014 
     (Public Law 113-146; 38 U.S.C. 7302 note) requires the 
     Secretary of Veterans Affairs to increase the number of 
     graduate medical education residency positions by 1,500 
     residency slots during the 5 year period that began 1 year 
     after enactment of Public Law 113-146.
     Senate Bill
       Section 223 of S. 2921 would amend the Veterans Access, 
     Choice, and Accountability Act of 2014 (Public Law 113-146; 
     38 U.S.C. 7302 note) to allow VA an additional 5 years to 
     increase the number of graduate medical education residency 
     positions at medical facilities of VA by 1,500 positions. It 
     would also extend for 5 years the requirement that VA submit 
     an annual report to the Committee on Veterans' Affairs of the 
     Senate and House of Representatives on graduate medical 
     education residency positions at VA medical facilities.
     House Bill
       H.R. 4011 contains an identical provision.
     Compromise Agreement
       Section 617 of the Compromise Agreement is identical to 
     both the House and Senate provisions.


 Report on public access to research by Department of Veterans Affairs

     Current Law
       Section 7303 of title 38, U.S.C., requires VA to carry out 
     a program of medical research in connection with the 
     provision of medical care and treatment to veterans in order 
     to more effectively carry out the primary function of the 
     Veterans Health Administration to contribute to the Nation's 
     knowledge about disease and disability.
     Senate Bill
       Section 296 of S. 2921 would provide that, not later than 
     180 days and 1 year after enactment, VA must submit a report 
     on increasing public access to scientific publications and 
     digital data from research funded by VA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 618 of the Compromise Agreement follows the 
     language in the Senate Bill.

[[Page S7118]]

  



    Authorization of certain major medical facility projects of the 
                     Department of Veterans Affairs

     Current Law
       Section 8104(a)(2) of title 38, U.S.C., requires statutory 
     authorization for all VA major medical facility construction 
     projects.
     Senate Bill
       S. 3438 as amended would authorize the Secretary of 
     Veterans Affairs to carry out a major medical facility 
     project in Reno, Nevada, and Long Beach, California.
     House Bill
       The House Bills contain no comparable provisions.
     Compromise Agreement
       Section 619 of the Compromise Agreement follows the 
     language in the Senate Bill.


                       Subtitle C--Toxic Exposure

                              Definitions

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 281 of S. 2921 would define the terms Armed Forces, 
     descendant, toxic exposure, and veteran for purposes of this 
     subtitle.
     House Bill
       Section 2 of H.R. 1769 and section 301 of H.R. 5286 would 
     define the terms Armed Force, descendant, exposed, exposure, 
     toxic substance, and veteran for purposes of this subtitle.
     Compromise Agreement
       Section 631 of the Compromise Agreement follows the 
     language in the Senate Bill.


  National Academy of Medicine assessment on research relating to the 
             descendants of individuals with toxic exposure

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 282 of S. 2921 would require that, not later than 
     180 days after enactment, the Secretary of Veterans Affairs 
     enter into an agreement with the National Academy of Medicine 
     (hereinafter, ``NAM'') to conduct an assessment on scientific 
     research relating to the descendants of individuals with 
     toxic exposure. If an agreement cannot be entered into, the 
     Secretary must seek to enter into such an agreement with 
     another appropriate organization.
       Section 282 would require that the assessment include 
     review of the scientific literature regarding toxicological 
     and epidemiological research on descendants of individuals 
     with toxic exposure; an assessment of areas requiring further 
     study; and an assessment of the scope and methodology 
     required to conduct adequate research including the types of 
     individuals to be studied, the number of veterans and 
     descendants to be studied, alternatives for participation, 
     amount of time and resources needed, and the appropriate 
     Federal agencies needed to participate. Section 282 also 
     would require the establishment of categories, including 
     definitions for each category, to be used in assessing the 
     evidence that a particular health condition is related to 
     toxic exposure and an analysis of the feasibility of 
     conducting scientific research, the value and relevance of 
     the information that could result from the research, and the 
     feasibility and advisability of assessing additional 
     information held by a Federal agency that may be sensitive. 
     The assessment also would include the identification of a 
     research entity or entities with expertise in conducting 
     research on health conditions of descendants of individuals 
     with toxic exposure and the ability to conduct the 
     recommended research.
       Not later than 2 years after entering into an agreement, 
     section 282 would require the organization to provide a 
     report that includes the results of the assessment conducted 
     regarding the scope and methodology required to conduct 
     adequate research and a determination regarding whether the 
     results of such assessment indicate that it is feasible to 
     conduct further research, including an explanation of the 
     basis for determination. Not later than 90 days after 
     receiving the results of the assessment and determination, 
     the Secretary of Veterans Affairs must submit to the 
     Committee on Veterans' Affairs of the Senate and House of 
     Representatives a certification of the understanding of the 
     Secretary regarding the feasibility of conducting further 
     research regarding health conditions of descendants of 
     veterans with toxic exposure.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 632 of the Compromise Agreement follows the 
     language in the Senate Bill.


Advisory board on research relating to health conditions of descendants 
   of veterans with toxic exposure while serving in the Armed Forces

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 283 of S. 2921 would require that, unless the 
     Secretary of Veterans Affairs certifies that it is not 
     feasible to conduct further research, not later than 180 days 
     after receiving the assessment from the NAM, the Secretary 
     establish an advisory board to advise the Secretary in the 
     selection of a research entity or entities, advise the entity 
     or entities in conducting research and advise the Secretary 
     with respect to the activities of the entity or entities. The 
     advisory board would consist of 13 voting members with not 
     less than two members of organizations with tax exempt 
     status, two descendants of veterans with toxic exposure, and 
     seven health professionals, scientists or academics with 
     expertise in research. It is the intent of the Senate that 
     the Secretary select health professionals, scientists, or 
     academics to serve on the advisory board that are highly 
     qualified in their respective fields and have peer-reviewed 
     published work. The advisory board would advise the Secretary 
     in the selection of a research entity or entities, advise the 
     entity and assess the activities of the entity in conducting 
     research, develop a research strategy for the entity or 
     entities, advise the Secretary with respect to the activities 
     of the entity or entities, submit recommendations for the 
     annual report, and meet not less frequently than semiannually 
     with the Secretary and representatives of the entity or 
     entities.
     House Bill
       Section 4 of H.R. 1769 and section 303 of H.R. 5286 would 
     require that, within 180 days of enactment, VA establish an 
     advisory board to oversee and assess the National Center 
     established under section 3 of H.R. 1769 and section 302 of 
     H.R. 5286. It would require that, within 120 days of 
     enactment, the Secretary of Veterans Affairs, in consultation 
     with the Secretary of Health and Human Services, the Director 
     of the National Institute of Environmental Health Sciences, 
     and other heads of Federal agencies as the Secretary 
     determines appropriate select no less than 13 voting members 
     with not less than three members of organizations with tax 
     exempt status, not less than one descendant of a veteran 
     exposed to toxic substances who has manifested a structural 
     or functional birth defect or a health condition that is 
     related to the toxic exposure, or a parent or child of that 
     descendant, not less than six health professionals, 
     scientists, or academics who are not employees of the Federal 
     Government and have expertise in research. The Secretary may 
     select additional members from among social workers and 
     advocates for veterans or members of the Armed Forces who are 
     not employees of the Federal Government and nonvoting members 
     who are employees of the Federal Government with expertise in 
     research. The advisory board would meet quarterly with the 
     National Center, review the annual report submitted by the 
     National Center and advise the Secretary with respect to the 
     National Center's work and issues related to the health 
     conditions of descendants of veterans exposed to toxic 
     substances, including any determinations or recommendations 
     that the advisory board may have with respect to the 
     feasibility and advisability of the Department providing 
     health care services to descendants. No later than 1 year 
     after the establishment of the advisory board and not less 
     than 1 year thereafter, the board would be required to submit 
     a report with recommendations for administrative and 
     legislative action to the Committee on Veterans' Affairs of 
     the Senate and House of Representatives and to the Secretary.
     Compromise Agreement
       Section 633 of the Compromise Agreement follows the 
     language in the Senate Bill, as well as the intent expressed 
     by the Senate.


Research relating to health conditions of descendants of veterans with 
            toxic exposure while serving in the Armed Forces

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 284 of S. 2921 would require, unless the Secretary 
     certifies that it is not feasible to conduct further 
     research, not later than 1 year after receiving the results 
     and determination from the NAM, the Secretary to enter into 
     an agreement with one or more research entities to conduct 
     research on health conditions of descendants of veterans with 
     toxic exposure while serving as members of the Armed Forces.
       The research entity or entities would assess, using the 
     categories established in section 282, the extent to which a 
     health condition of a descendant of a veteran is related to 
     toxic exposure of the veteran while serving as a member of 
     the Armed Forces. The entity would be allowed to study 
     individuals as identified in the assessment in section 282, 
     which includes veterans with toxic exposure and the 
     descendants of those veterans. The Senate encourages the 
     research entity, as feasible, to examine the role of 
     epigenetics on male reproduction as it relates to toxic 
     exposure among veterans. The Secretary of Defense and the 
     Secretary of Veterans Affairs would be required to make 
     available to the research entity records held by VA, the 
     Department of Defense, the Armed Forces, or any other Federal 
     agency, as appropriate, that the research entity determines 
     are necessary. The Secretaries would jointly establish a 
     mechanism for access.
       Not later than 1 year after commencing the research, and 
     not later than September 30 each year thereafter, the 
     research entity would, in consultation with the advisory 
     board, submit to the Secretary and the Committee on Veterans' 
     Affairs of the Senate

[[Page S7119]]

     and House of Representatives a report on the functions of the 
     research entity during the preceding year. The report would 
     include a summary of the research efforts, a description of 
     any findings made, and recommendations for administrative or 
     legislative action made by the advisory board, which may 
     include recommendations for further research. Upon request 
     from any 501(c)(19) tax exempt organization, the Secretary 
     may transmit to the organization a copy of the report.
     House Bill
       Section 3 of H.R. 1769 and section 302 of H.R. 5286 would 
     require that, no later than 1 year after enactment, the 
     Secretary of Veterans Affairs select, in consultation with 
     the advisory board established under section 4 of H.R. 1769 
     and section 303 of H.R. 5286, a VA medical center to serve as 
     the national center for research on the diagnosis and 
     treatment of health conditions of descendants of individuals 
     exposed to toxic substances while serving as a member of the 
     Armed Forces that are related to such exposure. The National 
     Center must be selected from among VA's medical centers with 
     expertise in diagnosing and treating functional and 
     structural birth defects, or expertise in caring for 
     individuals exposed to toxic substances and diagnosing and 
     treating any health conditions resulting from such exposure 
     or medical centers that are affiliated with research medical 
     centers or teaching hospitals with such expertise. The Center 
     would be required to study individuals that are a descendant 
     of a member of the Armed Forces and such member was exposed 
     to a toxic substance while serving as a member of the Armed 
     Forces and such descendant is afflicted with a health 
     condition that is related to the exposure of such member to 
     such toxic substance and individuals that were exposed to a 
     toxic substance while serving as a member of the Armed Forces 
     and are afflicted with a health condition that is related to 
     the exposure. Not less than once a year, the National Center 
     must submit to Congress and the advisory board a report that 
     includes the research efforts that have been completed during 
     that year, and efforts that are ongoing as of the date of 
     submittal of the report.
       Section 5 of H.R. 1769 and section 305 of H.R. 5286 would 
     require the Secretary of Defense to conduct a 
     declassification review to determine what information may be 
     made publicly available relating to any known incident in 
     which no less than 100 members of the Armed Forces were 
     exposed to a toxic substance that resulted in at least one 
     case of a disability that a specialist in the field of 
     occupational medicine has determined to be credibly 
     associated with that toxic substance. To the extent possible 
     and consistent with national security, the Secretary would be 
     required to make publicly available the information 
     declassified following the review.
       Section 5 of H.R. 1769 and section 305 of H.R. 5286 would 
     require the Secretary of Veterans Affairs, in consultation 
     with the Secretary of Health and Human Services and the 
     Secretary of Defense, to conduct a national outreach and 
     education campaign directed toward members of the Armed 
     Forces, veterans, and their family members to communicate (1) 
     information on incidents of exposure of members of the Armed 
     Forces to toxic substances, health conditions resulting from 
     such exposure, and the potential long-term effects of such 
     exposure on the individuals exposed to those substances and 
     the descendants of those individuals and (2) information on 
     the National Center established under section 302 for 
     individuals eligible to participate in studies conducted at 
     the National Center.
     Compromise Agreement
       Section 634 of the Compromise Agreement follows the 
     language in the Senate Bill, as well as the intent expressed 
     by the Senate.

                    Title VII--Homelessness Matters


          Subtitle A--Access of Homeless Veterans to Benefits

 Expansion of definition of homeless veteran for purposes of benefits 
    under the laws administered by the Secretary of Veterans Affairs

     Current Law
       Section 2002 of title 38, U.S.C., defines ``homeless 
     veteran,'' for purposes of eligibility for VA homeless 
     programs, as the term is defined in section 103(a) of the 
     McKinney-Vento Homeless Assistance Act (section 11302(a) of 
     title 42, U.S.C.). Congress amended the McKinney-Vento 
     Homeless Assistance Act in 2009 to include homeless 
     individuals or families fleeing their residence as a result 
     of domestic or other life-threatening situations. VA's 
     definition of homeless veteran has not been updated to 
     reflect this change.
     Senate Bill
       Section 601 of S. 2921 would amend section 2002 in title 
     38, U.S.C., so that the VA definition of homeless would 
     include those individuals described in section 11302(b) of 
     title 42, U.S.C., such as those fleeing domestic violence.
       Section 4 of S. 1731 as amended would define veteran for 
     purposes of certain VA programs, including the Grant and Per 
     Diem (hereinafter, ``GPD'') program and the Supportive 
     Services for Very-Low Income Veteran Families (hereinafter, 
     ``SSVF'') program, as a person who served in the active 
     military, naval, or air service, regardless of length of 
     service, and who was discharged or released. This would not 
     include a person who received a dishonorable discharge or a 
     discharge by reason of a general court martial.
     House Bill
       Section 1 of H.R. 272 and section 3 of H.R. 2256 as amended 
     would amend section 2002 in title 38, U.S.C., so that the VA 
     definition of homeless would include those individuals 
     described in section 11302(b) of title 42, U.S.C., such as 
     those fleeing domestic violence. The House Bills are similar 
     to section 601 of S. 2921. The House Bills contain no 
     comparable provision to section 4 of S. 1731 as amended.
     Compromise Agreement
       Section 701(1) of the Compromise Agreement follows the 
     language in both the Senate and House Bills. Section 701(2) 
     follows the language in the Senate Bill.


  Authorization to furnish certain benefits to homeless veterans with 
      discharges or releases under other than honorable conditions

     Current Law
       Section 5303 of title 38, U.S.C., requires that individuals 
     be barred from receiving VA benefits under certain 
     conditions.
     Senate Bill
       Section 3 of S. 1731 as amended would amend section 5303 of 
     title 38, U.S.C., to exempt homeless veterans from being 
     disqualified from receiving services through VA's GPD program 
     and SSVF program as a result of a discharge or dismissal from 
     the Armed Forces under conditions other than honorable, 
     except for discharge by reason of a general court-martial.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 702 of the Compromise Agreement follows the 
     language in the Senate Bill.


Waiver of minimum period of continuous active duty in Armed Forces for 
                 certain benefits for homeless veterans

     Current Law
       Section 5303A of title 38, U.S.C., requires veterans who 
     entered into service after September 7, 1980, to have 
     completed the shorter of 24 months of continuous active duty 
     or the full period for which the veteran was called to active 
     duty to be eligible for VA health benefits. Section 5303A of 
     title 38, U.S.C., includes a number of exceptions to this 
     requirement.
     Senate Bill
       Section 2 of S. 1731 as amended would amend section 
     5303A(b)(3) of title 38, U.S.C., to include among the 
     exceptions to the minimum period of continuous active duty 
     service requirement, homeless veterans eligible for VA's GPD 
     program and SSVF program.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 703 of the Compromise Agreement follows the 
     language in the Senate Bill.


 Training of personnel of the Department of Veterans Affairs and grant 
                               recipients

     Current Law
       Section 2012 of title 38, U.S.C., requires VA to award 
     grants and provide per diem payments to public and non-profit 
     private entities operating transitional housing facilities 
     and supportive services programs for veterans. Section 2044 
     of title 38, U.S.C., requires VA to provide financial 
     assistance to eligible entities to provide and coordinate the 
     provision of supportive services for very low-income veteran 
     families occupying permanent housing.
     Senate Bill
       Section 5 of S. 1731 as amended would require VA to provide 
     training and education on the implementation of this title 
     and the amendments made by this subtitle to VA staff 
     supporting or administering VA homeless programs and 
     recipients of grants or other funding to carry out the GPD or 
     SSVF program.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 704 of the Compromise Agreement follows the 
     language in the Senate Bill.


                              Regulations

     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 7 of S. 1731 as amended would require VA to 
     prescribe regulations not later than 270 days after the date 
     of enactment to ensure that VA is in compliance with this 
     title and the amendments made by this subtitle.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 705 of the Compromise Agreement follows the 
     language in the Senate Bill.


                             Effective date

     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 8 of S. 1731 as amended would require that this 
     subtitle and amendments made by the subtitle apply to 
     individuals

[[Page S7120]]

     seeking VA homeless benefits under chapter 20 of title 38, 
     U.S.C., before, on, and after the date of enactment.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 706 of the Compromise Agreement follows the 
     language in the Senate Bill. The intent of Congress is that 
     those previously found ineligible for services through VA's 
     GPD and SSVF programs would have the opportunity to receive a 
     new review for eligibility should they still need services 
     from either of those programs.


                 Subtitle B--Other Homelessness Matters

 Increased per diem payments for transitional housing assistance that 
            becomes permanent housing for homeless veterans

     Current Law
       Current law, section 2012 of title 38, U.S.C., requires VA 
     to award grants and provide per diem payments to public and 
     non-profit private entities operating transitional housing 
     facilities and supportive services programs for veterans. The 
     per diem payment, which is set at a maximum of $43.32 per 
     day, per veteran housed, is calculated based on the daily 
     cost of care, but may not exceed the rate paid to State homes 
     for domiciliary care.
     Senate Bill
       Section 602 of S. 2921 would amend section 2012(a)(2) of 
     title 38, U.S.C., to increase the maximum per diem rate for 
     homeless veteran service providers participating in the 
     Transition in Place program to compensate for an increase in 
     operational costs. Section 602 would also authorize the per 
     diem rate VA provides to certain entities that provide 
     services to homeless veterans to exceed the rate paid to 
     State homes in the case of services provided to a homeless 
     veteran who is placed in housing that will become permanent 
     housing upon termination of those services (transition-in-
     place). In those cases, the maximum per diem would be 150 
     percent of the State home rate.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 711 of the Compromise Agreement follows the 
     language in the Senate Bill.


 Program to improve retention of housing by formerly homeless veterans 
               and veterans at risk of becoming homeless

     Current Law
       Current law, section 2012 of title 38, U.S.C., requires VA 
     to award grants and provide per diem payments to public and 
     non-profit private entities operating transitional housing 
     facilities and supportive services programs for veterans.
     Senate Bill
       Section 604 of S. 2921 would amend title 38, U.S.C., to 
     redesignate current section 2013 as 2014 and insert a new 
     section 2013 to require VA to carry out a program to increase 
     housing stability and retention by providing grants to 
     community organizations that provide case management to 
     formerly homeless veterans. These organizations should 
     include those that are successfully providing or have 
     successfully provided transitional housing services under 
     sections 2012 or 2016 of title 38, U.S.C. This section would 
     require the Secretary of Veterans Affairs to give grant 
     provision priority to an organization that voluntarily stops 
     receiving per diem payments and converts an existing 
     transitional housing facility into a permanent housing 
     facility. This section would also require VA to submit a 
     report to Congress within 1 year of enactment to assess the 
     new program.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 712 of the Compromise Agreement follows the 
     language in the Senate Bill.


    Establishment of National Center on Homelessness Among Veterans

     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Subsection (a) of section 606 of S. 2921 would add a new 
     section 2067 to title 38, U.S.C., to codify the existing 
     National Center on Homelessness Among Veterans (hereinafter, 
     ``NCHAV''). This would require the Secretary of Veterans 
     Affairs to oversee a center that operates independently of 
     other VA homelessness programs. Subsection (a) of new section 
     2067 of title 38, U.S.C., would require that the NCHAV 
     implement the following functions: carry out and promote 
     research into the causes of and contributing factors to 
     veteran homelessness; assess the effectiveness of VA programs 
     to meet the needs of homeless veterans; identify and 
     disseminate best practices with regard to housing 
     stabilization, income support, employment assistance, 
     community partnerships, and other matters as the Secretary 
     deems appropriate; integrate evidence-based best practices, 
     policies, and programs into VA programs for homeless veterans 
     and ensure VA staff and community partners are effectively 
     able to implement them; and serve as a resource center for 
     all research and training activities carried out by VA, 
     Federal entities, and community partners to promote the 
     exchange of information with respect to veteran homelessness.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 713 of the Compromise Agreement follows the 
     language in the Senate Bill.


Requirement for Department of Veterans Affairs to assess comprehensive 
                 service programs for homeless veterans

     Current Law
       Section 2012 of title 38, U.S.C., requires VA to award 
     grants and provide per diem payments to public and non-profit 
     private entities operating transitional housing facilities 
     and supportive services programs for veterans.
     Senate Bill
       Section 610 of S. 2921 would require VA to assess and 
     measure the capacity of GPD programs, including how well they 
     achieve their stated goals at the national level, placements 
     in permanent housing and employment, and increases in the 
     regular income of participants in the programs. In conducting 
     the required assessment, VA should develop and use tools to 
     examine the capacity of the programs at the national and 
     local levels. The section would also require VA to utilize 
     information collected under this section to set specific 
     goals to ensure the GPD programs are effectively serving 
     homeless veterans, to assess whether the programs are meeting 
     the specific goals, to inform funding allocations for the 
     programs, and to improve the referral of homeless veterans to 
     GPD programs. VA would be required to submit a report to the 
     Committee on Veterans' Affairs of the Senate and House of 
     Representatives on the assessment and include recommendations 
     for legislative and administrative actions for improving the 
     programs.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 714 of the Compromise Agreement follows the 
     language in the Senate Bill.


    Report on outreach relating to increasing the amount of housing 
                         available to veterans

     Current Law
       Current law contains no relevant provisions.
     Senate Bill
       Section 611 of S. 2921, in a freestanding provision, would 
     require the Secretary of Veterans Affairs to submit to the 
     Committee on Veterans' Affairs of the Senate and House of 
     Representatives a report describing and assessing VA outreach 
     to realtors, landlords, property management companies, and 
     developers to educate them about the housing needs of 
     veterans as well as the benefits of having veterans as 
     tenants.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 715 of the Compromise Agreement follows the 
     language in the Senate Bill, except that it would require the 
     report to also be submitted to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Financial 
     Services Committee of the House of Representatives.

                       Title VIII--Other Matters


          Department of Veterans Affairs construction reforms

     Current Law
       Section 8104(a)(2) of title 38, U.S.C., requires statutory 
     authorization for all VA major medical facility construction 
     projects and requires VA to notify the Committees on 
     Veterans' Affairs and Appropriations of the Senate and the 
     House of Representatives prior to obligating any unobligated 
     amounts in the Construction, Major Projects account that are 
     a direct result of bid savings from a major construction 
     project.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 2 of H.R. 3106 as amended would require the use of 
     industry standards, standard designs, and best practices for 
     VA medical facility construction projects; require VA to 
     ensure that relevant employees have ongoing professional 
     training and development regarding industry standards and 
     best practices; prohibit VA from obligating/expending funds 
     for advance planning or design for any super construction 
     project until 60 days after congressional notification; 
     prohibit VA from obligating funds for a major medical 
     facility project/super construction project by more than 10 
     percent of the amount approved by law without congressional 
     approval; prohibit VA from using bid savings amounts/funds 
     for other than their original purpose before 30 days after 
     notifying the Committees on Veterans' Affairs and 
     Appropriations of the House of Representatives and the Senate 
     unless each committee approves the obligation; require VA to 
     report to the Committees on Veterans' Affairs and 
     Appropriations of the House of Representatives and the Senate 
     on the use of bid savings; require quarterly reports on super 
     construction projects; and require VA to complete a master 
     plan for each VA medical facility.
       Section 3 of H.R. 3106 as amended would create, within VA's 
     Office of the Inspector General, an Assistant Inspector 
     General for

[[Page S7121]]

     Construction to conduct, supervise, and coordinate audits, 
     evaluations, and investigations into the planning, design, 
     contracting, execution, and construction of VA facilities and 
     infrastructure.
     Compromise Agreement
       Section 801 of the Compromise Agreement follows the 
     language in the House Bill.
  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the bill be 
considered read a third time.
  The bill was ordered to a third reading and was read the third time.
  Mr. BOOZMAN. Mr. President, I know of no further debate on the bill.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (H.R. 6416) was passed.
  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________