[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1203 Referred in House (RFH)]
<DOC>
114th CONGRESS
1st Session
S. 1203
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2015
Referred to the Committee on Veterans' Affairs, and in addition to the
Committees on Armed Services, Education and the Workforce, and the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the furnishing of
health care to veterans by the Department of Veterans Affairs, to
improve the processing by the Department of claims for disability
compensation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st Century
Veterans Benefits Delivery and Other Improvements Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
Sec. 101. Improved access to appropriate immunizations for veterans.
Sec. 102. Expansion of provision of chiropractic care and services to
veterans.
Subtitle B--Health Care Administration
Sec. 111. Expansion of availability of prosthetic and orthotic care for
veterans.
Sec. 112. Reports on public access to Department of Veterans Affairs
research.
Sec. 113. Revival of Intermediate Care Technician Pilot Program of
Department of Veterans Affairs.
Sec. 114. Transfer of health care provider credentialing data from
Secretary of Defense to Secretary of
Veterans Affairs.
Subtitle C--Improvement of Medical Workforce
Sec. 121. Inclusion of mental health professionals in education and
training program for health personnel of
the Department of Veterans Affairs.
Sec. 122. Expansion of qualifications for licensed mental health
counselors of the Department of Veterans
Affairs to include doctoral degrees.
Sec. 123. Report on medical workforce of the Department of Veterans
Affairs.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
Sec. 201. Participation of veterans service organizations in Transition
Assistance Program.
Sec. 202. Requirement that Secretary of Veterans Affairs publish the
average time required to adjudicate timely
and untimely appeals.
Sec. 203. Determination of manner of appearance for hearings before
Board of Veterans' Appeals.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
Sec. 211. Comptroller General review of claims processing performance
of regional offices of Veterans Benefits
Administration.
Sec. 212. Inclusion in annual budget submission of information on
capacity of Veterans Benefits
Administration to process benefits claims.
Sec. 213. Report on staffing levels at regional offices of Department
of Veterans Affairs after transition to
National Work Queue.
Sec. 214. Annual report on progress in implementing Veterans Benefits
Management System.
Sec. 215. Report on plans of Secretary of Veterans Affairs to reduce
inventory of non-rating workload.
Sec. 216. Sense of Congress on increased transparency relating to
claims for benefits and appeals of
decisions relating to benefits in Monday
Morning Workload Report.
Subtitle C--Other Benefits Matters
Sec. 221. Modification of pilot program for use of contract physicians
for disability examinations.
Sec. 222. Development of procedures to increase cooperation with
National Guard Bureau.
Sec. 223. Review of determination of certain service in Philippines
during World War II.
Sec. 224. Sense of Congress on submittal of information relating to
claims for disabilities incurred or
aggravated by military sexual trauma.
TITLE III--EDUCATION MATTERS
Sec. 301. Retention of entitlement to educational assistance during
certain additional periods of active duty.
Sec. 302. Reports on progress of students receiving Post-9/11
Educational Assistance.
Sec. 303. Secretary of Defense report on level of education attained by
those who transfer entitlement to Post-9/11
educational assistance.
Sec. 304. Reports on educational levels attained by certain members of
the Armed Forces at time of separation from
the Armed Forces.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
Sec. 401. Required coordination between Directors for Veterans'
Employment and Training with State
departments of labor and veterans affairs.
Sec. 402. Report on job fairs attended by one-stop career center
employees at which such employees encounter
veterans.
Sec. 403. Review of challenges faced by employers seeking to hire
veterans and sharing of information among
Federal agencies that serve veterans.
Sec. 404. Review of Transition GPS Program Core Curriculum.
Sec. 405. Modification of requirement for provision of preseparation
counseling.
TITLE V--VETERAN SMALL BUSINESS MATTERS
Sec. 501. Modification of treatment under contracting goals and
preferences of Department of Veterans
Affairs for small businesses owned by
veterans of small businesses after death of
disabled veteran owners.
Sec. 502. Treatment of businesses after deaths of servicemember-owners
for purposes of Department of Veterans
Affairs contracting goals and preferences.
TITLE VI--BURIAL MATTERS
Sec. 601. Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in
national cemeteries.
TITLE VII--OTHER MATTERS
Sec. 701. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
Sec. 702. Report on Laotian military support of Armed Forces of the
United States during Vietnam War.
Sec. 703. Restoration of prior reporting fee multipliers.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvement of Health Care Benefits
SEC. 101. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR VETERANS.
(a) Inclusion of Recommended Adult Immunizations as Medical
Services.--
(1) Covered benefit.--Subparagraph (F) of section 1701(9)
of title 38, United States Code, is amended to read as follows:
``(F) immunizations against infectious diseases,
including each immunization on the recommended adult
immunization schedule at the time such immunization is
indicated on that schedule;''.
(2) Recommended adult immunization schedule defined.--
Section 1701 of such title is amended by adding after paragraph
(9) the following new paragraph:
``(10) The term `recommended adult immunization schedule'
means the schedule established (and periodically reviewed and,
as appropriate, revised) by the Advisory Committee on
Immunization Practices established by the Secretary of Health
and Human Services and delegated to the Centers for Disease
Control and Prevention.''.
(b) Inclusion of Recommended Adult Immunizations in Annual
Report.--Section 1704(1)(A) of such title is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) to provide veterans each
immunization on the recommended adult
immunization schedule at the time such
immunization is indicated on that schedule.''.
(c) Report to Congress.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the development and implementation
by the Department of Veterans Affairs of quality measures and
metrics, including targets for compliance, to ensure that
veterans receiving medical services under chapter 17 of title
38, United States Code, receive each immunization on the
recommended adult immunization schedule at the time such
immunization is indicated on that schedule.
(2) Recommended adult immunization schedule defined.--In
this subsection, the term ``recommended adult immunization
schedule'' has the meaning given that term in section 1701(10)
of title 38, United States Code, as added by subsection (a)(2).
SEC. 102. EXPANSION OF PROVISION OF CHIROPRACTIC CARE AND SERVICES TO
VETERANS.
(a) Program for Provision of Chiropractic Care and Services to
Veterans.--Section 204(c) of the Department of Veterans Affairs Health
Care Programs Enhancement Act of 2001 (Public Law 107-135; 115 Stat.
2459; 38 U.S.C. 1710 note) is amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) The program shall be carried out at not fewer than two
medical centers or clinics in each Veterans Integrated Service Network
by not later than two years after the date of the enactment of the 21st
Century Veterans Benefits Delivery and Other Improvements Act, and at
not fewer than 50 percent of all medical centers in each Veterans
Integrated Service Network by not later than three years after such
date of enactment.''.
(b) Expanded Chiropractor Services Available to Veterans.--
(1) Medical services.--Paragraph (6) of section 1701 of
title 38, United States Code, is amended by adding at the end
the following new subparagraph:
``(H) Chiropractic services.''.
(2) Rehabilitative services.--Paragraph (8) of such section
is amended by inserting ``chiropractic,'' after
``counseling,''.
(3) Preventive health services.--Paragraph (9) of such
section is amended--
(A) by redesignating subparagraphs (F) through (K)
as subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the
following new subparagraph (F):
``(F) periodic and preventive chiropractic
examinations and services;''.
Subtitle B--Health Care Administration
SEC. 111. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR
VETERANS.
(a) Establishment or Expansion of Advanced Degree Programs To
Expand Availability of Provision of Care.--The Secretary of Veterans
Affairs shall work with institutions of higher education to develop
partnerships for the establishment or expansion of programs of advanced
degrees in prosthetics and orthotics in order to improve and enhance
the availability of high quality prosthetic and orthotic care for
veterans.
(b) Report.--Not later than one year after the effective date
specified in subsection (d), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report setting
forth a plan for carrying out subsection (a). The Secretary shall
develop the plan in consultation with veterans service organizations,
institutions of higher education with accredited degree programs in
prosthetics and orthotics, and representatives of the prosthetics and
orthotics field.
(c) Funding.--
(1) Authorization of appropriations.--There is hereby
authorized to be appropriated for fiscal year 2017 for the
Department of Veterans Affairs, $5,000,000 to carry out this
section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2019.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 112. REPORTS ON PUBLIC ACCESS TO DEPARTMENT OF VETERANS AFFAIRS
RESEARCH.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on
increasing public access to scientific publications and digital data
from research funded by the Department of Veterans Affairs.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Identification of where on the Internet website of the
Department the public will be able to access results of
research funded by the Department or be referred to other
sources to access the results of research funded by the
Department.
(2) A description of the progress made by the Department in
meeting public access requirements set forth in the Federal
Register notice entitled ``Policy and Implementation Plan for
Public Access to Scientific Publications and Digital Data from
Research Funded by the Department of Veterans Affairs'' (80
Fed. Reg. 60751), including the following:
(A) Compliance of Department investigators with
requirements relating to ensuring that research funded
by the Department is accessible by the public.
(B) Ensuring data management plans of the
Department include provisions for long-term
preservation of the scientific data resulting from
research funded by the Department.
(3) An explanation of the factors used to evaluate the
merit of data management plans of research funded by the
Veterans Health Administration.
(4) An explanation of the process of the Department in
effect that enables stakeholders to petition a change to the
embargo period for a specific field and the factors considered
during such process.
SEC. 113. REVIVAL OF INTERMEDIATE CARE TECHNICIAN PILOT PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Revival.--The Secretary of Veterans Affairs shall revive the
Intermediate Care Technician Pilot Program of the Department of
Veterans Affairs that was carried out by the Secretary between January
2013 and February 2014.
(b) Technicians.--
(1) Selection.--The Secretary shall select not less than 72
intermediate care technicians to participate in the pilot
program.
(2) Facilities.--
(A) In general.--Any intermediate care technician
hired pursuant to paragraph (1) may be assigned to a
medical facility of the Department as determined by the
Secretary for purposes of this section.
(B) Priority.--In assigning intermediate care
technicians under subparagraph (A), the Secretary shall
give priority to facilities at which veterans have the
longest wait times for appointments for the receipt of
hospital care or medical services from the Department,
as determined by the Secretary for purposes of this
section.
(c) Termination.--The Secretary shall carry out the pilot program
under subsection (a) during the three-year period beginning on the
effective date specified in subsection (e).
(d) Hospital Care and Medical Services Defined.--In this section,
the terms ``hospital care'' and ``medical services'' have the meanings
given such terms in section 1701 of title 38, United States Code.
(e) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 114. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM
SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS.
(a) In General.--In a case in which the Secretary of Veterans
Affairs hires a covered health care provider, the Secretary of Defense
shall, after receiving a request from the Secretary of Veterans Affairs
for the credentialing data of the Secretary of Defense relating to such
health care provider, transfer to the Secretary of Veterans Affairs
such credentialing data.
(b) Covered Health Care Providers.--For purposes of this section, a
covered provider is a health care provider who--
(1) is or was employed by the Secretary of Defense;
(2) provides or provided health care related services as
part of such employment; and
(3) was credentialed by the Secretary of Defense.
(c) Policies and Regulations.--The Secretary of Veterans Affairs
and the Secretary of Defense shall establish such policies and
promulgate such regulations as may be necessary to carry out this
section.
(d) Credentialing Defined.--In this section, the term
``credentialing'' means the systematic process of screening and
evaluating qualifications and other credentials, including licensure,
required education, relevant training and experience, and current
competence and health status.
(e) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 115. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS
FOR EMERGENCY MEDICAL CONDITIONS AND WOMEN IN LABOR.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by inserting after section 1784 the following
new section:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor
``(a) In General.--In the case of a hospital of the Department that
has an emergency department, if any individual comes to the hospital or
the campus of the hospital and a request is made on behalf of the
individual for examination or treatment for a medical condition, the
hospital must provide for an appropriate medical screening examination
within the capability of the emergency department, including ancillary
services routinely available to the emergency department, to determine
whether or not an emergency medical condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If any individual comes to a hospital of the
Department that has an emergency department or the campus of such a
hospital and the hospital determines that the individual has an
emergency medical condition, the hospital must provide either--
``(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for transfer of the individual to another medical
facility in accordance with subsection (c).
``(2) A hospital is deemed to meet the requirement of paragraph
(1)(A) with respect to an individual if the hospital offers the
individual the further medical examination and treatment described in
that paragraph and informs the individual (or a person acting on behalf
of the individual) of the risks and benefits to the individual of such
examination and treatment, but the individual (or a person acting on
behalf of the individual) refuses to consent to the examination and
treatment. The hospital shall take all reasonable steps to secure the
written informed consent of the individual (or person) to refuse such
examination and treatment.
``(3) A hospital is deemed to meet the requirement of paragraph (1)
with respect to an individual if the hospital offers to transfer the
individual to another medical facility in accordance with subsection
(c) and informs the individual (or a person acting on behalf of the
individual) of the risks and benefits to the individual of such
transfer, but the individual (or a person acting on behalf of the
individual) refuses to consent to the transfer. The hospital shall take
all reasonable steps to secure the written informed consent of the
individual (or person) to refuse such transfer.
``(c) Restricting Transfers Until Individual Stabilized.--(1) If an
individual at a hospital of the Department has an emergency medical
condition that has not been stabilized, the hospital may not transfer
the individual unless--
``(A)(i) the individual (or a legally responsible person
acting on behalf of the individual), after being informed of
the obligations of the hospital under this section and of the
risk of transfer, requests, in writing, transfer to another
medical facility;
``(ii) a physician of the Department has signed a
certification that, based upon the information available at the
time of transfer, the medical benefits reasonably expected from
the provision of appropriate medical treatment at another
medical facility outweigh the increased risks to the individual
and, in the case of labor, to the unborn child from effecting
the transfer; or
``(iii) if a physician of the Department is not physically
present in the emergency department at the time an individual
is transferred, a qualified medical person (as defined by the
Secretary for purposes of this section) has signed a
certification described in clause (ii) after a physician of the
Department, in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
``(B) the transfer is an appropriate transfer to that
facility.
``(2) A certification described in clause (ii) or (iii) of
paragraph (1)(A) shall include a summary of the risks and benefits upon
which the certification is based.
``(3) For purposes of paragraph (1)(B), an appropriate transfer to
a medical facility is a transfer--
``(A) in which the transferring hospital provides the
medical treatment within its capacity that minimizes the risks
to the health of the individual and, in the case of a woman in
labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified personnel
for the treatment of the individual; and
``(ii) has agreed to accept transfer of the
individual and to provide appropriate medical
treatment;
``(C) in which the transferring hospital sends to the
receiving facility all medical records (or copies thereof)
available at the time of the transfer relating to the emergency
medical condition for which the individual has presented,
including--
``(i) observations of signs or symptoms;
``(ii) preliminary diagnosis;
``(iii) treatment provided;
``(iv) the results of any tests; and
``(v) the informed written consent or certification
(or copy thereof) provided under paragraph (1)(A);
``(D) in which the transfer is effected through qualified
personnel and transportation equipment, including the use of
necessary and medically appropriate life support measures
during the transfer; and
``(E) that meets such other requirements as the Secretary
considers necessary in the interest of the health and safety of
individuals transferred.
``(d) Definitions.--In this section:
``(1) The term `campus' means, with respect to a hospital
of the Department--
``(A) the physical area immediately adjacent to the
main buildings of the hospital;
``(B) other areas and structures that are not
strictly contiguous to the main buildings but are
located not less than 250 yards from the main
buildings; and
``(C) any other areas determined by the Secretary
to be part of the campus of the hospital.
``(2) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself by
acute symptoms of sufficient severity (including severe
pain) such that the absence of immediate medical
attention could reasonably be expected to result in--
``(i) placing the health of the individual
(or, with respect to a pregnant woman, the
health of the woman or her unborn child) in
serious jeopardy;
``(ii) serious impairment to bodily
functions; or
``(iii) serious dysfunction of any bodily
organ or part; or
``(B) with respect to a pregnant woman who is
having contractions--
``(i) that there is inadequate time to
effect a safe transfer to another hospital
before delivery; or
``(ii) that transfer may pose a threat to
the health or safety of the woman or the unborn
child.
``(3)(A) The term `to stabilize' means, with respect to an
emergency medical condition described in paragraph (2)(A), to
provide such medical treatment of the condition as may be
necessary to assure, within reasonable medical probability,
that no material deterioration of the condition is likely to
result from or occur during the transfer of the individual from
a facility, or, with respect to an emergency medical condition
described in paragraph (2)(B), to deliver (including the
placenta).
``(B) The term `stabilized' means, with respect to an
emergency medical condition described in paragraph (2)(A), that
no material deterioration of the condition is likely, within
reasonable medical probability, to result from or occur during
the transfer of the individual from a facility, or, with
respect to an emergency medical condition described in
paragraph (2)(B), that the woman has delivered (including the
placenta).
``(4) The term `transfer' means the movement (including the
discharge) of an individual outside the facilities of a
hospital of the Department at the direction of any person
employed by (or affiliated or associated, directly or
indirectly, with) the hospital, but does not include such a
movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the permission of
any such person.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1784 the following new item:
``Sec. 1784A. Examination and treatment for emergency medical
conditions and women in labor.''.
Subtitle C--Improvement of Medical Workforce
SEC. 121. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN EDUCATION AND
TRAINING PROGRAM FOR HEALTH PERSONNEL OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--In carrying out the education and training program
required under section 7302(a)(1) of title 38, United States Code, the
Secretary of Veterans Affairs shall include education and training of
marriage and family therapists and licensed professional mental health
counselors.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 122. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL HEALTH
COUNSELORS OF THE DEPARTMENT OF VETERANS AFFAIRS TO
INCLUDE DOCTORAL DEGREES.
Section 7402(b)(11)(A) of title 38, United States Code, is amended
by inserting ``or doctoral degree'' after ``master's degree''.
SEC. 123. REPORT ON MEDICAL WORKFORCE OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans Affairs of the Senate and the Committee on
Veterans Affairs of the House of Representatives a report on the
medical workforce of the Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) With respect to licensed professional mental health
counselors and marriage and family therapists of the
Department--
(A) how many such counselors and therapists are
currently enrolled in the mental health professionals
trainee program of the Department;
(B) how many such counselors and therapists are
expected to enroll in the mental health professionals
trainee program of the Department during the 180-day
period beginning on the date of the submittal of the
report;
(C) a description of the eligibility criteria for
such counselors and therapists as compared to other
behavioral health professions in the Department;
(D) a description of the objectives, goals, and
timing of the Department with respect to increasing the
representation of such counselors and therapists in the
behavioral health workforce of the Department; and
(E) a description of the actions taken by the
Secretary, in consultation with the Director of the
Office of Personnel Management, to create an
occupational series for such counselors and therapists
and a timeline for the creation of such an occupational
series.
(2) A breakdown of spending by the Department in connection
with the education debt reduction program of the Department
under subchapter VII of chapter 76 of title 38, United States
Code, including--
(A) the amount spent by the Department in debt
reduction payments during the three-year period
preceding the submittal of the report disaggregated by
the medical profession of the individual receiving the
payments;
(B) a description of how the Department prioritizes
such spending by medical profession, including an
assessment of whether such priority reflects the five
occupations identified in the most recent determination
by the Inspector General of the Department of Veterans
Affairs as having the largest staffing shortages in the
Veterans Health Administration; and
(C) a description of the actions taken by the
Secretary to increase the effectiveness of such
spending for purposes of recruitment of health care
providers to the Department, including efforts to more
consistently include eligibility for the education debt
reduction program in vacancy announcements of positions
for health care providers at the Department.
(3) A description of any impediments to the delivery by the
Department of telemedicine services to veterans and any actions
taken by the Department to address such impediments, including
with respect to--
(A) restrictions under Federal or State laws;
(B) licensing or credentialing issues for health
care providers, including non-Department health care
providers, practicing telemedicine with a veteran
located in a different State;
(C) the effect of limited broadband access or
limited information technology capabilities on the
delivery of health care;
(D) the distance a veteran is required to travel to
access a facility or clinic with telemedicine
capabilities;
(E) the effect on the provision of telemedicine
services to veterans of policies of and limited
liability protection for certain entities; and
(F) issues relating to reimbursement and travel
limitations for veterans that affect the participation
of non-Department health care providers in the
telemedicine program.
(4) An update on the efforts of the Secretary to offer
training opportunities in telemedicine to medical residents in
medical facilities of the Department that use telemedicine,
consistent with medical residency program requirements
established by the Accreditation Council for Graduate Medical
Education, as required in section 108(b) of the Honoring
America's Veterans and Caring for Camp Lejeune Families Act of
2012 (Public Law 112-154; 38 U.S.C. 7406 note).
(5) An assessment of the development and implementation by
the Secretary of succession planning policies to address the
prevalence of vacancies in positions in the Veterans Health
Administration of more than 180 days, including the development
of an enterprise position management system to more effectively
identify, track, and resolve such vacancies.
(6) A description of the actions taken by the Secretary, in
consultation with the Director of the Office of Personnel
Management, to address any impediments to the timely
appointment and determination of qualifications for Directors
of Veterans Integrated Service Networks and Medical Directors
of the Department.
TITLE II--COMPENSATION AND OTHER BENEFITS MATTERS
Subtitle A--Benefits Claims Submission
SEC. 201. PARTICIPATION OF VETERANS SERVICE ORGANIZATIONS IN TRANSITION
ASSISTANCE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, in collaboration with the Secretary of Labor, the
Secretary of Homeland Security, and the Secretary of Veterans Affairs,
should establish a process by which a representative of a veterans
service organization may be present at any portion of the program
carried out under section 1144 of title 10, United States Code,
relating to the submittal of claims to the Secretary of Veterans
Affairs for compensation under chapter 11 or 13 of title 38, United
States Code.
(b) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on participation of veterans
service organizations in the program carried out under section
1144 of title 10, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the compliance of facilities
of the Department of Defense with the directives
included in the memorandum of the Secretary of Defense
entitled ``Installation Access and Support Services for
Nonprofit Non-Federal Entities'' and dated December 23,
2014.
(B) The number of military bases that have complied
with such directives.
(C) How many veterans service organizations have
been present at a portion of a program as described in
subsection (a).
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38.
SEC. 202. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS PUBLISH THE
AVERAGE TIME REQUIRED TO ADJUDICATE TIMELY AND UNTIMELY
APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of
Veterans Affairs shall make available to the public the
following:
(A) The average length of time to adjudicate a
timely appeal.
(B) The average length of time to adjudicate an
untimely appeal.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is one year after the date of the enactment of this
Act and shall apply until the date that is three years after
the date of the enactment of this Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on whether publication pursuant to subsection (a)(1) has had an
effect on the number of timely appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and timely appeals that
were filed during the one-year period ending on the
effective date specified in subsection (a)(2).
(B) The number of appeals and timely appeals that
were filed during the one-year period ending on the
date that is two years after the effective date
specified in subsection (a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of
disagreement filed pursuant to section 7105(a) of title 38,
United States Code, in response to notice of the result of an
initial review or determination regarding a claim for a benefit
under a law administered by the Secretary of Veterans Affairs.
(2) Timely.--The term ``timely'' with respect to an appeal
means that the notice of disagreement was filed not more than
180 days after the date of mailing of the notice of the result
of the initial review or determination described in paragraph
(1).
(3) Untimely.--The term ``untimely'' with respect to an
appeal means the notice of disagreement was filed more than 180
days after the date of mailing of the notice of the result of
the initial review or determination described in paragraph (1).
SEC. 203. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS BEFORE
BOARD OF VETERANS' APPEALS.
(a) In General.--Section 7107 of title 38, United States Code, is
amended--
(1) by striking subsection (e);
(2) by redesignating subsections (d) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections (d) and (e):
``(d)(1) Subject to paragraph (2), a hearing before the Board shall
be conducted, as the Board considers appropriate--
``(A) in person; or
``(B) through picture and voice transmission, by electronic
or other means, in such manner that the appellant is not
present in the same location as the member or members of the
Board during the hearing.
``(2) Upon request by an appellant, a hearing before the Board
shall be conducted, as the appellant considers appropriate--
``(A) in person; or
``(B) through picture and voice transmission as described
in paragraph (1)(B).
``(e)(1) In a case in which a hearing before the Board is to be
conducted through picture and voice transmission as described in
subsection (d)(1)(B), the Secretary shall provide suitable facilities
and equipment to the Board or other components of the Department to
enable an appellant located at an appropriate facility within the area
served by a regional office to participate as so described.
``(2) Any hearing conducted through picture and voice transmission
as described in subsection (d)(1)(B) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''; and
(4) in subsection (f)(1), as redesignated by paragraph (2),
by striking ``An appellant may request'' and all that follows
through ``office of the Department'' and inserting ``In a case
in which a hearing before the Board is to be conducted in
person, the hearing shall be held at the principal location of
the Board or at a facility of the Department located within the
area served by a regional office of the Department''.
(b) Conforming Amendment.--Subsection (a)(1) of such section is
amended by striking ``in subsection (f)'' and inserting ``in subsection
(g)''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to cases received by the Board of Veterans' Appeals
pursuant to notices of disagreement submitted on or after the date of
the enactment of this Act.
Subtitle B--Practices of Regional Offices Relating to Benefits Claims
SEC. 211. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING PERFORMANCE
OF REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the effective
date specified in subsection (e), the Comptroller General of the United
States shall complete a review of the regional offices of the Veterans
Benefits Administration to help the Veterans Benefits Administration
achieve more consistent performance in the processing of claims for
disability compensation.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) An identification of the following:
(A) The factors, including management practices,
that distinguish higher performing regional offices
from other regional offices with respect to claims for
disability compensation.
(B) The best practices employed by higher
performing regional offices that distinguish the
performance of such offices from other regional
offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve
the performance of regional offices.
(2) An assessment of the effectiveness of communication
with respect to the processing of claims for disability
compensation between the regional offices and veterans service
organizations and caseworkers employed by Members of Congress.
(c) Report.--Not later than 15 months after the effective date
specified in subsection (e), the Comptroller General shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
results of the review completed under subsection (a).
(d) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
(e) Effective Date.--This section shall take effect on the date
that is 270 days after the date of the enactment of this Act.
SEC. 212. INCLUSION IN ANNUAL BUDGET SUBMISSION OF INFORMATION ON
CAPACITY OF VETERANS BENEFITS ADMINISTRATION TO PROCESS
BENEFITS CLAIMS.
(a) In General.--Along with the supporting information included in
the budget submitted to Congress by the President pursuant to section
1105(a) of title 31, United States Code, the President shall include
information on the capacity of the Veterans Benefits Administration to
process claims for benefits under the laws administered by the
Secretary of Veterans Affairs, including information described in
subsection (b), during the fiscal year covered by the budget with which
the information is submitted.
(b) Information Described.--The information described in this
subsection is the following:
(1) An estimate of the average number of claims for
benefits under the laws administered by the Secretary,
excluding such claims completed during mandatory overtime, that
a single full-time equivalent employee of the Administration
can process in a year, based on the following:
(A) A time and motion study that the Secretary
shall conduct on the processing of such claims.
(B) Such other information relating to such claims
as the Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the
Secretary under paragraph (2) in the previous year and an
identification of the effects of those actions.
(c) Effective Date.--This section shall apply with respect to any
budget submitted as described in subsection (a) with respect to any
fiscal year after fiscal year 2017.
SEC. 213. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF DEPARTMENT
OF VETERANS AFFAIRS AFTER TRANSITION TO NATIONAL WORK
QUEUE.
Not later than 15 months after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the criteria and procedures
that the Secretary will use to determine appropriate staffing levels at
the regional offices of the Department once the Department has
transitioned to using the National Work Queue for the distribution of
the claims processing workload.
SEC. 214. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS BENEFITS
MANAGEMENT SYSTEM.
(a) In General.--Not later than each of one year, two years, and
three years after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to Congress a report on the progress
of the Secretary in implementing the Veterans Benefits Management
System.
(b) Contents.--Each report required by subsection (a) shall include
the following:
(1) An assessment of the current functionality of the
Veterans Benefits Management System.
(2) Recommendations submitted to the Secretary by employees
of the Department of Veterans Affairs who are involved in
processing claims for benefits under the laws administered by
the Secretary, including veterans service representatives,
rating veterans service representatives, and decision review
officers, for such legislative or administrative action as the
employees consider appropriate to improve the processing of
such claims.
(3) Recommendations submitted to the Secretary by veterans
service organizations who use the Veterans Benefits Management
System for such legislative or administrative action as the
veterans service organizations consider appropriate to improve
such system.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
SEC. 215. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS TO REDUCE
INVENTORY OF NON-RATING WORKLOAD.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that details the plans of the
Secretary to reduce the inventory of work items listed in the Monday
Morning Workload Report under End Products 130, 137, 173, 290, 400,
600, 607, 690, 930, and 960.
SEC. 216. SENSE OF CONGRESS ON INCREASED TRANSPARENCY RELATING TO
CLAIMS FOR BENEFITS AND APPEALS OF DECISIONS RELATING TO
BENEFITS IN MONDAY MORNING WORKLOAD REPORT.
It is the sense of Congress that the Secretary of Veterans Affairs
should include in each Monday Morning Workload Report published by the
Secretary the following:
(1) With respect to each regional office of the Department
of Veterans Affairs, the following:
(A) The number of fully developed claims for
benefits under the laws administered by the Secretary
that have been received.
(B) The number of claims described in subparagraph
(A) that are pending a decision.
(C) The number of claims described in subparagraph
(A) that have been pending a decision for more than 125
days.
(2) Enhanced information on appeals of decisions relating
to claims for benefits under the laws administered by the
Secretary that are pending, including information contained in
the reports of the Department entitled ``Appeals Pending'' and
``Appeals Workload By Station''.
Subtitle C--Other Benefits Matters
SEC. 221. MODIFICATION OF PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS
FOR DISABILITY EXAMINATIONS.
Section 504 of the Veterans' Benefits Improvement Act of 1996
(Public Law 104-275; 38 U.S.C. 5101 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph (2)
may conduct an examination pursuant to a contract entered into
under subsection (a) at any location in any State, the District
of Columbia, or a Commonwealth, territory, or possession of the
United States, so long as the examination is within the scope
of the authorized duties under such contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current license to practice the health
care profession of the physician; and
``(B) is performing authorized duties for the
Department of Veterans Affairs pursuant to a contract
entered into under subsection (a).''.
SEC. 222. DEVELOPMENT OF PROCEDURES TO INCREASE COOPERATION WITH
NATIONAL GUARD BUREAU.
(a) In General.--The Secretary of Veterans Affairs and the Chief of
the National Guard Bureau shall jointly develop and implement
procedures, including requirements relating to timeliness, to improve
the timely provision to the Secretary of such information in the
possession of the Chief as the Secretary requires to process claims
submitted to the Secretary for benefits under the laws administered by
the Secretary.
(b) Report.--Not later than one year after the implementation of
the procedures under subsection (a), the Secretary and the Chief shall
jointly submit to Congress a report describing--
(1) the requests for information relating to records of
members of the National Guard made by the Secretary to the
Chief pursuant to such procedures; and
(2) the timeliness of the responses of the Chief to such
requests.
SEC. 223. REVIEW OF DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES
DURING WORLD WAR II.
(a) In General.--The Secretary of Veterans Affairs, in consultation
with the Secretary of Defense and such military historians as the
Secretary of Defense recommends, shall review the process used to
determine whether a covered individual served in support of the Armed
Forces of the United States during World War II in accordance with
section 1002(d) of title X of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 38 U.S.C. 107 note) for
purposes of determining whether such covered individual is eligible for
payments described in such section.
(b) Covered Individuals.--In this section, a covered individual is
any individual who timely submitted a claim for benefits under
subsection (c) of section 1002 of title X of Division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 38 U.S.C. 107
note) based on service as described in subsection (d) of that section.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report detailing
any findings, actions taken, or recommendations for legislative action
with respect to the review conducted under subsection (a).
(d) Prohibition on Benefits for Disqualifying Conduct Under New
Process Pursuant to Review.--If pursuant to the review conducted under
subsection (a) the Secretary of Veterans Affairs determines to
establish a new process for the making of payments as described in that
subsection, the process shall include mechanisms to ensure that
individuals are not treated as covered individuals for purposes of such
payments if such individuals engaged in any disqualifying conduct
during service described in that subsection, including collaboration
with the enemy or criminal conduct.
SEC. 224. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION RELATING TO
CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY
MILITARY SEXUAL TRAUMA.
(a) In General.--It is the sense of Congress that the Secretary of
Veterans Affairs should submit to Congress information on the covered
claims submitted to the Secretary during each fiscal year, including
the information specified in subsection (b).
(b) Elements.--The information specified in this subsection with
respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered
by the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number
and percentage of such claims--
(A) submitted by each gender;
(B) that were approved, including the number and
percentage of such approved claims submitted by each
gender; and
(C) that were denied, including the number and
percentage of such denied claims submitted by each
gender.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each gender, of
claims assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of title 38, United
States Code, for such denials; and
(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
(5) Of the covered claims under paragraph (1) that were
resubmitted to the Secretary after denial in a previous
adjudication--
(A) the number of such claims submitted to or
considered by the Secretary during such fiscal year;
(B) the number and percentage of such claims--
(i) submitted by each gender;
(ii) that were approved, including the
number and percentage of such approved claims
submitted by each gender; and
(iii) that were denied, including the
number and percentage of such denied claims
submitted by each gender;
(C) the number and percentage, listed by each
gender, of claims assigned to each rating percentage of
disability; and
(D) of such claims that were again denied--
(i) the three most common reasons given by
the Secretary under section 5104(b)(1) of such
title for such denials; and
(ii) the number of denials that were based
on the failure of a veteran to report for a
medical examination.
(6) The number of covered claims that, as of the end of
such fiscal year, are pending and, separately, the number of
such claims on appeal.
(7) The average number of days that covered claims take to
complete beginning on the date on which the claim is submitted.
(c) Definitions.--In this section:
(1) Covered claims.--The term ``covered claims'' means
claims for disability compensation submitted to the Secretary
based on post-traumatic stress disorder alleged to have been
incurred or aggravated by military sexual trauma.
(2) Military sexual trauma.--The term ``military sexual
trauma'' shall have the meaning specified by the Secretary for
purposes of this section and shall include ``sexual
harassment'' (as so specified).
TITLE III--EDUCATION MATTERS
SEC. 301. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE DURING
CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY.
(a) Educational Assistance Allowance.--Section 16131(c)(3)(B)(i) of
title 10, United States Code, is amended by striking ``or 12304'' and
inserting ``12304, 12304a, or 12304b''.
(b) Expiration Date.--Section 16133(b)(4) of such title is amended
by striking ``or 12304'' and inserting ``12304, 12304a, or 12304b''.
SEC. 302. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 33 of title 38, United States Code, is
amended--
(1) in subsection 3325(c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) the information received by the Secretary under
section 3326 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3326. Report on student progress
``As a condition on approval under chapter 36 of this title of a
course offered by an educational institution (as defined in section
3452 of this title), each year, each educational institution (as so
defined) that received a payment in that year on behalf of an
individual entitled to educational assistance under this chapter shall
submit to the Secretary such information regarding the academic
progress of the individual as the Secretary may require.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Report on student progress.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 303. SECRETARY OF DEFENSE REPORT ON LEVEL OF EDUCATION ATTAINED BY
THOSE WHO TRANSFER ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3325(b)(1) of title 38, United States
Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon; and
(2) by adding at the end the following new subparagraph:
``(D) indicating the highest level of education
attained by each individual who transfers a portion of
the individual's entitlement to educational assistance
under section 3319 of this title; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 304. REPORTS ON EDUCATIONAL LEVELS ATTAINED BY CERTAIN MEMBERS OF
THE ARMED FORCES AT TIME OF SEPARATION FROM THE ARMED
FORCES.
(a) Annual Reports Required.--Each Secretary concerned shall submit
to Congress each year a report on the educational levels attained by
members of the Armed Forces described in subsection (b) under the
jurisdiction of such Secretary who separated from the Armed Forces
during the preceding year.
(b) Covered Members.--The members of the Armed Forces described in
this subsection are members of the Armed Forces who transferred unused
education benefits to family members pursuant to section 3319 of title
38, United States Code, while serving as members of the Armed Forces.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 38, United States Code.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
TITLE IV--EMPLOYMENT AND TRANSITION MATTERS
SEC. 401. REQUIRED COORDINATION BETWEEN DIRECTORS FOR VETERANS'
EMPLOYMENT AND TRAINING WITH STATE DEPARTMENTS OF LABOR
AND VETERANS AFFAIRS.
(a) In General.--Section 4103 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c) Coordination With State Departments of Labor and Veterans
Affairs.--Each Director for Veterans' Employment and Training for a
State shall coordinate the Director's activities under this chapter
with the State department of labor and the State department of veterans
affairs.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 402. REPORT ON JOB FAIRS ATTENDED BY ONE-STOP CAREER CENTER
EMPLOYEES AT WHICH SUCH EMPLOYEES ENCOUNTER VETERANS.
(a) In General.--Section 136(d)(1) of the Workforce Investment Act
of 1998 (29 U.S.C. 2871(d)(1)) is amended by adding at the end the
following new sentence: ``The report also shall include information,
for the year preceding the year the report is submitted, on the number
of job fairs attended by One-Stop Career Center employees at which the
employees had contact with a veteran, and the number of veterans
contacted at each such job fair.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 403. REVIEW OF CHALLENGES FACED BY EMPLOYERS SEEKING TO HIRE
VETERANS AND SHARING OF INFORMATION AMONG FEDERAL
AGENCIES THAT SERVE VETERANS.
(a) Review.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Defense and the Secretary of Veterans
Affairs, shall conduct a review of--
(A) the challenges faced by employers seeking to
hire veterans; and
(B) information sharing among Federal departments
and agencies that serve veterans and members of the
Armed Forces who are separating from service.
(2) Matters reviewed.--In conducting the review required by
paragraph (1), the Secretary of Labor shall examine the
following:
(A) The barriers employers face in gaining
information identifying veterans who are seeking jobs.
(B) The extent and quality of information sharing
among Federal departments and agencies that serve
veterans and members of the Armed Forces who are
separating from service, including how the departments
and agencies may more easily connect employers with
such veterans and members.
(b) Report.--
(1) In general.--Not later than 120 days after the
effective date specified in subsection (c), the Secretary of
Labor shall submit to the appropriate committees of Congress a
report on the review conducted under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for addressing the barriers
described in subsection (a)(2)(A).
(B) Recommendations for improving information
sharing described in subsection (a)(2)(B).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(c) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 404. REVIEW OF TRANSITION GPS PROGRAM CORE CURRICULUM.
(a) Review.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Labor, shall conduct a review of the Department of Defense
Transition GPS Program Core Curriculum in effect on the date of
the enactment of this Act.
(2) Matters reviewed.--The review shall examine the
following:
(A) The Department of Defense Transition GPS
Program Core Curriculum in effect on the date of the
enactment of this Act.
(B) The roles and responsibilities of each Federal
department participating in the Transition GPS Program
and whether the various roles and responsibilities of
the Federal departments are adequately aligned with one
another.
(C) The allotment of time spent on issues under the
jurisdiction of each Federal department participating
in the Transition GPS Program and whether the allotment
is adequate to provide members of the Armed Forces with
all the information the members need regarding
important benefits that can assist members in
transitioning out of military service.
(D) Whether any of the information in the three
optional tracks in the Transition GPS Program Core
Curriculum should be addressed more appropriately in
mandatory tracks rather than optional tracks.
(E) The benefits of and obstacles to establishing--
(i) a standard implementation plan of long-
term outcome measures for the Transition GPS
Program; and
(ii) a comprehensive system of metrics for
such measures.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs and the
Secretary of Labor, shall submit to the appropriate committees
of Congress a report on the review conducted under subsection
(a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for improving the Department of
Defense Transition GPS Program Core Curriculum in order
to more accurately address the needs of members of the
Armed Forces transitioning out of military service.
(B) Recommendations for improving the roles and
responsibilities described in subsection (a)(2)(B).
(C) Recommendations for improving the allotment of
time described in subsection (a)(2)(C).
(D) Such recommendations as the Secretary of
Defense may have regarding the optional and mandatory
tracks in the Transition GPS Program Core Curriculum.
(E) Such recommendations as the Secretary of
Defense may have with respect to the outcome measures
and metrics described in subsection (a)(2)(E).
(F) Identification of such other areas of concern
as the Secretary of Defense may have with respect to
the Transition GPS Program and such recommendations for
legislative or administrative action as the Secretary
may have to address such concerns.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 405. MODIFICATION OF REQUIREMENT FOR PROVISION OF PRESEPARATION
COUNSELING.
(a) Clarification of Requirement for 180 Continuous Days of Active
Duty Service.--Subparagraph (A) of section 1142(a)(4) of title 10,
United States Code, is amended by inserting ``continuous'' before ``180
days''.
(b) Exclusion of Training From Periods of Active Duty.--Such
section is further amended by adding at the end the following new
subparagraph:
``(C) For purposes of subparagraph (A), the term `active duty' does
not include full-time training duty, annual training duty, and
attendance, while in the active military service, at a school
designated as a service school by law or by the Secretary concerned.''.
TITLE V--VETERAN SMALL BUSINESS MATTERS
SEC. 501. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND
PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS FOR SMALL
BUSINESSES OWNED BY VETERANS OF SMALL BUSINESSES AFTER
DEATH OF DISABLED VETERAN OWNERS.
(a) In General.--Section 8127(h) of title 38, United States Code,
is amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
100 percent disabling or who dies as a result of a
service-connected disability, is 10 years after the
date of the veteran's death; or
``(ii) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
less than 100 percent disabling who does not die as a
result of a service-connected disability, is three
years after the date of the veteran's death.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act and shall apply with respect to applications
received pursuant to section 8127(f)(2) of title 38, United States
Code, that are verified on or after such date.
SEC. 502. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS
FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS
CONTRACTING GOALS AND PREFERENCES.
(a) In General.--Section 8127 of title 38, United States Code, is
amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Treatment of Businesses After Death of Servicemember-owner.--
(1) If a member of the Armed Forces owns at least 51 percent of a small
business concern and such member is killed in line of duty in the
active military, naval, or air service, the surviving spouse or
dependent child of such member who acquires such ownership rights in
such small business concern shall, for the period described in
paragraph (2), be treated as if the surviving spouse or dependent child
were a veteran with a service-connected disability for purposes of
determining the status of the small business concern as a small
business concern owned and controlled by veterans for purposes of
contracting goals and preferences under this section.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the member of the Armed Forces dies and
ending on the date as follows:
``(A) In the case of a surviving spouse, the earliest of
the following dates:
``(i) The date on which the surviving spouse
remarries.
``(ii) The date on which the surviving spouse
relinquishes an ownership interest in the small
business concern and no longer owns at least 51 percent
of such small business concern.
``(iii) The date that is ten years after the date
of the member's death.
``(B) In the case of a dependent child, the earliest of the
following dates:
``(i) The date on which the surviving dependent
child relinquishes an ownership interest in the small
business concern and no longer owns at least 51 percent
of such small business concern.
``(ii) The date that is ten years after the date of
the member's death.''.
(b) Effective Date.--Subsection (i) of section 8127 of such title,
as added by subsection (a), shall take effect on the date of the
enactment of this Act and shall apply with respect to the deaths of
members of the Armed Forces occurring on or after such date.
TITLE VI--BURIAL MATTERS
SEC. 601. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS RELATING TO
BURIAL OF UNCLAIMED REMAINS OF VETERANS IN NATIONAL
CEMETERIES.
(a) Study and Report Required.--Not later than one year after the
effective date specified in subsection (d), the Secretary of Veterans
Affairs shall--
(1) complete a study on matters relating to the interring
of unclaimed remains of veterans in national cemeteries under
the control of the National Cemetery Administration; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection (a)(1)
shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for working with persons or
entities having custody of unclaimed remains to facilitate
interment of unclaimed remains of veterans in national
cemeteries under the control of the National Cemetery
Administration.
(3) Assessing State and local laws that affect the ability
of the Secretary to inter unclaimed remains of veterans in
national cemeteries under the control of the National Cemetery
Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number
of unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as the
Secretary considers appropriate, including a subset of funeral
homes and coroner offices that possess unclaimed veterans
remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), the Secretary may
assess such sample of applicable State and local laws as the
Secretary considers appropriate in lieu of reviewing all
applicable State and local laws.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
TITLE VII--OTHER MATTERS
SEC. 701. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED SERVICE IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.
Any person who is entitled under chapter 1223 of title 10, United
States Code, to retired pay for nonregular service or, but for age,
would be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be entitled to any
benefit by reason of this honor.
SEC. 702. REPORT ON LAOTIAN MILITARY SUPPORT OF ARMED FORCES OF THE
UNITED STATES DURING VIETNAM WAR.
(a) In General.--Not later than one year after the effective date
specified in subsection (c), the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and such agencies and
individuals as the Secretary of Veterans Affairs considers appropriate,
shall submit to the appropriate committees of Congress a report on--
(1) the extent to which Laotian military forces provided
combat support to the Armed Forces of the United States between
February 28, 1961, and May 15, 1975;
(2) whether the current classification by the Civilian/
Military Service Review Board of the Department of Defense of
service by individuals of Hmong ethnicity is appropriate; and
(3) such recommendations as the Secretary of Veterans
Affairs may have for legislative action.
(b) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(c) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 703. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.
(a) In General.--During the 10-year period beginning on September
26, 2015, the second sentence of subsection (c) of section 3684 of
title 38, United States Code, shall be applied--
(1) by substituting ``$8'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(b) Conforming Amendment.--Section 406 of the Department of
Veterans Affairs Expiring Authorities Act of 2014 (Public Law 113-175;
38 U.S.C. 3684 note), as amended by section 410 of the Department of
Veterans Affairs Expiring Authorities Act of 2015 (Public Law 114-58),
is hereby repealed.
Passed the Senate November 10, 2015.
Attest:
JULIE E. ADAMS,
Secretary.