[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Reported in Senate (RS)]
Calendar No. 258
113th CONGRESS
1st Session
S. 944
[Report No. 113-123]
To amend title 38, United States Code, to require courses of education
provided by public institutions of higher education that are approved
for purposes of the All-Volunteer Force Educational Assistance Program
and Post-9/11 Educational Assistance to charge veterans tuition and
fees at the in-State tuition rate, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2013
Mr. Sanders (for himself and Mr. Burr) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
[Strike out all after the enacting clause and insert the part printed
in italic]
December 9, 2013
Reported by Mr. Sanders, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require courses of education
provided by public institutions of higher education that are approved
for purposes of the All-Volunteer Force Educational Assistance Program
and Post-9/11 Educational Assistance to charge veterans tuition and
fees at the in-State tuition rate, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Putting Our Veterans Back
to Work Act of 2013''.</DELETED>
<DELETED>SEC. 2. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC
INSTITUTIONS OF HIGHER EDUCATION FOR PURPOSES OF ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE
TUITION RATE FOR VETERANS.</DELETED>
<DELETED> (a) In General.--Section 3679 of title 38, United States
Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(c)(1) Notwithstanding any other provision of this
chapter and subject to paragraphs (3) through (5), the Secretary shall
disapprove a course of education provided by a public institution of
higher education to a covered individual pursuing a course of education
with educational assistance under chapter 30 or 33 of this title while
living in the State in which the public institution of higher education
is located if the institution charges tuition and fees for that course
for the covered individual at a rate that is higher than the rate the
institution charges for tuition and fees for that course for residents
of the State in which the institution is located, regardless of the
covered individual's State of residence.</DELETED>
<DELETED> ``(2) For purposes of this subsection, a covered
individual is any individual as follows:</DELETED>
<DELETED> ``(A) A veteran who was discharged or released
from a period of not fewer than 180 days of service in the
active military, naval, or air service less than two years
before the date of enrollment in the course
concerned.</DELETED>
<DELETED> ``(B) An individual who is entitled to assistance
under section 3311(b)(9) or 3319 of this title by virtue of
such individual's relationship to a veteran described in
subparagraph (A).</DELETED>
<DELETED> ``(3) It shall not be grounds to disapprove a course of
education under paragraph (1) if a public institution of higher
education requires a covered individual pursuing a course of education
at the institution to demonstrate an intent to establish residency in
the State in which the institution is located in order to be charged
tuition and fees for that course at a rate that is equal to or less
than the rate the institution charges for tuition and fees for that
course for residents of the State.</DELETED>
<DELETED> ``(4) The Secretary may waive such requirements of
paragraph (1) as the Secretary considers appropriate.</DELETED>
<DELETED> ``(5) Disapproval under paragraph (1) shall apply only
with respect to educational assistance under chapters 30 and 33 of this
title.''.</DELETED>
<DELETED> (b) Effective Date.--Subsection (c) of section 3679 of
title 38, United States Code (as added by subsection (a) of this
section) shall apply with respect to educational assistance provided
for pursuit of programs of education during academic terms that begin
after July 1, 2015.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Health
and Benefits Improvement Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--SURVIVOR AND DEPENDENT MATTERS
Sec. 101. Extension of initial period for increased dependency and
indemnity compensation for surviving
spouses with children.
Sec. 102. Eligibility for dependency and indemnity compensation,
educational assistance, and housing loans
for surviving spouses who remarry after age
55.
Sec. 103. Extension of marriage delimiting date for surviving spouses
of Persian Gulf War veterans to qualify for
death pension.
Sec. 104. Expansion of Marine Gunnery Sergeant John David Fry
Scholarship.
Sec. 105. Expansion of Yellow Ribbon G.I. Education Enhancement
Program.
Sec. 106. Benefits for children of certain Thailand service veterans
born with spina bifida.
Sec. 107. Program on assisted living for children of Vietnam veterans
and certain Korea service veterans born
with spina bifida.
Sec. 108. Program on grief counseling in retreat settings for surviving
spouses of members of the Armed Forces who
die while serving on active duty in the
Armed Forces.
Sec. 109. Program evaluation on survivors' and dependents' educational
assistance authorities.
TITLE II--EDUCATION MATTERS
Sec. 201. Approval of courses of education provided by public
institutions of higher learning for
purposes of All-Volunteer Force Educational
Assistance Program and Post-9/11
Educational Assistance conditional on in-
State tuition rate for veterans.
Sec. 202. Extension and expansion of authority for certain qualifying
work-study activities for purposes of the
educational assistance programs of the
Department of Veterans Affairs.
Sec. 203. Report on debt management and collection.
Sec. 204. Restoration of prior reporting fee multipliers.
TITLE III--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvements of Benefits Generally
Sec. 301. Expansion of provision of chiropractic care and services to
veterans.
Sec. 302. Modification of commencement date of period of service at
Camp Lejeune, North Carolina, for
eligibility for hospital care and medical
services in connection with exposure to
contaminated water.
Sec. 303. Expansion of eligibility for sexual trauma counseling and
treatment to veterans on inactive duty
training.
Sec. 304. Extension of sunset date regarding transportation of
individuals to and from facilities of
Department of Veterans Affairs and
requirement of report.
Sec. 305. Program on health promotion for overweight and obese veterans
through support of fitness center
memberships.
Sec. 306. Program on health promotion for veterans through
establishment of Department of Veterans
Affairs fitness facilities.
Subtitle B--Health Care Administration
Sec. 311. Extension of Department of Veterans Affairs Health
Professional Scholarship Program.
Sec. 312. Expansion of availability of prosthetic and orthotic care for
veterans.
Sec. 313. Corporal Michael J. Crescenz Department of Veterans Affairs
Medical Center.
Subtitle C--Complementary and Alternative Medicine
Sec. 321. Expansion of research and education on and delivery of
complementary and alternative medicine to
veterans.
Sec. 322. Program on integration of complementary and alternative
medicine within Department of Veterans
Affairs medical centers.
Sec. 323. Studies of barriers encountered by veterans in receiving, and
administrators and clinicians in providing,
complementary and alternative medicine
services furnished by the Department of
Veterans Affairs.
Sec. 324. Program on use of wellness programs as complementary approach
to mental health care for veterans and
family members of veterans.
TITLE IV--ACCOUNTABILITY AND ADMINISTRATIVE IMPROVEMENTS
Sec. 401. Administration of Veterans Integrated Service Networks.
Sec. 402. Regional support centers for Veterans Integrated Service
Networks.
Sec. 403. Commission on Capital Planning for Department of Veterans
Affairs Medical Facilities.
Sec. 404. Public access to Department of Veterans Affairs research and
data sharing between Departments.
Sec. 405. Budget transparency for outreach activities of Department of
Veterans Affairs.
Sec. 406. Comptroller general report on advisory committees of the
Department of Veterans Affairs.
TITLE V--IMPROVEMENT OF PROCESSING OF CLAIMS FOR COMPENSATION
Subtitle A--Claims Based on Military Sexual Trauma
Sec. 501. Medical examination and opinion for disability compensation
claims based on military sexual trauma.
Sec. 502. Case representative officers for military sexual trauma
support.
Sec. 503. Report on standard of proof for service-connection of mental
health conditions related to military
sexual trauma.
Sec. 504. Reports on claims for disabilities incurred or aggravated by
military sexual trauma.
Subtitle B--Agency of Original Jurisdiction
Sec. 511. Working group to improve employee work credit and work
management systems of Veterans Benefits
Administration in an electronic
environment.
Sec. 512. Task force on retention and training of Department of
Veterans Affairs claims processors and
adjudicators.
Sec. 513. Reports on requests by the Department of Veterans Affairs for
records of other Federal agencies.
Sec. 514. Recognition of representatives of Indian tribes in the
preparation, presentation, and prosecution
of claims under laws administered by the
Secretary of Veterans Affairs.
Sec. 515. Program on participation of local and tribal governments in
improving quality of claims for disability
compensation submitted to Department of
Veterans Affairs.
Sec. 516. Quarterly reports on progress of Department of Veterans
Affairs in eliminating backlog of claims
for compensation that have not been
adjudicated.
Sec. 517. Reports on use of existing authorities to expedite benefits
decisions.
Sec. 518. Reports on Department disability medical examinations and
prevention of unnecessary medical
examinations.
Subtitle C--Board of Veterans' Appeals and Court of Appeals for
Veterans Claims
Sec. 521. Treatment of certain misfiled documents as a notice of appeal
to the Court of Appeals for Veterans
Claims.
Sec. 522. Modification of filing period for notice of disagreement to
initiate appellate review of decisions of
Department of Veterans Affairs.
Sec. 523. Determination of manner of appearance for hearings before
Board of Veterans' Appeals.
TITLE VI--OUTREACH MATTERS
Sec. 601. Program to increase coordination of outreach efforts between
the Department of Veterans Affairs and
Federal, State, and local agencies and
nonprofit organizations.
Sec. 602. Cooperative agreements between Secretary of Veterans Affairs
and States on outreach activities.
Sec. 603. Advisory committee on outreach activities of Department of
Veterans Affairs.
Sec. 604. Advisory boards on outreach activities of Department of
Veterans Affairs relating to health care.
Sec. 605. Modification of requirement for periodic reports to Congress
on outreach activities of Department of
Veterans Affairs.
TITLE VII--EMPLOYMENT AND RELATED MATTERS
Subtitle A--Employment Matters
Sec. 701. Employment of veterans with the Federal Government.
Sec. 702. State recognition of military experience of veterans in
issuing licenses and credentials to
veterans.
Sec. 703. Report on unified Government Internet portal for veterans on
jobs available through the Federal
Government.
Sec. 704. Information on disability-related employment and education
protections in Transition Assistance
Program.
Subtitle B--Small Business Matters
Sec. 711. Expansion of contracting goals and preferences of Department
of Veterans Affairs to include
conditionally owned small business concerns
100 percent owned by veterans.
Sec. 712. 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. 713. Treatment of businesses after deaths of servicemember-owners
for purposes of Department of Veterans
Affairs contracting goals and preferences.
Sec. 714. Special rule for treatment under contracting goals and
preferences of Department of Veterans
Affairs of small business concerns licensed
in community property States.
TITLE VIII--OTHER MATTERS
Sec. 801. Consideration by Secretary of Veterans Affairs of resources
disposed of for less than fair market value
by individuals applying for pension.
Sec. 802. Office of National Veterans Sports Programs and Special
Events.
Sec. 803. Adaptive sports programs for disabled veterans and members of
the Armed Forces through United States
Olympic Committee.
Sec. 804. Making effective date provision consistent with provision for
benefits eligibility of a veteran's child
based upon termination of remarriage by
annulment.
Sec. 805. Extended period for scheduling of medical exams for veterans
receiving temporary disability ratings for
severe mental disorders.
Sec. 806. Authority to issue Veterans ID Cards.
Sec. 807. Honoring as veterans certain persons who performed service in
the reserve components of the Armed Forces.
Sec. 808. Extension of authority for Secretary of Veterans Affairs to
issue and guarantee certain loans.
Sec. 809. Review of determination of certain service in Philippines
during World War II.
Sec. 810. Report on Laotian military support of Armed Forces of the
United States during Vietnam War.
Sec. 811. Report on assistance for veterans in obtaining training on
purchasing and operating a franchise.
Sec. 812. Limitation on aggregate amount of bonuses payable to
personnel of the Department of Veterans
Affairs during fiscal year 2014.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--SURVIVOR AND DEPENDENT MATTERS
SEC. 101. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY AND
INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WITH
CHILDREN.
(a) In General.--Section 1311(f)(2) is amended by striking ``two-
year'' and inserting ``three-year''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 30, 2014, and shall apply to any surviving
spouse who was eligible for or in receipt of benefits under section
1311(f) of title 38, United States Code, on or after the date of the
enactment of this Act.
SEC. 102. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION,
EDUCATIONAL ASSISTANCE, AND HOUSING LOANS FOR SURVIVING
SPOUSES WHO REMARRY AFTER AGE 55.
(a) In General.--Paragraph (2)(B) of section 103(d) is amended to
read as follows:
``(B) The remarriage after age 55 of the surviving spouse of a
veteran shall not bar the furnishing of benefits specified in paragraph
(5) to such person as the surviving spouse of the veteran.''.
(b) Conforming Amendment.--Paragraph (5) of such section is amended
by striking ``Paragraphs (2)(A)'' and inserting ``Paragraphs (2)''.
(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. 103. EXTENSION OF MARRIAGE DELIMITING DATE FOR SURVIVING SPOUSES
OF PERSIAN GULF WAR VETERANS TO QUALIFY FOR DEATH
PENSION.
Section 1541(f)(1)(E) is amended by striking ``January 1, 2001''
and inserting ``the date that is 10 years and one day after the date on
which the Persian Gulf War was terminated, as prescribed by
Presidential proclamation or by law''.
SEC. 104. EXPANSION OF MARINE GUNNERY SERGEANT JOHN DAVID FRY
SCHOLARSHIP.
(a) Expansion of Entitlement.--Subsection (b)(9) of section 3311 is
amended by inserting ``or spouse'' after ``child''.
(b) Limitation and Election on Certain Benefits.--Subsection (f) of
such section is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Limitation.--The entitlement of an individual to
assistance under subsection (a) pursuant to paragraph (9) of
subsection (b) because the individual was a spouse of a person
described in such paragraph shall expire on the earlier of--
``(A) the date that is 15 years after the date on
which the person died; and
``(B) the date on which the individual remarries.
``(3) Election on receipt of certain benefits.--A surviving
spouse entitled to assistance under subsection (a) pursuant to
paragraph (9) of subsection (b) who is also entitled to
educational assistance under chapter 35 of this title may not
receive assistance under both this section and such chapter,
but shall make an irrevocable election (in such form and manner
as the Secretary may prescribe) under which section or chapter
to receive educational assistance.''.
(c) Conforming Amendment.--Section 3321(b)(4) is amended--
(1) by striking ``an individual'' and inserting ``a
child''; and
(2) by striking ``such individual's'' each time it appears
and inserting ``such child's''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is two years after the date of the enactment of
this Act.
SEC. 105. EXPANSION OF YELLOW RIBBON G.I. EDUCATION ENHANCEMENT
PROGRAM.
(a) In General.--Section 3317(a) is amended by striking ``in
paragraphs (1) and (2)'' and inserting ``in paragraphs (1), (2), and
(9)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to academic terms beginning after July 1, 2015.
SEC. 106. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS
BORN WITH SPINA BIFIDA.
(a) In General.--Subchapter III of chapter 18 is amended by adding
at the end the following new section:
``Sec. 1822. Benefits for children of certain Thailand service veterans
born with spina bifida
``(a) Benefits Authorized.--The Secretary may provide to any child
of a veteran of covered service in Thailand who is suffering from spina
bifida the health care, vocational training and rehabilitation, and
monetary allowance required to be paid to a child of a Vietnam veteran
who is suffering from spina bifida under subchapter I of this chapter
as if such child of a veteran of covered service in Thailand were a
child of a Vietnam veteran who is suffering from spina bifida under
such subchapter.
``(b) Spina Bifida Conditions Covered.--This section applies with
respect to all forms and manifestations of spina bifida, except spina
bifida occulta.
``(c) Veteran of Covered Service in Thailand.--For purposes of this
section, a veteran of covered service in Thailand is any individual,
without regard to the characterization of that individual's service,
who--
``(1) served in the active military, naval, or air service
in Thailand, as determined by the Secretary in consultation
with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in Thailand.
``(d) Herbicide Agent.--For purposes of this section, the term
`herbicide agent' means a chemical in a herbicide used in support of
United States and allied military operations in Thailand, as determined
by the Secretary in consultation with the Secretary of Defense, during
the period beginning on January 9, 1962, and ending on May 7, 1975.''.
(b) Conforming Amendment to Definition of ``Child''.--Section
1831(1) is amended--
(1) in subparagraph (B)--
(A) by striking ``subchapter III of this chapter''
and inserting ``section 1821 of this title''; and
(B) in clause (i), by striking ``section 1821 of
this title'' and inserting ``that section''; and
(2) by adding at the end the following new subparagraph:
``(C) For purposes of section 1822 of this title, an
individual, regardless of age or marital status, who--
``(i) is the natural child of a veteran of covered
service in Thailand (as determined for purposes of that
section); and
``(ii) was conceived after the date on which that
veteran first entered service described in subsection
(c) of that section.''.
(c) Clerical Amendments.--
(1) Subchapter heading.--The heading for subchapter III of
chapter 18 is amended by inserting ``AND THAILAND'' after
``KOREA''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 is amended--
(A) by striking the item relating to subchapter III
and inserting the following new item:
``subchapter iii--children of certain korea and thailand service
veterans born with spina bifida'';
and
(B) by inserting after the item relating to section
1821 the following new item:
``1822. Benefits for children of certain Thailand service veterans born
with spina bifida.''.
(d) 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. 107. PROGRAM ON ASSISTED LIVING FOR CHILDREN OF VIETNAM VETERANS
AND CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA
BIFIDA.
(a) Program.--Commencing not later than 180 days after the date on
which this section takes effect, the Secretary of Veterans Affairs
shall carry out a program to assess the feasibility and advisability of
providing assisted living, group home care, or similar services in lieu
of nursing home care to covered individuals.
(b) Covered Individuals.--For purposes of this section, a covered
individual is any individual who is entitled to health care under
subchapter I or III of chapter 18 of title 38, United States Code.
(c) Duration.--
(1) In general.--Except as otherwise provided in this
subsection, the program shall be carried out during the three-
year period beginning on the date of the commencement of the
program.
(2) Continuation.--Subject to paragraph (3), the Secretary
may continue the program for an additional two-year period as
the Secretary considers appropriate.
(3) Termination.--The program may not operate after the
date that is five years after the date of the commencement of
the program.
(d) Scope of Services and Program.--Under the program, the
Secretary shall provide covered individuals with integrated,
comprehensive services, including the following:
(1) Assisted living, group home care, or such other similar
services as the Secretary considers appropriate.
(2) Transportation services.
(3) Such other services as the Secretary considers
appropriate for the care of covered individuals under the
program.
(e) Program Requirements.--In carrying out the program, the
Secretary shall--
(1) inform all covered individuals of the services
available under the program;
(2) enter into agreements with appropriate providers of
assisted living, group home care, or other similar services for
provision of services under the program; and
(3) determine the appropriate number of covered individuals
to be enrolled in the program and criteria for such enrollment.
(f) Reports.--
(1) Preliminary reports.--
(A) In general.--Not later than one year after the
date of the commencement of the program and, if the
program is continued under subsection (c)(2), not later
than three years after the date of the commencement of
the program, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B) Contents.--Each report submitted under
subparagraph (A) shall include the following:
(i) A description of the implementation and
operation of the program.
(ii) The number of covered individuals
receiving benefits under the program.
(iii) An analysis that compares the costs
of furnishing assisted living, group home care,
or similar service with the costs of furnishing
nursing home care.
(iv) An analysis of the costs and benefits
under the program.
(v) The findings and conclusions of the
Secretary with respect to the program.
(vi) Such recommendations for the
continuation or expansion of the program as the
Secretary may have.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the program.
(ii) Such recommendations for the
continuation or expansion of the program as the
Secretary may have.
(g) Funding.--Amounts to carry out the program shall be derived
from amounts appropriated or otherwise made available for the
furnishing of nursing home care under chapter 18 of title 38, United
States Code.
(h) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 108. PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS FOR SURVIVING
SPOUSES OF MEMBERS OF THE ARMED FORCES WHO DIE WHILE
SERVING ON ACTIVE DUTY IN THE ARMED FORCES.
(a) Program Required.--
(1) In general.--Commencing not later than 180 days after
the date on which this section takes effect, the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a
program to assess the feasibility and advisability of providing
grief counseling services described in subsection (b) in group
retreat settings to surviving spouses of members of the Armed
Forces who die while serving on active duty in the Armed Forces
who would, as determined by the Readjustment Counseling
Service, benefit from the services provided under the program.
(2) Participation at election of surviving spouse.--The
participation of a surviving spouse in the program under this
section shall be at the election of the surviving spouse.
(b) Covered Services.--The services provided to a surviving spouse
under the program shall include the following:
(1) Information and counseling on coping with grief.
(2) Information about benefits and services available to
surviving spouses under laws administered by the Secretary.
(3) Such other information and counseling as the Secretary
considers appropriate to assist a surviving spouse under the
program with adjusting to the death of a spouse.
(c) Events.--The Secretary shall carry out the program at not fewer
than six events as follows:
(1) Three events at which surviving spouses with dependent
children are encouraged to bring their children.
(2) Three events at which surviving spouses with dependent
children are not encouraged to bring their children.
(d) Duration.--The program shall be carried out during the two-year
period beginning on the date of the commencement of the program.
(e) Reports.--
(1) In general.--Not later than 180 days after the
completion of the first year of the program and not later than
180 days after the completion of the program, the Secretary
shall submit to Congress a report on the program.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the findings and conclusions of the Secretary as
a result of the program, and shall include such recommendations
for the continuation or expansion of the program as the
Secretary considers appropriate.
(f) Definitions.--In this section, the terms ``active duty'',
``Armed Forces'', and ``surviving spouse'' have the meanings given such
terms in section 101 of title 38, United States Code.
(g) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 109. PROGRAM EVALUATION ON SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE AUTHORITIES.
(a) In General.--The Secretary of Veterans Affairs shall enter into
a contract with an appropriate private sector entity to conduct a
program evaluation of the authorities for survivors' and dependents'
educational assistance under chapter 35 of title 38, United States
Code.
(b) Report.--Not later than six months after the entry into the
contract required by subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report setting
forth the results of the program evaluation conducted pursuant to the
contract, together with such comments on the results of the program
evaluation as the Secretary considers appropriate.
(c) Effective Date.--This section shall take effect one year after
the date of the enactment of this Act.
TITLE II--EDUCATION MATTERS
SEC. 201. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC
INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE
TUITION RATE FOR VETERANS.
(a) In General.--Section 3679 is amended by adding at the end the
following new subsection:
``(c)(1) Notwithstanding any other provision of this chapter and
subject to paragraphs (3) through (6), the Secretary shall disapprove a
course of education provided by a public institution of higher learning
to a covered individual pursuing a course of education with educational
assistance under chapter 30 or 33 of this title while living in the
State in which the public institution of higher learning is located if
the institution charges tuition and fees for that course for the
covered individual at a rate that is higher than the rate the
institution charges for tuition and fees for that course for residents
of the State in which the institution is located, regardless of the
covered individual's State of residence.
``(2) For purposes of this subsection, a covered individual is any
individual as follows:
``(A) A veteran who was discharged or released from a
period of not fewer than 90 days of service in the active
military, naval, or air service less than three years before
the date of enrollment in the course concerned.
``(B) An individual who is entitled to assistance under
section 3311(b)(9) or 3319 of this title by virtue of such
individual's relationship to a veteran described in
subparagraph (A).
``(3) If after enrollment in a course of education that is subject
to disapproval under paragraph (1) by reason of paragraph (2)(A) or
(2)(B) a covered individual pursues one or more courses of education at
the same public institution of higher learning while remaining
continuously enrolled (other than during regularly scheduled breaks
between courses, semesters or terms) at that institution of higher
learning, any course so pursued by the covered individual at that
institution of higher learning while so continuously enrolled shall
also be subject to disapproval under paragraph (1).
``(4) It shall not be grounds to disapprove a course of education
under paragraph (1) if a public institution of higher learning requires
a covered individual pursuing a course of education at the institution
to demonstrate an intent, by means other than satisfying a physical
presence requirement, to establish residency in the State in which the
institution is located, or to satisfy other requirements not relating
to the establishment of residency, in order to be charged tuition and
fees for that course at a rate that is equal to or less than the rate
the institution charges for tuition and fees for that course for
residents of the State.
``(5) The Secretary may waive such requirements of paragraph (1) as
the Secretary considers appropriate.
``(6) Disapproval under paragraph (1) shall apply only with respect
to educational assistance under chapters 30 and 33 of this title.''.
(b) Effective Date.--Subsection (c) of section 3679 of title 38,
United States Code (as added by subsection (a) of this section), shall
apply with respect to educational assistance provided for pursuit of
programs of education during academic terms that begin after July 1,
2015, through courses of education that commence on or after that date.
SEC. 202. EXTENSION AND EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING
WORK-STUDY ACTIVITIES FOR PURPOSES OF THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Extension of Expiring Current Authority.--Section 3485(a)(4) is
amended by striking ``June 30, 2013'' each place it appears and
inserting ``June 30, 2015''.
(b) Expansion to Outreach Services Provided Through Congressional
Offices.--Such section is further amended by adding at the end the
following new subparagraph:
``(K) During the period beginning on June 30, 2013, and
ending on June 30, 2015, the following activities carried out
at the offices of Members of Congress for such Members:
``(i) The distribution of information to members of
the Armed Forces, veterans, and their dependents about
the benefits and services under laws administered by
the Secretary and other appropriate governmental and
nongovernmental programs.
``(ii) The preparation and processing of papers and
other documents, including documents to assist in the
preparation and presentation of claims for benefits
under laws administered by the Secretary.''.
(c) Annual Reports.--
(1) In general.--Not later than June 30 of 2014 and 2015,
the Secretary of Veterans Affairs shall submit to Congress a
report on the work-study allowances paid under paragraph (1) of
section 3485(a) of title 38, United States Code, during the
most recent one-year period for qualifying work-study
activities described in paragraph (4) of such section, as
amended by subsections (a) and (b) of this section.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the year covered by such report, the
following:
(A) A description of the recipients of such work-
study allowances.
(B) A list of the locations where qualifying work-
study activities were carried out.
(C) A description of the outreach conducted by the
Secretary to increase awareness of the eligibility of
such work-study activities for such work-study
allowances.
SEC. 203. REPORT ON DEBT MANAGEMENT AND COLLECTION.
(a) Report.--Not later than one year after the effective date
specified in subsection (c), the Comptroller General of the United
States 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 processes used by the Department of Veterans Affairs to
identify and resolve cases of incorrect payments associated with
educational assistance under chapters 30 and 33 of title 38, United
States Code.
(b) Issues Addressed.--The report required by subsection (a) shall,
to the extent possible, address the following:
(1) The effectiveness of the processes referred to in
subsection (a) in identifying and resolving incorrect payments
associated with educational assistance under chapters 30 and 33
of title 38, United States Code.
(2) The accuracy of overpayment information provided to
veterans by the Education Service and Debt Management Center of
the Department.
(3) How well the Debt Management Center of the Department
communicates and works with veterans to resolve disputed debt
amounts.
(4) How the payment and debt collection processes of the
Department compare to comparable programs in other Federal
agencies.
(5) Any recommendations to improve the payment and debt
collection processes of the Department that the Comptroller
General considers appropriate.
(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. 204. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.
Section 3684(c) is amended--
(1) by striking ``$12'' and inserting ``$7''; and
(2) by striking ``$15'' and inserting ``$11''.
TITLE III--HEALTH CARE MATTERS
Subtitle A--Expansion and Improvements of Benefits Generally
SEC. 301. 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 one year after the effective date specified in
section 301(c) of the Veterans Health and Benefits Improvement Act of
2013, and at not fewer than 50 percent of all medical centers in each
Veterans Integrated Service Network by not later than two years after
such effective date.''.
(b) Expanded Chiropractor Services Available to Veterans.--
(1) Medical services.--Paragraph (6) of section 1701 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;''.
(c) Effective Date.--This section and 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. 302. MODIFICATION OF COMMENCEMENT DATE OF PERIOD OF SERVICE AT
CAMP LEJEUNE, NORTH CAROLINA, FOR ELIGIBILITY FOR
HOSPITAL CARE AND MEDICAL SERVICES IN CONNECTION WITH
EXPOSURE TO CONTAMINATED WATER.
(a) Modification.--Section 1710(e)(1)(F) is amended by striking
``January 1, 1957,'' and inserting ``August 1, 1953 (or such earlier
date for the commencement of exposure to contaminated water at Camp
Lejeune as the Secretary, in consultation with the Agency for Toxic
Substances and Disease Registry, shall specify),''.
(b) Publication.--The Secretary of Veterans Affairs shall publish
in the Federal Register a notice of any earlier date for the
commencement of exposure to contaminated water at Camp Lejeune, North
Carolina, for purposes of section 1710(e)(1)(F) of title 38, United
States Code, as amended by subsection (a).
SEC. 303. EXPANSION OF ELIGIBILITY FOR SEXUAL TRAUMA COUNSELING AND
TREATMENT TO VETERANS ON INACTIVE DUTY TRAINING.
Section 1720D(a)(1) is amended by striking ``or active duty for
training'' and inserting ``, active duty for training, or inactive duty
training''.
SEC. 304. EXTENSION OF SUNSET DATE REGARDING TRANSPORTATION OF
INDIVIDUALS TO AND FROM FACILITIES OF DEPARTMENT OF
VETERANS AFFAIRS AND REQUIREMENT OF REPORT.
(a) Extension of Sunset Date.--Subsection (a)(2) of section 111A is
amended by striking ``the date that is one year after the date of the
enactment of this section'' and inserting ``September 30, 2015''.
(b) Funding Available.--Such section is further amended by adding
at the end the following new subsection:
``(c) Funding.--There is hereby authorized to be appropriated for
each of fiscal years 2014 and 2015 for the Department, $4,000,000 to
carry out this section.''.
(c) Report.--Not later than one year 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--
(1) the efforts of the Secretary to carry out the
transportation services required by section 111A(a) of title
38, United States Code;
(2) the utilization of those services by covered veterans;
and
(3) the feasibility and advisability of the continuation of
the provision of such services after September 30, 2015.
SEC. 305. PROGRAM ON HEALTH PROMOTION FOR OVERWEIGHT AND OBESE VETERANS
THROUGH SUPPORT OF FITNESS CENTER MEMBERSHIPS.
(a) Program Required.--Commencing not later than 180 days after the
date on which this section takes effect, the Secretary of Veterans
Affairs shall, through the National Center for Preventive Health, carry
out a program to assess the feasibility and advisability of promoting
health in covered veterans, including achieving a healthy weight and
reducing risks of chronic disease, through support for fitness center
membership.
(b) Covered Veterans.--For purposes of this section, a covered
veteran is any veteran who--
(1) is enrolled in the system of annual patient enrollment
established and operated by the Secretary under section 1705 of
title 38, United States Code;
(2) is determined by a clinician of the Department of
Veterans Affairs to be overweight or obese as of the date of
the commencement of the program; and
(3) resides in a location that is more than 15 minutes
driving distance from a fitness center at a facility of the
Department that would otherwise be available to the veteran for
at least eight hours per day during five or more days per week.
(c) Duration of Program.--The program shall be carried out during
the two-year period beginning on the date of the commencement of the
program.
(d) Locations.--
(1) In general.--In carrying out the program, the Secretary
shall select--
(A) not less than five medical centers of the
Department at which the Secretary shall cover the full
reasonable cost of a fitness center membership for
covered veterans within the catchment area of such
centers; and
(B) not less than five medical centers of the
Department at which the Secretary shall cover half the
reasonable cost of a fitness center membership for
covered veterans within the catchment area of such
centers.
(2) Considerations.--In selecting locations for the
program, the Secretary shall consider the feasibility and
advisability of selecting locations in the following areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an
active duty military installation.
(C) Areas in different geographic locations.
(e) Participation.--
(1) Maximum number of participants.--The number of covered
veterans who may participate in the program at each location
selected under subsection (d) may not exceed 100.
(2) Voluntary participation.--The participation of a
covered veteran in the program shall be at the election of the
covered veteran in consultation with a clinician of the
Department.
(f) Membership Payment.--
(1) In general.--Except as provided in paragraph (2), in
carrying out the program, the Secretary shall pay the
following:
(A) The full reasonable cost of a fitness center
membership for covered veterans within the catchment
area of centers selected under subsection (d)(1)(A) who
are participating in the program.
(B) Half the reasonable cost of a fitness center
membership for covered veterans within the catchment
area of centers selected under subsection (d)(1)(B) who
are participating in the program.
(2) Limitation.--Payment for a fitness center membership of
a covered veteran may not exceed $50 per month of membership.
(g) Reports.--
(1) Periodic reports.--Not later than 90 days after the
date of the commencement of the program and not less frequently
than once every 90 days thereafter, 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 activities carried out to implement the program,
including outreach activities to veterans and community
organizations.
(2) Final report.--Not later than 180 days after the date
of the completion of the program, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on the program detailing--
(A) the findings and conclusions of the Secretary
as a result of the program; and
(B) recommendations for the continuation or
expansion of the program.
(h) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 306. PROGRAM ON HEALTH PROMOTION FOR VETERANS THROUGH
ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS FITNESS
FACILITIES.
(a) Program Required.--Commencing not later than 180 days after the
date on which this section takes effect, the Secretary of Veterans
Affairs shall carry out a program to assess the feasibility and
advisability of promoting health in covered veterans, including
achieving a healthy weight, through establishment of Department of
Veterans Affairs fitness facilities.
(b) Covered Veterans.--For purposes of this section, a covered
veteran is any veteran who is enrolled in the system of annual patient
enrollment established and operated by the Secretary under section 1705
of title 38, United States Code.
(c) Duration of Program.--The program shall be carried out during
the three-year period beginning on the date of the commencement of the
program.
(d) Locations.--
(1) In general.--The Secretary shall carry out the program
by establishing fitness facilities in Department facilities as
follows:
(A) In not fewer than five Department of Veterans
Affairs medical centers selected by the Secretary for
purposes of the program.
(B) In not fewer than five outpatient clinics of
the Department selected by the Secretary for purposes
of the program.
(2) Considerations.--In selecting locations for the
program, the Secretary shall consider the feasibility and
advisability of selecting locations in the following areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an
active duty military installation.
(C) Areas in different geographic locations.
(e) Limitation on Expenses.--In establishing and supporting a
fitness facility in a facility of the Department under the program, the
Secretary may expend amounts as follows:
(1) For establishment and support of a fitness facility in
a Department of Veterans Affairs medical center, not more than
$60,000.
(2) For establishment and support of a fitness facility in
an outpatient clinic of the Department, not more than $40,000.
(f) Repurposing of Physical Space and Purchases of Equipment.--
(1) In general.--Subject to subsection (e), the Secretary
may, in carrying out the program, repurpose existing physical
space of the Department and purchase such fitness equipment and
supplies as the Secretary considers appropriate for purposes of
the program.
(2) Repurposing exception.--Existing physical space used
for the direct delivery of health care to patients may not be
repurposed under paragraph (1).
(g) Prohibition on Assessment of User Fees.--The Secretary may not
assess a fee upon a covered veteran for use of a fitness facility
established under the program.
(h) Voluntary Participation.--The participation of a covered
veteran in the program shall be at the election of the covered veteran.
(i) Reports.--
(1) Periodic reports.--Not later than 90 days after the
date of the commencement of the program and not less frequently
than once every 90 days thereafter, 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 activities carried out to implement the program,
including outreach activities to veterans and community
organizations.
(2) Final report.--Not later than 180 days after the date
of the completion of the program, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on the program detailing--
(A) the findings and conclusions of the Secretary
as a result of the program; and
(B) recommendations for the continuation or
expansion of the program.
(j) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
Subtitle B--Health Care Administration
SEC. 311. EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS HEALTH
PROFESSIONAL SCHOLARSHIP PROGRAM.
Section 7619 is amended by striking ``December 31, 2014'' and
inserting ``December 31, 2019''.
SEC. 312. 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 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 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 2015 for the
Department of Veterans Affairs, $10,000,000 to carry out this
section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2017.
SEC. 313. CORPORAL MICHAEL J. CRESCENZ DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
(a) Designation.--The medical center of the Department of Veterans
Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania,
shall after the date of the enactment of this Act be known and
designated as the ``Corporal Michael J. Crescenz Department of Veterans
Affairs Medical Center''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the medical
center referred to in subsection (a) shall be considered to be a
reference to the Corporal Michael J. Crescenz Department of Veterans
Affairs Medical Center.
Subtitle C--Complementary and Alternative Medicine
SEC. 321. EXPANSION OF RESEARCH AND EDUCATION ON AND DELIVERY OF
COMPLEMENTARY AND ALTERNATIVE MEDICINE TO VETERANS.
(a) Development of Plan To Expand Research, Education, and
Delivery.--Not later than six months after the effective date specified
in subsection (f), the Secretary of Veterans Affairs shall develop a
plan to expand materially and substantially the scope of research and
education on, and delivery and integration of, complementary and
alternative medicine services into the health care services provided to
veterans.
(b) Elements.--The plan required by subsection (a) shall provide
for the following:
(1) Research on the following:
(A) The comparative effectiveness of various
complementary and alternative medicine therapies.
(B) Approaches to integrating complementary and
alternative medicine services into other health care
services provided by the Department.
(2) Education and training for health care professionals of
the Department on the following:
(A) Complementary and alternative medicine services
selected by the Secretary for purposes of the plan.
(B) Appropriate uses of such services.
(C) Integration of such services into the delivery
of health care to veterans.
(3) Research, education, and clinical activities on
complementary and alternative medicine at centers of innovation
at Department medical centers.
(4) Identification or development of metrics and outcome
measures to evaluate the provision and integration of
complementary and alternative medicine services into the
delivery of health care to veterans.
(5) Integration and delivery of complementary and
alternative medicine services with other health care services
provided by the Department.
(c) Consultation.--
(1) In general.--In carrying out subsection (a), the
Secretary shall consult with the following:
(A) The Director of the National Center on
Complementary and Alternative Medicine of the National
Institutes of Health.
(B) The Commissioner of Food and Drugs.
(C) Institutions of higher education, private
research institutes, and individual researchers with
extensive experience in complementary and alternative
medicine and the integration of complementary and
alternative medicine practices into the delivery of
health care.
(D) Nationally recognized providers of
complementary and alternative medicine.
(E) Such other officials, entities, and individuals
with expertise on complementary and alternative
medicine as the Secretary considers appropriate.
(2) Scope of consultation.--The Secretary shall undertake
consultation under paragraph (1) in carrying out subsection (a)
with respect to the following:
(A) To develop the plan.
(B) To identify specific complementary and
alternative medicine practices that, on the basis of
research findings or promising clinical interventions,
are appropriate to include as services to veterans.
(C) To identify barriers to the effective provision
and integration of complementary and alternative
medicine services into the delivery of health care to
veterans, and to identify mechanisms for overcoming
such barriers.
(d) Funding.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section.
(e) Complementary and Alternative Medicine Defined.--In this
section, the term ``complementary and alternative medicine'' shall have
the meaning given that term in regulations the Secretary shall
prescribe for purposes of this section, which shall, to the degree
practicable, be consistent with the meaning given such term by the
Secretary of Health and Human Services.
(f) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 322. PROGRAM ON INTEGRATION OF COMPLEMENTARY AND ALTERNATIVE
MEDICINE WITHIN DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTERS.
(a) Program Required.--The Secretary of Veterans Affairs shall--
(1) carry out, through the Office of Patient Centered Care
and Cultural Transformation of the Department of Veterans
Affairs, a program to assess the feasibility and advisability
of integrating the delivery of complementary and alternative
medicine services selected by the Secretary with other health
care services provided by the Department for veterans with
mental health conditions, chronic pain conditions, other
chronic conditions, and such other conditions as the Secretary
determines appropriate; and
(2) in developing the program, identify and resolve
barriers to the provision of complementary and alternative
medicine services selected by the Secretary and the integration
of those services with other health care services provided by
the Department.
(b) Duration of Program.--The program shall be carried out during
the three-year period beginning on the effective date specified in
subsection (j).
(c) Locations.--
(1) In general.--The Secretary shall carry out the program
at not fewer than 15 separate Department medical centers.
(2) Polytrauma centers.--Not less than two of the medical
centers designated under paragraph (1) shall be located at
polytrauma rehabilitation centers of the Department.
(3) Selection of locations.--In carrying out the program,
the Secretary shall select locations that include the following
areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an
active duty military installation.
(C) Areas representing different geographic
locations, such as census tracts established by the
Bureau of the Census.
(d) Provision of Services.--Under the program, the Secretary shall
provide covered services to covered veterans by integrating
complementary and alternative medicine services with other services
provided by the Department at the medical centers designated under
subsection (c)(1).
(e) Covered Veterans.--For purposes of the program, a covered
veteran is any veteran who--
(1) has a mental health condition diagnosed by a clinician
of the Department;
(2) experiences chronic pain; or
(3) has a chronic condition being treated by a clinician of
the Department.
(f) Covered Services.--
(1) In general.--For purposes of the program, covered
services are services consisting of complementary and
alternative medicine as selected by the Secretary.
(2) Administration of services.--Covered services shall be
administered under the program as follows:
(A) Covered services shall be administered by
clinicians employed by the Secretary for purposes of
this section who, to the extent practicable, shall
provide services consisting of complementary and
alternative medicine, including those clinicians who
solely provide such services.
(B) Covered services shall be included as part of
the Patient Aligned Care Teams initiative of the Office
of Patient Care Services, Primary Care Program Office,
in coordination with the Office of Patient Centered
Care and Cultural Transformation.
(C) Covered services shall be made available to
both--
(i) covered veterans with mental health
conditions, pain conditions, or chronic
conditions described in subsection (e) who have
received conventional treatments from the
Department for such conditions; and
(ii) covered veterans with mental health
conditions, pain conditions, or chronic
conditions described in subsection (e) who have
not received conventional treatments from the
Department for such conditions.
(g) Voluntary Participation.--The participation of a veteran in the
program shall be at the election of the veteran and in consultation
with a clinician of the Department.
(h) Reports to Congress.--
(1) Quarterly reports.--Not later than 90 days after the
date of the commencement of the program and not less frequently
than once every 90 days thereafter for the duration of the
program, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the efforts
of the Secretary to carry out the program, including a
description of the outreach conducted by the Secretary to
veterans and community organizations to inform such
organizations about the program.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the program,
including with respect to--
(I) the utilization and efficacy of
the complementary and alternative
medicine services established under the
program;
(II) an assessment of the benefit
of the program to covered veterans in
mental health diagnoses, pain
management, and treatment of chronic
illness; and
(III) the comparative effectiveness
of various complementary and
alternative medicine therapies.
(ii) Barriers identified under subsection
(a)(2) that were not resolved.
(iii) Such recommendations for the
continuation or expansion of the program as the
Secretary considers appropriate.
(i) Complementary and Alternative Medicine Defined.--In this
section, the term ``complementary and alternative medicine'' shall have
the meaning given that term in section 321(e) of this Act.
(j) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 323. STUDIES OF BARRIERS ENCOUNTERED BY VETERANS IN RECEIVING, AND
ADMINISTRATORS AND CLINICIANS IN PROVIDING, COMPLEMENTARY
AND ALTERNATIVE MEDICINE SERVICES FURNISHED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Studies Required.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct comprehensive studies of the barriers encountered by
veterans in receiving, and administrators and clinicians in
providing, complementary and alternative medicine services
furnished by the Department of Veterans Affairs.
(2) Studies conducted.--
(A) Veterans.--In conducting the study of veterans,
the Secretary shall--
(i) survey veterans who seek or receive
hospital care or medical services furnished by
the Department, as well as veterans who do not
seek or receive such care or services;
(ii) administer the survey to a
representative sample of veterans from each
Veterans Integrated Service Network; and
(iii) ensure that the sample of veterans
surveyed is of sufficient size for the study
results to be statistically significant.
(B) Administrators and clinicians.--In conducting
the study of clinicians and administrators, the
Secretary shall--
(i) survey administrators of the Department
who are involved in the provision of health
care services;
(ii) survey clinicians that have provided
complementary and alternative medicine services
through the program established under section
322 of this Act, after those clinicians have
provided those services through such program
for at least 90 days; and
(iii) administer the survey to
administrators under clause (i)--
(I) before the introduction of
complementary and alternative medicine
services through such program; and
(II) not earlier than 90 days after
the introduction of complementary and
alternative medicine services through
such program.
(b) Elements of Studies.--
(1) Veterans.--In conducting the study of veterans required
by subsection (a), the Secretary shall study the following:
(A) The perceived barriers associated with
obtaining complementary and alternative medicine
services from the Department.
(B) The satisfaction of veterans with complementary
and alternative medicine services in primary care.
(C) The degree to which veterans are aware of
eligibility requirements for, and the scope of services
available under, complementary and alternative medicine
services furnished by the Department.
(D) The effectiveness of outreach to veterans on
the availability of complementary and alternative
medicine for veterans.
(E) Such other barriers as the Secretary considers
appropriate.
(2) Administrators and clinicians.--In conducting the study
of administrators and clinicians required by subsection (a),
the Secretary shall study the following:
(A) The extent of the integration of complementary
and alternative medicine services within the services
provided by the Department.
(B) The perception by administrators and clinicians
of the structural and attitudinal barriers to the
delivery of high quality complementary and alternative
medicine services by the Department.
(C) Strategies that have been used to reduce or
eliminate such barriers and the results of such
strategies.
(D) The satisfaction of administrators and
clinicians regarding the integration of complementary
and alternative medicine services within the services
provided by the Department.
(E) The perception by administrators and clinicians
of the value of specific complementary and alternative
medicine services for inpatient and outpatient veteran
populations.
(c) Discharge by Contract.--The Secretary shall enter into a
contract with a qualified independent entity or organization to carry
out the studies required by this section.
(d) Mandatory Review of Data by the National Research Advisory
Council.--
(1) In general.--The Secretary shall ensure that the head
of the National Research Advisory Council reviews the results
of the studies conducted under this section.
(2) Submittal of findings.--The head of the National
Research Advisory Council shall submit findings with respect to
the studies to the Under Secretary for Health and to other
pertinent program offices within the Department with
responsibilities relating to health care services for veterans.
(e) Reports.--
(1) Report on implementation.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on the status of the
implementation of this section.
(2) Report on study.--
(A) In general.--Not later than 45 days after the
date of the completion of the study, the Secretary
shall submit to Congress a report on the study required
by subsection (a).
(B) Contents.--The report required by subparagraph
(A) shall include the following:
(i) Recommendations for such administrative
and legislative proposals and actions as the
Secretary considers appropriate.
(ii) The findings of the head of the
National Research Advisory Council and of the
Under Secretary for Health.
(f) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2015 for the Department of Veterans
Affairs, $2,000,000 to carry out this section.
(g) Complementary and Alternative Medicine Defined.--In this
section, the term ``complementary and alternative medicine'' shall have
the meaning given that term in section 321(e) of this Act.
SEC. 324. PROGRAM ON USE OF WELLNESS PROGRAMS AS COMPLEMENTARY APPROACH
TO MENTAL HEALTH CARE FOR VETERANS AND FAMILY MEMBERS OF
VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a program through the award of grants to public or
private nonprofit entities to assess the feasibility and
advisability of using wellness programs to complement the
provision of mental health care to veterans and family members
eligible for counseling under section 1712A(a)(1)(C) of title
38, United States Code.
(2) Matters to be addressed.--The program shall be carried
out so as to assess the following:
(A) Means of improving coordination between
Federal, State, local, and community providers of
health care in the provision of mental health care to
veterans and family members described in paragraph (1).
(B) Means of enhancing outreach, and coordination
of outreach, by and among providers of health care
referred to in subparagraph (A) on the mental health
care services available to veterans and family members
described in paragraph (1).
(C) Means of using wellness programs of providers
of health care referred to in subparagraph (A) as
complements to the provision by the Department of
Veterans Affairs of mental health care to veterans and
family members described in paragraph (1).
(D) Whether wellness programs described in
subparagraph (C) are effective in enhancing the quality
of life and well-being of veterans and family members
described in paragraph (1).
(E) Whether wellness programs described in
subparagraph (C) are effective in increasing the
adherence of veterans described in paragraph (1) to the
primary mental health services provided such veterans
by the Department.
(F) Whether wellness programs described in
subparagraph (C) have an impact on the sense of
wellbeing of veterans described in paragraph (1) who
receive primary mental health services from the
Department.
(G) Whether wellness programs described in
subparagraph (C) are effective in encouraging veterans
receiving health care from the Department to adopt a
more healthy lifestyle.
(b) Duration.--The Secretary shall carry out the program for a
period of three years beginning on the date that is one year after the
date of the enactment of this Act.
(c) Locations.--The Secretary shall carry out the program at
facilities of the Department providing mental health care services to
veterans and family members described in subsection (a)(1).
(d) Grant Proposals.--
(1) In general.--A public or private nonprofit entity
seeking the award of a grant under this section shall submit an
application therefor to the Secretary in such form and in such
manner as the Secretary may require.
(2) Application contents.--Each application submitted under
paragraph (1) shall include the following:
(A) A plan to coordinate activities under the
program, to the extent possible, with the Federal,
State, and local providers of services for veterans to
enhance the following:
(i) Awareness by veterans of benefits and
health care services provided by the
Department.
(ii) Outreach efforts to increase the use
by veterans of services provided by the
Department.
(iii) Educational efforts to inform
veterans of the benefits of a healthy and
active lifestyle.
(B) A statement of understanding from the entity
submitting the application that, if selected, such
entity will be required to report to the Secretary
periodically on standardized data and other performance
data necessary to evaluate individual outcomes and to
facilitate evaluations among entities participating in
the program.
(C) Other requirements that the Secretary may
prescribe.
(e) Grant Uses.--
(1) In general.--A public or private nonprofit entity
awarded a grant under this section shall use the award for
purposes prescribed by the Secretary.
(2) Eligible veterans and family.--In carrying out the
purposes prescribed by the Secretary in paragraph (1), a public
or private nonprofit entity awarded a grant under this section
shall use the award to furnish services only to individuals
specified in section 1712A(a)(1)(C) of title 38, United States
Code.
(f) Reports.--
(1) Periodic reports.--
(A) In general.--Not later than 180 days after the
date of the commencement of the program, and every 180
days thereafter, the Secretary shall submit to Congress
a report on the program.
(B) Report elements.--Each report required by
subparagraph (A) shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the program during
the 180-day period preceding the report.
(ii) An assessment of the benefits of the
program to veterans and their family members
during the 180-day period preceding the report.
(2) Final report.--Not later than 180 days after the end of
the program, the Secretary shall submit to Congress a report
detailing the recommendations of the Secretary as to the
advisability of continuing or expanding the program.
(g) Wellness Defined.--In this section, the term ``wellness'' has
the meaning given that term in regulations prescribed by the Secretary.
TITLE IV--ACCOUNTABILITY AND ADMINISTRATIVE IMPROVEMENTS
SEC. 401. ADMINISTRATION OF VETERANS INTEGRATED SERVICE NETWORKS.
(a) Veterans Integrated Service Networks.--
(1) In general.--Subchapter I of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7310. Veterans Integrated Service Networks
``(a) Organization.--(1) The Secretary shall organize the Veterans
Health Administration in geographically defined Veterans Integrated
Service Networks.
``(2) Each Veterans Integrated Service Network shall be organized
in consideration of the following:
``(A) The size of the veteran population of the region of
the network.
``(B) The complexity of the medical needs of the veterans
in such region.
``(C) Patient referral patterns.
``(D) The availability of a full continuum of health care
services.
``(E) The ability of the Department to furnish health care
efficiently.
``(F) Partnerships with non-Department health care
entities.
``(b) Staffing Model.--(1) The Secretary shall establish a staffing
model for each Veterans Integrated Service Network that--
``(A) is appropriate for the mission and responsibilities
of the Veterans Integrated Service Network; and
``(B) accounts for the specific health care needs of
differing populations in the Veterans Integrated Service
Network.
``(2) The Secretary shall ensure that each Veterans Integrated
Service Network complies with the staffing model established by the
Secretary under paragraph (1) for such Veterans Integrated Service
Network.
``(c) Integrated Health Care System.--The Secretary shall ensure
that each Veterans Integrated Service Network maintains a regional
integrated healthcare system by--
``(1) implementing alliances with such other governmental,
public, and private health care organizations and practitioners
as the Secretary considers appropriate to meet the needs of
veterans in the Network;
``(2) providing oversight and management of, and taking
responsibility for, a regional budget for the activities of the
Veterans Health Administration in the geographic area of the
Network that is--
``(A) aligned with the budget guidelines of the
Department and the Veterans Health Administration;
``(B) balanced at the end of each fiscal year; and
``(C) sufficient to provide high-quality health
care to veterans within the region and to meet any
unique needs of the veterans of the region;
``(3) using national metrics to develop systems to provide
effective, efficient, and safe delivery of health care; and
``(4) ensuring high-quality clinical programs and services
are rendered in and through--
``(A) the medical centers and outpatient clinics of
the Department that are located in the Network; and
``(B) other non-Department clinical or health care
delivery settings located in the Network.
``(d) Reduction in Duplicate Functions.--The Secretary shall ensure
that the Veterans Integrated Service Networks identify and reduce,
whenever practicable, the duplication of functions in clinical,
administrative, and operational processes and practices of the Veterans
Health Administration.
``(e) Collaboration and Cooperation.--The Secretary shall ensure
that each Veterans Integrated Service Network--
``(1) works to achieve maximum effectiveness in patient
care and safety, graduate medical education, and research; and
``(2) assesses the consolidation or realignment of
institutional functions, including capital asset, safety, and
operational support functions, in collaboration and cooperation
with other Veterans Integrated Service Networks and the
following offices or entities within the geographical area of
the Network:
``(A) The offices of the Veterans Benefits
Administration and the National Cemetery
Administration.
``(B) The offices, installations, and facilities of
the Department of Defense, including the offices,
installations, and facilities of each branch of the
Armed Forces and the reserve components of the Armed
Forces.
``(C) The offices, installations, and facilities of
the Coast Guard.
``(D) Offices of State and local agencies that have
a mission to provide assistance to veterans.
``(E) Medical schools and other affiliates.
``(F) Offices of Congress, offices of State and
local elected officials, and other government offices.
``(G) Federal, State, and local emergency
preparedness organizations.
``(H) Community and nonprofit organizations.
``(I) Such other entities of the Federal Government
as the Secretary considers appropriate.
``(f) Headquarters.--(1) The Secretary shall ensure that each
Veterans Integrated Service Network has only one headquarters office.
``(2) The location of a headquarters office for a Veterans
Integrated Service Network shall be determined by the Secretary and co-
located with a Department of Veterans Affairs medical center.
``(3)(A) The Secretary may employ or contract for the services of
such full time equivalent employees and contractors at the headquarters
of each Veterans Integrated Service Network as the Secretary considers
appropriate in accordance with the staffing models established under
subsection (b).
``(B) Not later than December 31 each year, 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 employment at the headquarters of Veterans Integrated Service
Networks during the most recently completed fiscal year.
``(C) Each report submitted under subparagraph (B) shall include
the following for the year covered by the report:
``(i) The number of individuals employed at each
headquarters of a Veterans Integrated Service Network.
``(ii) The number of individuals employed by the Veterans
Health Administration in each Veterans Integrated Service
Network who are not employed at the same location as the
headquarters of the Network.
``(iii) The title for each position of employment at a
headquarters of a Veterans Integrated Service Network.
``(iv) The title for each position of employment with the
Veterans Health Administration in each Veterans Integrated
Service Network that is not at the same location as the
headquarters of the Network.
``(v) An assessment of the impact on the budget of the
Department by the employment of individuals at the headquarters
of the Veterans Integrated Service Networks.
``(g) Triennial Structure Review, Reassessment, and Report.--(1)
Beginning three years after the date of the enactment of this section
and not less frequently than once every three years thereafter, the
Secretary shall conduct a review and assessment of the structure and
operations of the Veterans Integrated Service Networks in order to
identify recommendations--
``(A) for streamlining and reducing costs associated with
the operation of each headquarters of a Veterans Integrated
Service Network; and
``(B) for reducing costs of health care within the Veterans
Health Administration.
``(2) Not later than 180 days after conducting a review and
assessment under paragraph (1), the Secretary shall submit to the
Committee of Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on such
review and assessment, which shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate to improve the Veterans Integrated Service Networks.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the item
relating to section 7309 the following new item:
``7310. Veterans Integrated Service Networks.''.
(b) Relocation of Headquarters.--
(1) In general.--In the case of a headquarters office of a
Veterans Integrated Service Network that on the day before the
date of the enactment of this Act was in a location that was
not co-located with a Department of Veterans Affairs medical
center and the Secretary is engaged in a lease for such
location, the Secretary may--
(A) relocate such headquarters upon the expiration
of such lease so that such headquarters is co-located
as required by section 7310(f)(2) of title 38, United
States Code (as added by subsection (a)(1)); or
(B) notwithstanding such section 7310(f)(2) (as so
added), renew such lease or enter into a new lease to
keep such headquarters in such location.
(2) Report.--If the Secretary renews a lease or engages in
a new lease under paragraph (1)(B), the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives,
before renewing such lease or engaging in such lease, a report
describing the reasons for such renewal or engagement. Such
report shall include the following:
(A) A list of Department of Veterans Affairs
medical centers in the Veterans Integrated Service
Network of the headquarters with underutilized
buildings, the number of such buildings, and the total
underutilized square footage for each such medical
center.
(B) The cost of the current lease (the annual
amount of rent, the total cost over the life of the
lease, and the total cost per square foot) and the
current square footage being leased.
(C) The cost of the new lease (the annual amount of
rent, the total cost over the life of the lease, and
the total cost per square foot) and the square footage
to be leased.
(c) Construction.--Nothing in this section shall be construed to
require any change in the location or type of medical care or service
provided by a Department of Veterans Affairs medical center, a
Department community based outpatient clinic, a center for readjustment
counseling and related mental health services for veterans under
section 1712A of title 38, United States Code (known as a ``vet
center''), or other facility that provides direct care or services
under a law administered by the Secretary of Veterans Affairs.
(d) Effective Date.--This section, and 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. 402. REGIONAL SUPPORT CENTERS FOR VETERANS INTEGRATED SERVICE
NETWORKS.
(a) In General.--Subchapter I of chapter 73, as amended by section
401(a)(1) of this Act, is further amended by adding at the end the
following new section:
``Sec. 7310A. Regional support centers for Veterans Integrated Service
Networks
``(a) Establishment.--The Secretary shall establish not more than
four regional support centers within the Veterans Health Administration
to assess the effectiveness and efficiency of the Veterans Integrated
Service Networks. The head of each regional support center shall report
to the Under Secretary of Health.
``(b) Functions.--The functions of the regional support centers
established under subsection (a) are as follows:
``(1) To assess the quality of work performed within
finance operations and other compliance related activities of
the Veterans Integrated Service Networks.
``(2) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts outreach to
veterans who served in Operation Enduring Freedom, Operation
Iraqi Freedom, Operation New Dawn, or any other contingency
operation (as that term is defined in section 101 of title 10).
``(3) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts programs for the
benefit of women veterans.
``(4) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts programs that
address homelessness among veterans.
``(5) To assess how effectively and efficiently each
Veterans Integrated Service Network consumes energy.
``(6) To assess such other matters concerning the
operations and activities of the Veterans Integrated Service
Networks as the Secretary considers appropriate.
``(c) Staff.--The Secretary may hire such employees and contractors
as the Secretary considers appropriate to carry out the functions of
the regional support centers.
``(d) Location of Regional Support Centers.--(1) Except as provided
in paragraph (2), the location of each regional support center
established under subsection (a) shall be determined by the Secretary
and co-located with a medical center of the Department.
``(2) The Secretary may choose a location for a regional support
center established under subsection (a) that is not co-located with a
medical center of the Department if the Secretary submits to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives, before entering into
a contract for a location that is not co-located with a medical center,
a report describing the reasons for choosing a location for the
regional support center that is not co-located with a medical center of
the Department. Such report shall include the following:
``(A) A list of medical centers of the Department in the
Veterans Integrated Service Network of the regional support
center with underutilized buildings, the number of all Veterans
Health Administration buildings in such Network, and the total
underutilized square footage for each medical center of the
Department in such Network.
``(B) The estimated cost of such lease (the annual amount
of rent, the total cost over the life of the lease, and the
total cost per square foot) and the square footage to be
leased.''.
(b) Initial Staffing.--In providing for the initial staff of each
regional support center established under section 7310A(a) of title 38,
United States Code, as added by subsection (a), the Secretary of
Veterans Affairs shall, to the degree practicable, transfer employees
from headquarters of Veterans Integrated Service Networks to regional
support centers who were employed in positions at such headquarters
that covered functions similar to those described in section 7310A(b)
of such title, as so added.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 73, as amended by section 401(a)(2) of this Act, is further
amended by inserting after the item relating to section 7310 the
following new item:
``7310A. Regional support centers for Veterans Integrated Service
Networks.''.
(d) Construction.--Nothing in this section shall be construed to
require any change in the location or type of medical care or service
provided by a Department of Veterans Affairs medical center, a
Department community based outpatient clinic, a center for readjustment
counseling and related mental health services for veterans under
section 1712A of title 38, United States Code (known as a ``vet
center''), or other facility that provides direct care or services
under a law administered by the Secretary of Veterans Affairs.
(e) Effective Date.--This section, and 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. 403. COMMISSION ON CAPITAL PLANNING FOR DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES.
(a) Establishment of Commission.--
(1) Establishment.--There is established the Commission on
Capital Planning for Department of Veterans Affairs Medical
Facilities (in this section referred to as the ``Commission'').
(2) Membership.--
(A) Voting members.--The Commission shall, subject
to subparagraph (B), be composed of 10 voting members
as follows:
(i) 1 shall be appointed by the President.
(ii) 1 shall be appointed by the
Administrator of General Services.
(iii) 3 shall be appointed by the Secretary
of Veterans Affairs, of whom--
(I) 1 shall be an employee of the
Veterans Health Administration;
(II) 1 shall be an employee of the
Office of Asset Enterprise Management
of the Department of Veterans Affairs;
and
(III) 1 shall be an employee of the
Office of Construction and Facilities
Management of the Department of
Veterans Affairs.
(iv) 1 shall be appointed by the Secretary
of Defense from among employees of the Army
Corps of Engineers.
(v) 1 shall be appointed by the majority
leader of the Senate.
(vi) 1 shall be appointed by the minority
leader of the Senate.
(vii) 1 shall be appointed by the Speaker
of the House of Representatives.
(viii) 1 shall be appointed by the minority
leader of the House of Representatives.
(B) Requirement relating to certain appointments of
voting members.--Of the members appointed pursuant to
clause (i), (ii), and (iv) through (viii) of
subparagraph (A), all shall have expertise in capital
leasing, construction, or health facility management
planning.
(C) Non-voting members.--The Commission shall be
assisted by 10 non-voting members, appointed by the
vote of a majority of members of the Commission under
subparagraph (A), of whom--
(i) 6 shall be representatives of veterans
service organizations recognized by the
Secretary of Veterans Affairs; and
(ii) 4 shall be individuals from outside
the Department of Veterans Affairs with
experience and expertise in matters relating to
management, construction, and leasing of
capital assets.
(D) Date of appointment of voting members.--The
appointments of the members of the Commission under
subparagraph (A) shall be made not later than 60 days
after the date of the enactment of this Act.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(4) Initial meeting.--Not later than 15 days after the date
on which 7 members of the Commission have been appointed, the
Commission shall hold its first meeting.
(5) Meetings.--The Commission shall meet at the call of the
Chair.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chair and vice chair.--The Commission shall select a
Chair and Vice Chair from among its members.
(b) Duties of Commission.--
(1) In general.--The Commission shall undertake a
comprehensive evaluation and assessment of various options for
capital planning for Department of Veterans Affairs medical
facilities, including an evaluation and assessment of the
mechanisms by which the Department currently selects means for
the delivery of health care, whether by major construction,
major medical facility leases, sharing agreements with the
Department of Defense, the Indian Health Service, and Federally
Qualified Health Clinics under section 330 of the Public Health
Service Act (42 U.S.C. 254b), contract care, multisite care,
telemedicine, extended hours for care, or other means.
(2) Context of evaluation and assessment.--In undertaking
the evaluation and assessment, the Commission shall consider--
(A) the importance of access to health care through
the Department, including associated guidelines of the
Department on access to, and drive time for, health
care;
(B) limitations and requirements applicable to the
construction and leasing of medical facilities for the
Department, including applicable laws, regulations, and
costs as determined by both the Congressional Budget
Office and the Office of Management and Budget;
(C) the nature of capital planning for Department
medical facilities in an era of fiscal uncertainty;
(D) projected future fluctuations in the population
of veterans; and
(E) the extent to which the Department was able to
meet the mandates of the Capital Asset Realignment for
Enhanced Services Commission.
(3) Particular considerations.--In undertaking the
evaluation and assessment, the Commission shall address, in
particular, the following:
(A) The Major Medical Facility Lease Program of the
Department, including an identification of potential
improvements to the lease authorization processes under
that Program.
(B) The management processes of the Department for
its Major Medical Facility Construction Program,
including processes relating to contract award and
management, project management, and processing of
change orders.
(C) The overall capital planning program of the
Department for medical facilities, including an
evaluation and assessment of--
(i) the manner in which the Department
determines whether to use capital or non-
capital means to expand access to health care;
(ii) the manner in which the Department
determines the disposition of under-utilized
and un-utilized buildings on campuses of
Department medical centers, and any barriers to
disposition;
(iii) the effectiveness of the facility
master planning initiative of the Department;
and
(iv) the extent to which sustainable
attributes are planned for to decrease
operating costs for Department medical
facilities.
(D) The current backlog of construction projects
for Department medical facilities, including an
identification of the most effective means to quickly
secure the most critical repairs required, including
repairs relating to facility condition deficiencies,
structural safety, and compliance with the Americans
With Disabilities Act of 1990.
(4) Reports.--Subject to paragraph (5), the Commission
shall submit to the Secretary of Veterans Affairs, and to the
Committee Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives, reports as
follows:
(A) Not later than six months after its initial
meeting under subsection (a)(4), a report on the Major
Medical Facility Lease Program and the Congressional
lease authorization process.
(B) Not later than one year after its initial
meeting, a report--
(i) on the management processes of the
Department for the construction of Department
medical facilities; and
(ii) setting forth an update of any matters
covered in the report under subparagraph (A).
(C) Not later than 18 months after its initial
meeting, a report--
(i) on the overall capital planning program
of the Department for medical facilities; and
(ii) setting forth an update of any matters
covered in earlier reports under this
paragraph.
(D) Not later than two years after its initial
meeting, a report--
(i) on the current backlog of construction
projects for Department medical facilities;
(ii) setting forth an update of any matters
covered in earlier reports under this
paragraph; and
(iii) including such other matters relating
to the duties of the Commission that the
Commission considers appropriate.
(E) Not later than 27 months after its initial
meeting, a report on the implementation by the
Secretary of Veterans Affairs pursuant to subsection
(g) of the recommendations included pursuant to
paragraph (5) in the reports under this paragraph.
(5) Recommendations.--Each report under paragraph (4) shall
include, for the aspect of the capital asset planning process
of the Department covered by such report, such recommendations
as the Commission considers appropriate for the improvement and
enhancement of such aspect of the capital asset planning
process.
(c) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this section. Upon request of the Chair of the Commission, the
head of such department or agency shall furnish such
information to the Commission.
(d) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chair of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The Chair of the Commission may
fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chair of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(e) Termination of Commission.--The Commission shall terminate 60
days after the date on which the Commission submits its report under
subsection (b)(4)(E).
(f) Funding.--The Secretary of Veterans Affairs shall make
available to the Commission such amounts as the Secretary and the Chair
of the Commission jointly consider appropriate for the Commission to
perform its duties under this section.
(g) Action on Recommendations.--
(1) In general.--The Secretary of Veterans Affairs shall
implement each recommendation included in a report under
subsection (b)(4) that the Secretary considers feasible and
advisable and can be implemented without further legislative
action.
(2) Reports.--Not later than 120 days after receipt of a
report under subparagraphs (A) through (D) of subsection
(b)(4), the Secretary shall submit to the Committee Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report setting forth the
following:
(A) An assessment of the feasibility and
advisability of each recommendation contained in such
report.
(B) For each recommendation assessed as feasible
and advisable--
(i) if such recommendation does not require
further legislative action for implementation,
a description of the actions taken, and to be
taken, by the Secretary to implement such
recommendation; and
(ii) if such recommendation requires
further legislative action for implementation,
recommendations for such legislative action.
SEC. 404. PUBLIC ACCESS TO DEPARTMENT OF VETERANS AFFAIRS RESEARCH AND
DATA SHARING BETWEEN DEPARTMENTS.
(a) Establishment of Internet Website.--The Secretary of Veterans
Affairs shall make available on an Internet website of the Department
of Veterans Affairs available to the public the following:
(1) Data files that contain information on research of the
Department.
(2) A data dictionary on each data file.
(3) Instructions for how to obtain access to each data file
for use in research.
(b) Public Access to Manuscripts on Department Funded Research.--
(1) In general.--Beginning not later than 540 days after
the effective date specified in subsection (e), the Secretary
shall require, as a condition on the use of any data gathered
or formulated from research funded by the Department, that any
final, peer-reviewed manuscript prepared for publication that
uses such data be submitted to the Secretary for deposit in the
digital archive under paragraph (2) and publication under
paragraph (3).
(2) Digital archive.--Not later than 540 days after the
effective date specified in subsection (e), the Secretary
shall--
(A) establish a digital archive consisting of
manuscripts described in paragraph (1); or
(B) partner with another executive agency to
compile such manuscripts in a digital archive.
(3) Public availability.--
(A) Availability of archive.--The Secretary shall
ensure that the digital archive under paragraph (2) and
the contents of such archive are available to the
public via a publicly accessible Internet website at no
cost to the public.
(B) Availability of manuscripts.--The Secretary
shall ensure that each manuscript submitted to the
Secretary under paragraph (1) is available to the
public under subparagraph (A) not later than one year
after the official date on which the manuscript is
otherwise published.
(4) Consistent with copyright law.--The Secretary shall
carry out this subsection in a manner consistent with
applicable copyright law.
(5) Annual report.--
(A) In general.--Not later than one year after the
date the Secretary begins making manuscripts available
to the public under this subsection and not less
frequently than once each year thereafter, the
Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
implementation of this subsection during the most
recent one-year period.
(B) Contents.--Each report submitted under
subparagraph (A) shall include for the period of the
report:
(i) The number of manuscripts submitted
under paragraph (1).
(ii) The titles of such manuscripts.
(iii) The authors of such manuscripts.
(iv) For each such manuscript, the name and
issue number or volume number, as the case may
be, of the journal or other publication in
which such manuscript was published.
(c) Recommendations for Data Sharing Between Department of Veterans
Affairs and Department of Defense.--Not later than one year after the
effective date specified in subsection (e), the Department of Veterans
Affairs-Department of Defense Joint Executive Committee established by
section 320(a) of title 38, United States Code, shall submit to the
Secretary of Veterans Affairs and the Secretary of Defense options and
recommendations for the establishment of a program for long-term
cooperation and data sharing between and within the Department of
Veterans Affairs and the Department of Defense to facilitate research
on outcomes of military service, readjustment after combat deployment,
and other topics of importance to the following:
(1) Veterans.
(2) Members of the Armed Forces.
(3) Family members of veterans.
(4) Family members of members of the Armed Forces.
(5) Members of communities that have a significant
population of veterans or members of the Armed Forces.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in section 133 of
title 41, 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. 405. BUDGET TRANSPARENCY FOR OUTREACH ACTIVITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 63 is amended by inserting after section
6308 the following new section:
``Sec. 6309. Budget transparency
``(a) Budget Requirements.--In the budget justification materials
submitted to Congress in support of the Department budget for a fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31), the Secretary shall include a separate statement
of the amount requested for such fiscal year for activities of the
Office of Public and Intergovernmental Affairs as follows:
``(1) For outreach activities of the Department in
aggregate.
``(2) For outreach activities of each element of the
Department specified in subsection (b)(1).
``(b) Procedures for Effective Coordination and Collaboration.--(1)
Not later than 180 days after the date of the enactment of the Veterans
Health and Benefits Improvement Act of 2013, the Secretary shall
establish and maintain procedures for the Office of Public and
Intergovernmental Affairs to ensure the effective coordination and
collaboration of outreach activities of the Department between and
among the following:
``(A) Office of the Secretary.
``(B) Veterans Health Administration.
``(C) Veterans Benefits Administration.
``(D) National Cemetery Administration.
``(2) The Secretary shall--
``(A) beginning after the date on which the Secretary
establishes procedures under paragraph (1), not less frequently
than once every two years conduct a review of the procedures
established and maintained under paragraph (1) to ensure that
such procedures meet the requirements of such paragraph;
``(B) make such modifications to such procedures as the
Secretary considers appropriate based upon reviews conducted
under subparagraph (A) in order to better meet such
requirements; and
``(C) not later than 45 days after completing a review
under subparagraph (A), submit to Congress a report on the
findings of such review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 is amended by inserting after the item relating to section
6308 the following new item:
``6309. Budget transparency.''.
SEC. 406. COMPTROLLER GENERAL REPORT ON ADVISORY COMMITTEES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than one year after the effective date
specified in subsection (c), 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
advisory committees of the Department of Veterans Affairs.
(b) Contents.--The report required by subsection (a)--
(1) shall include--
(A) recommendations or proposals for continuing,
modifying, or terminating certain advisory committees,
including noting areas of overlap and duplication among
the advisory committees; and
(B) such other information as the Comptroller
General considers appropriate; and
(2) may include--
(A) a description of each advisory committee,
including with respect to each committee--
(i) the purpose of the committee;
(ii) the commencement date of the
committee; and
(iii) the anticipated termination date of
the committee;
(B) a summary of the anticipated expenses and the
actual expenses incurred for each advisory committee
during the most recent three fiscal years ending before
the date of the enactment of this Act; and
(C) with respect to meetings held by each advisory
committee--
(i) the frequency with which each committee
has met during the shorter of--
(I) the most recent three fiscal
years ending before the date of the
enactment of this Act; and
(II) the life of the committee;
(ii) the date of the most recent meeting
held by the committee before such date of
enactment; and
(iii) the date of the most recent report or
other written product developed by the
committee before such date of enactment.
(c) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
TITLE V--IMPROVEMENT OF PROCESSING OF CLAIMS FOR COMPENSATION
Subtitle A--Claims Based on Military Sexual Trauma
SEC. 501. MEDICAL EXAMINATION AND OPINION FOR DISABILITY COMPENSATION
CLAIMS BASED ON MILITARY SEXUAL TRAUMA.
(a) In General.--Section 5103A(d) is amended by adding at the end
the following new paragraph:
``(3)(A) In the case of a claim for disability compensation based
on a mental health condition related to military sexual trauma, the
Secretary shall treat an examination or opinion as being necessary to
make a decision on a claim for purposes of paragraph (1) if the
evidence of record before the Secretary, taking into consideration all
information and lay or medical evidence (including statements of the
claimant)--
``(i)(I) contains competent evidence that the claimant has
a current disability, or persistent or recurrent symptoms of
disability; and
``(II) indicates that the disability or symptoms may be
associated with the claimant's active military, naval, or air
service; but
``(ii) does not contain a diagnosis or opinion by a mental
health professional that may assist in corroborating the
occurrence of a military sexual trauma stressor related to a
diagnosable mental health condition.
``(B) In this paragraph, the term `military sexual trauma' shall
have the meaning specified by the Secretary for purposes of this
paragraph, and shall include `sexual harassment' (as so specified).''.
(b) Report.--Not later than 18 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
number of examinations and opinions conducted by the Secretary pursuant
to paragraph (3) of section 5103A(d) of title 38, United States Code
(as added by subsection (a)), including the following:
(1) The number of examinations conducted using a
standardized disability assessment.
(2) The number of examinations conducted using a non-
standardized clinical interview.
SEC. 502. CASE REPRESENTATIVE OFFICERS FOR MILITARY SEXUAL TRAUMA
SUPPORT.
(a) In General.--The Secretary of Veterans Affairs shall assign to
each individual seeking compensation under the laws administered by the
Secretary based on military sexual trauma a case representative officer
who shall provide advice and general information to such individual on
the claims process for such compensation. Each case representative
officer so assigned shall be assigned from among current personnel of
the Department of Veterans Affairs.
(b) Liaison.--A case representative officer assigned to an
individual under subsection (a) shall be responsible for serving as a
liaison between the individual, an authorized agent or attorney of the
individual under section 5904 of title 38, United States Code, or an
otherwise accredited representative of the individual, and the
Department of Veterans Affairs on matters relating to the claim of the
individual for compensation under the laws administered by the
Secretary.
(c) Case Representative Officer Requirements.--
(1) Competence and knowledge.--Each case representative
officer assigned under subsection (a) shall be competent and
knowledgeable about the following:
(A) The claims adjudication process and applicable
laws, regulations, and other authority applicable to
the adjudication of disability claims based on military
sexual trauma.
(B) Such other services to victims of sexual trauma
as the Secretary considers appropriate.
(2) Limitation on number of individuals to which
assigned.--A case representative officer may not be assigned to
more individuals described in subsection (a) than, as
determined by the Secretary, is appropriate for the provision
of individual case management assistance by such officer.
(d) Information on Benefits and Programs Relating to Military
Sexual Trauma.--
(1) In general.--The Secretary shall make available to the
public information on the availability of case representative
officers under subsection (a) to assist in the application for
benefits based on military sexual trauma. The Secretary shall
revise and update the information so made available in order to
ensure that the information is as current as possible.
(2) Individuals separating from military service.--The
Secretary shall, in consultation with the Secretary of Defense,
ensure that individuals who are being separated from the active
military, naval, or air service are provided appropriate
information about programs, requirements, and procedures for
applying for benefits based on military sexual trauma and the
availability of case representative officers under subsection
(a).
(e) Information on Training for Agents and Representatives of
Individuals Assigned Case Representative Officer.--The Secretary shall
make available to the authorized agent or attorney of an individual
assigned a case representative under subsection (a), or to the
otherwise accredited representative of the individual, any relevant
materials used to train such case representative officer for the duties
of such position.
(f) Advisory Committee on Women Veterans Consideration of
Mechanisms To Enhance Coordination Between VBA and VHA on Benefits for
Military Sexual Trauma.--The Advisory Committee on Women Veterans
established under section 542 of title 38, United States Code, shall
undertake actions to identify mechanisms to enhance coordination
between the Veterans Benefits Administration and the Veterans Health
Administration in the provision of benefits based on military sexual
trauma, including the identification of barriers to the appropriate
provision of benefits for military sexual trauma by such
Administrations and of means of eliminating or reducing such barriers.
(g) Annual Reports.--Not less frequently than annually, 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 setting forth the following:
(1) A certification whether or not the case representative
officers assigned under subsection (a) during the preceding
year met the requirements specified in subsection (c).
(2) A description of the current training the Secretary
provides to employees of the Veterans Benefits Administration
on claims for benefits based on military sexual trauma,
including the frequency, length, and content of such training.
(3) A description of current policies and procedures on the
training the Secretary provides to case representative
officers, including the current position descriptions for case
representative officers.
(4) A description of current efforts to coordinate
activities and assistance provided to individuals who seek care
or benefits for military sexual trauma between the Veterans
Health Administration and Veterans Benefits Administration,
including the efforts of the Advisory Committee on Women
Veterans under subsection (f).
(h) Sunset.--
(1) In general.--No case representative officer may be
assigned under subsection (a) after December 31, 2018.
(2) Continuation of duties after sunset date.--Paragraph
(1) shall not be construed to prohibit any case representative
officer assigned to an individual before the date specified in
that paragraph from performing duties pursuant to this section
after that date with respect to a claim for which that case
representative officer was assigned to such individual before
that date.
(i) Definitions.--In this section:
(1) Active military, naval, or air service.--The term
``active military, naval, or air service'' has the meaning
given that term in section 101 of title 38, United States Code.
(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).
SEC. 503. REPORT ON STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL
HEALTH CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) In General.--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 on the
current standard of proof for service-connection under chapter 11 of
title 38, United States Code, for covered mental health conditions
based on military sexual trauma.
(b) Recommendations.--The Secretary shall include in the report
under subsection (a) any recommendations the Secretary considers
appropriate to improve the adjudication of claims for compensation
based on military sexual trauma, including--
(1) recommendations for an appropriate standard of proof
for such claims if the Secretary considers such recommendations
advisable; and
(2) recommendations for legislative action, if necessary,
to carry out such improvement.
(c) Definitions.--In this section:
(1) Active military, naval, or air service.--The term
``active military, naval, or air service'' has the meaning
given that term in section 101 of title 38, United States Code.
(2) Covered mental health condition.--The term ``covered
mental health condition'' means post-traumatic stress disorder,
anxiety, depression, or other mental health diagnosis that the
Secretary determines to be related to military sexual trauma.
(3) 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).
SEC. 504. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY
MILITARY SEXUAL TRAUMA.
(a) Reports.--Not later than December 1, 2014, and each year
thereafter through 2018, the Secretary of Veterans Affairs shall submit
to Congress a report on the covered claims submitted to the Secretary
during the previous fiscal year.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) The number of covered claims submitted to or considered
by the Secretary during the fiscal year covered by the report.
(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 the fiscal year
covered by the report;
(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 the
fiscal year covered by the report, are pending and, separately,
the number of such claims on appeal.
(7) For the fiscal year covered by the report, 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) Active military, naval, or air service.--The term
``active military, naval, or air service'' has the meaning
given that term in section 101 of title 38, United States Code.
(2) 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.
(3) 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).
Subtitle B--Agency of Original Jurisdiction
SEC. 511. WORKING GROUP TO IMPROVE EMPLOYEE WORK CREDIT AND WORK
MANAGEMENT SYSTEMS OF VETERANS BENEFITS ADMINISTRATION IN
AN ELECTRONIC ENVIRONMENT.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish a working group to assess and develop recommendations for the
improvement of the employee work credit and work management systems of
the Veterans Benefits Administration in an electronic environment.
(b) Composition.--The working group shall be composed of the
following:
(1) The Secretary or the Secretary's designee.
(2) Individuals selected by the Secretary from among
employees of the Department of Veterans Affairs who handle
claims for compensation and pension benefits and are
recommended to the Secretary by a labor organization for
purposes of this section, including at least one of each of the
following individuals:
(A) A veterans service representative.
(B) A rating veterans service representative.
(C) A decision review officer.
(3) Not fewer than three individuals selected by the
Secretary to represent different organizations recognized by
the Secretary for the representation of veterans under section
5902 of title 38, United States Code.
(4) Individuals selected by the Secretary--
(A) that are not employees of the Department; and
(B) that are experts in work credit and work
management systems.
(c) Duties.--The duties of the working group are to assess and
develop recommendations for the following:
(1) The improvement of the employee work credit and work
management systems of the Veterans Benefits Administration in
an electronic environment.
(2) A scientific, data based methodology to be used in
revising the employee work credit system of the Department to
improve the quality and quantity of work produced by employees
of the Department.
(3) The improvement of the resource allocation model of the
Veterans Benefits Administration, with a focus on the
processing of claims in an electronic environment.
(4) A schedule by which the revisions referred to in
paragraph (2) will be implemented by the Department.
(d) Review and Incorporation of Findings From Prior Study.--In
carrying out its duties under subsection (c), the working group shall
review the findings and conclusions of previous studies of the employee
work credit and work management systems of the Veterans Benefits
Administration.
(e) Role of the Secretary.--The Secretary shall consider the
recommendations of the working group and implement such recommendations
as the Secretary determines appropriate.
(f) Reports.--
(1) Interim report.--Not later than 180 days after the date
of the establishment of the working group, the working group
shall submit to Congress a report on the progress of the
working group.
(2) Final report.--Not later than one year after the date
of the establishment of the working group, the Secretary shall
submit to Congress the methodology described in subsection
(c)(2) and the schedule described in subsection (c)(4) that the
Secretary has decided to implement pursuant to subsection (e).
(g) Implementation of Methodology and Schedule.--After submitting
the report under subsection (f), the Secretary shall take such actions
as may be necessary to apply the methodology described in subsection
(c)(2) and the schedule described in subsection (c)(4) that the
Secretary has decided to implement pursuant to subsection (e).
SEC. 512. TASK FORCE ON RETENTION AND TRAINING OF DEPARTMENT OF
VETERANS AFFAIRS CLAIMS PROCESSORS AND ADJUDICATORS.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish a task force to assess retention and training of claims
processors and adjudicators that are employed by the Department of
Veterans Affairs and other departments and agencies of the Federal
Government.
(b) Composition.--The task force shall be composed of the
following:
(1) The Secretary of Veterans Affairs or designee.
(2) The Director of the Office of Personnel Management or
designee.
(3) The Commissioner of Social Security or designee.
(4) An individual selected by the Secretary of Veterans
Affairs who represents an organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
(5) Such other individuals selected by the Secretary who
represent such other organizations and institutions as the
Secretary considers appropriate.
(c) Duration.--The task force established under subsection (a)
shall terminate not later than two years after the date on which the
task force is established under such subsection.
(d) Duties.--The duties of the task force are as follows:
(1) To identify key skills required by claims processors
and adjudicators to perform the duties of claims processors and
adjudicators in the various claims processing and adjudication
positions throughout the Federal Government.
(2) To identify reasons for employee attrition from claims
processing positions.
(3) To coordinate with educational institutions to develop
training and programs of education for members of the Armed
Forces to prepare such members for employment in claims
processing and adjudication positions in the Federal
Government.
(4) To identify and coordinate offices of the Department of
Defense and the Department of Veterans Affairs located
throughout the United States to provide information about, and
promotion of, available claims processing positions to members
of the Armed Forces transitioning to civilian life and to
veterans with disabilities.
(5) To establish performance measures to evaluate the
effectiveness of the task force.
(6) Not later than one year after the date of the
establishment of the task force, to develop a Government-wide
strategic and operational plan for promoting employment of
veterans in claims processing positions in the Federal
Government.
(7) To establish performance measures to assess the plan
developed under paragraph (6), to assess the implementation of
such plan, and to revise such plan as the task force considers
appropriate.
(e) Reports.--
(1) Submittal of plan.--Not later than one year after the
date of the establishment of the task force, the Secretary of
Veterans Affairs shall submit to Congress a report on the plan
developed by the task force under subsection (d)(6).
(2) Assessment of implementation.--Not later than 120 days
after the termination of the task force, the Secretary shall
submit to Congress a report that assesses the implementation of
the plan developed by the task force under subsection (d)(6).
SEC. 513. REPORTS ON REQUESTS BY THE DEPARTMENT OF VETERANS AFFAIRS FOR
RECORDS OF OTHER FEDERAL AGENCIES.
(a) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter through the
date that is 910 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 attempts of the
Department of Veterans Affairs to obtain records necessary to
adjudicate claims for benefits from another department or agency of the
Federal Government during the 180-day period ending on the date of such
report.
(b) Elements.--
(1) In general.--Each report shall set forth the following:
(A) For the period covered by such report, the
following:
(i) The total number of requests made by
the Department.
(ii) The types of records requested.
(iii) The number of requests made before
the receipt of each record.
(iv) The amount of time between the initial
request for each record and the receipt of each
record.
(v) The number of occurrences of the
receipt of a record after the adjudication of
the claim for which the record was sought.
(vi) A description of the efforts of the
Secretary to expedite the delivery of records
to the Department from other departments and
agencies of the Federal Government.
(B) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of such report.
(2) Presentation.--The information in a report under clause
(i) through (v) of paragraph (1)(A) shall be set forth
separately for each department and agency of the Federal
Government covered by such report.
SEC. 514. RECOGNITION OF REPRESENTATIVES OF INDIAN TRIBES IN THE
PREPARATION, PRESENTATION, AND PROSECUTION OF CLAIMS
UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
Section 5902(a)(1) is amended by inserting ``, including Indian
tribes (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b))'' after ``as the Secretary
may approve''.
SEC. 515. PROGRAM ON PARTICIPATION OF LOCAL AND TRIBAL GOVERNMENTS IN
IMPROVING QUALITY OF CLAIMS FOR DISABILITY COMPENSATION
SUBMITTED TO DEPARTMENT OF VETERANS AFFAIRS.
(a) Program Required.--The Secretary of Veterans Affairs shall
carry out a program to assess the feasibility and advisability of
entering into memoranda of understanding with local governments and
tribal organizations--
(1) to improve the quality of claims submitted to the
Secretary for compensation under chapter 11 of title 38, United
States Code, and pension under chapter 15 of such title; and
(2) to provide assistance to veterans who may be eligible
for such compensation or pension in submitting such claims.
(b) Minimum Number of Participating Tribal Organizations.--In
carrying out the program required by subsection (a), the Secretary
shall enter into, or maintain existing, memoranda of understanding with
at least--
(1) two tribal organizations; and
(2) 10 State or local governments.
(c) Duration.--The program shall be carried out during the two-year
period beginning on the date of the commencement of the program.
(d) Report.--
(1) Initial report.--Not later than one year after the date
of the commencement of the program, 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 that includes the following:
(A) A description of the implementation and
operation of the program, including a description of
outreach conducted by the Secretary to tribal
organizations and State and local governments.
(B) An evaluation of the program, including the
total number of memoranda of understanding entered into
or maintained by the Secretary.
(2) Final report.--Not later than 180 days after the
termination of the program, 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
that includes the following:
(A) A description of the implementation and
operation of the program, including a description of
outreach conducted by the Secretary to tribal
organizations and State and local governments.
(B) An evaluation of the program, including the
total number of memoranda of understanding entered into
or maintained by the Secretary.
(C) The findings and conclusions of the Secretary
with respect to the program.
(D) Such recommendations for continuation or
expansion of the program as the Secretary considers
appropriate.
(e) Tribal Organization Defined.--In this section, the term
``tribal organization'' has the meaning given that term in section 3765
of title 38, United States Code.
SEC. 516. QUARTERLY REPORTS ON PROGRESS OF DEPARTMENT OF VETERANS
AFFAIRS IN ELIMINATING BACKLOG OF CLAIMS FOR COMPENSATION
THAT HAVE NOT BEEN ADJUDICATED.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and not less frequently than quarterly thereafter
through calendar year 2015, 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 backlog of claims filed with the Department of Veterans Affairs
for compensation that have not been adjudicated by the Department.
(b) Contents.--Each report submitted under subsection (a) shall
include the following:
(1) For each month through calendar year 2015, a projection
of the following:
(A) The number of claims completed.
(B) The number of claims received.
(C) The number of claims on backlog at the end of
the month.
(D) The number of claims pending at the end of the
month.
(E) The number of appeals pending at the end of the
month.
(F) A description of the status of the
implementation of initiatives carried out by the
Secretary to address the backlog, including the
expected impact of those initiatives on accuracy and
timeliness of adjudication of claims.
(2) For each quarter through calendar year 2015, a
projection of the average accuracy of disability determinations
for compensation claims that require a disability rating (or
disability decision).
(3) For each month during the most recently completed
quarter, the following:
(A) The number of claims completed.
(B) The number of claims received.
(C) The number of claims on backlog at the end of
the month.
(D) The number of claims pending at the end of the
month.
(E) The number of appeals pending at the end of the
month.
(F) A description of the status of the
implementation of initiatives carried out by the
Secretary to address the backlog, including the impact
of those initiatives on accuracy and timeliness of
adjudication of claims.
(G) An assessment of the accuracy of disability
determinations for compensation claims that require a
disability rating (or disability decision).
(4) For the most recently completed quarter--
(A) the number of cases physically received at the
Board of Veterans' Appeals and docketed;
(B) the number of cases pending at the Board of
Veterans' Appeals at the end of the quarter;
(C) the number of cases physically at the Board of
Veterans' Appeals at the end of the quarter;
(D) the number of notices of disagreement and
appeals filed to the agency of original jurisdiction
referred to in section 7105(b)(1) of title 38, United
States Code; and
(E) the number of decisions made by the Board of
Veterans' Appeals and the percentage of such decisions
that were allowed, remanded, denied, or otherwise
disposed of.
(c) Availability to Public.--The Secretary shall make each report
submitted under subsection (a) available to the public.
(d) On Backlog and Pending Defined.--In this section, the terms
``on backlog'' and ``pending'', with respect to a claim for
compensation received by the Secretary, shall have the meaning
specified by the Secretary for purposes of this section.
SEC. 517. REPORTS ON USE OF EXISTING AUTHORITIES TO EXPEDITE BENEFITS
DECISIONS.
(a) Report on Current Use of Temporary, Intermediate, and
Provisional Rating Decisions.--
(1) Report required.--Not later than 180 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 use of temporary,
intermediate, and provisional rating decisions to expedite the
benefits decisions of the Department of Veterans Affairs.
(2) Report elements.--The report required by paragraph (1)
shall include the following:
(A) With respect to temporary and intermediate
rating decisions, the following:
(i) The number of temporary and
intermediate rating decisions issued by the
Department during each of fiscal years 2011,
2012, and 2013.
(ii) A description of any reasons or
obstacles that prevent use of existing
authorities to issue temporary or intermediate
rating decisions.
(iii) A description of the Quick Pay
Disability initiative, including the rationale
for not expanding the initiative beyond pilot
program status.
(B) With respect to provisional rating decisions,
the following:
(i) The number of provisional rating
decisions issued by the Department during the
oldest claims first initiative.
(ii) Of the provisional rating decisions
issued during the oldest claims first
initiative--
(I) the number of such decisions
that involved a claim granted;
(II) the number of such decisions
that involved a claim denied; and
(III) the number of such decisions
that involved a claim granted in part
or a claim denied in part.
(iii) A statement of the most common
reasons claims were not granted earlier under
the oldest claims first initiative when there
was sufficient evidence to render an award of
benefits in the provisional rating decision.
(iv) The average number of days to issue a
provisional rating decision under the oldest
claims first initiative.
(v) Of the total number of decisions that
were completed under the oldest claims first
initiative--
(I) the number that were Category 1
claims and received a final rating
decision; and
(II) the number that were Category
2 claims and received a provisional
rating decision.
(vi) The number of rating decisions issued
during the oldest claims first imitative that
involved a brokered claim, set forth by number
of such claims by Regional Office of the
Department, including--
(I) the number of brokered claims
received by each Regional Office; and
(II) the number of brokered claims
issued by each Regional Office.
(vii) The number of provisional rating
decisions issued during the oldest claims first
initiative with respect to which the veteran
requested that the provisional decision become
final in order to appeal.
(viii) The number of provisional rating
decisions issued during the oldest claims first
initiative with respect to which the veteran
requested an appeal after the expiration of the
1-year period beginning on the date of
notification of the provisional rating
decision.
(ix) An assessment of the accuracy of
provisional rating decisions issued during the
oldest claims first initiative, set forth by
Category 1 claims and Category 2 claims.
(C) Such other matters as the Secretary considers
appropriate for purposes of the report.
(3) Supplemental information.--If the Secretary continues
to obtain information on rating decisions under clauses (vii)
and (viii) of paragraph (2)(B) after the date of the submittal
of the report required by paragraph (1), the Secretary shall
submit to the committees of Congress referred to in paragraph
(1) a report on such information that supplements the
information on such clauses in the report under paragraph (1)
when the Secretary completes accumulation of such information.
(b) Plan for Increase in Use of Temporary or Intermediate Rating
Decisions.--
(1) Report on plan required.--Not later than 180 days 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 setting forth a plan to increase the
use of temporary or intermediate rating decisions to expedite
benefit decisions of the Department when the record contains
sufficient evidence to grant any claim at issue, including
service connection.
(2) Plan elements.--The plan required under paragraph (1)
shall include the following:
(A) Mechanisms to overcome obstacles to the use of
temporary or intermediate rating decisions, including
mechanisms (such as upgrades) to assure the ability of
the Veterans Benefits Management System to facilitate
the issuance of temporary or intermediate rating
decisions.
(B) Mechanisms to ensure that appropriate claimant
populations, such as claimants who file complex or
multi-issue disability compensation claims, benefit
from the availability of temporary or intermediate
rating decisions.
(C) Mechanisms to provide for the use of temporary
or intermediate rating decisions, including mechanisms
to resolve whether a request by a claimant or claimant
representative should trigger use of a temporary or
intermediate rating decision depending on the
circumstances of the claimant.
(D) Mechanisms to prevent the use of temporary or
intermediate rating decisions in lieu of a final rating
decision when a final rating decision could be made
with little or no additional claim development.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate to increase the use of temporary or
intermediate rating decisions to expedite benefit
decisions of the Department.
SEC. 518. REPORTS ON DEPARTMENT DISABILITY MEDICAL EXAMINATIONS AND
PREVENTION OF UNNECESSARY MEDICAL EXAMINATIONS.
(a) Report on Disability Medical Examinations Furnished by
Department of Veterans Affairs.--
(1) In general.--Not later than 180 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 furnishing of general medical
and specialty medical examinations by the Department of
Veterans Affairs for purposes of adjudicating claims for
benefits under laws administered by the Secretary.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The number of general medical examinations
furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating
claims for benefits under laws administered by the
Secretary.
(B) The number of general medical examinations
furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a
claim in which a comprehensive joint examination was
conducted, but for which no disability relating to a
joint, bone, or muscle had been asserted as an issue in
the claim.
(C) The number of specialty medical examinations
furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a
claim.
(D) The number of specialty medical examinations
furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a
claim in which one or more joint examinations were
conducted.
(E) A summary with citations to any medical and
scientific studies that provide a basis for determining
that three repetitions is adequate to determine the
effect of repetitive use on functional impairments.
(F) The names of all examination reports, including
general medical examinations and Disability Benefits
Questionnaires, used for evaluation of compensation and
pension disability claims which require measurement of
repeated ranges of motion testing and the number of
examinations requiring such measurements which were
conducted in fiscal year 2012.
(G) The average amount of time taken by an
individual conducting a medical examination to perform
the three repetitions of movement of each joint.
(H) A discussion of whether there are more
efficient and effective scientifically reliable methods
of testing for functional loss on repetitive use of an
extremity other than the three time repetition
currently used by the Department.
(I) Recommendations as to the continuation of the
practice of measuring functional impairment by using
three repetitions of movement of each joint during the
examination as a criteria for evaluating the effect of
repetitive motion on functional impairment with
supporting rationale.
(b) Report and Plan to Prevent the Ordering of Unnecessary Medical
Examinations.--
(1) In general.--Not later than 180 days 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 the efforts of the Secretary in reducing the necessity for
in-person disability examinations and other efforts to comply
with the provisions of section 5125 of title 38, United States
Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Criteria used by the Secretary to determine if
a claim is eligible for the Acceptable Clinical
Evidence initiative.
(B) The number of claims determined to be eligible
for the Acceptable Clinical Evidence initiative during
the period beginning on the date of the initiation of
the initiative and ending on the date of the enactment
of this Act, disaggregated--
(i) by fiscal year; and
(ii) by claims determined eligible based in
whole or in part on medical evidence provided
by a private health care provider.
(C) The total number of claims determined to be
eligible for the Acceptable Clinical Evidence
initiative that required an employee of the Department
to supplement the evidence with information obtained
during a telephone interview with a claimant or health
care provider.
(D) Information on any other initiatives or
efforts, including disability benefits questionnaires,
of the Department to further encourage the use of
medical evidence provided by a private health care
provider and reliance upon reports of a medical
examination administered by a private physician if the
report is sufficiently complete to be adequate for the
purposes of adjudicating a claim.
(E) A plan--
(i) to measure, track, and prevent the
ordering of unnecessary medical examinations
when the provision by a claimant of a medical
examination administered by a private physician
in support of a claim for benefits under
chapter 11 or 15 of title 38, United States
Code, is adequate for the purpose of making a
decision on that claim; and
(ii) that includes the actions the
Secretary will take to eliminate any request by
the Department for a medical examination in the
case of a claim for benefits under chapter 11
or 15 of such title in support of which a
claimant submits medical evidence or a medical
opinion provided by a private health care
provider that is competent, credible,
probative, and otherwise adequate for purposes
of making a decision on that claim.
Subtitle C--Board of Veterans' Appeals and Court of Appeals for
Veterans Claims
SEC. 521. TREATMENT OF CERTAIN MISFILED DOCUMENTS AS A NOTICE OF APPEAL
TO THE COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7266 is amended by adding at the end the following new
subsection:
``(e)(1) If a person adversely affected by a final decision of the
Board, who has not filed a notice of appeal with the United States
Court of Appeals for Veterans Claims under subsection (a), misfiles a
document with the Board or the agency of original jurisdiction referred
to in section 7105(b)(1) of this title that expresses disagreement with
such decision and a clear intent to seek review of such decision by the
United States Court of Appeals for Veterans Claims, not later than 120
days after the date of such decision, such document shall be treated as
timely filed under subsection (a).
``(2) The treatment of misfiled documents under paragraph (1) does
not limit equitable relief that may be otherwise available to a person
described in that paragraph.''.
SEC. 522. MODIFICATION OF FILING PERIOD FOR NOTICE OF DISAGREEMENT TO
INITIATE APPELLATE REVIEW OF DECISIONS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Filing of Notice of Disagreement by Claimants.--
(1) In general.--Paragraph (1) of section 7105(b) is
amended--
(A) by striking ``one year'' and inserting ``180
days'' in the first sentence; and
(B) by striking ``one-year'' and inserting ``180-
day'' in the third sentence.
(2) Electronic filing.--Such paragraph is further amended
by inserting ``or transmitted by electronic means'' after
``postmarked''.
(3) Good cause exception for untimely filing of notices of
disagreement.--Such section 7105(b) is amended by adding at the
end the following new paragraph:
``(3) A notice of disagreement not filed within the time prescribed
by paragraph (1) shall be treated by the Secretary as timely filed if--
``(A) the Secretary determines that the claimant, legal
guardian, or other accredited representative, attorney, or
authorized agent filing the notice had good cause for the lack
of filing within such time; and
``(B) the notice of disagreement is filed not later than
186 days after the expiration of the period prescribed by
paragraph (1).''.
(b) Application by Department for Review on Appeal.--Section 7106
is amended in the first sentence by striking ``one-year period
described in section 7105'' and inserting ``period described in section
7105(b)(1)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to claims for benefits under laws administered by
the Secretary of Veterans Affairs filed with the Secretary after the
date of the enactment of this Act.
SEC. 523. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS BEFORE
BOARD OF VETERANS' APPEALS.
(a) In General.--Section 7107 is amended--
(1) in subsection (a)(1), by striking ``in subsection (f)''
and inserting ``in subsection (g)'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by striking subsections (d) and (e) and inserting the
following new subsections:
``(d)(1) Except as provided in paragraph (2), a hearing before the
Board shall be conducted through picture and voice transmission, by
electronic or other means, in such a manner that the appellant is not
present in the same location as the members of the Board during the
hearing.
``(2)(A) A hearing before the Board shall be conducted in person
upon the request of an appellant.
``(B) In the absence of a request under subparagraph (A), a hearing
before the Board may also be conducted in person as the Board considers
appropriate.
``(e)(1) In a case in which a hearing before the Board is to be
held as described in subsection (d)(1), 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 as described in subsection (d)(1) shall
be conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing.
``(f)(1) In a case in which a hearing before the Board is to be
held as described in subsection (d)(2), the appellant may request that
the hearing 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.
``(2) A hearing to be held within an area served by a regional
office of the Department shall (except as provided in paragraph (3)) be
scheduled to be held in accordance with the place of the case on the
docket under subsection (a) relative to other cases on the docket for
which hearings are scheduled to be held within that area.
``(3) A hearing to be held within an area served by a regional
office of the Department may, for cause shown, be advanced on motion
for an earlier hearing. Any such motion shall set forth succinctly the
grounds upon which the motion is based. Such a motion may be granted
only--
``(A) if the case involves interpretation of law of general
application affecting other claims;
``(B) if the appellant is seriously ill or is under severe
financial hardship; or
``(C) for other sufficient cause shown.''.
(b) Effective Date.--The amendments 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.
TITLE VI--OUTREACH MATTERS
SEC. 601. PROGRAM TO INCREASE COORDINATION OF OUTREACH EFFORTS BETWEEN
THE DEPARTMENT OF VETERANS AFFAIRS AND FEDERAL, STATE,
AND LOCAL AGENCIES AND NONPROFIT ORGANIZATIONS.
(a) Program Required.--The Secretary of Veterans Affairs shall
carry out a program to assess the feasibility and advisability of using
State and local government agencies and nonprofit organizations--
(1) to increase awareness of veterans regarding benefits
and services for veterans; and
(2) to improve coordination of outreach activities
regarding such benefits and services between the Secretary and
Federal, State, and local government and nonprofit providers of
health care and benefit services for veterans.
(b) Duration.--The Secretary shall carry out the program for a two-
year period.
(c) Grants.--
(1) In general.--The Secretary shall carry out the program
through the competitive award of grants to State and local
government agencies and nonprofit organizations--
(A) to increase the awareness of veterans regarding
benefits and services for veterans; and
(B) to improve coordination of outreach activities
regarding such benefits and services between the
Secretary and Federal, State, and local government and
nonprofit providers of health care and benefit services
for veterans.
(2) Application.--
(A) In general.--A State or local government agency
or nonprofit organization seeking a grant under the
program shall submit to the Secretary an application
therefor in such form and in such manner as the
Secretary considers appropriate.
(B) Elements.--Each application submitted under
subparagraph (A) shall include the following:
(i) A description of the consultations, if
any, with the Department of Veterans Affairs in
the development of any proposal under the
application.
(ii) A description of the project for which
the applicant is seeking a grant under the
program, including a plan to coordinate under
the program, to the greatest extent possible,
the outreach activities of Federal, State, and
local government agencies that provide health
care, benefits, and services for veterans and
nonprofit organizations that provide such care,
benefits, and services to enhance the awareness
and availability of such care, benefits, and
services.
(iii) An agreement to report to the
Secretary standardized data and other
performance measures necessary for the
Secretary to evaluate the program and to
facilitate evaluation of projects for which
grants are awarded under the program.
(iv) Such other information as the
Secretary may require.
(3) Considerations.--
(A) In general.--In awarding grants under the
program to carry out projects, the Secretary shall
consider--
(i) where the projects will be carried out
and which populations are targeted; and
(ii) the likelihood that each potential
grantee will successfully carry out the grant
proposal.
(B) Considerations regarding location and target
population.--In taking the matters specified in
subparagraph (A)(ii) into consideration, the Secretary
shall consider in particular the advisability of
awarding grants for projects--
(i) carried out in areas with populations
that have a high proportion of veteran
representation;
(ii) carried out in a variety of geographic
areas, including urban, rural, and highly rural
areas; and
(iii) that target a variety of veteran
populations, including racial and ethnic
minorities, low-income populations, and older
populations.
(4) Use of funds.--The Secretary shall establish
appropriate uses of grant amounts received under the program.
(5) Oversight of use of funds.--The Secretary shall
establish appropriate mechanisms for oversight of the use of
grant amounts received under the program, including the
evidence grantees must submit to demonstrate use of grant
amounts and procedures for the recovery of grant amounts that
were improperly used.
(6) Limitation.--In a fiscal year, not more than 20 percent
of all grant amounts awarded in that fiscal year may be awarded
to a single State entity.
(d) State Matching Requirement.--The Secretary may not make a grant
to a State under subsection (c) unless that State agrees that, with
respect to the costs to be incurred by the State in carrying out the
program or projects for which the grant was awarded, the State will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to 50 percent of
Federal funds provided under the grant.
(e) Authorization of Appropriations.--There is hereby authorized to
be appropriated to carry out this section the following:
(1) $2,500,000 for fiscal year 2015.
(2) $2,500,000 for fiscal year 2016.
(f) Annual Report.--
(1) In general.--Not later than 120 days after the
completion of the first calendar year beginning after the date
of the commencement of the program, and not less frequently
than once every year thereafter for the duration of the
program, the Secretary shall submit to Congress a report
evaluating the program and the projects supported by grants
awarded under the program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings and conclusions of the Secretary
with respect to the program.
(B) An assessment of the benefit to veterans of the
program.
(C) The performance measures used by the Secretary
for purposes of the program and data showing the
performance of grantees under the program under such
measures.
(D) The recommendations of the Secretary as to the
feasibility and advisability of continuing or expanding
or modifying the program.
(g) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 602. COOPERATIVE AGREEMENTS BETWEEN SECRETARY OF VETERANS AFFAIRS
AND STATES ON OUTREACH ACTIVITIES.
(a) In General.--Chapter 63 is amended by inserting after section
6306 the following new section:
``Sec. 6306A. Cooperative agreements with States
``(a) In General.--The Secretary may enter into cooperative
agreements and arrangements with various State agencies and State
departments to carry out this chapter and to otherwise carry out,
coordinate, improve, or enhance outreach activities of the Department
and the States.
``(b) Report.--The Secretary shall include in each report submitted
under section 6308 of this title a description of the agreements and
arrangements entered into by the Secretary under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 is amended by inserting after the item relating to section
6306 the following new item:
``6306A. Cooperative agreements with States.''.
SEC. 603. ADVISORY COMMITTEE ON OUTREACH ACTIVITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish an advisory committee on outreach activities of the
Department of Veterans Affairs.
(b) Membership.--The advisory committee shall be composed of
individuals selected by the Secretary from among the following:
(1) To the maximum extent practicable, individuals who are
eminent in their respective fields of public relations.
(2) Representatives of organizations with offices that
focus on communications and distribute messages through major
media news outlets and social media.
(3) To the maximum extent practicable, individuals with
experience communicating financial results and business
strategy for purposes of shaping a confident brand image.
(4) To the maximum extent practicable, individuals with
experience with consumer and lifestyle imaging and creating
publicity for a particular product or service.
(5) To the maximum extent practicable, veterans who have
experience in press and public relations.
(c) Duties.--The advisory committee shall advise the Assistant
Secretary for Public and Intergovernmental Affairs--
(1) to ensure that the Department of Veterans Affairs is
strategically and effectively--
(A) engaging the public and Department stakeholders
to increase awareness nationally regarding all benefits
and services furnished by the Department;
(B) explaining new or changing policies of the
Department;
(C) improving the image and reputation of the
Department; and
(D) coordinating and collaborating with national
community-based organizations, nonprofits, and State
and local government agencies;
(2) to assist the Secretary in conducting such other press
or public relations activities relating to outreach activities
of the Department as the Secretary and the Assistant Secretary
for Public and Intergovernmental Affairs consider appropriate;
and
(3) to ensure coordination and collaboration on efforts
within the Department for the development, implementation, and
review of local outreach with respect to benefits that include
the following:
(A) Compensation and pension benefits.
(B) Insurance benefits.
(C) Burial and memorial benefits.
(D) Education benefits.
(E) Vocational rehabilitation and employment
benefits.
(F) Readjustment counseling benefits.
(G) Loan guarantee benefits.
(H) Such other benefits as the Secretary considers
appropriate.
(d) Location of Meetings.--Each meeting of the advisory committee
shall take place at a location that is property of the Department and
shall, to the maximum extent practicable, use teleconference
technology.
(e) Consultation.--The Secretary shall consult with and seek the
advice of the advisory committee not less frequently than quarterly on
matters relating to the duties of the advisory committee under
subsection (c).
(f) Reports.--
(1) In general.--Not less frequently than once every 90
days for the first year and semiannually thereafter, the
advisory committee shall submit to Congress and to the
Secretary a report on outreach activities of the Department.
(2) Recommendations.--Each report submitted under paragraph
(1) shall include such recommendations for legislative and
administrative action as the advisory committee considers
appropriate to improve the press and public relations of the
Department relating to outreach.
(g) Termination.--The advisory committee shall terminate on October
1, 2015, and the requirements and authorities under this section shall
terminate on such date.
(h) Outreach Defined.--In this section, the term ``outreach'' has
the meaning given the term in section 6301 of title 38, United States
Code.
SEC. 604. ADVISORY BOARDS ON OUTREACH ACTIVITIES OF DEPARTMENT OF
VETERANS AFFAIRS RELATING TO HEALTH CARE.
(a) Establishment.--
(1) In general.--For each entity described in paragraph
(2), the Secretary of Veterans Affairs shall, acting through
the director of that entity, establish not later than 180 days
after the effective date specified in subsection (h) an
advisory board at that entity on matters relating to outreach
activities of the Department of Veterans Affairs at that
entity.
(2) Entity described.--An entity described in this
paragraph is--
(A) a healthcare system of the Department; or
(B) a Veterans Integrated System Network, if such
Veterans Integrated System Network does not contain a
healthcare system.
(b) Membership.--
(1) In general.--Each advisory board established under
subsection (a)(1) shall be, to the maximum extent practicable,
composed of individuals selected by the Secretary from among
the following:
(A) Individuals who are eminent in their respective
fields of public relations.
(B) Representatives of organizations with offices
that focus on communications and distribute messages
through major media news outlets and social media.
(C) Individuals with experience communicating
financial results and business strategy for purposes of
shaping a confident brand image.
(D) Individuals with experience with consumer and
lifestyle imaging and creating publicity for a
particular product or service.
(E) Employees of the Department who are involved in
press and public relations strategy for an entity
described in subsection (a)(2).
(F) To the maximum extent practicable, veterans who
have experience in press and public relations.
(2) Voluntary participation.--The participation of an
individual selected under paragraph (1) shall be at the
election of the individual.
(c) Duties.--Each advisory board established under subsection
(a)(1) at an entity described in subsection (a)(2) shall advise the
Assistant Secretary for Public and Intergovernmental Affairs--
(1) to ensure that the Department of Veterans Affairs is
strategically and effectively--
(A) engaging the public and Department stakeholders
to increase awareness nationally regarding benefits and
services furnished by the Department;
(B) explaining new or changing policies of the
Department;
(C) improving the image and reputation of the
Department;
(D) coordinating and collaborating with national
community-based organizations, nonprofits, and State
and local government agencies; and
(E) coordinating and collaborating on efforts
within the Department for the development,
implementation, and review of local outreach with
respect to benefits that include--
(i) compensation and pension benefits;
(ii) insurance benefits;
(iii) burial and memorial benefits;
(iv) education benefits;
(v) vocational rehabilitation and
employment benefits;
(vi) readjustment counseling benefits;
(vii) loan guarantee benefits; and
(viii) such other benefits as the Secretary
considers appropriate; and
(2) to assist the director of that entity in conducting
such other press or public relations activities relating to
outreach activities of the Department as that advisory board
considers appropriate.
(d) Meeting Location.--
(1) In general.--If teleconference technology is not used,
meetings of each advisory board established under subsection
(a)(1) shall be held at a location that is property of the
Department.
(2) Teleconference technology.--Each advisory board shall
use, to the maximum extent practicable, teleconference
technology.
(e) Consultation.--Each director of an entity described in
subsection (a)(2) shall consult with and seek the advice of the
advisory board established at such entity not less frequently than once
every two months on matters relating to the duties of the advisory
board under subsection (c).
(f) Annual Reports.--Not less frequently than each year, each
advisory board established under subsection (a)(1) shall submit to the
Secretary a report with such information as may be beneficial to the
Secretary in preparing the reports required by section 6308 of title
38, United States Code.
(g) Termination.--Each advisory board established under subsection
(a)(1) and the authorities and requirements of this section shall
terminate three years after the effective date specified in subsection
(h).
(h) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 605. MODIFICATION OF REQUIREMENT FOR PERIODIC REPORTS TO CONGRESS
ON OUTREACH ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 6308 is amended--
(1) in subsection (a), by striking ``even-numbered''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``biennial'';
(B) in paragraph (2), by inserting ``for
legislative and administrative action'' after
``Recommendations''; and
(C) by adding at the end the following new
paragraph:
``(3) Recommendations that such administrative actions as
may be taken--
``(A) to maximize resources for outreach activities
of the Department; and
``(B) to focus outreach efforts on activities that
are proven to be more effective.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading for section 6308 is
amended by striking ``Biennial'' and inserting ``Annual''.
(2) Table of sections.--The table of sections at the
beginning of chapter 63 is amended by striking the item
relating to section 6308 and inserting the following new item:
``6308. Annual report to Congress.''.
TITLE VII--EMPLOYMENT AND RELATED MATTERS
Subtitle A--Employment Matters
SEC. 701. EMPLOYMENT OF VETERANS WITH THE FEDERAL GOVERNMENT.
(a) In General.--Section 4214 is amended--
(1) in subsection (b), by adding at the end the following:
``(4)(A) The requirement under this paragraph is in addition to the
appointment of qualified covered veterans under the authority under
paragraph (1) by the Department of Veterans Affairs and the Department
of Defense.
``(B) The head of each agency, in consultation with the Director of
the Office of Personnel Management, shall develop a plan for exercising
the authority specified in subparagraph (C) during the five-year period
beginning on the date of the enactment of the Veterans Health and
Benefits Improvement Act of 2013.
``(C) The authority specified in this subparagraph is the authority
as follows:
``(i) The authority under paragraph (1).
``(ii) The authority available to the agency concerned
under the Veterans Employment Opportunities Act of 1998 (Public
Law 105-339) and the amendments made by that Act.
``(D) The Director of the Office of Personnel Management shall
ensure that under the plans developed under subparagraph (B) agencies
shall appoint to existing vacancies not fewer than 15,000 qualified
covered veterans during the five-year period beginning on the date of
the enactment of the Veterans Health and Benefits Improvement Act of
2013. For purposes of complying with this subparagraph, an appointment
pursuant to the authority referred to in subparagraph (C)(ii) shall not
count toward the number required by this subparagraph unless the
appointment is to a vacancy in a full-time, permanent position.'';
(2) in subsection (d), in the third sentence, by inserting
``(including, during the 5-year period beginning on the date of
the enactment of the Veterans Health and Benefits Improvement
Act of 2013, the development and implementation by each agency
of the plan required under subsection (b)(4), which shall
include information regarding the grade or pay level of
appointments by the agency under the plan and whether the
appointments are, or are converted to, career or career-
conditional appointments)'' after ``subsection (b) of this
section''; and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter before subparagraph (A),
by striking ``to the Congress'' and inserting
``to the appropriate committees of Congress'';
and
(ii) in subparagraph (A), by inserting
``(including, during the 5-year period
beginning on the date of the enactment of the
Veterans Health and Benefits Improvement Act of
2013, the development and implementation by the
agency of the plan required under subsection
(b)(4), which shall include information
regarding the grade or pay level of
appointments by the agency under the plan and
whether the appointments are, or are converted
to, permanent appointments)'' before the
period; and
(B) by adding at the end the following new
paragraph:
``(3) In this subsection, the term `appropriate committees of
Congress' means--
``(A) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(B) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit to the appropriate committees of Congress (as defined under
section 4214(e)(3) of title 38, United States Code, as amended by
subsection (a)) regarding the development of a plan to carry out the
amendments made by subsection (a).
SEC. 702. STATE RECOGNITION OF MILITARY EXPERIENCE OF VETERANS IN
ISSUING LICENSES AND CREDENTIALS TO VETERANS.
(a) In General.--Section 4102A(c) is amended by striking paragraph
(9) and inserting the following new paragraph (9):
``(9)(A) As a condition of a grant or contract under which funds
are made available to a State under subsection (b)(5) in order to carry
out section 4103A or 4104 of this title, the State shall--
``(i) establish a program under which the State administers
an examination to each veteran seeking a license or credential
issued by the State and issues such license or credential to
such veteran without requiring such veteran to undergo any
training or apprenticeship if the veteran--
``(I) receives a satisfactory score on completion
of such examination, as determined by the State;
``(II) has been awarded a military occupational
specialty that is substantially equivalent to or
exceeds the requirements of the State for the issuance
of such license or credential;
``(III) has engaged in the active practice of the
occupation for which the veteran is seeking such
license or credential for at least two of the five
years preceding the date of application; and
``(IV) pays any customary or usual fees required by
the State for such license or credential; and
``(ii) submit each year to the Secretary a report on the
exams administered under clause (i) during the most recently
completed 12-month period that includes, for the period covered
by the report the number of veterans who completed an exam
administered by the State under clause (i) and a description of
the results of such exams, disaggregated by occupational field.
``(B) The Secretary may waive the requirement under subparagraph
(A) that a State establish a program described in that subparagraph as
a condition of a grant or contract if the State certifies to the
Secretary that the State--
``(i) takes into account previous military training for the
purposes of issuing licenses or credentials;
``(ii) permits veterans to completely satisfy through
examination any training or testing requirements for a license
or credential with respect to which a veteran has previously
completed military training; and
``(iii) for any credential or license for which a veteran
is unable to completely satisfy such requirements through
examination, the State substantially reduces training time
required to satisfy such requirement based on the military
training received by the veteran.
``(C) Not less frequently than once each year, the Secretary shall
submit to Congress and the Secretary of Defense a report summarizing
the information received by the Secretary under subparagraph
(A)(ii).''.
(b) Effective Date.--
(1) Exams.--Subparagraph (A) of section 4102A(c)(9) of
title 38, United States Code, as added by subsection (a), shall
take effect on the date that is one year after the date of the
enactment of this Act and shall apply with respect to grants
and contracts described in such subparagraph awarded after such
date.
(2) Reports.--Subparagraph (B) of such section 4102A(c)(9),
as so added, shall take effect on the date that is one year
after the date of the enactment of this Act and the Secretary
of Labor shall submit the first report under such subparagraph
not later than two years after the date of the enactment of
this Act.
SEC. 703. REPORT ON UNIFIED GOVERNMENT INTERNET PORTAL FOR VETERANS ON
JOBS AVAILABLE THROUGH THE FEDERAL GOVERNMENT.
(a) Identification of Internet Websites and Applications That Can
Assist Veterans Seeking Employment.--
(1) In general.--The Secretary of Labor shall, in
consultation with the Secretary of Veterans Affairs, the
Secretary of Defense, and other appropriate public and private
entities, take appropriate actions to identify Internet
websites and applications that can assist veterans in seeking
employment.
(2) Priority in identification of certain websites and
applications.--In identifying websites and applications
pursuant to paragraph (1), the Secretary shall place a
particular priority on identifying websites and applications
that do the following:
(A) Match veterans seeking employment with
available jobs based on the skills the veterans
acquired as members of the Armed Forces.
(B) Permit employers to post information about
available jobs.
(b) Report.--Not later than 180 days after the effective date
specified in subsection (c), the Secretary of Labor 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
actions of the Secretary under subsection (a). The report shall include
an assessment of the feasibility and advisability of creating a single,
unified Internet-based employment portal for the Federal Government for
use by veterans regarding employment through the Federal Government,
including the cost of creating the portal, the collaboration with other
Federal agencies required to create the portal, and the anticipated use
of the portal.
(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. 704. INFORMATION ON DISABILITY-RELATED EMPLOYMENT AND EDUCATION
PROTECTIONS IN TRANSITION ASSISTANCE PROGRAM.
(a) In General.--Section 1144(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(9) Provide information about disability-related
employment and education protections.''.
(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.
Subtitle B--Small Business Matters
SEC. 711. EXPANSION OF CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT
OF VETERANS AFFAIRS TO INCLUDE CONDITIONALLY OWNED SMALL
BUSINESS CONCERNS 100 PERCENT OWNED BY VETERANS.
Section 8127(l) is amended--
(1) in paragraph (2), by inserting ``unconditionally''
before ``owned by'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(3) The term `unconditionally owned' includes, with
respect to ownership of a small business concern, conditional
ownership of such small business concern if such business
concern is 100 percent owned by one or more veterans.''.
SEC. 712. 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) 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. 713. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS
FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS
CONTRACTING GOALS AND PREFERENCES.
(a) In General.--Section 8127 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 title 38,
United States Code, 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.
SEC. 714. SPECIAL RULE FOR TREATMENT UNDER CONTRACTING GOALS AND
PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS OF SMALL
BUSINESS CONCERNS LICENSED IN COMMUNITY PROPERTY STATES.
Section 8127, as amended by section 713 of this Act, is further
amended by adding at the end the following new subsection:
``(n) Special Rule for Community Property States.--Whenever the
Secretary assesses, for purposes of this section, the degree of
ownership by an individual of a small business concern licensed in a
community property State, the Secretary shall also assess what that
degree of ownership would be if such small business concern had been
licensed in a State other than a community property State. If the
Secretary determines that such individual would have had a greater
degree of ownership of the small business concern had such small
business concern been licensed in a State other than a community
property State, the Secretary shall treat, for purposes of this
section, such small business concern as if it had been licensed in a
State other than a community property State.''.
TITLE VIII--OTHER MATTERS
SEC. 801. CONSIDERATION BY SECRETARY OF VETERANS AFFAIRS OF RESOURCES
DISPOSED OF FOR LESS THAN FAIR MARKET VALUE BY
INDIVIDUALS APPLYING FOR PENSION.
(a) Veterans.--Section 1522 is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraph:
``(2)(A) If a veteran otherwise eligible for payment of pension
under section 1513 or 1521 of this title or the spouse of such veteran
disposes of covered resources for less than fair market value on or
after the look-back date described in subparagraph (C)(i), the
Secretary shall deny or discontinue the payment of pension to such
veteran under section 1513 or 1521 of this title, as the case may be,
for months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated as
provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource is any
resource that was a part of the corpus of the estate of the veteran or,
if the veteran has a spouse, the corpus of the estates of the veteran
and of the veteran's spouse, that the Secretary considers that under
all the circumstances, if the veteran or spouse had not disposed of
such resource, it would be reasonable that the resource (or some
portion of the resource) be consumed for the veteran's maintenance.
``(ii) For purposes of this paragraph, the Secretary may consider,
in accordance with regulations the Secretary shall prescribe, a
transfer of an asset (including a transfer of an asset to an annuity,
trust, or other financial instrument or investment) a disposal of a
covered resource for less than fair market value if such transfer
reduces the amount in the corpus of the estate of the veteran or, if
the veteran has a spouse, the corpus of the estates of the veteran and
of the veteran's spouse, that the Secretary considers, under all the
circumstances, would be reasonable to be consumed for the veteran's
maintenance.
``(C)(i) The look-back date described in this clause is a date that
is 36 months before the date described in clause (ii).
``(ii) The date described in this clause is the date on which the
veteran applies for pension under section 1513 or 1521 of this title
or, if later, the date on which the veteran (or the spouse of the
veteran) disposes of covered resources for less than fair market value.
``(D) The date described in this subparagraph is the first day of
the first month in or after which covered resources were disposed of
for less than fair market value and which does not occur in any other
period of ineligibility under this paragraph.
``(E) The number of months calculated under this subparagraph shall
be equal to--
``(i) the total, cumulative uncompensated value of the
portion of covered resources so disposed of by the veteran (or
the spouse of the veteran) on or after the look-back date
described in subparagraph (C)(i) that the Secretary determines
would reasonably have been consumed for the veteran's
maintenance; divided by
``(ii) the maximum amount of monthly pension that is
payable to a veteran under section 1513 or 1521 of this title,
including the maximum amount of increased pension payable under
such sections on account of family members, but not including
any amount of pension payable under such sections because a
veteran is in need of regular aid and attendance or is
permanently housebound,
rounded down, in the case of any fraction, to the nearest whole number,
but shall not in any case exceed 36 months.'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraph:
``(2)(A) If a veteran otherwise eligible for payment of increased
pension under subsection (c), (d), (e), or (f) of section 1521 of this
title on account of a child, the spouse of the veteran, or the child
disposes of covered resources for less than fair market value on or
after the look-back date described in subparagraph (C)(i), the
Secretary shall deny or discontinue payment of such increased pension
for months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated as
provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource is any
resource that was a part of the corpus of the estate of the child that
the Secretary considers that under all the circumstances, if the
veteran, the spouse of the veteran, or the child had not disposed of
such resource, it would be reasonable that the resource (or some
portion of the resource) be consumed for the child's maintenance.
``(ii) For purposes of this paragraph, the Secretary may consider,
in accordance with regulations the Secretary shall prescribe, a
transfer of an asset (including a transfer of an asset to an annuity,
trust, or other financial instrument or investment) a disposal of a
covered resource for less than fair market value if such transfer
reduces the amount in the corpus of the estate of the child that the
Secretary considers, under all the circumstances, would be reasonable
to be consumed for the child's maintenance.
``(C)(i) The look-back date described in this clause is a date that
is 36 months before the date described in clause (ii).
``(ii) The date described in this clause is the date on which the
veteran applies for payment of increased pension under subsection (c),
(d), (e), or (f) of section 1521 of this title on account of a child
or, if later, the date on which the veteran, the spouse of the veteran,
or the child disposes of covered resources for less than fair market
value.
``(D) The date described in this subparagraph is the first day of
the first month in or after which covered resources were disposed of
for less than fair market value and which does not occur in any other
period of ineligibility under this paragraph.
``(E) The number of months calculated under this subparagraph shall
be equal to--
``(i) the total, cumulative uncompensated value of the
portion of the covered resources so disposed of by the veteran,
the spouse of the veteran, or the child on or after the look-
back date described in subparagraph (C)(i) that the Secretary
determines would reasonably have been consumed for the child's
maintenance; divided by
``(ii) the maximum amount of increased monthly pension that
is payable to a veteran under subsection (c), (d), (e), or (f)
of section 1521 of this title on account of a child,
rounded down, in the case of any fraction, to the nearest whole number,
but shall not in any case exceed 36 months.''; and
(3) by adding at the end the following new subsection:
``(c)(1)(A) The Secretary shall not deny or discontinue payment of
pension under section 1513 or 1521 of this title or payment of
increased pension under subsection (c), (d), (e), or (f) of section
1521 of this title on account of a child by reason of the application
of subsection (a)(2) or (b)(2) of this section to the disposal of
resources by an individual--
``(i) if--
``(I) a satisfactory showing is made to the
Secretary (in accordance with regulations promulgated
by the Secretary) that all resources disposed of for
less than fair market value have been returned to the
individual who disposed of the resources; or
``(II) the Secretary determines, under procedures
established by the Secretary in accordance with
subparagraph (B), that the denial or discontinuance of
payment would work an undue hardship; or
``(ii) to the extent that any portion of the resources
disposed of for less than fair market value have been returned
to the individual who disposed of the resources.
``(B) Undue hardship would be worked by the denial or
discontinuance of payment for purposes of subparagraph (A)(i)(II) if
the denial or discontinuance of payment would deprive the individual
during the period of denial or discontinuance--
``(i) of medical care such that the individual's life or
health would be endangered;
``(ii) of necessary food or clothing, or other necessities
of life; or
``(iii) on such other basis as the Secretary shall specify
in the procedures required by subparagraph (A)(i)(II).
``(C) If payment of pension or increased pension that would
otherwise be denied or discontinued by reason of the application of
subsection (a)(2) or (b)(2) is denied or discontinued only in part by
reason of the return of resources as described in subparagraph (A)(ii),
the period of the denial or discontinuance as determined pursuant to
subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall
be recalculated to take into account such return of resources.
``(2) At the time a veteran applies for pension under section 1513
or 1521 of this title or increased pension under subsection (c), (d),
(e), or (f) of section 1521 of this title on account of a child, and at
such other times as the Secretary considers appropriate, the Secretary
shall--
``(A) inform such veteran of the provisions of subsections
(a)(2) and (b)(2) providing for a period of ineligibility for
payment of pension under such sections for individuals who make
certain dispositions of resources for less than fair market
value, including the exception for hardship from such period of
ineligibility;
``(B) obtain from such veteran information which may be
used in determining whether or not a period of ineligibility
for such payments would be required by reason of such
subsections; and
``(C) provide such veteran a timely process for determining
whether or not the exception for hardship shall apply to such
veteran.''.
(b) Surviving Spouses and Children.--Section 1543 is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2)(A) If a surviving spouse otherwise eligible for payment of
pension under section 1541 of this title disposes of covered resources
for less than fair market value on or after the look-back date
described in subparagraph (C)(i), the Secretary shall deny or
discontinue the payment of pension to such surviving spouse under
section 1541 of this title for months during the period beginning on
the date described in subparagraph (D) and equal to the number of
months calculated as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource is any
resource that was a part of the corpus of the estate of the surviving
spouse that the Secretary considers that under all the circumstances,
if the surviving spouse had not disposed of such resource, it would be
reasonable that the resource (or some portion of the resource) be
consumed for the surviving spouse's maintenance.
``(ii) For purposes of this paragraph, the Secretary may consider,
in accordance with regulations the Secretary shall prescribe, a
transfer of an asset (including a transfer of an asset to an annuity,
trust, or other financial instrument or investment) a disposal of a
covered resource for less than fair market value if such transfer
reduces the amount in the corpus of the estate of the surviving spouse
that the Secretary considers, under all the circumstances, would be
reasonable to be consumed for the surviving spouse's maintenance.
``(C)(i) The look-back date described in this clause is a date that
is 36 months before the date described in clause (ii).
``(ii) The date described in this clause is the date on which the
surviving spouse applies for pension under section 1541 of this title
or, if later, the date on which the surviving spouse disposes of
covered resources for less than fair market value.
``(D) The date described in this subparagraph is the first day of
the first month in or after which covered resources were disposed of
for less than fair market value and which does not occur in any other
period of ineligibility under this paragraph.
``(E) The number of months calculated under this subparagraph shall
be equal to--
``(i) the total, cumulative uncompensated value of the
portion of the covered resources so disposed of by the
surviving spouse on or after the look-back date described in
subparagraph (C)(i) that the Secretary determines would
reasonably have been consumed for the surviving spouse's
maintenance; divided by
``(ii) the maximum amount of monthly pension that is
payable to a surviving spouse under section 1541 of this title,
including the maximum amount of increased pension payable under
such section on account of a child, but not including any
amount of pension payable under such section because a
surviving spouse is in need of regular aid and attendance or is
permanently housebound,
rounded down, in the case of any fraction, to the nearest whole number,
but shall not in any case exceed 36 months.'';
(C) by adding at the end the following new
paragraph:
``(4)(A) If a surviving spouse otherwise eligible for payment of
increased pension under subsection (c), (d), or (e) of section 1541 of
this title on account of a child or the child disposes of covered
resources for less than fair market value on or after the look-back
date described in subparagraph (C)(i), the Secretary shall deny or
discontinue payment of such increased pension for months during the
period beginning on the date described in subparagraph (D) and equal to
the number of months calculated as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource is any
resource that was a part of the corpus of the estate of the child that
the Secretary considers that under all the circumstances, if the
surviving spouse or the child had not disposed of such resource, it
would be reasonable that the resource (or some portion of the resource)
be consumed for the child's maintenance.
``(ii) For purposes of this paragraph, the Secretary may consider,
in accordance with regulations the Secretary shall prescribe, a
transfer of an asset (including a transfer of an asset to an annuity,
trust, or other financial instrument or investment) a disposal of a
covered resource for less than fair market value if such transfer
reduces the amount in the corpus of the estate of the child that the
Secretary considers, under all the circumstances, would be reasonable
to be consumed for the child's maintenance.
``(C)(i) The look-back date described in this clause is a date that
is 36 months before the date described in clause (ii).
``(ii) The date described in this clause is the date on which the
surviving spouse applies for payment of increased pension under
subsection (c), (d), or (e) of section 1541 of this title on account of
a child or, if later, the date on which the surviving spouse (or the
child) disposes of covered resources for less than fair market value.
``(D) The date described in this subparagraph is the first day of
the first month in or after which covered resources were disposed of
for less than fair market value and which does not occur in any other
period of ineligibility under this paragraph.
``(E) The number of months calculated under this clause shall be
equal to--
``(i) the total, cumulative uncompensated value of the
portion of the covered resources so disposed of by the
surviving spouse (or the child) on or after the look-back date
described in subparagraph (C)(i) that the Secretary determines
would reasonably have been consumed for the child's
maintenance; divided by
``(ii) the maximum amount of increased monthly pension that
is payable to a surviving spouse under subsection (c), (d), or
(e) of section 1541 of this title on account of a child,
rounded down, in the case of any fraction, to the nearest whole number,
but shall not in any case exceed 36 months.'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraph:
``(2)(A) If a child otherwise eligible for payment of pension under
section 1542 of this title or any person with whom such child is
residing who is legally responsible for such child's support disposes
of covered resources for less than fair market value on or after the
look-back date described in subparagraph (C)(i), the Secretary shall
deny or discontinue the payment of pension to such child under section
1542 of this title for months during the period beginning on the date
described in subparagraph (D) and equal to the number of months
calculated as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource is any
resource that was a part of the corpus of the estate of the child or
the corpus of the estate of any person with whom such child is residing
who is legally responsible for such child's support that the Secretary
considers that under all the circumstances, if the child or person had
not disposed of such resource, it would be reasonable that the resource
(or some portion of the resource) be consumed for the child's
maintenance.
``(ii) For purposes of this paragraph, the Secretary may consider,
in accordance with regulations the Secretary shall prescribe, a
transfer of an asset (including a transfer of an asset to an annuity,
trust, or other financial instrument or investment) a disposal of a
covered resource for less than fair market value if such transfer
reduces the amount in the corpus of the estate described in clause (i)
that the Secretary considers, under all the circumstances, would be
reasonable to be consumed for the child's maintenance.
``(C)(i) The look-back date described in this clause is a date that
is 36 months before the date described in clause (ii).
``(ii) The date described in this clause is the date on which the
child applies for pension under section 1542 of this title or, if
later, the date on which the child (or person described in subparagraph
(B)) disposes of covered resources for less than fair market value.
``(D) The date described in this clause is the first day of the
first month in or after which covered resources were disposed of for
less than fair market value and which does not occur in any other
period of ineligibility under this paragraph.
``(E) The number of months calculated under this clause shall be
equal to--
``(i) the total, cumulative uncompensated value of the
portion of the covered resources so disposed of by the child
(or person described in subparagraph (B)) on or after the look-
back date described in subparagraph (C)(i) that the Secretary
determines would reasonably have been consumed for the child's
maintenance; divided by
``(ii) the maximum amount of monthly pension that is
payable to a child under section 1542 of this title,
rounded down, in the case of any fraction, to the nearest whole number,
but shall not in any case exceed 36 months.''; and
(3) by adding at the end the following new subsection:
``(c)(1)(A) The Secretary shall not deny or discontinue payment of
pension under section 1541 or 1542 of this title or payment of
increased pension under subsection (c), (d), or (e) of section 1541 of
this title on account of a child by reason of the application of
subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of
resources by an individual--
``(i) if--
``(I) a satisfactory showing is made to the
Secretary (in accordance with regulations promulgated
by the Secretary) that all resources disposed of for
less than fair market value have been returned to the
individual who disposed of the resources; or
``(II) the Secretary determines, under procedures
established by the Secretary in accordance with
subparagraph (B), that the denial or discontinuance of
payment would work an undue hardship; or
``(ii) to the extent that any portion of the resources
disposed of for less than fair market value have been returned
to the individual who disposed of the resources.
``(B) Undue hardship would be worked by the denial or
discontinuance of payment for purposes of subparagraph (A)(i)(II) if
the denial or discontinuance of payment would deprive the individual
during the period of denial or discontinuance--
``(i) of medical care such that the individual's life or
health would be endangered;
``(ii) of necessary food or clothing, or other necessities
of life; or
``(iii) on such other basis as the Secretary shall specify
in the procedures required by subparagraph (A)(i)(II).
``(C) If payment of pension or increased pension that would
otherwise be denied or discontinued by reason of the application of
subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in
part by reason of the return of resources as described in subparagraph
(A)(ii), the period of the denial or discontinuance as determined
pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2),
as applicable, shall be recalculated to take into account such return
of resources.
``(2) At the time a surviving spouse or child applies for pension
under section 1541 or 1542 of this title or increased pension under
subsection (c), (d), or (e) of section 1541 of this title on account of
a child, and at such other times as the Secretary considers
appropriate, the Secretary shall--
``(A) inform such surviving spouse or child of the
provisions of subsections (a)(2), (a)(4), and (b)(2), as
applicable, providing for a period of ineligibility for payment
of pension or increased pension under such sections for
individuals who make certain dispositions of resources for less
than fair market value, including the exception for hardship
from such period of ineligibility;
``(B) obtain from such surviving spouse or child
information which may be used in determining whether or not a
period of ineligibility for such payments would be required by
reason of such subsections; and
``(C) provide such surviving spouse or child a timely
process for determining whether or not the exception for
hardship shall apply to such surviving spouse or child.''.
(c) Effective Date.--Subsections (a)(2), (b)(2), and (c) of section
1522 of title 38, United States Code, as added by subsection (a), and
subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such
title, as added by subsection (b), shall take effect on the date that
is one year after the date of the enactment of this Act and shall apply
with respect to payments of pension and increased pension applied for
after such date and to payments of pension and increased pension for
which eligibility is redetermined after such date, except that no
reduction in pension shall be made under such subsections because of
any disposal of covered resources made before such date.
(d) Annual Reports.--
(1) In general.--Not later than 30 months after the date of
the enactment of this Act and not less frequently than once
each year thereafter through 2018, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress
a report on the administration of subsections (a)(2), (b)(2),
and (c) of section 1522 of title 38, United States Code, as
added by subsection (a), and subsections (a)(2), (a)(4),
(b)(2), and (c) of section 1543 of such title, as added by
subsection (b), during the most recent 12-month period.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following, for the period covered by the
report:
(A) The number of individuals who applied for
pension under chapter 15 of such title.
(B) The number of individuals who received pension
under such chapter.
(C) The number of individuals with respect to whom
the Secretary denied or discontinued payment of pension
under the subsections referred to in paragraph (1).
(D) A description of any trends identified by the
Secretary regarding pension payments that have occurred
as a result of the amendments made by this section.
(E) Such other information as the Secretary
considers appropriate.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Veterans' Affairs and the
Select Committee on Aging of the Senate; and
(B) the Committee on Veterans' Affairs of the House
of Representatives.
SEC. 802. OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL
EVENTS.
(a) Reauthorization and Use of Certain Funds.--Subsection (d)(4) of
section 322 is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking ``2013'' and inserting ``2018''; and
(3) by adding at the end the following new subparagraph:
``(B) Any amounts appropriated or otherwise made available to carry
out this subsection that the Secretary determines are unnecessary to
carry out this subsection may be used by the Secretary to carry out
this section.''.
(b) Cooperation With Organization.--Subsection (b)(4) of such
section is amended by striking ``shall, to the extent feasible,'' and
inserting ``may''.
(c) Substitution of USOC in Responsibility for United States
Paralympics, Inc.--Such section is further amended--
(1) in subsection (b)(4)--
(A) by striking ``United States Paralympics,
Inc.,'' each place it appears and inserting ``United
States Olympic Committee''; and
(B) by striking ``sporting'' and inserting
``paralympic''; and
(2) in subsection (d)(1), by striking ``United States
Paralympics, Inc.,'' each place it appears and inserting
``United States Olympic Committee''.
SEC. 803. ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND MEMBERS OF
THE ARMED FORCES THROUGH UNITED STATES OLYMPIC COMMITTEE.
(a) Authorization of Program.--Subsection (a) of section 521A is
amended to read as follows:
``(a) Adaptive Sports Program.--(1) The Secretary may plan,
develop, manage, and implement an integrated adaptive sports program
for disabled veterans and disabled members of the Armed Forces.
``(2) The Secretary may award grants to the United States Olympic
Committee to carry out paragraph (1).''.
(b) Additional Application Requirements.--Subsection (c)(2) of such
section is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) a statement that includes a detailed description of--
``(i) the anticipated personnel, travel, and
administrative costs that will be paid for by the
United States Olympic Committee with funds provided
under this section;
``(ii) the financial controls implemented by the
United States Olympic Committee, including methods to
track expenditures of funds provided under this
section;
``(iii) the performance metrics to be used by the
United States Olympic Committee to evaluate the
effectiveness of the activities to be carried out with
the funds provided under this section; and
``(iv) the anticipated personnel, travel, and
administrative costs that will be paid for by
subgrantees with funds provided under this section.''.
(c) Funding.--Subsection (g) of such section is amended by striking
``2013'' and inserting ``2015''.
(d) Exception to Prohibition on Commingling of Funds.--Subsection
(h) of such section is amended by inserting before the period at the
end the following: ``, except that funds appropriated to carry out this
section may be used by the Department to carry out subsections (a),
(b), and (c) of section 322 of this title''.
(e) Substitution of USOC in Responsibility for United States
Paralympics, Inc.--Such section is further amended--
(1) by striking ``United States Paralympics, Inc.,'' each
place it appears (other than in subsection (d)) and inserting
``United States Olympic Committee''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``United States
Paralympics, Inc., with the assistance'' and
inserting ``United States Olympic Committee,
with the assistance''; and
(ii) by striking ``United States
Paralympics, Inc., has entered'' and inserting
``United States Olympic Committee has
entered'';
(B) in paragraph (4), by striking ``United States
Paralympics, Inc.'' and inserting ``United States
Olympic Committee''; and
(C) in paragraph (5), by striking ``United States
Paralympics, Inc.,'' and inserting ``United States
Olympic Committee''.
(f) Comptroller General Report.--Such section is further amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Comptroller General Report.--(1) Not later than two years
after the date of the enactment of the Veterans Health and Benefits
Improvement Act of 2013, the Comptroller General of the United States
shall submit to Congress a report on the use of grants, if any, awarded
to the United States Olympic Committee, under this section during the
two-year period preceding the report.
``(2) The report required under paragraph (1) shall contain the
following:
``(A) An assessment of how the Department, the United
States Olympic Committee, and subgrantees of the United States
Olympic Committee, have provided adaptive sports opportunities
to veterans and members of the Armed Forces through grants
awarded under this section.
``(B) An assessment of how the Department oversees the use
of funds provided under this section by the United States
Olympic Committee and subgrantees of the United States Olympic
Committee.
``(C) A description of the benefit provided to veterans and
members of the Armed Forces through programs and activities
developed through grants awarded under this section.''.
(g) Extension of Sunset.--Subsection (m) of such section, as
redesignated by subsection (f) of this section, is amended by striking
``2013'' and inserting ``2015''.
(h) Conforming and Clerical Amendments.--
(1) Section heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 521A. Adaptive sports programs for disabled veterans and members
of the Armed Forces through the United States Olympic
Committee''.
(2) Table of sections.--The table of sections at the
beginning of chapter 5 is amended by striking the item relating
to section 521A and inserting the following new item:
``521A. Adaptive sports programs for disabled veterans and members of
the Armed Forces through the United States
Olympic Committee''.
SEC. 804. MAKING EFFECTIVE DATE PROVISION CONSISTENT WITH PROVISION FOR
BENEFITS ELIGIBILITY OF A VETERAN'S CHILD BASED UPON
TERMINATION OF REMARRIAGE BY ANNULMENT.
Section 5110(l) is amended by striking ``, or of an award or
increase of benefits based on recognition of a child upon termination
of the child's marriage by death or divorce,''.
SEC. 805. EXTENDED PERIOD FOR SCHEDULING OF MEDICAL EXAMS FOR VETERANS
RECEIVING TEMPORARY DISABILITY RATINGS FOR SEVERE MENTAL
DISORDERS.
Section 1156(a)(3) is amended by striking ``six months'' and
inserting ``18 months''.
SEC. 806. AUTHORITY TO ISSUE VETERANS ID CARDS.
(a) Authority.--
(1) In general.--The Secretary of Veterans Affairs may
issue a card to a veteran that identifies the veteran as a
veteran and includes a photo of the veteran and the name of the
veteran.
(2) No requirement for enrollment or receipt of benefits.--
The Secretary may issue a card under paragraph (1) to a
veteran, whether or not such veteran is--
(A) enrolled in the system of annual patient
enrollment established under section 1705(a) of title
38, United States Code; or
(B) in receipt of educational assistance,
compensation, or pension under laws administered by the
Secretary.
(3) Designation.--A card issued under paragraph (1) may be
known as a ``Veterans ID Card''.
(b) Recognition of Veterans ID Cards for Reduced Pricing of
Pharmaceuticals, Consumer Products, and Services.--The Secretary may
work with national retail chains that offer reduced prices on
pharmaceuticals, consumer products, and services to veterans to ensure
that such retail chains recognize cards issued under subsection (a)(1)
for purposes of offering reduced prices on pharmaceuticals, consumer
products, and services.
(c) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given the 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.
SEC. 807. 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. 808. EXTENSION OF AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
ISSUE AND GUARANTEE CERTAIN LOANS.
Section 3729(b)(2) is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``October 1,
2017'' and inserting ``May 1, 2018''; and
(B) in clause (iv), by striking ``October 1, 2017''
and inserting ``May 1, 2018'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``October 1, 2017''
and inserting ``May 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017''
and inserting ``May 1, 2018'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``October 1, 2017''
and inserting ``May 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017''
and inserting ``May 1, 2018''; and
(4) in subparagraph (D)--
(A) in clause (i), by striking ``October 1, 2017''
and inserting ``May 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017''
and inserting ``May 1, 2018''.
SEC. 809. 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. 810. 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) any recommendations 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. 811. REPORT ON ASSISTANCE FOR VETERANS IN OBTAINING TRAINING ON
PURCHASING AND OPERATING A FRANCHISE.
(a) Report Required.--Not later than one year after the effective
date specified in subsection (c), the Secretary of Labor shall, in
consultation with the Secretary of Veterans Affairs, the Administrator
of the Small Business Administration, and other appropriate entities,
submit to Congress a report on the assistance available to veterans to
obtain training necessary to purchase and operate a franchise.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the assistance available for veterans
through the Department of Labor, the Department of Veterans
Affairs, the Small Business Administration, or any other agency
of the Federal Government in order to obtain training necessary
to purchase or operate a franchise.
(2) Information on the number of veterans who have sought
and obtained the training described in paragraph (1) during the
five calendar years preceding the report.
(3) A description of any barriers encountered by veterans
in obtaining the training described in paragraph (1).
(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. 812. LIMITATION ON AGGREGATE AMOUNT OF BONUSES PAYABLE TO
PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS DURING
FISCAL YEAR 2014.
The aggregate amount of bonuses and awards payable to personnel of
the Department of Veterans Affairs under chapter 45 or 53 of title 5,
United States Code, or any other provision of such title, during fiscal
year 2014 may not exceed $368,000,000.
Amend the title so as to read: ``A bill to improve the
provision of medical services and benefits to veterans, and for
other purposes.''.
Calendar No. 258
113th CONGRESS
1st Session
S. 944
[Report No. 113-123]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require courses of education
provided by public institutions of higher education that are approved
for purposes of the All-Volunteer Force Educational Assistance Program
and Post-9/11 Educational Assistance to charge veterans tuition and
fees at the in-State tuition rate, and for other purposes.
_______________________________________________________________________
December 9, 2013
Reported with an amendment and an amendment to the title