[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3016 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 3016
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2016
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
health care, educational assistance, and vocational rehabilitation, to
establish the Veterans Economic Opportunity and Transition
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Employment, Education, and Healthcare Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VETERANS HEALTH CARE
Sec. 101. Role of podiatrists in Department of Veterans Affairs.
Sec. 102. Priority of medal of honor recipients in health care system
of Department of Veterans Affairs.
Sec. 103. Improvement of care provided to newborn children.
Sec. 104. Comptroller General audit of budget of Veterans Health
Administration.
Sec. 105. Outreach to veterans regarding effect of certain delayed
payments by Department of Veterans Affairs
Chief Business Office.
Sec. 106. Department of Veterans Affairs pilot program on dog training
therapy.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
Sec. 201. Establishment of Veterans Economic Opportunity and Transition
Administration.
Sec. 202. Under Secretary for Veterans Economic Opportunity and
Transition.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
Sec. 301. Modification and improvement of transfer of unused education
benefits to family members under Department
of Veterans Affairs Post-9/11 Educational
Assistance Program.
Sec. 302. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 303. Approval of courses of education and training for purposes of
the vocational rehabilitation program of
the Department of Veterans Affairs.
Sec. 304. Authority to prioritize vocational rehabilitation services
based on need.
Sec. 305. Recodification and improvement of election process for Post-
9/11 Educational Assistance Program.
Sec. 306. Clarification of assistance provided for certain flight
training and other programs of education.
Sec. 307. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty
for purposes of eligibility for post-9/11
educational assistance.
Sec. 308. Work-study allowance.
Sec. 309. Vocational rehabilitation and education action plan.
Sec. 310. Reduction in redundancy and inefficiencies in vocational
rehabilitation claims processing.
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
Sec. 401. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of
educational institutions.
Sec. 402. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 403. Role of State approving agencies.
Sec. 404. Criteria used to approve courses.
Sec. 405. Compliance surveys.
Sec. 406. Survey of individuals using their entitlement to educational
assistance under the educational assistance
programs administered by the Secretary of
Veterans Affairs.
Sec. 407. Improvement of information technology of the Veterans
Benefits Administration of the Department
of Veterans Affairs.
Sec. 408. Technical amendment relating to in-State tuition rate for
individuals to whom entitlement is
transferred under All-Volunteer Force
Educational Assistance Program and Post-9/
11 Educational Assistance.
TITLE V--OTHER MATTERS
Sec. 501. Amount of loan guaranteed under home loan program of
Department of Veterans Affairs.
Sec. 502. Longitudinal study of job counseling, training, and placement
service for veterans.
Sec. 503. Limitations on subcontracts under contracts with small
business concerns owned and controlled by
veterans.
Sec. 504. Procedures for provision of certain information to State
veterans agencies to facilitate the
furnishing of assistance and benefits to
veterans.
TITLE I--VETERANS HEALTH CARE
SEC. 101. ROLE OF PODIATRISTS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) Inclusion as Physician.--
(1) In general.--Subchapter I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7413. Treatment of podiatrists
``For purposes of this chapter, the term `physician' includes a
podiatrist.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7412 the following new item:
``7413. Treatment of podiatrists.''.
(3) Conforming amendment.--Section 7401(1) of such title is
amended by striking ``Physicians, dentists, podiatrists,'' and
inserting ``Physicians, dentists,''.
(b) Qualifications.--Section 7402(b) of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or of doctor
of osteopathy'' and inserting ``, doctor of osteopathy,
or doctor of podiatric medicine''; and
(B) in subparagraph (C), by inserting ``podiatry,''
after ``surgery,'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) through (14) as
paragraphs (5) through (13), respectively.
(c) Period of Appointment.--Section 7403(a)(2) of such title is
amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively.
(d) Modification of Pay Grade.--
(1) Grade.--The list in section 7404(b) of such title is
amended by striking ``CLINICAL PODIATRIST, CHIROPRACTOR, AND
OPTOMETRIST SCHEDULE'' and inserting ``CLINICAL CHIROPRACTOR
AND OPTOMETRIST SCHEDULE''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to a pay period of the Department of
Veterans Affairs beginning on or after the date that is 30 days
after the date of the enactment of this Act.
(e) Contracts for Scarce Services.--Section 7409(a) of such title
is amended by striking ``podiatrists,''.
(f) Personnel Administration.--Section 7421(b) of such title is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(g) Medical Directors.--Section 7306(a)(4) of such title is amended
by inserting ``, doctor of podiatric medicine,'' after ``doctor of
medicine''.
(h) Application.--The amendments made by this section shall apply
with respect to podiatrists employed by the Department of Veterans
Affairs as of the date of the enactment of this Act or who are
appointed on or after such date.
SEC. 102. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH CARE SYSTEM
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Enrollment Priority.--Section 1705(a) of title 38, United
States Code, is amended--
(1) in paragraph (1), by striking the period at the end and
inserting the following: ``and veterans who were awarded the
medal of honor under section 3741, 6241, or 8741 of title 10 or
section 491 of title 14.''; and
(2) in paragraph (3), by striking ``veterans who were
awarded the medal of honor under section 3741, 6241, or 8741 of
title 10 or section 491 of title 14,''.
(b) Eligibility.--Section 1710(a)(2)(D) of such title is amended by
inserting after ``war'' the following: ``, who was awarded the medal of
honor under section 3741, 6241, or 8741 of title 10 or section 491 of
title 14,''.
(c) Extended Care Services.--Section 1710B(c)(2) of such title is
amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
(d) Copayment for Medications.--Section 1722A(a)(3) of such title
is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
(e) Application.--The priority of enrollment of medal of honor
recipients pursuant to chapter 17 of title 38, United States Code, as
amended by this section, shall apply to each such recipient, regardless
of the date on which the medal is awarded.
SEC. 103. IMPROVEMENT OF CARE PROVIDED TO NEWBORN CHILDREN.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``seven days'' and
inserting ``42 days''; and
(2) by adding at the end the following new subsection:
``(c) Annual Report.--Not later than October 31, 2016, and each
year thereafter through 2020, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the health care services provided under subsection
(a) during the fiscal year preceding the date of the report, including
the number of newborn children who received such services during such
fiscal year.''.
SEC. 104. COMPTROLLER GENERAL AUDIT OF BUDGET OF VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Comptroller General audit of VHA budget
``(a) In General.--The Comptroller General of the United States
shall periodically conduct an audit of elements of the budget of the
Veterans Health Administration, including the budget formulation,
execution, allocation, and use of funds.
``(b) Selection of Elements.--(1) In selecting elements of the
budget of the Veterans Health Administration for purposes of an audit
under subsection (a), the Comptroller General shall take into
consideration--
``(A) knowledge of the programs of the Veterans Health
Administration;
``(B) current issues;
``(C) national priorities; and
``(D) priorities expressed by the appropriate congressional
committees.
``(2) Not later than 30 days before conducting an audit under
subsection (a), the Comptroller General shall submit to the appropriate
congressional committees notice of the elements selected by the
Comptroller General for purposes of the audit.
``(c) Appropriate Congressional Committees.--In this section, the
term `appropriate congressional committees' means--
``(1) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the Senate;
and
``(2) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7330A the following new item:
``7330B. Comptroller General audit of VHA budget.''.
SEC. 105. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN DELAYED
PAYMENTS BY DEPARTMENT OF VETERANS AFFAIRS CHIEF BUSINESS
OFFICE.
(a) Outreach.--The Secretary of Veterans Affairs shall conduct
outreach, including through national and local veterans service
organizations, to inform veterans of how to resolve credit issues
caused by delayed payment of a claim for emergency hospital care,
medical services, or other emergency health care furnished through a
non-Department of Veterans Affairs provider. The Secretary shall
establish a toll-free telephone number for veterans to report such
credit issues to the Chief Business Office of the Department of
Veterans Affairs.
(b) Annual Report.--
(1) In general.--During the five-year period beginning on
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall annually submit to Congress a report on
the effectiveness of the Chief Business Office in providing
timely payment of proper invoices for emergency hospital care,
medical services, or other emergency health care furnished
through non-Department of Veterans Affairs providers by the
required payment date during both the five-year period
preceding the date of the report and the one-year period
preceding such date. For any part of the period covered by a
report under this subsection that occurred before October 1,
2014, the report shall evaluate the provision of such payments
by the Veterans Integrated Service Networks.
(2) Matters included.--The reports under paragraph (1)
shall include, for each period covered by the report, the
following:
(A) The number of veterans who contacted the
Secretary regarding a delayed payment that negatively
affected, or will potentially negatively affect, the
credit of the veteran.
(B) The total amount of interest penalties paid by
the Secretary of Veterans Affairs under section 3902 of
title 31, United States Code, by reason of a delayed
payment.
(C) The number of proper invoices submitted, listed
in a table for each quarter and fiscal year of each
such period that includes--
(i) the total amount owed by the Secretary
under the proper invoices;
(ii) the payment status of each proper
invoice, as of the date of the report; and
(iii) the period that elapsed until each
proper invoice was paid, including an
explanation of any delayed payment.
(D) Any comments regarding delayed payments made by
medical providers.
(E) A description of the best practices that the
Chief Business Office can carry out to provide timely
payment of a proper invoice, including a plan to
improve such timely payments.
(c) Quarterly Reports on Pending Claims.--During the five-year
period beginning on the date of the enactment of this Act, the Chief
Business Office of the Department of Veterans Affairs shall submit to
Congress quarterly reports on the number of pending claims for
reimbursement for emergency hospital care, medical services, and other
emergency health care furnished through non-Department of Veterans
Affairs providers. Each such report shall include each of the
following:
(1) The total number of such pending claims for each
hospital system of the Department, as of the last day of the
quarter covered by the report.
(2) The total number of veterans who submitted such a
pending claim in each State, as of such day.
(3) The aggregate amount of all such pending claims in each
State, as of such day.
(4) As of such day--
(A) the number of such pending claims that have
been pending for 30 days or longer;
(B) the number of such pending claims that have
been pending for 90 days or longer; and
(C) the number of such pending claims that have
been pending for 365 days or longer.
(5) For each hospital system, for the quarter covered by
the report--
(A) the number of claims for reimbursement for
emergency hospital care, medical services, and other
emergency health care furnished through non-Department
of Veterans Affairs providers approved during such
quarter;
(B) the number of such claims denied during such
quarter; and
(C) the number of such claims denied listed by each
denial reason group.
(d) Comptroller General Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that evaluates the effectiveness
of the Chief Business Office in providing timely payment of a
proper invoice for emergency hospital care, medical services,
or other emergency health care furnished through non-Department
of Veterans Affairs providers by the required payment date.
(2) Submittal.--The Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
including the total amount of interest penalties paid by the
Secretary of Veterans Affairs under section 3902 of title 31,
United States Code, by reason of a delayed payment.
(e) Definitions.--In this section:
(1) The term ``delayed payment'' means a proper invoice
that is not paid by the Secretary of Veterans Affairs until
after the required payment date.
(2) The term ``proper invoice'' has the meaning given that
term in section 3901(a) of title 31, United States Code.
(3) The term ``required payment date'' means the date that
payment is due for a contract pursuant to section 3903(a) of
title 31, United States Code.
SEC. 106. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program under which the Secretary shall enter into a
contract with one or more appropriate non-government entities for the
purpose of assessing the effectiveness of addressing post-deployment
mental health and post-traumatic stress disorder symptoms through a
therapeutic medium of training service dogs for veterans with
disabilities.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out during the five-year period
beginning on the date of the commencement of the pilot program.
(c) Locations of Pilot Program.--In entering into contracts for
purposes of the pilot program, the Secretary shall seek to enter into
contracts with appropriate non-government entities located in close
proximity to at least three but not more than five medical centers of
the Department.
(d) Appropriate Non-Government Entities.--For purposes of the pilot
program, an appropriate non-government entity is an entity that is
certified in the training and handling of service dogs and that has a
training area that would be appropriate for use in educating veterans
with mental health conditions in the art and science of service dog
training and handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(e) Design of Pilot Program.--Each contract entered into under
subsection (a) shall provide that the non-government entity shall--
(1) ensure that veterans participating in the program
receive training from certified service dog training
instructors;
(2) ensure that in selecting assistance dogs for use in the
program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all
dogs used in the program have adequate temperament and health
clearances;
(3) ensure that each service dog in training participating
in the pilot program is taught all essential commands
pertaining to service dog skills;
(4) ensure that each service dog in training lives at the
pilot program site or a volunteer foster home in the vicinity
of such site while receiving training;
(5) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(6) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans
with disabilities; and
(7) in hiring service dog training instructors to carry out
training under the pilot program, give a preference to veterans
who have successfully graduated from post-traumatic stress
disorder or other residential treatment programs and who have
received adequate certification in service dog training.
(f) Administration.--In order to carry out the pilot program under
section (a), the Secretary of Veterans Affairs shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee the pilot program; and
(2) establish a director of service dog training with a
background working in social services, experience in teaching
others to train service dogs in a vocational setting, and at
least one year of experience working with veterans or active
duty service members with post-traumatic stress disorder in a
clinical setting.
(g) Veteran Eligibility.--The Secretary shall select veterans for
participation in the pilot program. A veteran with post-traumatic
stress disorder or other post-deployment mental health condition may
volunteer to participate in the pilot program, if the Secretary
determines that there are adequate program resources available for such
veteran at the pilot program site. Veterans may participate in the
pilot program in conjunction with the compensated work therapy program
of the Department of Veterans Affairs.
(h) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting
skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(i) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out under the
pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well-being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
(j) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who provides
the direct training of veterans with post-traumatic stress disorder and
other post-deployment issues in the art and science of service dog
training and handling.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
SEC. 201. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION.
(a) Veterans Economic Opportunity and Transition Administration.--
(1) In general.--Part V of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION
``Sec.
``8001. Organization of Administration.
``8002. Functions of Administration.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity and Transition
Administration.--There is in the Department of Veterans Affairs a
Veterans Economic Opportunity and Transition Administration. The
primary function of the Veterans Economic Opportunity and Transition
Administration is the administration of the programs of the Department
that provide assistance related to economic opportunity to veterans and
their dependents and survivors.
``(b) Under Secretary for Economic Opportunity and Transition.--The
Veterans Economic Opportunity and Transition Administration is under
the Under Secretary for Veterans Economic Opportunity and Transition,
who is directly responsible to the Secretary for the operations of the
Administration.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity and Transition Administration
is responsible for the administration of the following programs of the
Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of section
8127 of this title, including the administration of the
database of veteran-owned businesses described in such
subsection.
``(5) The Transition Assistance Program under section 1144
of title 10.
``(6) Any other program of the Department that the
Secretary determines appropriate.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and of part V of
title 38, United States Code, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity and Transition 8001''.
Administration.
(b) Effective Date.--Chapter 80 of title 38, United States Code, as
added by subsection (a), shall take effect on October 1, 2017.
(c) Full-Time Employees.--For fiscal years 2017 and 2018, the total
number of full-time equivalent employees authorized for the Veterans
Benefits Administration and the Veterans Economic Opportunity and
Transition Administration, as established under chapter 80 of title 38,
United States Code, as added by subsection (a), may not exceed 21,913.
SEC. 202. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND
TRANSITION.
(a) Under Secretary.--
(1) In general.--Chapter 3 of title 38, United States Code,
is amended by inserting after section 306 the following new
section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
``(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity and Transition, who is
appointed by the President, by and with the advice and consent of the
Senate. The Under Secretary for Veterans Economic Opportunity and
Transition shall be appointed without regard to political affiliation
or activity and solely on the basis of demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity and Transition Administration or programs
of similar content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans Economic
Opportunity and Transition is the head of, and is directly responsible
to the Secretary for the operations of, the Veterans Economic
Opportunity and Transition Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of Under
Secretary for Veterans Economic Opportunity and Transition occurs or is
anticipated, the Secretary shall establish a commission to recommend
individuals to the President for appointment to the position.
``(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity and
Transition Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity and transition programs of the
Department.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity and Transition, if
the Secretary determines that it is desirable for such person
to be a member of the commission.
``(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the position of
Under Secretary for Veterans Economic Opportunity and Transition. The
commission shall submit all recommendations to the Secretary. The
Secretary shall forward the recommendations to the President and the
Committees on Veterans' Affairs of the Senate and House of
Representatives with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals for appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor relations
functions shall serve as the executive secretary of a commission
established under this subsection.
``(d) Qualifications of Recommended Individuals.--Each individual
recommended to the President by the commission for appointment to the
position of Under Secretary for Veterans Economic Opportunity and
Transition shall be an individual who has held a senior level position
in the private sector with responsibilities relating to at least one of
the following:
``(1) Education policy.
``(2) Vocational rehabilitation.
``(3) Employment.
``(4) Job placement.
``(5) Home loan finance.
``(6) Small business development.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity and
Transition.''.
(b) Conforming Amendments.--Title 38, United States Code, is
further amended--
(1) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F), as
subparagraphs (A) through (D), respectively;
(2) in section 317(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(3) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(4) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(5) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(6) in section 542(a)(2)(B)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(7) in section 544(a)(2)(B)(vi), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(8) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(9) in section 7701(a), by inserting after ``assistance''
the following: ``, other than assistance related to Economic
Opportunity and Transition,''; and
(10) in section 7703, by striking paragraphs (2) and (3)
and redesignating paragraphs (4) and (5) as paragraphs (2) and
(3), respectively.
(c) Effective Date.--Section 306A of title 38, United States Code,
as added by subsection (a), and the amendments made by this section,
shall take effect on October 1, 2017.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
SEC. 301. MODIFICATION AND IMPROVEMENT OF TRANSFER OF UNUSED EDUCATION
BENEFITS TO FAMILY MEMBERS UNDER DEPARTMENT OF VETERANS
AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Rate of Payment.--Subsection (h)(3)(B) of section 3319 of title
38, United States Code, is amended by inserting before the period at
the end the following: ``, except that the amount of the monthly
stipend described in subsection (c)(1)(B) or (g)(3)(A)(ii) of section
3313, as the case may be, shall be payable in an amount equal to 50
percent of the amount of such stipend that would otherwise be payable
under this chapter to the individual making the transfer''.
(b) Applicability.--The amendment made by this section shall apply
with respect to an election to transfer entitlement under section 3319
of title 38, United States Code, that is made on or after the date that
is 180 days after the date of the enactment of this Act.
SEC. 302. CLARIFICATION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN
DAVID FRY SCHOLARSHIP.
(a) In General.--Section 701(d) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1796; 38
U.S.C. 3311 note) is amended to read as follows:
``(d) Applicability.--
``(1) In general.--The amendments made by this section
shall apply with respect to a quarter, semester, or term, as
applicable, commencing on or after January 1, 2015.
``(2) Deaths that occurred between september 11, 2001, and
december 31, 2005.--For purposes of section 3311(f)(2) of title
38, United States Code, any member of the Armed Forces who died
during the period beginning on September 11, 2001, and ending
on December 31, 2005, is deemed to have died on January 1,
2006.''.
(b) Election on Receipt of Certain Benefits.--Section 3311(f) of
title 38, United States Code, is amended--
(1) in paragraph (3), by striking ``A surviving spouse''
and inserting ``Except as provided in paragraph (4), a
surviving spouse'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exception for certain elections.--
``(A) In general.--An election made under paragraph
(3) by a spouse described in subparagraph (B) may not
be treated as irrevocable if such election occurred
before the date of the enactment of this paragraph.
``(B) Eligible surviving spouse.--A spouse
described in this subparagraph is an individual--
``(i) who is entitled to assistance under
subsection (a) pursuant to paragraph (9) of
subsection (b); and
``(ii) who was the spouse of a member of
the Armed Forces who died during the period
beginning on September 11, 2001, and ending on
December 31, 2005.''.
(c) Technical Amendment.--Paragraph (5) of subsection (f) of
section 3311 of title 38, United States Code, as redesignated by
subsection (b)(2), is amended by striking ``that paragraph'' and
inserting ``paragraph (9) of subsection (b)''.
(d) Yellow Ribbon G.I. Education Enhancement Program.--Section
3317(a) of such title is amended by striking ``paragraphs (1) and (2)
of section 3311(b)'' and inserting ``paragraphs (1), (2), and (9) of
section 3311(b) of this title''.
SEC. 303. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code,
is amended by adding at the end the following new sentence: ``To the
maximum extent practicable, a course of education or training may be
pursued by a veteran as part of a rehabilitation program under this
chapter only if the course is approved for purposes of chapter 30 or 33
of this title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a course of education or training pursued by a
veteran who first begins a program of rehabilitation under chapter 31
of title 38, United States Code, on or after the date that is one year
after the date of the enactment of this Act.
SEC. 304. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
303, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary. In evaluating need for
purposes of this subsection, the Secretary shall consider disability
ratings, the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor the
Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 305. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-
9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3326. Election to receive educational assistance
``(a) Individuals Eligible to Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive educational
assistance under this chapter if such individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance
under chapter 30 of the title and has used, but retains
unused, entitlement under that chapter;
``(B) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 and has used,
but retains unused, entitlement under the applicable
chapter;
``(C) is entitled to basic educational assistance
under chapter 30 of this title but has not used any
entitlement under that chapter;
``(D) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 but has not used
any entitlement under such chapter;
``(E) is a member of the Armed Forces who is
eligible for receipt of basic educational assistance
under chapter 30 this title and is making contributions
toward such assistance under section 3011(b) or 3012(c)
of this title; or
``(F) is a member of the Armed Forces who is not
entitled to basic educational assistance under chapter
30 of this title by reason of an election under section
3011(c)(1) or 3012(d)(1) of this title; and
``(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective as of
the first month beginning on or after the date of an election under
subsection (a) of an individual described by paragraph (1)(E) of that
subsection, the obligation of the individual to make contributions
under section 3011(b) or 3012(c) of this title, as applicable, shall
cease, and the requirements of such section shall be deemed to be no
longer applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a) makes
an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall be
available to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
``(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not revoked by
an individual in accordance with that paragraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement under
section 3020 of this title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the provisions
of this chapter, instead of basic educational assistance under
chapter 30 this title, or educational assistance under chapter
107, 1606, or 1607 of title 10, as applicable.
``(2) Limitation on entitlement for certain individuals.--
In the case of an individual making an election under
subsection (a) who is described by paragraph (1)(A) of that
subsection, the number of months of entitlement of the
individual to educational assistance under this chapter 33
shall be the number of months equal to--
``(A) the number of months of unused entitlement of
the individual under chapter 30 of this title, as of
the date of the election, plus
``(B) the number of months, if any, of entitlement
revoked by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain entitled
to such educational assistance in accordance with the
provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1) (as
determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to the
individual under this chapter 33 as a monthly stipend payable
under paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a monthly
stipend under the applicable paragraph increased by the amount
equal to--
``(A) the total amount of contributions toward
basic educational assistance made by the individual
under section 3011(b) or 3012(c) of this title, as of
the date of the election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of
entitlement to basic educational
assistance under chapter 30 of this
title remaining to the individual at
the time of the election; plus
``(II) the number of months, if
any, of entitlement under such chapter
30 revoked by the individual under
subsection (c)(1); and
``(ii) the denominator of which is 36
months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by paragraph
(1) who is described by subsection (a)(1)(E), the number of
months of entitlement to basic educational assistance remaining
to the individual for purposes of paragraph (1)(B)(i)(II) shall
be 36 months.
``(3) Timing of payment.--The amount payable with respect
to an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under subsections (b) through
(g) of that section (as applicable), before the exhaustion of
the individual's entitlement to educational assistance under
this chapter.
``(g) Continuing Entitlement to Additional Assistance for Critical
Skills or Speciality and Additional Service.--An individual making an
election under subsection (a)(1) who, at the time of the election, is
entitled to increased educational assistance under section 3015(d) of
this title, or section 16131(i) of title 10, or supplemental
educational assistance under subchapter III of chapter 30 of this
title, shall remain entitled to such increased educational assistance
or supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an amount
equal to the quarter, semester, or term, as applicable, equivalent of
the monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who, on or
after January 1, 2016, submits to the Secretary an election
under this section that the Secretary determines is clearly
against the interests of the individual, or who fails to make
an election under this section, the Secretary may make an
alternative election on behalf of the individual that the
Secretary determines is in the best interests of the
individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after making
such election and shall provide the individual with a 30-day
period, beginning on the date of the individual's receipt of
such notice, during which the individual may modify or revoke
the election made by the Secretary on the individual's behalf.
The Secretary shall include, as part of such notice, a clear
statement of why the alternative election made by the Secretary
is in the best interests of the individual as compared to the
election submitted by the individual. The Secretary shall
provide the notice required under this paragraph by electronic
means whenever possible.
``(i) Irrevocability of Elections.--An election under subsection
(a) or (c)(1) is irrevocable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Election to receive educational assistance.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-
9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252;
38 U.S.C. 3301 note) is hereby repealed.
SEC. 306. CLARIFICATION OF ASSISTANCE PROVIDED FOR CERTAIN FLIGHT
TRAINING AND OTHER PROGRAMS OF EDUCATION.
(a) Flight Training.--Subsection (c)(1)(A) of section 3313 of title
38, United States Code, is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(B) by striking ``In the case of a program of
education pursued at a public institution of higher
learning'' and inserting ``(I) Subject to subclause
(II), in the case of a program of education pursued at
a public institution of higher learning not described
in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new
subclause:
``(II) In determining the actual net cost
for in-State tuition and fees pursuant to
subclause (I), the Secretary may not pay for
tuition and fees relating to flight
training.''; and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(D) by striking ``In the case of a program of
education pursued at a non-public or foreign
institution of higher learning'' and inserting ``(I) In
the case of a program of education described in
subclause (II)''; and
(E) by adding at the end the following new
subclause:
``(II) A program of education described in
this subclause is any of the following:
``(aa) A program of education
pursued at a non-public or foreign
institution of higher learning.
``(bb) A program of education
pursued at a public institution of
higher learning in which flight
training is required to earn the degree
being pursued (including with respect
to a dual major, concentration, or
other element of such a degree).''.
(b) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added
by subsection (a)(2)(E), is amended by adding at the end the following
new item:
``(cc) A program of education
pursued at a public institution of
higher learning in which the public
institution of higher learning enters
into a contract or agreement with an
entity (other than another public
institution of higher learning) to
provide such program of education or a
portion of such program of
education.''.
(c) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by subsection (a) and (b) shall apply with
respect to a quarter, semester, or term, as applicable,
commencing on or after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act, is
using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or (cc)
of section 3313(c)(1)(A)(ii)(II) of title 38, United States
Code, as added by subsections (a) and (b), respectively, the
amendment made by such subsection shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date that is two years after the date of the
enactment of this Act.
SEC. 307. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE
FROM SECRETARY OF DEFENSE AS ACTIVE DUTY FOR PURPOSES OF
ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) of title 38, United States
Code, is amended by inserting ``12301(h),'' after ``12301(g),''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to active duty service by a member of a reserve component
covered by section 12301(h) of title 10, United States, beginning on or
after the date that is 180 days after the date of the enactment of this
Act.
SEC. 308. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) of title 38, United States Code, is amended by
striking ``June 30, 2013'' each place it appears and inserting ``June
30, 2013, or the period beginning on June 30, 2016, and ending on June
30, 2021''.
SEC. 309. VOCATIONAL REHABILITATION AND EDUCATION ACTION PLAN.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall develop and publish an
action plan for improving the services and assistance provided under
chapter 31 of title 38, United States Code. Such plan shall include
each of the following:
(1) A comprehensive analysis of, and recommendations and a
proposed implementation plan for remedying workload management
challenges at regional offices of the Department of Veterans
Affairs, including steps to reduce counselor caseloads of
veterans participating in a rehabilitation program under such
chapter, particularly for counselors who are assisting veterans
with traumatic brain injury and post-traumatic stress disorder
and counselors with educational and vocational counseling
workloads.
(2) A comprehensive analysis of the reasons for the
disproportionately low percentage of veterans with service-
connected disabilities who served in the Armed Forces after
September 11, 2001, who opt to participate in a rehabilitation
program under such chapter relative to the percentage of such
veterans who use their entitlement to educational assistance
under chapter 33 of title 38, United States Code, including an
analysis of barriers to timely enrollment in rehabilitation
programs under chapter 31 of such title and of any barriers to
a veteran enrolling in the program of that veteran's choice.
(3) Recommendations and a proposed implementation plan for
encouraging more veterans with service-connected disabilities
who served in the Armed Forces after September 11, 2001, to
participate in rehabilitation programs under chapter 31 of such
title.
(4) A national staff training program for vocational
rehabilitation counselors of the Department that includes the
provision of--
(A) training to assist counselors in understanding
the very profound disorientation experienced by
warriors whose lives and life-plans have been upended
and out of their control because of their injury;
(B) training to assist counselors in working in
partnership with veterans on individual rehabilitation
plans; and
(C) training on post-traumatic stress disorder and
other mental health conditions and on moderate to
severe traumatic brain injury that is designed to
improve the ability of such counselors to assist
veterans with these conditions, including by providing
information on the broad spectrum of such conditions
and the effect of such conditions on an individual's
abilities and functional limitations.
SEC. 310. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN VOCATIONAL
REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of Veterans
Affairs shall reduce redundancy and inefficiencies in the use of
information technology to process claims for rehabilitation programs
under chapter 31 of title 38, United States Code, by--
(1) ensuring that all payments for and on behalf of
veterans participating in a rehabilitation program under such
chapter are only processed and paid out of one corporate
information technology system, in order to eliminate the
redundancy of multiple information technology payment systems;
and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2016
$10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the changes made pursuant to subsection (a).
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
SEC. 401. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN
GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL
INSTITUTIONS.
(a) In General.--Section 3684(a) of title 38, United States Code,
is amended--
(1) in paragraph (1), by inserting ``32, 33,'' after
``31,''; and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `educational
institution' may include a group, district, or consortium of separately
accredited educational institutions located in the same State that are
organized in a manner that facilitates the centralized reporting of the
enrollments in such group, district, or consortium of institutions.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to reports submitted on or after the date of the
enactment of this Act.
SEC. 402. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3699. Provision of certain information to educational
institutions
``For each veteran or other individual pursuing a course of
education that has been approved under this chapter using educational
assistance to which the veteran or other individual is entitled under
chapter 30, 32, 33, or 35 of this title, the Secretary shall make
available to the educational institution offering the course
information about the amount of such educational assistance to which
the veteran or other individual is entitled. Such information shall be
provided to such educational institution through a secure information
technology system accessible by the educational institution and shall
be regularly updated to reflect any amounts used by the veteran or
other individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3698 the following new item:
``3699. Provision of certain information to educational
institutions.''.
SEC. 403. ROLE OF STATE APPROVING AGENCIES.
(a) Approval of Certain Courses.--Section 3672(b)(2)(A) of title
38, United States Code, is amended by striking ``the following'' and
all that follows through the colon and inserting the following: ``a
program of education is deemed to be approved for purposes of this
chapter if a State approving agency determines that the program is one
of the following programs:''.
(b) Approval of Other Courses.--Section 3675 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary or a State
approving agency'' and inserting ``A State approving
agency, or the Secretary when acting in the role of a
State approving agency,''; and
(B) by striking ``offered by proprietary for-profit
educational institutions'' and inserting ``not covered
by section 3672 of this title''; and
(2) in subsection (b), by striking ``the Secretary or the
State approving agency'' each place it appears and inserting
``the State approving agency, or the Secretary when acting in
the role of a State approving agency,''.
SEC. 404. CRITERIA USED TO APPROVE COURSES.
(a) Nonaccredited Courses.--Section 3676(c)(14) of title 38, United
States Code, is amended by inserting before the period the following:
``if the Secretary, in consultation with the State approving agency and
pursuant to regulations prescribed to carry out this paragraph,
determines such criteria are necessary and treat public, private, and
proprietary for-profit educational institutions equitably''.
(b) Accredited Courses.--Section 3675(b)(3) of such title is
amended by striking ``and (3)'' and inserting ``(3), and (14)''.
(c) Application.--The amendment made by subsection (a) shall apply
with respect to--
(1) criteria developed pursuant to paragraph (14) of
subsection (c) of section 3676 of title 38, United States Code,
on or after January 1, 2013; and
(2) an investigation conducted under such subsection that
is covered by a reimbursement of expenses paid by the Secretary
of Veterans Affairs to a State pursuant to section 3674 of such
title on or after October 1, 2015.
SEC. 405. COMPLIANCE SURVEYS.
(a) In General.--Section 3693 of such title is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Except as provided in subsection (b), the Secretary shall
conduct an annual compliance survey of educational institutions and
training establishments offering one or more courses approved for the
enrollment of eligible veterans or persons if at least 20 such veterans
or persons are enrolled in any such course. The Secretary shall--
``(A) design the compliance surveys to ensure that such
institutions or establishments, as the case may be, and
approved courses are in compliance with all applicable
provisions of chapters 30 through 36 of this title;
``(B) survey each such educational institution and training
establishment not less than once during every two-year period;
and
``(C) assign not fewer than one education compliance
specialist to work on compliance surveys in any year for each
40 compliance surveys required to be made under this section
for such year.
``(2) The Secretary, in consultation with the State approving
agencies, shall--
``(A) annually determine the parameters of the surveys
required under paragraph (1); and
``(B) not later than September 1 of each year, make
available to the State approving agencies a list of the
educational institutions and training establishments that will
be surveyed during the fiscal year following the date of making
such list available.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the terms `educational institution' and
`training establishment' have the meaning given such terms in section
3452 of this title.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) by striking ``subsection (a) of this section for an
annual compliance survey'' and inserting ``subsection (a)(1)
for a compliance survey'';
(2) by striking ``institution'' and inserting ``educational
institution or training establishment''; and
(3) by striking ``institution's demonstrated record of
compliance'' and inserting ``record of compliance of such
institution or establishment''.
SEC. 406. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO EDUCATIONAL
ASSISTANCE UNDER THE EDUCATIONAL ASSISTANCE PROGRAMS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Survey Required.--By not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract with a non-government entity for the conduct of a
survey of a statistically valid sample of individuals who have used or
are using their entitlement to educational assistance under chapters
30, 32, 33, and 35 of title 38, United States Code, to pursue a program
of education or training. The contract shall provide that--
(1) not later than one month before the collection of data
under the survey begins, the survey shall be submitted to the
Committees on Veterans' Affairs of the Senate and House of
Representatives;
(2) the non-government entity shall complete the survey and
submit to the Secretary the results of the survey by not later
than 180 days after entering into the contract; and
(3) the survey shall be conducted by electronic means and
by any other means the non-government entity determines
appropriate.
(b) Information To Be Collected.--The contract under subsection (a)
shall provide that the survey shall be designed to collect the
following types of information about each individual surveyed, where
applicable:
(1) Demographic information, including the highest level of
education completed by the individual, the military
occupational specialty or specialties of the individual while
serving on active duty as a member of the Armed Forces or as a
member of the National Guard or of a Reserve Component of the
Armed Forces, and whether the individual has a service-
connected disability.
(2) The opinion of the individual regarding participation
in the transition assistance program under section 1144 of
title 10, United States Code, and the effectiveness of the
program, including instruction on the use of the benefits under
laws administered by the Secretary of Veterans Affairs.
(3) The resources the individual used to help the
individual--
(A) decide to use the individual's entitlement to
educational assistance to enroll in a program of
education or training; and
(B) choose the program of education or training the
individual pursued.
(4) The individual's goal when the individual enrolled in
the program of education or training.
(5) The nature of the individual's experience with the
education benefits processing system of the Department of
Veterans Affairs.
(6) The nature of the individual's experience with the
school certifying official of the educational institution where
the individual pursued the program of education or training who
processed the individual's claim.
(7) Any services or benefits the educational institution or
program of education or training provided to veterans while the
individual pursued the program of education or training.
(8) The type of educational institution at which the
individual pursued the program of education or training.
(9) Whether the individual completed the program of
education or training or the number of credit hours completed
by the individual as of the time of the survey, and, if
applicable, any degree or certificate obtained by the
individual for completing the program.
(10) The employment status of the individual and whether
such employment status differs from the employment status of
the individual prior to enrolling in the program of education
or training.
(11) Whether the individual is or was enrolled in a program
of education on a full-time or part-time basis.
(12) The opinion of the individual on the effectiveness of
the educational assistance program of the Department of
Veterans Affairs under which the individual was entitled to
educational assistance.
(13) Whether the individual was ever entitled to a
rehabilitation under chapter 31 of title 38, United States
Code, and whether the individual participated in such a
program.
(14) A description of any circumstances that prevented the
individual from using the individual's entitlement to
educational assistance to pursue a desired career path or
degree.
(15) Whether the individual is using the individual's
entitlement to educational assistance to pursue a program of
education or training or has transferred such an entitlement to
a dependent.
(16) Such other matters as the Secretary determines
appropriate.
(c) Report.--Not later than 90 days after receiving the results of
the survey required under this section, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of the survey and any
recommendations of the Secretary relating to such results. Such report
shall also include an unedited version of the results of the survey
submitted by the non-government entity that conducted the study.
SEC. 407. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS
BENEFITS ADMINISTRATION OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a plan to implement the changes and improvements
described in subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the implementation of the changes and
improvements described in subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2016 and 2017.
SEC. 408. TECHNICAL AMENDMENT RELATING TO IN-STATE TUITION RATE FOR
INDIVIDUALS TO WHOM ENTITLEMENT IS TRANSFERRED UNDER ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
9/11 EDUCATIONAL ASSISTANCE.
(a) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United
States Code, is amended by striking ``or 3319 of this title'' and all
that follows and inserting ``of this title or to whom educational
assistance is transferred under section 3319 of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to a course, semester, or term that begins after
July 1, 2016.
TITLE V--OTHER MATTERS
SEC. 501. AMOUNT OF LOAN GUARANTEED UNDER HOME LOAN PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Adjustment of Loan Limit.--Section 3703(a)(1) of title 38,
United States Code, is amended--
(1) in subparagraph (A)(i)(IV)--
(A) by striking ``the lesser of''; and
(B) by striking ``or 25 percent of the loan''; and
(2) in subparagraph (C), by striking ``Freddie Mac'' and
all that follows through the period at the end and inserting
``amount of the loan.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to a loan guaranteed under section 3710 of title 38,
United States Code, on or after the date that is 30 days after the date
of the enactment of this Act.
SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND PLACEMENT
SERVICE FOR VETERANS.
(a) In General.--Chapter 41 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 4115. Longitudinal study of job counseling, training, and
placement service for veterans
``(a) Study Required.--(1) The Secretary shall enter into a
contract with a non-government entity to conduct a longitudinal study
of a statistically valid sample of each of the groups of individuals
described in paragraph (2). The contract shall provide for the study of
each such group over a period of at least five years.
``(2) The groups of individuals described in this paragraph are the
following:
``(A) Veterans who have received intensive services.
``(B) Veterans who did not receive intensive services but
who otherwise received services under this chapter.
``(C) Veterans who did not seek or receive services under
this chapter.
``(3) The study required by this subsection shall include the
collection of the following information for each individual who
participates in the study:
``(A) The average number of months such individual served
on active duty.
``(B) The distribution of disability ratings of such
individual.
``(C) Any unemployment benefits received by such
individual.
``(D) The average number of months such individual was
employed during the year covered by the report.
``(E) The average annual starting and ending salaries of
any such individual who was employed during the year covered by
the report.
``(F) The average annual income of such individual.
``(G) The average total household income of such individual
for the year covered by the report.
``(H) The percentage of such individuals who own their
principal residences.
``(I) The employment status of such individual.
``(J) In the case of such an individual who received
services under this chapter, whether the individual believes
that any service provided by a disabled veterans' outreach
specialist or local veterans' employment representative helped
the individual to become employed.
``(K) In the case of such an individual who believes such a
service helped the individual to become employed, whether--
``(i) the individual retained the position of
employment for a period of one year or longer; and
``(ii) the individual believes such a service
helped the individual to secure a higher wage or
salary.
``(L) The conditions under which such individual was
discharged or released from the Armed Forces.
``(M) Whether such individual has used any educational
assistance to which the individual is entitled under this
title.
``(N) Whether such individual has participated in a
rehabilitation program under chapter 31 of this title.
``(O) Demographic information about such individual.
``(P) Such other information as the Secretary determines
appropriate.
``(b) Annual Reports.--(1) By not later than July 1 of each year
covered by the study required under subsection (a), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the outcomes of the study during the
preceding year.
``(2) The Secretary shall include in each annual report submitted
under paragraph (1) any information the Secretary determines is
necessary to determine the long-term outcomes of the individuals in the
groups described in subsection (a)(2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4115. Longitudinal study of job counseling, training, and placement
service for veterans.''.
SEC. 503. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS.
(a) In General.--Section 8127 of title 38, United States Code, is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Limitations on Subcontracting.--(1)(A) The requirements
applicable to a covered small business concern under section 46 of the
Small Business Act (15 U.S.C. 657s) shall apply with respect to a small
business concern owned and controlled by a veteran with a service-
connected disability or a small business concern owned and controlled
by a veteran that is awarded a contract that is counted for purposes of
meeting the goals under subsection (a).
``(B) For purposes of applying the requirements of section 46 of
the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A),
the term `similarly situated entity' used in such section 46 includes a
subcontractor for a small business concern owned and controlled by a
veteran with a service-connected disability or a small business concern
owned and controlled by a veteran described in such subparagraph (A).
``(2) Before awarding a contract that is counted for purposes of
meeting the goals under subsection (a), the Secretary shall obtain from
an offeror a certification that the offeror will comply with the
requirements described in paragraph (1)(A) if awarded the contract.
Such certification shall--
``(A) specify the exact performance requirements applicable
under such paragraph; and
``(B) explicitly acknowledge that the certification is
subject to section 1001 of title 18.
``(3) If the Secretary determines that a small business concern
that is awarded a contract that is counted for purposes of meeting the
goals under subsection (a) did not act in good faith with respect to
the requirements described in paragraph (1)(A), the small business
concern shall be subject to the penalties specified in--
``(A) section 16(g)(1) of the Small Business Act (15 U.S.C.
645(g)(1)); and
``(B) section 1001 of title 18.
``(4)(A) The Director of Small and Disadvantaged Business
Utilization for the Department, established pursuant to section 15(k)
of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition
Officer of the Department, established pursuant to section 1702 of
title 41, shall jointly implement a process using the systems described
in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or
any other systems available, to monitor compliance with this
subsection. The Chief Acquisition Officer shall refer any violations of
this subsection to the Inspector General of the Department.
``(B) Not later than November 30 of each year, the Inspector
General shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report for the fiscal year
preceding the fiscal year during which the report is submitted that
includes, for the fiscal year covered by the report--
``(i) the number of referred violations received under
subparagraph (A); and
``(ii) the disposition of such referred violations,
including the number of small business concerns suspended or
debarred from Federal contracting or referred to the Attorney
General for prosecution.''.
(b) Effective Date.--Subsection (l) of section 8127 of title 38,
United States Code, as added by subsection (a) shall apply with respect
to a contract entered into after the date of the enactment of this Act.
SEC. 504. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO STATE
VETERANS AGENCIES TO FACILITATE THE FURNISHING OF
ASSISTANCE AND BENEFITS TO VETERANS.
(a) Procedures Required.--The Secretary of Veterans Affairs shall
develop procedures to share the information described in subsection (b)
regarding veterans with State veterans agencies in electronic data
format as a means of facilitating the furnishing of assistance and
benefits to veterans.
(b) Covered Information.--The information shared with State
veterans agencies under subsection (a) regarding a veteran shall
include the following:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Opt-Out Election.--A veteran may elect to prevent their
information from being shared with State veterans agencies under
subsection (a) pursuant to a process that the Secretary shall establish
for purposes of this subsection.
(d) Use of Information.--The Secretary shall ensure that the
information shared with State veterans agencies in accordance with the
procedures developed under subsection (a) is only shared by such
agencies with county government veterans service offices for such
purposes as the Secretary shall specify for the administration and
delivery of assistance and benefits.
Passed the House of Representatives February 9, 2016.
Attest:
KAREN L. HAAS,
Clerk.