Congressional Record, Volume 162 Issue 178 (Friday, December 9, 2016)

[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.

____________________