[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6062 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 6062
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2016
Mr. Takano introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committees on
Armed Services, Oversight and Government Reform, Energy and Commerce,
Ways and Means, Education and the Workforce, Financial Services, Small
Business, the Budget, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, 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 ``Supporting,
Employing, and Recognizing Veterans in Communities Everywhere Act'' or
the ``SERVICE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCOUNTABILITY
Subtitle A--Whistleblower Protections
Sec. 101. Treatment of whistleblower complaints in Department of
Veterans Affairs.
Subtitle B--Employees
Sec. 111. Removal of employees of Department of Veterans Affairs based
on performance or misconduct.
Sec. 112. Suspension and removal of Department of Veterans Affairs
employees for performance or misconduct
that is a threat to public health or
safety.
Sec. 113. Authority to recoup bonuses or awards paid to employees of
Department of Veterans Affairs.
Sec. 114. Authority to recoup relocation expenses paid to or on behalf
of employees of Department of Veterans
Affairs.
Subtitle C--Supervisors and Senior Executives
Sec. 121. Reduction of benefits for members of the Senior Executive
Service within the Department of Veterans
Affairs convicted of certain crimes.
Sec. 122. Improved authorities of Secretary of Veterans Affairs to
improve accountability of senior
executives.
Subtitle D--Other Matters
Sec. 131. Annual report on performance of regional offices of the
Department of Veterans Affairs.
TITLE II--HEALTH CARE
Subtitle A--Access to Care
Sec. 201. Authorization of agreements between the Department of
Veterans Affairs and non-Department health
care providers.
Sec. 202. Modification of authority to enter into agreements with State
homes to provide nursing home care.
Sec. 203. Requirement for advance appropriations for the Care in the
Community account of the Department of
Veterans Affairs.
Sec. 204. Annual transfer of amounts within Department of Veterans
Affairs to pay for health care from non-
Department providers.
Sec. 205. Elimination of requirement to act as secondary payer for care
relating to non-service-connected
disabilities under Choice Program.
Sec. 206. Authorization of use of certain amounts appropriated to the
Veterans Choice Fund for other non-
Department of Veterans Affairs care.
Sec. 207. Modification of process through which Department of Veterans
Affairs records obligations for non-
Department care.
Sec. 208. Authority to disclose certain medical records of veterans who
receive non-Department of Veterans Affairs
health care.
Sec. 209. Child care assistance for veterans receiving mental health
care and other intensive health care
services provided by the Department of
Veterans Affairs.
Subtitle B--Expansion of Care
Sec. 211. In vitro fertilization for certain disabled veterans.
Sec. 212. Adoption assistance for certain disabled veterans.
Sec. 213. Expansion of eligibility for participation in and services
provided under family caregiver program of
Department of Veterans Affairs.
Sec. 214. Authority to transfer entitlement to Post-9/11 educational
assistance to family members by seriously
injured veterans in need of personal care
services.
Sec. 215. Enhancement of special compensation for members of the
uniformed services with injuries or
illnesses requiring assistance in everyday
living.
Sec. 216. Flexible work arrangements for certain Federal employees.
Sec. 217. Lifespan respite care.
Sec. 218. Interagency working group on caregiver policy.
Sec. 219. Studies on post-September 11, 2001, veterans and seriously
injured veterans.
Sec. 220. Increase of maximum age for children eligible for medical
care under CHAMPVA program.
Sec. 221. Expansion of reimbursement of veterans for emergency
treatment and urgent care.
Sec. 222. Provision of rehabilitative equipment and human-powered
vehicles to certain disabled veterans.
Subtitle C--Health Care Quality
Sec. 231. Establishment of Office of Health Care Quality in Veterans
Health Administration.
Subtitle D--Medical Workforce
Sec. 241. Disregard of resident slots that include VA training against
the Medicare graduate medical education
limitations.
Sec. 242. Extension of period for increase in graduate medical
education residency positions at medical
facilities of the Department of Veterans
Affairs.
Sec. 243. Recruitment of physicians in Department of Veterans Affairs.
Subtitle E--Mental Health Care
Sec. 251. Standard of proof for service-connection of mental health
conditions related to military sexual
trauma.
Subtitle F--Opioid Therapy and Pain Management
Sec. 261. Findings; sense of Congress.
Sec. 262. Pilot program to improve treatment for veterans suffering
from opioid addiction and chronic pain.
Sec. 263. Assessment of Department and non-Department capabilities to
treat opioid dependency and ensure access
to needed health care services.
Sec. 264. Increased access to naloxone and other treatments for
reversing opioid overdose.
Subtitle G--Toxic Exposure
Sec. 271. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of health
conditions relating to exposure to burn
pits and other environmental exposures.
TITLE III--EDUCATION
Subtitle A--GI Bill Oversight
Sec. 301. Department of Veterans Affairs Inspector General heightened
scrutiny of programs of education.
Sec. 302. Department of Veterans Affairs disapproval of courses of
education offered by institutions of higher
learning accused of certain deceptive or
misleading practices.
Sec. 303. Interagency working group on programs of education employing
deceptive or misleading practices.
Sec. 304. Approval of courses for purposes of educational assistance
programs administered by Secretary of
Veterans Affairs.
Sec. 305. Program participation agreements for proprietary institutions
of higher education.
Sec. 306. Department of Defense and Department of Veterans Affairs
actions on ineligibility of certain
proprietary institutions of higher
education for participation in programs of
educational assistance.
Subtitle B--Supports for Student Veterans
Sec. 311. Restoration of entitlement to educational assistance and
other relief for veterans affected by
closures of educational institutions.
Sec. 312. Work-study allowance.
Sec. 313. Costs of applying to institution of higher learning.
Sec. 314. Grant program to establish, maintain, and improve veteran
student centers.
Sec. 315. Continuation of awards.
Sec. 316. Department of Veterans Affairs grants to educational
institutions for provision of child care
services.
Sec. 317. Pilot program to provide educational assistance to physician
assistants to be employed at the Department
of Veterans Affairs.
Sec. 318. Establishment of standards for the Department of Veterans
Affairs for using educational assistance
programs to educate and hire physician
assistants.
Sec. 319. Establishment of pay grades for physician assistants of the
Department of Veterans Affairs and
requirement to provide competitive pay.
Subtitle C--Eligibility
Sec. 321. Consideration of eligibility for post-9/11 educational
assistance for certain time on active duty
in reserve components of armed forces.
Sec. 322. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 323. Consideration of eligibility for Post-9/11 Educational
Assistance for certain time on active duty
in reserve components of Armed Forces.
Sec. 324. Eligibility for Post-9/11 Educational Assistance for certain
members of reserve components of Armed
Forces who lost entitlement to educational
assistance under Reserve Educational
Assistance Program.
TITLE IV--DISABILITY COMPENSATION AND PENSION
Sec. 401. Appeals reform.
Sec. 402. Treatment of medical evidence provided by non-Department of
Veterans Affairs medical professionals in
support of claims for disability
compensation.
Sec. 403. Report on progress of Acceptable Clinical Evidence
initiative.
Sec. 404. Annual report.
Sec. 405. Board of Veterans' Appeals video hearings.
Sec. 406. Expedited payment of survivor's benefits.
Sec. 407. Definition of spouse for purposes of veteran benefits to
reflect new State definitions of spouse.
Sec. 408. Concurrent receipt of both retired pay and veterans'
disability compensation for military
retirees with compensable service-connected
disabilities.
Sec. 409. Extension of certain authorities of Secretary of Veterans
Affairs regarding associations between
diseases and exposure to dioxin and other
chemical compounds in herbicides.
TITLE V--HOUSING AND HOMELESSNESS
Sec. 501. Five-year extension of homeless veterans reintegration
programs.
Sec. 502. Clarification of eligibility for services under homeless
veterans reintegration programs.
Sec. 503. Special assistant for Veterans Affairs in the Department of
Housing and Urban Development.
Sec. 504. Annual supplemental report on veterans homelessness.
Sec. 505. Establishment of pilot grant program for homeless veterans.
Sec. 506. Expansion of definition of homeless veteran for purposes of
benefits under the laws administered by the
Secretary of Veterans Affairs.
TITLE VI--EMPLOYMENT AND TRAINING
Sec. 601. Direct employment pilot program for members of the National
Guard and Reserve and veterans of the Armed
Forces.
Sec. 602. Preference for offerors employing veterans.
Sec. 603. Veterans Manufacturing Employment Program.
Sec. 604. Modification of treatment under contracting goals and
preferences of Department of Veterans
Affairs.
Sec. 605. Access to excess or surplus property for veteran-owned small
businesses.
TITLE VII--CONSTRUCTION AND LEASES
Sec. 701. Congressional approval of Department of Veterans Affairs
major medical facility leases.
Sec. 702. Program for the construction of Department of Veterans
Affairs major medical facility projects by
non-Federal entities under partnership
agreements.
Sec. 703. Pilot program to accept medical facilities and related
property.
Sec. 704. Authority to enter into certain leases at the Department of
Veterans Affairs West Los Angeles Campus.
Sec. 705. Authorization of major medical facility lease in Oxnard,
California.
TITLE VIII--OTHER MATTERS
Sec. 801. Provision of status under law by honoring certain members of
the reserve components as veterans.
Sec. 802. Return of noncitizen veterans removed from the United States;
status for noncitizen veterans in the
United States.
Sec. 803. Review of discharge characterization.
Sec. 804. Historical review of discharges from the Armed Forces due to
sexual orientation.
Sec. 805. Modification of Article 125 of the Uniform Code of Military
Justice.
Sec. 806. Exemption from immigrant visa limit.
Sec. 807. Certain service in the organized military forces of the
Philippines and the Philippine Scouts
deemed to be active service.
Sec. 808. Eligibility for interment in national cemeteries.
TITLE I--ACCOUNTABILITY
Subtitle A--Whistleblower Protections
SEC. 101. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 741. Office of Accountability and Whistleblower Protection
``(a) Establishment.--There is established in the Department an
office to be known as the Office of Accountability and Whistleblower
Protection (in this section referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be
responsible for the functions of the Office and shall be appointed by
the President pursuant to section 308(a) of this title.
``(2) The head of the Office shall be known as the `Assistant
Secretary for Accountability and Whistleblower Protection'.
``(3) The Assistant Secretary shall report directly to the
Secretary on all matters relating to the Office.
``(4) Notwithstanding section 308(b) of this title, the Secretary
may only assign to the Assistant Secretary responsibilities relating to
the functions of the Office set forth in subsection (c).
``(c) Functions.--(1) The functions of the Office are as follows:
``(A) Advising the Secretary on all matters of the
Department relating to accountability, including accountability
of employees of the Department, retaliation against
whistleblowers, and such matters as the Secretary considers
similar and affect public trust in the Department.
``(B) Issuing reports and providing recommendations related
to the duties described in subparagraph (A).
``(C) Receiving whistleblower disclosures.
``(D) Referring whistleblower disclosures received under
subparagraph (C) for investigation to the Office of the Medical
Inspector, the Office of Inspector General, or other
investigative entity, as appropriate, if the Assistant
Secretary has reason to believe the whistleblower disclosure is
evidence of a violation of a provision of law, mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to public health and safety.
``(E) Receiving and referring disclosures from the Special
Counsel for investigation to the Medical Inspector of the
Department, the Inspector General of the Department, or such
other person with investigatory authority, as the Assistant
Secretary considers appropriate.
``(F) Recording, tracking, reviewing, and confirming
implementation of recommendations from audits and
investigations carried out by the Inspector General of the
Department, the Medical Inspector of the Department, the
Special Counsel, and the Comptroller General of the United
States, including the imposition of disciplinary actions and
other corrective actions contained in such recommendations.
``(G) Analyzing data from the Office and the Office of
Inspector General telephone hotlines, other whistleblower
disclosures, disaggregated by facility and area of health care
if appropriate, and relevant audits and investigations to
identify trends and issue reports to the Secretary based on
analysis conducted under this subparagraph.
``(H) Receiving, reviewing, and investigating allegations
of misconduct, retaliation, or poor performance involving--
``(i) an individual in a senior executive position
(as defined in section 713(d) of this title) in the
Department;
``(ii) an individual employed in a confidential,
policy-making, policy-determining, or policy-advocating
position in the Department; or
``(iii) a supervisory employee, if the allegation
involves retaliation against an employee for making a
whistleblower disclosure.
``(I) Making such recommendations to the Secretary for
disciplinary action as the Assistant Secretary considers
appropriate after substantiating any allegation of misconduct
or poor performance pursuant to an investigation carried out as
described in subparagraph (F) or (H).
``(2) In carrying out the functions of the Office, the Assistant
Secretary shall ensure that the Office maintains a toll-free telephone
number and Internet website to receive anonymous whistleblower
disclosures.
``(3) In any case in which the Assistant Secretary receives a
whistleblower disclosure from an employee of the Department under
paragraph (1)(C), the Assistant Secretary may not disclose the identity
of the employee without the consent of the employee, except in
accordance with the provisions of section 552a of title 5, or as
required by any other applicable provision of Federal law.
``(d) Staff and Resources.--The Secretary shall ensure that the
Assistant Secretary has such staff, resources, and access to
information as may be necessary to carry out the functions of the
Office.
``(e) Relation to Office of General Counsel.--The Office shall not
be established as an element of the Office of the General Counsel and
the Assistant Secretary may not report to the General Counsel.
``(f) Reports.--(1)(A) Not later than June 30 of each calendar
year, beginning with June 30, 2017, the Assistant 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 activities of the Office during the calendar year in which the
report is submitted.
``(B) Each report submitted under subparagraph (A) shall include,
for the period covered by the report, the following:
``(i) A full and substantive analysis of the activities of
the Office, including such statistical information as the
Assistant Secretary considers appropriate.
``(ii) Identification of any issues reported to the
Secretary under subsection (c)(1)(G), including such data as
the Assistant Secretary considers relevant to such issues and
any trends the Assistant Secretary may have identified with
respect to such issues.
``(iii) Identification of such concerns as the Assistant
Secretary may have regarding the size, staffing, and resources
of the Office and such recommendations as the Assistant
Secretary may have for legislative or administrative action to
address such concerns.
``(iv) Such recommendations as the Assistant Secretary may
have for legislative or administrative action to improve--
``(I) the process by which concerns are reported to
the Office; and
``(II) the protection of whistleblowers within the
Department.
``(v) Such other matters as the Assistant Secretary
considers appropriate regarding the functions of the Office or
other matters relating to the Office.
``(2) If the Secretary receives a recommendation for disciplinary
action under subsection (c)(1)(I) and does not take or initiate the
recommended disciplinary action before the date that is 60 days after
the date on which the Secretary received the recommendation, 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 detailed justification for not taking or initiating
such disciplinary action.
``(g) Definitions.--In this section:
``(1) The term `supervisory employee' means an employee of
the Department who is a supervisor as defined in section
7103(a) of title 5.
``(2) The term `whistleblower' means one who makes a
whistleblower disclosure.
``(3) The term `whistleblower disclosure' means any
disclosure of information by an employee of the Department or
individual applying to become an employee of the Department
which the employee or individual reasonably believes
evidences--
``(A) a violation of a provision of law; or
``(B) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.
``Sec. 742. Protection of whistleblowers as criteria in evaluation of
supervisors
``(a) Development and Use of Criteria Required.--The Secretary, in
consultation with the Assistant Secretary of Accountability and
Whistleblower Protection, shall develop criteria that--
``(1) the Secretary shall use as a critical element in any
evaluation of the performance of a supervisory employee; and
``(2) promotes the protection of whistleblowers.
``(b) Principles for Protection of Whistleblowers.--The criteria
required by subsection (a) shall include principles for the protection
of whistleblowers, such as the degree to which supervisory employees
respond constructively when employees of the Department report
concerns, take responsible action to resolve such concerns, and foster
an environment in which employees of the Department feel comfortable
reporting concerns to supervisory employees or to the appropriate
authorities.
``(c) Supervisory Employee and Whistleblower Defined.--In this
section, the terms `supervisory employee' and `whistleblower' have the
meanings given such terms in section 323 of this title.
``Sec. 743. Training regarding whistleblower disclosures
``(a) Training.--Not less frequently than once every two years, the
Secretary, in coordination with the Whistleblower Protection Ombudsman
designated under section 3(d)(1)(C) of the Inspector General Act of
1978 (5 U.S.C. App.), shall provide to each employee of the Department
training regarding whistleblower disclosures, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower disclosure;
``(2) the right of the employee to petition Congress
regarding a whistleblower disclosure in accordance with section
7211 of title 5;
``(3) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by law,
including under sections 5701, 5705, and 7732 of this title,
under section 552a of title 5 (commonly referred to as the
Privacy Act), under chapter 93 of title 18, and pursuant to
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(4) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(5) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall ensure, to
the maximum extent practicable, that training provided under subsection
(a) is provided in person.
``(c) Certification.--Not less frequently than once every two
years, the Secretary shall provide training on merit system protection
in a manner that the Special Counsel certifies as being satisfactory.
``(d) Publication.--The Secretary shall publish on the Internet
website of the Department, and display prominently at each facility of
the Department, the rights of an employee to make a whistleblower
disclosure, including the information described in paragraphs (1)
through (5) of subsection (a).
``(e) Whistleblower Disclosure Defined.--In this section, the term
`whistleblower disclosure' has the meaning given such term in section
323 of this title.
``Sec. 744. Congressional testimony by employees: treatment as official
duty
``(a) Congressional Testimony.--An employee of the Department is
performing official duty during the period with respect to which the
employee is testifying in an official capacity in front of either
chamber of Congress, a committee of either chamber of Congress, or a
joint or select committee of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5, to
any employee of the Department of Veterans Affairs performing official
duty described under subsection (a).''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(A) by inserting before the item relating to
section 701 the following new item:
``subchapter i--general employee matters'';
and
(B) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``741. Office of Accountability and Whistleblower Protection.
``742. Protection of whistleblowers as criteria in evaluation of
supervisors.
``743. Training regarding whistleblower disclosures.
``744. Congressional testimony by employees; treatment as official
duty.''.
(c) Report on Methods Used To Investigate Employees of Department
of Veterans Affairs.--
(1) Report required.--Not later than 540 days after the
date of the enactment of this Act, the Assistant Secretary of
Veterans Affairs for Accountability and Whistleblower
Protection under section 741 of title 38, United States Code,
as added by subsection (a), shall submit to the Secretary of
Veterans Affairs, the Committee on Veterans' Affairs of the
Senate, and the Committee on Veterans' Affairs of the House of
Representatives a report on methods used to investigate
employees of the Department of Veterans Affairs and whether
such methods are used to retaliate against whistleblowers.
(2) Contents.--The report required by subsection (a) shall
include the following:
(A) An assessment of the use of administrative
investigation boards, peer review, searches of medical
records, and other methods for investigating employees
of the Department.
(B) A determination of whether and to what degree
the methods described in paragraph (1) are being used
to retaliate against whistleblowers.
(C) Recommendations for legislative or
administrative action to implement safeguards to
prevent the retaliation described in paragraph (2).
(3) Whistleblower defined.--In this section, the term
``whistleblower'' has the meaning given such term in section
741 of title 38, United States Code, as added by subsection
(a).
Subtitle B--Employees
SEC. 111. REMOVAL OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS BASED
ON PERFORMANCE OR MISCONDUCT.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by inserting after section 713 the following new
section:
``Sec. 714. Employees: removal based on performance or misconduct
``(a) In General.--(1) The Secretary may remove a covered
individual who is an employee of the Department if the Secretary
determines that--
``(A) the performance or misconduct of the covered
individual warrants such removal; and
``(B) in the case of removal for performance, a portion of
such performance occurred during the two-year period ending on
the date of the determination.
``(2) If the Secretary removes a covered individual under paragraph
(1), the Secretary may remove the covered individual from the civil
service (as defined in section 2101 of title 5).
``(3) Nothing in this section may be construed to authorize a
finalized performance appraisal of an employee to be retroactively
amended.
``(b) Notice to Congress.--Not later than 30 days after removing a
covered individual under subsection (a), the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives notice in writing of such removal and the reason for
such removal.
``(c) Procedure.--(1) An employee removed under subsection (a) is
entitled, before removal, to--
``(A) at least 10 business days written notice (which, in
the case of removal for performance, shall identify specific
instances as described in clause (i) of section 4303(b)(1)(A)
of title 5 and critical elements as described in clause (ii) of
such section), unless there is reasonable cause to believe that
the employee committed a crime for which a sentence of
imprisonment can be imposed--
``(i) stating the specific reasons for the proposed
action; and
``(ii) including a file containing all evidence in
support of the proposed action;
``(B) 10 business days to answer the charges orally and in
writing and to furnish affidavits and other documentary
evidence in support of the answer;
``(C) be represented by an attorney or other
representative;
``(D) a review of the case by the Secretary before a
decision adverse to the employee is made final;
``(E) as soon as practicable, a decision of the Secretary
with respect to the charges of the employee; and
``(F) a written statement of the decision of the Secretary
that--
``(i) includes the specific reasons of the
decision; and
``(ii) in the case of a removal based on
performance, complies with section 4303(b)(1)(D) of
title 5.
``(2)(A) Subject to subparagraph (B) and subsection (e), any final
decision of the Secretary regarding removal under subsection (a) may be
appealed to the Merit Systems Protection Board.
``(B) An appeal under subparagraph (A) of a removal may only be
made if such appeal is made not later than 10 business days after the
date of such removal.
``(C)(i) Subject to clause (ii), the decision of the Secretary
shall be sustained under subparagraph (A) only if the Secretary's
decision--
``(I) in the case of an action based on performance, is
supported by substantial evidence; or
``(II) in any other case, is supported by a preponderance
of the evidence.
``(ii) Notwithstanding clause (i), the Secretary's decision may not
be sustained under subparagraph (A) if the covered individual--
``(I) shows harmful error in the application of the
Secretary's procedures in arriving at such decision;
``(II) shows that the decision was based on any prohibited
personnel practice described in section 2302(b) of title 5; or
``(III) shows that the decision was not in accordance with
law.
``(3) The procedures under section 7513(b) of title 5 and chapter
43 of such title shall not apply to a removal under this section.
``(d) Expedited Review.--(1) The Merit Systems Protection Board
shall promulgate such rules as the Board considers appropriate to
expedite appeals under subsection (c)(2).
``(2) The Board shall ensure that a final decision on an appeal
described in paragraph (1) is issued not later than 90 days after the
appeal is made.
``(3) During the period beginning on the date on which a covered
individual appeals a removal from the civil service under subsection
(c)(2) and ending on the date that the Board issues a final decision on
such appeal, such covered individual may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.
``(4) To the maximum extent practicable, the Secretary shall
provide to the Merit Systems Protection Board such information and
assistance as may be necessary to ensure an appeal under subsection
(c)(2) is expedited.
``(e) Relation to Title 5.--The authority provided by this section
is in addition to the authority provided by subchapter V of chapter 75
of title 5 and chapter 43 of such title.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means an individual
occupying a position at the Department but does not include--
``(A) an individual, as that term is defined in
section 713(d); or
``(B) a political appointee.
``(2) The term `misconduct' includes a violation of
paragraph (8) or (9) of section 2302(b) of title 5, neglect of
duty, malfeasance, or failure to accept a directed reassignment
or to accompany a position in a transfer of function.
``(3) The term `political appointee' means an individual
who is--
``(A) employed in a position described under
sections 5312 through 5316 of title 5 (relating to the
Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a) of title
5; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to
section 713 the following new item:
``714. Employees: removal based on performance or misconduct.''.
(2) Conforming.--
(A) Title 5.--Section 4303(f) of title 5, United
States Code, is amended--
(i) in paragraph (2), by striking ``or'' at
the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following:
``(4) any removal under section 714 of title 38.''.
(B) Title 38.--Subchapter V of chapter 74 of title
38, United States Code, is amended--
(i) in section 7461(b)(1), by striking ``If
the'' and inserting ``Except as provided in
section 714 of this title, if the''; and
(ii) in section 7462--
(I) in subsection (a)(1), by
striking ``Disciplinary'' and inserting
``Except as provided in section 714 of
this title, the Disciplinary''; and
(II) in subsection (b)(1), by
striking ``In any case'' and inserting
``Except as provided in section 714 of
this title, in any case''.
SEC. 112. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A THREAT
TO PUBLIC HEALTH OR SAFETY.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding after section 714 the following new section:
``Sec. 715. Employees: suspension and removal for performance or
misconduct that is a threat to public health or safety
``(a) Suspension and Removal.--Subject to subsections (b) and (c),
the Secretary may--
``(1) suspend without pay an employee of the Department of
Veterans Affairs if the Secretary determines the performance or
misconduct of the employee is a threat to public health or
safety, including the health and safety of veterans; and
``(2) remove an employee suspended under paragraph (1)
when, after such investigation and review as the Secretary
considers necessary, the Secretary determines that removal is
necessary in the interests of public health or safety.
``(b) Procedure.--An employee suspended under subsection (a)(1) is
entitled, after suspension and before removal, to--
``(1) within 30 days after suspension, a written statement
of the specific charges against the employee, which may be
amended within 30 days thereafter;
``(2) an opportunity within 30 days thereafter, plus an
additional 30 days if the charges are amended, to answer the
charges and submit affidavits;
``(3) a hearing, at the request of the employee, by a
Department authority duly constituted for this purpose;
``(4) a review of the case by the Secretary, before a
decision adverse to the employee is made final; and
``(5) written statement of the decision of the Secretary.
``(c) Relation to Other Disciplinary Rules.--The authority provided
under this section shall be in addition to the authority provided under
section 713 and title 5 with respect to disciplinary actions for
performance or misconduct.
``(d) Back Pay for Whistleblowers.--If any employee of the
Department of Veterans Affairs is subject to a suspension or removal
under this section and such suspension or removal is determined by an
appropriate authority under applicable law, rule, regulation, or
collective bargaining agreement to be a prohibited personnel practice
described under section 2302(b)(8) or (9) of title 5, such employee
shall receive back pay equal to the total amount of basic pay that such
employee would have received during the period that the suspension and
removal (as the case may be) was in effect, less any amounts earned by
the employee through other employment during that period.
``(e) Definitions.--In this section, the term `employee' means any
individual occupying a position within the Department of Veterans
Affairs under a permanent or indefinite appointment and who is not
serving a probationary or trial period.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to
section 714 the following new item:
``715. Employees: suspension and removal for performance or misconduct
that is a threat to public health or
safety.''.
(2) Conforming.--Section 4303(f) of title 5, United States
Code, is amended--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) any suspension or removal under section 715 of title
38.''.
(c) Report on Suspensions and Removals.--Not later than one year
after the date of the enactment of this Act, the Inspector General of
the Department of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on suspensions and removals of employees of the Department made
under section 715 of title 38, United States Code, as added by
subsection (a). Such report shall include, with respect to the period
covered by the report, the following:
(1) The number of employees who were suspended under such
section.
(2) The number of employees who were removed under such
section.
(3) A description of the threats to public health or safety
that caused such suspensions and removals.
(4) The number of such suspensions or removals, or proposed
suspensions or removals, that were of employees who filed a
complaint regarding--
(A) an alleged prohibited personnel practice
committed by an officer or employee of the Department
and described in section 2302(b)(8) or
2302(b)(9)(A)(i), (B), (C), or (D) of title 5, United
States Code; or
(B) the safety of a patient at a medical facility
of the Department.
(5) Of the number of suspensions and removals listed under
paragraph (4), the number that the Inspector General considers
to be retaliation for whistleblowing.
(6) The number of such suspensions or removals that were of
an employee who was the subject of a complaint made to the
Department regarding the health or safety of a patient at a
medical facility of the Department.
(7) Any recommendations by the Inspector General, based on
the information described in paragraphs (1) through (6), to
improve the authority to make such suspensions and removals.
SEC. 113. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Such chapter is further amended by inserting after
section 715, as added by section 111, the following new section:
``Sec. 717. Recoupment of bonuses or awards paid to employees of
Department
``(a) Recoupment.--Notwithstanding any other provision of law, the
Secretary may issue an order directing an employee of the Department to
repay the amount, or a portion of the amount, of any award or bonus
paid to the employee under title 5, including under chapter 45 or 53 of
such title, or this title if--
``(1) the Secretary determines--
``(A) the employee has committed an act of fraud,
waste, or malfeasance;
``(B) but for such act, the award or bonus would
have been paid at a lower amount or would not have
occurred; and
``(C) such repayment is appropriate pursuant to
regulations prescribed under subsection (c); and
``(2) before such repayment, the employee is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Review.--(1) Upon the issuance of an order by the Secretary
under subsection (a), the employee shall be afforded--
``(A) notice of the order and an opportunity to respond to
the order; and
``(B) consistent with paragraph (2), an opportunity to
appeal the order to another department or agency of the Federal
Government.
``(2) If a final decision on an appeal made under paragraph (1)(B)
is not made by the applicable department or agency of the Federal
Government within 30 days after receiving such appeal, the order of the
Secretary under subsection (a) shall be final and not subject to
further appeal.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 111, is further amended by
inserting after the item relating to section 715 the following new
item:
``717. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 717 of title 38, United States Code,
as added by subsection (a), shall apply with respect to acts of fraud,
waste, or malfeasance occurring on or after the date of the enactment
of this Act.
(d) Construction.--Nothing in this title or the amendments made by
this title may be construed to modify the certification issued by the
Office of Personnel Management and the Office of Management and Budget
regarding the performance appraisal system of the Senior Executive
Service of the Department of Veterans Affairs.
SEC. 114. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO OR ON BEHALF
OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Such chapter is further amended by adding at the
end the following new section:
``Sec. 719. Recoupment of relocation expenses paid on behalf of
employees of Department
``(a) Recoupment.--(1) Notwithstanding any other provision of law,
the Secretary may direct an employee of the Department to repay the
amount, or a portion of the amount, paid to or on behalf of the
employee under title 5 for relocation expenses, including any expenses
under section 5724 or 5724a of such title, or this title if--
``(A) the Secretary determines that--
``(i) the employee has committed an act of fraud,
waste, or malfeasance;
``(ii) but for such act, the expenses would have
been paid at a lower amount or would not have occurred;
and
``(iii) such repayment is appropriate pursuant to
regulations prescribed under subsection (c); and
``(B) before such repayment is ordered, the individual is
afforded--
``(i) notice of the determination of the Secretary
and an opportunity to respond to the determination; and
``(ii) consistent with paragraph (2), an
opportunity to appeal the determination to another
department or agency of the Federal Government.
``(2) If a final decision on an appeal made under paragraph
(1)(B)(ii) is not made by the applicable department or agency of the
Federal Government within 30 days after receiving such appeal, the
order of the Secretary under paragraph (1) shall be final and not
subject to further appeal.
``(b) Review.--A decision regarding a repayment by an employee
pursuant to subsection (a)(1)(B)(ii) is final and may not be reviewed
by any department, agency, or court.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following new
item:
``719. Recoupment of relocation expenses paid to or on behalf of
employees of Department.''.
(c) Effective Date.--Section 719 of title 38, United States Code,
as added by subsection (a), shall apply with respect to acts of fraud,
waste, or malfeasance occurring on or after the date of the enactment
of this Act.
(d) Construction.--Nothing in this section or the amendments made
by this section may be construed to modify the certification issued by
the Office of Personnel Management and the Office of Management and
Budget regarding the performance appraisal system of the Senior
Executive Service of the Department of Veterans Affairs.
Subtitle C--Supervisors and Senior Executives
SEC. 121. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Chapter 7 of title 38, United States Code,
is further amended by inserting after section 719, as added by
section 113, the following new section:
``Sec. 721. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--(1) The Secretary
shall order that the covered service of an individual removed from a
senior executive position for performance or misconduct under section
713 of this title, chapter 43 or subchapter V of chapter 75 of title 5,
or any other provision of law shall not be taken into account for
purposes of calculating an annuity with respect to such individual
under chapter 83 or chapter 84 of title 5, if--
``(A) such performance or misconduct included offenses
committed by the individual for which the individual is
convicted of a felony (and the conviction is final), as
determined by the Director of the Office of Personnel
Management; and
``(B) before such order is made, the individual is
afforded--
``(i) notice of the order and an opportunity to
respond to the order; and
``(ii) consistent with paragraph (2), an
opportunity to appeal the order to another department
or agency of the Federal Government.
``(2) If a final decision on an appeal made under paragraph
(1)(B)(ii) is not made by the applicable department or agency of the
Federal Government within 30 days after receiving such appeal, the
order of the Secretary under paragraph (1) shall be final and not
subject to further appeal.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action for performance or misconduct under section
713 of this title, chapter 43 or subchapter V of chapter 75 of title 5,
or any other provision of law but who leaves employment at the
Department prior to the issuance of a final decision with respect to
such action shall not be taken into account for purposes of calculating
an annuity with respect to such individual under chapter 83 or chapter
84 of title 5, if--
``(A) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(B) before such order is made, the individual is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(2) The Secretary shall make such an order not later than seven
days after the date of the conclusion of a hearing referred to in
paragraph (1)(B) that determines that such order is lawful.
``(c) Administrative Requirements.--(1) Not later than 30 days
after the Secretary issues an order under subsection (a) or (b), the
Director of the Office of Personnel Management shall recalculate the
annuity of the individual.
``(2) A decision regarding whether the covered service of an
individual shall be taken into account for purposes of calculating an
annuity under subsection (a) or (b) is final and may not be reviewed by
any department or agency or any court.
``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(e) Spouse or Children Exception.--The Secretary, in consultation
with the Director of the Office of Personnel Management, shall
prescribe regulations that may provide for the payment to the spouse or
children of any individual referred to in subsection (a) or (b) of any
amounts which (but for this subsection) would otherwise have been
nonpayable by reason of such subsections. Any such regulations shall be
consistent with the requirements of sections 8332(o)(5) and 8411(l)(5)
of title 5, as the case may be.
``(f) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer for performance or
misconduct under section 713 of this title, chapter 43 or
subchapter V of chapter 75 of title 5, or any other provision
of law, the period of service beginning on the date that the
Secretary determines under such applicable provision that the
individual engaged in activity that gave rise to such action
and ending on the date that the individual is removed or
transferred from the senior executive position or leaves
employment at the Department prior to the issuance of a final
decision with respect to such action, as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3) of this title.
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 719, as added by section
113, the following new item:
``721. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
(b) Application.--Section 721 of title 38, United States Code, as
added by subsection (a)(1), shall apply to any action of removal or
transfer under section 713 of title 38, United States Code, relating to
performance or misconduct occurring on or after the date of the
enactment of this Act.
SEC. 122. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO
IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES.
(a) Accountability of Senior Executives.--
(1) In general.--Section 713 of title 38, United States
Code, is amended to read as follows:
``Sec. 713. Accountability of senior executives
``(a) Authority.--(1) The Secretary may, as provided in this
section, reprimand or suspend, involuntarily reassign, demote, or
remove a covered individual from a senior executive position at the
Department if the Secretary determines that the misconduct or
performance of the covered individual warrants such action.
``(2) If the Secretary so removes such an individual, the Secretary
may remove the individual from the civil service (as defined in section
2101 of title 5).
``(b) Rights and Procedures.--(1) A covered individual who is the
subject of an action under subsection (a) is entitled to--
``(A) be represented by an attorney or other representative
of the covered individual's choice;
``(B) not fewer than 10 business days advance written
notice of the charges and evidence supporting the action and an
opportunity to respond, in a manner prescribed by the
Secretary, before a decision is made regarding the action; and
``(C) grieve the action in accordance with an internal
grievance process that the Secretary, in consultation with the
Assistant Secretary for Accountability and Whistleblower
Protection, shall establish for purposes of this subsection.
``(2)(A) The Secretary shall ensure that the grievance process
established under paragraph (1)(C) takes fewer than 21 days.
``(B) The Secretary shall ensure that, under the process
established pursuant to paragraph (1)(C), grievances are reviewed only
by employees of the Department.
``(3) A decision or grievance decision under paragraph (1)(C) shall
be final and conclusive.
``(4) A covered individual adversely affected by a final decision
under paragraph (1)(C) may obtain judicial review of the decision.
``(5) In any case in which judicial review is sought under
paragraph (4), the court shall review the record and may set aside any
Department action found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with a provision of law;
``(B) obtained without procedures required by a provision
of law having been followed; or
``(C) unsupported by substantial evidence.
``(c) Relation to Other Provisions of Law.--(1) The authority
provided by subsection (a) is in addition to the authority provided by
section 3592 or subchapter V of chapter 75 of title 5.
``(2) Section 3592(b)(1) of title 5 and the procedures under
section 7543(b) of such title do not apply to an action under
subsection (a).
``(d) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a career appointee (as that term is defined
in section 3132(a)(4) of title 5); or
``(B) any individual who occupies an administrative
or executive position and who was appointed under
section 7306(a) or section 7401(1) of this title.
``(2) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``(3) The term `senior executive position' means--
``(A) with respect to a career appointee (as that
term is defined in section 3132(a) of title 5), a
Senior Executive Service position (as such term is
defined in such section); and
``(B) with respect to a covered individual
appointed under section 7306(a) or section 7401(1) of
this title, an administrative or executive position.''.
(2) Conforming amendment.--Section 7461(c)(1) of such title
is amended by inserting ``employees in senior executive
positions (as defined in section 713(d) of this title) and''
before ``interns''.
(b) Performance Management.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a performance management system for employees in
senior executive positions, as defined in section 713(d) of
title 38, United States Code, as amended by subsection (a),
that ensures performance ratings and awards given to such
employees--
(A) meaningfully differentiate extraordinary from
satisfactory contributions; and
(B) substantively reflect organizational
achievements over which the employee has responsibility
and control.
(2) Regulations.--The Secretary shall prescribe regulations
to carry out paragraph (1).
Subtitle D--Other Matters
SEC. 131. ANNUAL REPORT ON PERFORMANCE OF REGIONAL OFFICES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
Section 7734 of title 38, United States Code, is amended--
(1) in the first sentence, by inserting before the period
the following: ``and on the performance of any regional office
that fails to meet its administrative goals'';
(2) in paragraph (2), by striking ``and'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) in the case of any regional office that, for the year
covered by the report, did not meet the administrative goal of
no claim pending for more than 125 days and an accuracy rating
of 98 percent--
``(A) a signed statement prepared by the individual
serving as director of the regional office as of the
date of the submittal of the report containing--
``(i) an explanation for why the regional
office did not meet the goal;
``(ii) a description of the additional
resources needed to enable the regional office
to reach the goal; and
``(iii) a description of any additional
actions planned for the subsequent year that
are proposed to enable the regional office to
meet the goal; and
``(B) a statement prepared by the Under Secretary
for Benefits explaining how the failure of the regional
office to meet the goal affected the performance
evaluation of the director of the regional office;
and''.
TITLE II--HEALTH CARE
Subtitle A--Access to Care
SEC. 201. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF
VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE
PROVIDERS.
(a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703A the following
new section:
``Sec. 1703B. Veterans Care Agreements
``(a) Agreements To Furnish Care.--(1) If the Secretary is not
feasibly able to furnish hospital care, medical services, or extended
care under this chapter at facilities of the Department or under
contracts or sharing agreements entered into under authorities other
than this section, the Secretary may furnish such care and services by
entering into agreements under this section with eligible providers
that are certified under subsection (c). An agreement entered into
under this section may be referred to as a `Veterans Care Agreement'.
``(2) The Secretary is not feasibly able to furnish care or
services as described in paragraph (1) if the Secretary determines that
the medical condition of the veteran, the travel involved, the nature
of the care or services required, or a combination of those factors
make the use of facilities of the Department, contracts, or sharing
agreements impracticable or inadvisable.
``(3) Eligibility of a veteran under this section for the care or
services described in paragraph (1) shall be determined as if such care
or services were furnished in a facility of the Department and
provisions of this title applicable to veterans receiving such care or
services in a facility of the Department shall apply to veterans
receiving such care or services under this section.
``(b) Eligible Providers.--For purposes of this section, an
eligible provider is one of the following:
``(1) A provider of services that has enrolled and entered
into a provider agreement under section 1866(a) of the Social
Security Act (42 U.S.C. 1395cc(a)).
``(2) A physician or supplier that has enrolled and entered
into a participation agreement under section 1842(h) of such
Act (42 U.S.C. 1395u(h)).
``(3) A provider of items and services receiving payment
under a State plan under title XIX of such Act (42 U.S.C. 1396
et seq.) or a waiver of such a plan.
``(4) A provider that is--
``(A) an Aging and Disability Resource Center, an
area agency on aging, or a State agency (as defined in
section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)); or
``(B) a center for independent living (as defined
in section 702 of the Rehabilitation Act of 1973 (29
U.S.C. 796a)).
``(5) Such other health care providers as the Secretary
considers appropriate for purposes of this section.
``(c) Certification of Eligible Providers.--(1) The Secretary shall
establish a process for the certification of eligible providers under
this section that shall, at a minimum, set forth the following:
``(A) Procedures for the submittal of applications for
certification and deadlines for actions taken by the Secretary
with respect to such applications.
``(B) Standards and procedures for approval and denial of
certification, duration of certification, revocation of
certification, and recertification.
``(C) Procedures for assessing eligible providers based on
the risk of fraud, waste, and abuse of such providers similar
to the level of screening under section 1866(j)(2)(B) of the
Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and the
standards set forth under section 9.104 of title 48, Code of
Federal Regulations, or any successor regulation.
``(2) The Secretary shall deny or revoke certification to an
eligible provider under this subsection if the Secretary determines
that the eligible provider is currently--
``(A) excluded from participation in a Federal health care
program (as defined in section 1128B(f) of the Social Security
Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the
Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or
``(B) identified as an excluded source on the list
maintained in the System for Award Management, or any successor
system.
``(d) Terms of Agreements.--Each agreement entered into with an
eligible provider under this section shall include provisions requiring
the eligible provider to do the following:
``(1) To accept payment for care and services furnished
under this section at rates established by the Secretary for
purposes of this section, which shall be, to the extent
practicable, the rates paid by the United States for such care
and services to providers of services and suppliers under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
``(2) To accept payment under paragraph (1) as payment in
full for care and services furnished under this section and to
not seek any payment for such care and services from the
recipient of such care and services.
``(3) To furnish under this section only the care and
services authorized by the Department under this section unless
the eligible provider receives prior written consent from the
Department to furnish care or services outside the scope of
such authorization.
``(4) To bill the Department for care and services
furnished under this section in accordance with a methodology
established by the Secretary for purposes of this section.
``(5) Not to seek to recover or collect from a health-plan
contract or third party, as those terms are defined in section
1729 of this title, for any care or services for which payment
is made by the Department under this section.
``(6) To provide medical records for veterans furnished
care or services under this section to the Department in a
timeframe and format specified by the Secretary for purposes of
this section.
``(7) To meet such other terms and conditions, including
quality of care assurance standards, as the Secretary may
specify for purposes of this section.
``(e) Termination of Agreements.--(1) An eligible provider may
terminate an agreement with the Secretary under this section at such
time and upon such notice to the Secretary as the Secretary may specify
for purposes of this section.
``(2) The Secretary may terminate an agreement with an eligible
provider under this section at such time and upon such notice to the
eligible provider as the Secretary may specify for purposes of this
section, if the Secretary--
``(A) determines that the eligible provider failed to
comply substantially with the provisions of the agreement or
with the provisions of this section and the regulations
prescribed thereunder;
``(B) determines that the eligible provider is--
``(i) excluded from participation in a Federal
health care program (as defined in section 1128B(f) of
the Social Security Act (42 U.S.C. 1320a-7b(f))) under
section 1128 or 1128A of the Social Security Act (42
U.S.C. 1320a-7 and 1320a-7a); or
``(ii) identified as an excluded source on the list
maintained in the System for Award Management, or any
successor system;
``(C) ascertains that the eligible provider has been
convicted of a felony or other serious offense under Federal or
State law and determines that the continued participation of
the eligible provider would be detrimental to the best
interests of veterans or the Department; or
``(D) determines that it is reasonable to terminate the
agreement based on the health care needs of a veteran or
veterans.
``(f) Periodic Review of Certain Agreements.--(1) Not less
frequently than once every two years, the Secretary shall review each
Veterans Care Agreement of material size entered into during the two-
year period preceding the review to determine whether it is feasible
and advisable to furnish the hospital care, medical services, or
extended care furnished under such agreement at facilities of the
Department or through contracts or sharing agreements entered into
under authorities other than this section.
``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is
of material size as determined by the Secretary for purposes of this
section.
``(B) A Veterans Care Agreement entered into after September 30,
2016, for the purchase of extended care services is of material size if
the purchase of such services under the agreement exceeds $1,000,000
annually. The Secretary may adjust such amount to account for changes
in the cost of health care based upon recognized health care market
surveys and other available data and shall publish any such adjustments
in the Federal Register.
``(g) Exclusion of Certain Federal Contracting Provisions.--(1) An
agreement under this section may be entered into without regard to any
law that would require the Secretary to use competitive procedures in
selecting the party with which to enter into the agreement.
``(2)(A) Except as provided in subparagraph (B) and unless
otherwise provided in this section or in regulations prescribed
pursuant to this section, an eligible provider that enters into an
agreement under this section is not subject to, in the carrying out of
the agreement, any law to which providers of services and suppliers
under the Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) are not subject.
``(B) An eligible provider that enters into an agreement under this
section is subject to--
``(i) all laws regarding integrity, ethics, fraud, or that
subject a person to civil or criminal penalties; and
``(ii) all laws that protect against employment
discrimination or that otherwise ensure equal employment
opportunities.
``(h) Monitoring of Quality of Care.--The Secretary shall establish
a system or systems, consistent with survey and certification
procedures used by the Centers for Medicare & Medicaid Services and
State survey agencies to the extent practicable--
``(1) to monitor the quality of care and services furnished
to veterans under this section; and
``(2) to assess the quality of care and services furnished
by an eligible provider for purposes of determining whether to
renew an agreement under this section with the eligible
provider.
``(i) Dispute Resolution.--(1) The Secretary shall establish
administrative procedures for eligible providers with which the
Secretary has entered an agreement under this section to present any
dispute arising under or related to the agreement.
``(2) Before using any dispute resolution mechanism under chapter
71 of title 41 with respect to a dispute arising under an agreement
under this section, an eligible provider must first exhaust the
administrative procedures established by the Secretary under paragraph
(1).''.
(b) Regulations.--The Secretary of Veterans Affairs shall prescribe
an interim final rule to carry out section 1703B of such title, as
added by subsection (a), not later than one year after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item related
to section 1703A the following new item:
``1703B. Veterans Care Agreements.''.
SEC. 202. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE
HOMES TO PROVIDE NURSING HOME CARE.
(a) Use of Agreements.--
(1) In general.--Paragraph (1) of subsection (a) of section
1745 of title 38, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``a contract (or
agreement under section 1720(c)(1) of this title)'' and
inserting ``an agreement''.
(2) Payment.--Paragraph (2) of such subsection is amended
by striking ``contract (or agreement)'' each place it appears
and inserting ``agreement''.
(b) Exclusion of Certain Federal Contracting Provisions.--Such
subsection is further amended by adding at the end the following new
paragraph:
``(4)(A) An agreement under this section may be entered into
without regard to any law that would require the Secretary to use
competitive procedures in selecting the party with which to enter into
the agreement.
``(B)(i) Except as provided in clause (ii) and unless otherwise
provided in this section or in regulations prescribed pursuant to this
section, a State home that enters into an agreement under this section
is not subject to, in the carrying out of the agreement, any law to
which providers of services and suppliers under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
are not subject.
``(ii) A State home that enters into an agreement under this
section is subject to--
``(I) all laws regarding integrity, ethics, fraud, or that
subject a person to civil or criminal penalties; and
``(II) all laws that protect against employment
discrimination or that otherwise ensure equal employment
opportunities.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to agreements entered into under section 1745 of such
title on and after the date on which the regulations prescribed
by the Secretary of Veterans Affairs to implement such
amendments take effect.
(2) Publication.--The Secretary shall publish the date
described in paragraph (1) in the Federal Register not later
than 30 days before such date.
SEC. 203. REQUIREMENT FOR ADVANCE APPROPRIATIONS FOR THE CARE IN THE
COMMUNITY ACCOUNT OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 117(c) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(7) Veterans Health Administration, Care in the
Community.''.
(b) Conforming Amendment.--Section 1105(a)(37) of title 31, United
States Code, is amended by adding at the end the following new
subparagraph:
``(G) Veterans Health Administration, Care in the
Community.''.
(c) Applicability.--The amendments made by this section shall apply
to fiscal years beginning on and after October 1, 2016.
SEC. 204. ANNUAL TRANSFER OF AMOUNTS WITHIN DEPARTMENT OF VETERANS
AFFAIRS TO PAY FOR HEALTH CARE FROM NON-DEPARTMENT
PROVIDERS.
Section 106 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended by adding
at the end the following new subsection:
``(c) Annual Transfer of Amounts.--
``(1) In general.--At the beginning of each fiscal year,
the Secretary of Veterans Affairs shall transfer to the Chief
Business Office of the Veterans Health Administration an amount
equal to the amount estimated to be required to furnish
hospital care, medical services, and other health care through
non-Department of Veterans Affairs providers during that fiscal
year.
``(2) Adjustments.--During a fiscal year, the Secretary may
make adjustments to the amount transferred under paragraph (1)
for that fiscal year to accommodate any variances in demand for
hospital care, medical services, or other health care through
non-Department providers.''.
SEC. 205. ELIMINATION OF REQUIREMENT TO ACT AS SECONDARY PAYER FOR CARE
RELATING TO NON-SERVICE-CONNECTED DISABILITIES UNDER
CHOICE PROGRAM.
(a) In General.--Section 101(e) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is
amended--
(1) by striking paragraphs (2) and (3);
(2) by redesignating paragraph (4) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Responsibility for costs of certain care.--In any
case in which an eligible veteran is furnished hospital care or
medical services under this section for a non-service-connected
disability described in subsection (a)(2) of section 1729 of
title 38, United States Code, the Secretary may recover or
collect reasonable charges for such care or services from a
health-care plan described in paragraph (3) in accordance with
such section.''.
(b) Conforming Amendment.--Paragraph (1) of such section is amended
by striking ``paragraph (4)'' and inserting ``paragraph (3)''.
SEC. 206. AUTHORIZATION OF USE OF CERTAIN AMOUNTS APPROPRIATED TO THE
VETERANS CHOICE FUND FOR OTHER NON-DEPARTMENT OF VETERANS
AFFAIRS CARE.
(a) In General.--Section 802 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided by
paragraph (3), any'' and inserting ``Any''; and
(ii) by striking ``by the Secretary of
Veterans Affairs'' and all that follows through
the period at the end and inserting ``by the
Secretary of Veterans Affairs--
``(A) to carry out section 101, including, subject
to paragraph (2), any administrative requirements of
such section;
``(B) to furnish health care to individuals under
chapter 17 of title 38, United States Code, at non-
Department facilities, including pursuant to authority
other than the authority under section 101; and
``(C) to furnish disability examinations conducted
by health care providers that are not health care
providers of the Department of Veterans Affairs.''; and
(B) by striking paragraph (3) and inserting the
following new paragraphs:
``(3) Treatment of amounts.--Amounts made available to the
Secretary under this subsection shall be used to supplement,
not supplant, amounts made available to the Secretary in the
Medical Services account of the Department of Veterans Affairs.
``(4) Non-department facilities defined.--In this
subsection, the term `non-Department facilities' has the
meaning given that term in section 1701 of title 38, United
States Code.''; and
(2) in subsection (d)(1), by striking ``only for the
program'' and all that follows through the period at the end
and inserting ``only for the purposes specified in subsection
(c)(1).''.
(b) Emergency Designations.--
(1) In general.--This section is designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
SEC. 207. MODIFICATION OF PROCESS THROUGH WHICH DEPARTMENT OF VETERANS
AFFAIRS RECORDS OBLIGATIONS FOR NON-DEPARTMENT CARE.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1730B. Recording obligations for care at non-Department
facilities
``The Secretary may record as an obligation of the United States
Government amounts owed for hospital care or medical services furnished
under this chapter at non-Department facilities on the date on which a
claim by a health care provider for payment is approved rather than on
the date that the hospital care or medical services are authorized by
the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:
``1730B. Recording obligations for care at non-Department
facilities.''.
SEC. 208. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO
RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.
Section 7332(b)(2) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(H) To a non-Department entity (including private
entities and other departments or agencies of the Federal
Government) that provides hospital care or medical treatment to
veterans.''.
SEC. 209. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH
CARE AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 1730C. Child care assistance for veterans receiving mental
health care and other intensive health care services
``(a) In General.--The Secretary shall provide child care
assistance to an eligible veteran for any period that the veteran--
``(1) receives covered health care services at a facility
of the Department; and
``(2) is required travel to and return from such facility
for the receipt of such health care services.
``(b) Child Care Assistance.--(1) Child care assistance provided
under this section may include any of the following:
``(A) A stipend for the payment of child care offered by a
licensed child care center (either directly or through a
voucher program) which shall be, to the extent practicable,
modeled after the Department of Veterans Affairs Child Care
Subsidy Program established pursuant to section 590 of title
40.
``(B) Direct provision of child care at an on-site facility
of the Department.
``(C) A payment made directly to a private child care
agency.
``(D) A collaboration with a facility or program of another
Federal department or agency.
``(E) Such other form of assistance as the Secretary
considers appropriate.
``(2) In the case that child care assistance under this section is
provided as a stipend under paragraph (1)(A), such stipend shall cover
the full cost of such child care.
``(c) Definitions.--In this section:
``(1) The term `eligible veteran' means a veteran who--
``(A) is the primary caretaker of a child or
children; and
``(B) is--
``(i) receiving covered health care
services from the Department; or
``(ii) in need of covered health care
services, and but for lack of child care
services, would receive such covered health
care services from the Department.
``(2) The term `covered health care services' means--
``(A) regular mental health care services;
``(B) intensive mental health care services; or
``(C) such other intensive health care services
that the Secretary determines that provision of
assistance to the veteran to obtain child care would
improve access to such health care services by the
veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1730B, as added by section 207, the following new item:
``1730C. Child care for veterans receiving mental health care and other
intensive health care services.''.
Subtitle B--Expansion of Care
SEC. 211. IN VITRO FERTILIZATION FOR CERTAIN DISABLED VETERANS.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720H. In vitro fertilization for certain disabled veterans
``(a) In General.--In addition to any fertility treatment otherwise
furnished by the Secretary under this title, if the Secretary
determines that in vitro fertilization is medically necessary, the
Secretary shall furnish in vitro fertilization to the covered
individual upon the joint request of the covered individual and the
spouse of the covered individual.
``(b) Limitation on Cycles and Attempts.--In furnishing in vitro
fertilization to a covered individual under this section, the Secretary
may provide not more than three in vitro fertilization cycles that
result in a total of not more than six implantation attempts.
``(c) Storage and Disposition of Gametes, Zygotes, and Embryos.--
(1) In carrying out this section, the Secretary may provide for
cryogenic storage of the gametes, zygotes, and embryos of a covered
individual only for a period not to exceed three years.
``(2) During the period of cryogenic storage of the gametes,
zygotes, or embryos of a covered individual under paragraph (1)--
``(A) any determination regarding the disposition of the
gametes, zygotes, or embryos shall be made by the covered
individual in accordance with the laws of the State in which
the gametes, zygotes, or embryos are located; and
``(B) the Secretary shall ensure that any activities
relating to the custody or disposition of the gametes, zygotes,
or embryos are carried out in accordance with the laws of the
State in which the gametes, zygotes, or embryos are located.
``(3) After the period of cryogenic storage of the gametes,
zygotes, or embryos of a covered individual under paragraph (1), the
covered individual--
``(A) shall be solely responsible for--
``(i) the custody of the gametes, zygotes, or
embryos; and
``(ii) the payment of any costs relating to the
cryogenic storage of the gametes, zygotes, or embryos;
and
``(B) shall, with respect to any action or inaction by the
covered individual relating to custody under subparagraph
(A)(i) or costs under subparagraph (A)(ii), be subject to the
laws of the State in which the gametes, zygotes, or embryos are
located.
``(4) The Secretary may not possess or store the gametes, zygotes,
or embryos of a covered individual at a facility of the Department.
``(d) Prohibitions.--In carrying out this section, the Secretary
may not--
``(1) provide any benefits or services relating to
surrogacy;
``(2) furnish in vitro fertilization that includes
mitochondrial donation;
``(3) assist with obtaining a donation of gametes, zygotes,
or embryos from a third party; or
``(4) use gametes, zygotes, or embryos for research or
cloning.
``(e) Acknowledgment of Requirements.--The Secretary may not
furnish in vitro fertilization to a covered individual under this
section unless the covered individual acknowledges, in writing--
``(1) the limitation described in subsection (b); and
``(2) the period of cryogenic storage of gametes, zygotes,
and embryos described in subsection (c)(1) and the
responsibilities of the covered individual under subsection
(c)(3) after such period.
``(f) Annual Report.--(1) Not later than one year after the date of
the enactment of the Women Veterans and Families Health Services Act of
2015, and not less frequently than annually 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 in vitro fertilization furnished to covered individuals under
this section.
``(2) Each report submitted under paragraph (1) shall include the
following:
``(A) With respect to the year preceding the submittal of
the report, the following:
``(i) The number of covered individuals who sought
in vitro fertilization under this section.
``(ii) An identification, in aggregate form and
excluding individually identifying information, of the
service-connected conditions described in subsection
(g)(1)(A)(ii) of such covered individuals.
``(iii) The cost of furnishing in vitro
fertilization under this section and a comparison of
such cost to the cost to a covered individual of
obtaining in vitro fertilization through the private
sector without assistance from the Department.
``(iv) The number of successful implantations or
births that occurred through the use of in vitro
fertilization furnished under this section.
``(v) The number of individuals that the Secretary
determined were ineligible for in vitro fertilization
furnished under this section, including the reasons for
such ineligibility.
``(B) The total number, in aggregate form and excluding
individually identifying information, of in vitro fertilization
cycles and implantation attempts furnished to covered
individuals under this section and the total number of such
cycles and attempts that such covered individuals have
remaining.
``(g) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a veteran, regardless of sex, who--
``(i) is enrolled in the system of annual
patient enrollment established and operated by
the Secretary under section 1705(a) of this
title; and
``(ii) has a service-connected condition
and such condition results in the veteran being
unable to procreate without the use of in vitro
fertilization; and
``(B) a spouse of a veteran described in
subparagraph (A).
``(2) The term `service-connected condition' means a
condition that was incurred or aggravated in line of duty in
the active military, naval, or air service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1720G the following new item:
``1720H. In vitro fertilization for certain disabled veterans.''.
SEC. 212. ADOPTION ASSISTANCE FOR CERTAIN DISABLED VETERANS.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 1720I. Adoption assistance for certain disabled veterans
``(a) In General.--The Secretary may pay an amount, not to exceed
the limitation amount, to assist a covered veteran and the spouse of
the covered veteran, if any, in the adoption of one or more children.
``(b) Definitions.--In this section:
``(1) The term `covered veteran' means a veteran,
regardless of sex, who--
``(A) is enrolled in the system of annual patient
enrollment established and operated by the Secretary
under section 1705(a) of this title; and
``(B) has a service-connected condition and such
condition results in the veteran being unable to
procreate without the use of in vitro fertilization.
``(2) The term `limitation amount' means the amount equal
to the cost the Department would incur by paying the expenses
of three adoptions by covered veterans, as determined by the
Secretary.
``(3) The term `service-connected condition' means a
condition that was incurred or aggravated in line of duty in
the active military, naval, or air service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is further amended by inserting after the item
relating to section 1720H the following new item:
``1720I. Adoption assistance for certain disabled veterans.''.
SEC. 213. EXPANSION OF ELIGIBILITY FOR PARTICIPATION IN AND SERVICES
PROVIDED UNDER FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Family Caregiver Program.--
(1) Expansion of eligibility.--Subsection (a)(2)(B) of
section 1720G of title 38, United States Code, is amended by
striking ``on or after September 11, 2001''.
(2) Clarification of eligibility for illness.--Such
subsection is further amended by inserting ``or illness'' after
``serious injury''.
(3) Expansion of needed services in eligibility criteria.--
Subsection (a)(2)(C) of such section is amended--
(A) in clause (ii), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following
new clause (iii):
``(iii) a need for regular or extensive instruction
or supervision without which the ability of the veteran
to function in daily life would be seriously impaired;
or''.
(4) Expansion of services provided.--Subsection
(a)(3)(A)(ii) of such section is amended--
(A) in subclause (IV), by striking ``; and'' and
inserting a semicolon;
(B) in subclause (V), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
subclauses:
``(VI) child care services or a monthly stipend for
such services if such services are not readily
available from the Department;
``(VII) financial planning services relating to the
needs of injured and ill veterans and their caregivers;
and
``(VIII) legal services, including legal advice and
consultation, relating to the needs of injured and ill
veterans and their caregivers.''.
(5) Expansion of respite care provided.--Subsection
(a)(3)(B) of such section is amended by striking ``shall be''
and all that follows through the period at the end and
inserting ``shall--
``(i) be medically and age-appropriate;
``(ii) include in-home care; and
``(iii) include peer-oriented group activities.''.
(6) Modification of stipend calculation.--Subsection
(a)(3)(C) of such section is amended--
(A) by redesignating clause (iii) as clause (iv);
and
(B) by inserting after clause (ii) the following
new clause (iii):
``(iii) In determining the amount and degree of personal care
services provided under clause (i) with respect to an eligible veteran
whose need for personal care services is based in whole or in part on a
need for supervision or protection under paragraph (2)(C)(ii) or
regular instruction or supervision under paragraph (2)(C)(iii), the
Secretary shall take into account the following:
``(I) The assessment by the family caregiver of the needs
and limitations of the veteran.
``(II) The extent to which the veteran can function safely
and independently in the absence of such supervision,
protection, or instruction.
``(III) The amount of time required for the family
caregiver to provide such supervision, protection, or
instruction to the veteran.''.
(7) Periodic evaluation of need for certain services.--
Subsection (a)(3) of such section is amended by adding at the
end the following new subparagraph:
``(D) In providing instruction, preparation, and training under
subparagraph (A)(i)(I) and technical support under subparagraph
(A)(i)(II) to each family caregiver who is approved as a provider of
personal care services for an eligible veteran under paragraph (6), the
Secretary shall periodically evaluate the needs of the eligible veteran
and the skills of the family caregiver of such veteran to determine if
additional instruction, preparation, training, or technical support
under those subparagraphs is necessary.''.
(8) Use of primary care teams.--Subsection (a)(5) of such
section is amended, in the matter preceding subparagraph (A),
by inserting ``(in collaboration with the primary care team for
the eligible veteran to the maximum extent practicable)'' after
``evaluate''.
(9) Eligibility of and assistance for family caregivers.--
Subsection (a) of such section is amended by adding at the end
the following new paragraphs:
``(11) Notwithstanding any other provision of this subsection, a
family caregiver of an eligible veteran who is eligible under paragraph
(2) solely because of a serious injury or illness (including traumatic
brain injury, psychological trauma, or other mental disorder) incurred
or aggravated in the line of duty in the active military, naval, or air
service before September 11, 2001, is eligible for assistance under
this subsection as follows:
``(A) Not earlier than October 1, 2016, if the family
caregiver would merit a monthly personal caregiver stipend
under paragraph (3)(A)(ii)(V) in an amount that is in the
highest tier specified in the schedule established by the
Secretary under paragraph (3)(C)(i).
``(B) Not earlier than October 1, 2018, if the family
caregiver would merit such a stipend in an amount that is in
the middle tier specified in such schedule.
``(C) Not earlier than October 1, 2020, if the family
caregiver would merit such a stipend in an amount that is in
the lowest tier specified in such schedule.
``(12)(A) In providing assistance under this subsection to family
caregivers of eligible veterans, the Secretary may enter into
contracts, provider agreements, and memoranda of understanding with
Federal agencies, States, and private, nonprofit, and other entities to
provide such assistance to such family caregivers.
``(B) The Secretary may provide assistance under this paragraph
only if such assistance is reasonably accessible to the family
caregiver and is substantially equivalent or better in quality to
similar services provided by the Department.
``(C) The Secretary may provide fair compensation to Federal
agencies, States, and other entities that provide assistance under this
paragraph.
``(D) In carrying out this paragraph, the Secretary shall work with
the interagency working group on policies relating to caregivers of
veterans and members of the Armed Forces established under section 7 of
the Military and Veteran Caregiver Services Improvement Act of 2015.''.
(b) Termination of General Caregiver Support Program.--
(1) In general.--Subsection (b) of such section is amended
by adding at the end the following new paragraph:
``(6) The authority of the Secretary to provide support services
for caregivers of covered veterans under this subsection shall
terminate on October 1, 2020.''.
(2) Continuation of certain assistance.--The Secretary of
Veterans Affairs shall ensure that any activities carried out
under subsection (b) of such section on September 30, 2020, are
continued under subsection (a) of such section on and after
October 1, 2020.
(c) Modification of Definition of Family Member.--Subparagraph (B)
of subsection (d)(3) of such section is amended to read as follows:
``(B) is not a member of the family of the veteran
and does not provide care to the veteran on a
professional basis.''.
(d) Modification of Definition of Personal Care Services.--
Subsection (d)(4) of such section is amended--
(1) in subparagraph (A), by striking ``independent'';
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Supervision or protection based on symptoms
or residuals of neurological or other impairment or
injury.
``(C) Regular or extensive instruction or
supervision without which the ability of the veteran to
function in daily life would be seriously impaired.''.
(e) Annual Evaluation Report.--Paragraph (2) of section 101(c) of
the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public
Law 111-163; 38 U.S.C. 1720G note) is amended to read as follows:
``(2) Contents.--Each report required by paragraph (1)
after the date of the enactment of the Military and Veteran
Caregiver Services Improvement Act of 2015 shall include the
following with respect to the program of comprehensive
assistance for family caregivers required by subsection (a)(1)
of such section 1720G:
``(A) The number of family caregivers that received
assistance under such program.
``(B) The cost to the Department of providing
assistance under such program.
``(C) A description of the outcomes achieved by,
and any measurable benefits of, carrying out such
program.
``(D) An assessment of the effectiveness and the
efficiency of the implementation of such program,
including a description of any barriers to accessing
and receiving care and services under such program.
``(E) A description of the outreach activities
carried out by the Secretary under such program.
``(F) An assessment of the manner in which
resources are expended by the Secretary under such
program, particularly with respect to the provision of
monthly personal caregiver stipends under subsection
(a)(3)(A)(ii)(V) of such section 1720G.
``(G) An evaluation of the sufficiency and
consistency of the training provided to family
caregivers under such program in preparing family
caregivers to provide care to veterans under such
program.
``(H) Such recommendations, including
recommendations for legislative or administrative
action, as the Secretary considers appropriate in light
of carrying out such program.''.
SEC. 214. AUTHORITY TO TRANSFER ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE TO FAMILY MEMBERS BY SERIOUSLY INJURED
VETERANS IN NEED OF PERSONAL CARE SERVICES.
(a) In General.--Subchapter II of chapter 33 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3319A. Authority to transfer unused education benefits to family
members by seriously injured veterans
``(a) In General.--Subject to the provisions of this section, the
Secretary may permit an individual described in subsection (b) who is
entitled to educational assistance under this chapter to elect to
transfer to one or more of the dependents specified in subsection (c) a
portion of such individual's entitlement to such assistance, subject to
the limitation under subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any individual who is described in paragraph (2) of
section 1720G(a) of this title and who is participating in the program
established under paragraph (1) of such section.
``(c) Eligible Dependents.--An individual approved to transfer an
entitlement to educational assistance under this section may transfer
the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--(1) The total number of
months of entitlement transferred by an individual under this section
may not exceed 36 months.
``(2) The Secretary may prescribe regulations that would limit the
months of entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--An individual transferring an
entitlement to educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1) Transfer
of entitlement to educational assistance under this section shall be
subject to the time limitation for use of entitlement under section
3321 of this title.
``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
``(B) The modification or revocation of the transfer of entitlement
under this paragraph shall be made by the submittal of written notice
of the action to the Secretary.
``(3) Entitlement transferred under this section may not be treated
as marital property, or the asset of a marital estate, subject to
division in a divorce or other civil proceeding.
``(g) Commencement of Use.--A dependent child to whom entitlement
to educational assistance is transferred under this section may not
commence the use of the transferred entitlement until either--
``(1) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(2) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to educational assistance transferred under this section
shall be charged against the entitlement of the individual making the
transfer at the rate of one month for each month of transferred
entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (5) and (6), a dependent to whom entitlement is transferred
under this section is entitled to educational assistance under this
chapter in the same manner as the individual from whom the entitlement
was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement referred to in paragraph (2) is
transferred under this section shall be payable at the same rate as
such entitlement would otherwise be payable under this chapter to the
individual making the transfer.
``(4) The death of an individual transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(5)(A) A child to whom entitlement is transferred under this
section may use the benefits transferred without regard to the 15-year
delimiting date specified in section 3321 of this title, but may not,
except as provided in subparagraph (B), use any benefits so transferred
after attaining the age of 26 years.
``(B)(i) Subject to clause (ii), in the case of a child who, before
attaining the age of 26 years, is prevented from pursuing a chosen
program of education by reason of acting as the primary provider of
personal care services for a veteran or member of the Armed Forces
under section 1720G(a) of this title, the child may use the benefits
beginning on the date specified in clause (iii) for a period whose
length is specified in clause (iv).
``(ii) Clause (i) shall not apply with respect to the period of an
individual as a primary provider of personal care services if the
period concludes with the revocation of the individual's designation as
such a primary provider under section 1720G(a)(7)(D) of this title.
``(iii) The date specified in this clause for the beginning of the
use of benefits by a child under clause (i) is the later of--
``(I) the date on which the child ceases acting as the
primary provider of personal care services for the veteran or
member concerned as described in clause (i);
``(II) the date on which it is reasonably feasible, as
determined under regulations prescribed by the Secretary, for
the child to initiate or resume the use of benefits; or
``(III) the date on which the child attains the age of 26
years.
``(iv) The length of the period specified in this clause for the
use of benefits by a child under clause (i) is the length equal to the
length of the period that--
``(I) begins on the date on which the child begins acting
as the primary provider of personal care services for the
veteran or member concerned as described in clause (i); and
``(II) ends on the later of--
``(aa) the date on which the child ceases acting as
the primary provider of personal care services for the
veteran or member as described in clause (i); or
``(bb) the date on which it is reasonably feasible,
as so determined, for the child to initiate or resume
the use of benefits.
``(6) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(7) The administrative provisions of this chapter shall apply to
the use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as
the eligible individual for purposes of such provisions.
``(i) Overpayment.--In the event of an overpayment of educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the individual making
the transfer shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section 3685 of this
title.
``(j) Regulations.--(1) The Secretary shall prescribe regulations
to carry out this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).''.
(b) Conforming Amendments.--
(1) Transfers by members of armed forces.--The heading of
section 3319 of such title is amended by inserting ``by members
of the Armed Forces'' after ``family members''.
(2) Bar to duplication of educational assistance
benefits.--Section 3322(e) of such title is amended by
inserting ``or 3319A'' after ``and 3319''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of such title is amended by striking the item relating to
section 3319 and inserting the following new items:
``3319. Authority to transfer unused education benefits to family
members by members of the Armed Forces.
``3319A. Authority to transfer unused education benefits to family
members by seriously injured veterans.''.
SEC. 215. ENHANCEMENT OF SPECIAL COMPENSATION FOR MEMBERS OF THE
UNIFORMED SERVICES WITH INJURIES OR ILLNESSES REQUIRING
ASSISTANCE IN EVERYDAY LIVING.
(a) Expansion of Covered Members.--Subsection (b) of section 439 of
title 37, United States Code, is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following new paragraphs:
``(1) has a serious injury or illness that was incurred or
aggravated in the line of duty;
``(2) is in need of personal care services (including
supervision or protection or regular instruction or
supervision) as a result of such injury or illness; and''; and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Nontaxability of Special Compensation.--Such section is further
amended--
(1) by redesignating subsections (e), (f), (g), and (h) as
subsections (g), (h), (i), and (j), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Nontaxability of Compensation.--Monthly special compensation
paid under subsection (a) shall not be included in income for purposes
of the Internal Revenue Code of 1986.''.
(c) Provision of Assistance to Family Caregivers.--Such section is
further amended by inserting after subsection (e), as amended by
subsection (b) of this section, the following new subsection (f):
``(f) Assistance for Family Caregivers.--(1) The Secretary of
Veterans Affairs shall provide family caregivers of a member in receipt
of monthly special compensation under subsection (a) the assistance
required to be provided to family caregivers of eligible veterans under
section 1720G(a)(3)(A) of title 38 (other than the monthly personal
caregiver stipend provided for in clause (ii)(V) of such section). For
purposes of the provision of such assistance under this subsection, the
definitions in section 1720G(d) of title 38 shall apply, except that
any reference in such definitions to a veteran or eligible veteran
shall be deemed to be a reference to the member concerned.
``(2) The Secretary of Veterans Affairs shall provide assistance
under this subsection--
``(A) in accordance with a memorandum of understanding
entered into by the Secretary of Veterans Affairs and the
Secretary of Defense; and
``(B) in accordance with a memorandum of understanding
entered into by the Secretary of Veterans Affairs and the
Secretary of Homeland Security (with respect to members of the
Coast Guard).''.
(d) Expansion of Covered Injuries and Illnesses.--Subsection (i) of
such section, as redesignated by subsection (b)(1) of this section, is
amended to read as follows:
``(i) Serious Injury or Illness Defined.--In this section, the term
`serious injury or illness' means an injury, disorder, or illness
(including traumatic brain injury, psychological trauma, or other
mental disorder) that--
``(1) renders the afflicted person unable to carry out one
or more activities of daily living;
``(2) renders the afflicted person in need of supervision
or protection due to the manifestation by such person of
symptoms or residuals of neurological or other impairment or
injury;
``(3) renders the afflicted person in need of regular or
extensive instruction or supervision in completing two or more
instrumental activities of daily living; or
``(4) otherwise impairs the afflicted person in such manner
as the Secretary of Defense (or the Secretary of Homeland
Security, with respect to the Coast Guard) prescribes for
purposes of this section.''.
(e) Clerical Amendments.--
(1) Heading amendment.--The heading for such section is
amended to read as follows:
``Sec. 439. Special compensation: members of the uniformed services
with serious injuries or illnesses requiring assistance
in everyday living''.
(2) Table of sections amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by striking
the item relating to section 439 and inserting the following
new item:
``439. Special compensation: members of the uniformed services with
serious injuries or illnesses requiring
assistance in everyday living.''.
SEC. 216. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN FEDERAL EMPLOYEES.
(a) Definition of Covered Employee.--In this section, the term
``covered employee'' means an employee (as defined in section 2105 of
title 5, United States Code) who--
(1) is a caregiver, as defined in section 1720G of title
38, United States Code; or
(2) is a caregiver of an individual who receives
compensation under section 439 of title 37, United States Code.
(b) Authority To Allow Flexible Work Arrangements.--The Director of
the Office of Personnel Management may promulgate regulations under
which a covered employee may--
(1) use a flexible schedule or compressed schedule in
accordance with subchapter II of chapter 61 of title 5, United
States Code; or
(2) telework in accordance with chapter 65 of title 5,
United States Code.
SEC. 217. LIFESPAN RESPITE CARE.
(a) Definitions.--Section 2901 of the Public Health Service Act (42
U.S.C. 300ii) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
realigning the margins accordingly;
(B) by striking ``who requires care or supervision
to--'' and inserting ``who--
``(A) requires care or supervision to--'';
(C) by striking the period and inserting ``; or'';
and
(D) by adding at the end the following:
``(B) is a veteran participating in the program of
comprehensive assistance for family caregivers under
section 1720G(a) of title 38, United States Code.'';
and
(2) in paragraph (5), by striking ``or another unpaid
adult,'' and inserting ``another unpaid adult, or a family
caregiver as defined in section 1720G of title 38, United
States Code, who receives compensation under such section,''.
(b) Grants and Cooperative Agreements.--Section 2902(c) of the
Public Health Service Act (42 U.S.C. 300ii-1(c)) is amended by
inserting ``and the interagency working group on policies relating to
caregivers of veterans established under section 7 of the Military and
Veteran Caregiver Services Improvement Act of 2015'' after ``Human
Services''.
(c) Authorization of Appropriations.--Section 2905 of the Public
Health Service Act (42 U.S.C. 300ii-4) is amended by striking ``There
are'' and all that follows through ``2011.'' and inserting ``There are
authorized to be appropriated to carry out this title $15,000,000 for
each of fiscal years 2016 through 2020.''.
SEC. 218. INTERAGENCY WORKING GROUP ON CAREGIVER POLICY.
(a) Establishment.--There shall be established in the executive
branch an interagency working group on policies relating to caregivers
of veterans and members of the Armed Forces (in this section referred
to as the ``working group'').
(b) Composition.--
(1) In general.--The working group shall be composed of the
following:
(A) A chair selected by the President.
(B) A representative from each of the following
agencies or organizations selected by the head of such
agency or organization:
(i) The Department of Veterans Affairs.
(ii) The Department of Defense.
(iii) The Department of Health and Human
Services.
(iv) The Department of Labor.
(v) The Centers for Medicare and Medicaid
Services.
(2) Advisors.--The chair may select any of the following
individuals that the chair considers appropriate to advise the
working group in carrying out the duties of the working group:
(A) Academic experts in fields relating to
caregivers.
(B) Clinicians.
(C) Caregivers.
(D) Individuals in receipt of caregiver services.
(c) Duties.--The duties of the working group are as follows:
(1) To regularly review policies relating to caregivers of
veterans and members of the Armed Forces.
(2) To coordinate and oversee the implementation of
policies relating to caregivers of veterans and members of the
Armed Forces.
(3) To evaluate the effectiveness of policies relating to
caregivers of veterans and members of the Armed Forces,
including programs in each relevant agency, by developing and
applying specific goals and performance measures.
(4) To develop standards of care for caregiver services and
respite care services provided to a caregiver, veteran, or
member of the Armed Forces by a nonprofit or private sector
entity.
(5) To ensure the availability of mechanisms for agencies,
and entities affiliated with or providing services on behalf of
agencies, to enforce the standards described in paragraph (4)
and conduct oversight on the implementation of such standards.
(6) To develop recommendations for legislative or
administrative action to enhance the provision of services to
caregivers, veterans, and members of the Armed Forces,
including eliminating gaps in such services and eliminating
disparities in eligibility for such services.
(7) To coordinate with State and local agencies and
relevant nonprofit organizations on maximizing the use and
effectiveness of resources for caregivers of veterans and
members of the Armed Forces.
(d) Reports.--
(1) In general.--Not later than December 31, 2015, and
annually thereafter, the chair of the working group shall
submit to Congress a report on policies and services relating
to caregivers of veterans and members of the Armed Forces.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of the policies relating to
caregivers of veterans and members of the Armed Forces
and services provided pursuant to such policies as of
the date of submittal of the report.
(B) A description of any steps taken by the working
group to improve the coordination of services for
caregivers of veterans and members of the Armed Forces
among the entities specified in subsection (b)(1)(B)
and eliminate barriers to effective use of such
services, including aligning eligibility criteria.
(C) An evaluation of the performance of the
entities specified in subsection (b)(1)(B) in providing
services for caregivers of veterans and members of the
Armed Forces.
(D) An evaluation of the quality and sufficiency of
services for caregivers of veterans and members of the
Armed Forces available from nongovernmental
organizations.
(E) A description of any gaps in care or services
provided by caregivers to veterans or members of the
Armed Forces identified by the working group, and steps
taken by the entities specified in subsection (b)(1)(B)
to eliminate such gaps or recommendations for
legislative or administrative action to address such
gaps.
(F) Such other matters or recommendations as the
chair considers appropriate.
SEC. 219. STUDIES ON POST-SEPTEMBER 11, 2001, VETERANS AND SERIOUSLY
INJURED VETERANS.
(a) Longitudinal Study on Post-9/11 Veterans.--
(1) In general.--The Secretary of Veterans Affairs shall
provide for the conduct of a longitudinal study on members of
the Armed Forces who commenced service in the Armed Forces
after September 11, 2001.
(2) Grant or contract.--The Secretary shall award a grant
to, or enter into a contract with, an appropriate entity
unaffiliated with the Department of Veterans Affairs to conduct
the study required by paragraph (1).
(3) Plan.--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 plan for
the conduct of the study required by paragraph (1).
(4) Reports.--Not later than October 1, 2019, and not less
frequently than once every four years 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 results of the study required
by paragraph (1) as of the date of such report.
(b) Comprehensive Study on Seriously Injured Veterans and Their
Caregivers.--
(1) In general.--The Secretary of Veterans Affairs shall
provide for the conduct of a comprehensive study on the
following:
(A) Veterans who have incurred a serious injury or
illness, including a mental health injury.
(B) Individuals who are acting as caregivers for
veterans.
(2) Elements.--The comprehensive study required by
paragraph (1) shall include the following with respect to each
veteran included in such study:
(A) The health of the veteran and, if applicable,
the impact of the caregiver of such veteran on the
health of such veteran.
(B) The employment status of the veteran and, if
applicable, the impact of the caregiver of such veteran
on the employment status of such veteran.
(C) The financial status and needs of the veteran.
(D) The use by the veteran of benefits available to
such veteran from the Department of Veterans Affairs.
(E) Any other information that the Secretary
considers appropriate.
(3) Grant or contract.--The Secretary shall award a grant
to, or enter into a contract with, an appropriate entity
unaffiliated with the Department of Veterans Affairs to conduct
the study required by paragraph (1).
(4) Report.--Not later than two years 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 results of the study required by paragraph (1).
SEC. 220. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL
CARE UNDER CHAMPVA PROGRAM.
(a) Increase.--Section 1781(c) of title 38, United States Code, is
amended--
(1) by striking ``twenty-three'' and inserting ``twenty-
six''; and
(2) by striking ``twenty-third birthday'' and inserting
``twenty-sixth birthday''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to medical care provided on or after the date of the
enactment of this title.
SEC. 221. EXPANSION OF REIMBURSEMENT OF VETERANS FOR EMERGENCY
TREATMENT AND URGENT CARE.
(a) In General.--Section 1725 of title 38, United States Code, is
amended to read as follows:
``Sec. 1725. Reimbursement for emergency treatment and urgent care
``(a) In General.--(1) Subject to the provisions of this section,
the Secretary shall reimburse a veteran described in subsection (b) for
the reasonable value of emergency treatment or urgent care furnished
the veteran in a non-Department facility.
``(2) In any case in which reimbursement of a veteran is authorized
under paragraph (1), the Secretary may, in lieu of reimbursing the
veteran, make payment of the reasonable value of the furnished
emergency treatment or urgent care directly--
``(A) to the hospital or other health care provider that
furnished the treatment or care; or
``(B) to the person or organization that paid for such
treatment or care on behalf of the veteran.
``(b) Eligibility.--A veteran described in this subsection is an
individual who--
``(1) is enrolled in the patient enrollment system of the
Department established and operated under section 1705 of this
title; and
``(2) has received care under this chapter during the 24-
month period preceding the furnishing of the emergency
treatment or urgent care for which reimbursement is sought
under this section.
``(c) Emergency Transportation.--Notwithstanding section 111 of
this title, reimbursement of emergency treatment or urgent care under
this section shall include reimbursement for the reasonable value of
emergency transportation.
``(d) Responsibility for Payment.--The Secretary shall be primarily
responsible for reimbursing or otherwise paying the reasonable value of
emergency treatment or urgent care under this section.
``(e) Limitations on Payment.--(1) The Secretary, in accordance
with regulations prescribed by the Secretary for purposes of this
section, shall--
``(A) establish the maximum amount payable under subsection
(a); and
``(B) delineate the circumstances under which such payments
may be made, including such requirements on requesting
reimbursement as the Secretary may establish.
``(2)(A) Payment by the Secretary under this section on behalf of a
veteran to a provider of emergency treatment or urgent care shall,
unless rejected and refunded by the provider within 30 days of
receipt--
``(i) constitute payment in full for the emergency
treatment or urgent care provided; and
``(ii) extinguish any liability on the part of the veteran
for that treatment or care.
``(B) Neither the absence of a contract or agreement between the
Secretary and a provider of emergency treatment or urgent care nor any
provision of a contract, agreement, or assignment to the contrary shall
operate to modify, limit, or negate the requirements of subparagraph
(A).
``(C) A provider of emergency treatment or urgent care may not seek
to recover from any third party the cost of emergency treatment or
urgent care for which the provider has received payment from the
Secretary under this section.
``(f) Recovery.--The United States has the right to recover or
collect reasonable charges for emergency treatment or urgent care
furnished under this section in accordance with the provisions of
section 1729 of this title.
``(g) Copayments.--(1) Except as provided in paragraph (2), a
veteran shall pay to the Department a copayment (in an amount
prescribed by the Secretary for purposes of this section) for each
episode of emergency treatment or urgent care for which reimbursement
is provided to the veteran under this section.
``(2) The requirement under paragraph (1) to pay a copayment does
not apply to a veteran who--
``(A) would not be required to pay to the Department a
copayment for emergency treatment or urgent care furnished at
facilities of the Department;
``(B) meets an exemption specified by the Secretary in
regulations prescribed by the Secretary for purposes of this
section; or
``(C) is admitted to a hospital for treatment or
observation following, and in connection with, the emergency
treatment or urgent care for which the veteran is provided
reimbursement under this section.
``(3) The requirement that a veteran pay a copayment under this
section shall apply notwithstanding the authority of the Secretary to
offset such a requirement with amounts recovered from a third party
under section 1729 of this title.
``(h) Definitions.--In this section:
``(1) The term `emergency treatment' means medical care or
services furnished, in the judgment of the Secretary--
``(A) when such care or services are rendered in a
medical emergency of such nature that a prudent
layperson reasonably expects that delay in seeking
immediate medical attention would be hazardous to life
or health; and
``(B) until--
``(i) such time as the veteran can be
transferred safely to a Department facility or
community care provider authorized by the
Secretary and such facility or provider is
capable of accepting such transfer; or
``(ii) such time as a Department facility
or community care provider authorized by the
Secretary accepts such transfer if--
``(I) at the time the veteran could
have been transferred safely to such a
facility or provider, no such facility
or provider agreed to accept such
transfer; and
``(II) the non-Department facility
in which such medical care or services
was furnished made and documented
reasonable attempts to transfer the
veteran to a Department facility or
community care provider.
``(2) The term `health-plan contract' includes any of the
following:
``(A) An insurance policy or contract, medical or
hospital service agreement, membership or subscription
contract, or similar arrangement under which health
services for individuals are provided or the expenses
of such services are paid.
``(B) An insurance program described in section
1811 of the Social Security Act (42 U.S.C. 1395c) or
established by section 1831 of such Act (42 U.S.C.
1395j).
``(C) A State plan for medical assistance approved
under title XIX of such Act (42 U.S.C. 1396 et seq.).
``(D) A workers' compensation law or plan described
in section 1729(a)(2)(A) of this title.
``(3) The term `third party' means any of the following:
``(A) A Federal entity.
``(B) A State or political subdivision of a State.
``(C) An employer or an employer's insurance
carrier.
``(D) An automobile accident reparations insurance
carrier.
``(E) A person or entity obligated to provide, or
to pay the expenses of, health services under a health-
plan contract.
``(4) The term `urgent care' shall have the meaning given
that term by the Secretary in regulations prescribed by the
Secretary for purposes of this section.''.
(b) Repeal of Superseded Authority.--Section 1728 of such title is
repealed.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 17 of such title is amended--
(1) by striking the item relating to section 1725 and
inserting the following new item:
``1725. Reimbursement for emergency treatment and urgent care.'';
and
(2) by striking the item relating to section 1728.
(d) Conforming Amendments.--
(1) Medical care for survivors and dependents.--Section
1781(a)(4) of such title is amended by striking ``(as defined
in section 1725(f) of this title)'' and inserting ``(as defined
in section 1725(h) of this title)''.
(2) Health care of family members of veterans stationed at
camp lejeune, north carolina.--Section 1787(b)(3) of such title
is amended by striking ``(as defined in section 1725(f) of this
title)'' and inserting ``(as defined in section 1725(h) of this
title)''.
(e) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out the amendments made by this section.
(f) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 222. PROVISION OF REHABILITATIVE EQUIPMENT AND HUMAN-POWERED
VEHICLES TO CERTAIN DISABLED VETERANS.
Section 1714(a) of title 38, United States Code, is amended--
(1) by striking ``Any veteran'' and inserting ``(1) Any
veteran''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary may furnish rehabilitative equipment to any
veteran who is entitled to a prosthetic appliance.
``(B) In carrying out subparagraph (A), the Secretary may modify
non-rehabilitative equipment owned by a veteran only if the veteran
elects for such modification.
``(C) The Secretary shall annually submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on rehabilitative equipment furnished to veterans under
subparagraph (A). Each such report shall include, with respect to the
year covered by the report--
``(i) the number of veterans eligible to receive such
rehabilitative equipment;
``(ii) the number of veterans who received such
rehabilitative equipment;
``(iii) the number of veterans who elected to receive
modified equipment pursuant to subparagraph (B); and
``(iv) any recommendations of the Secretary to improve
furnishing veterans with rehabilitative equipment.
``(D) In this paragraph, the term `rehabilitative equipment'
means--
``(i) rehabilitative equipment, including recreational
sports equipment that provide an adaption or accommodation for
the veteran, regardless of whether such equipment is
intentionally designed to be adaptive equipment; and
``(ii) includes hand cycles, recumbent bicycles, medically
adapted upright bicycles, and upright bicycles.''.
Subtitle C--Health Care Quality
SEC. 231. ESTABLISHMENT OF OFFICE OF HEALTH CARE QUALITY IN VETERANS
HEALTH ADMINISTRATION.
(a) In General.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of Health Care Quality
``(a) Establishment.--There is in the Veterans Health
Administration an Office of Health Care Quality (hereinafter in this
section referred to as the `Office'). The Office shall oversee the
implementation and dissemination across all medical facilities of the
Department of best practices, quality improvements, corrective actions,
and Inspector General recommendations.
``(b) Director.--(1) The head of the Office shall be a Director,
who shall report directly to the Under Secretary for Health (without
delegation).
``(2) Any person appointed as Director shall be--
``(A) an established expert in the field of health care
quality, administration of medical facilities, or similar
fields; and
``(B) qualified to carry out the duties of the Office based
on demonstrated experience and expertise.
``(c) Functions.--The functions of the Office are as follows:
``(1) To develop and maintain a system to provide notice to
all medical facilities of the Department of any applicable best
practices, quality improvements, corrective actions, and
Inspector General recommendations.
``(2) To monitor the compliance of such medical facilities
with such best practices, quality improvements, corrective
actions, and Inspector General recommendations.
``(d) Resources.--The Secretary shall ensure that the Director has
sufficient resources to carry out the responsibilities of the Director
in a timely manner.
``(e) Report.--The Director shall submit to Congress an annual
report on the progress of the medical facilities of the Department in
implementing applicable best practices, quality improvements,
corrective actions, and Inspector General recommendations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7310. Office of Health Care Quality.''.
(c) Deadline for Implementation.--Not later than one year after the
date of the enactment of this Act, the Director of the Office of Health
Care Quality, as established under section 7310 of title 38, United
States Code, as added by subsection (a), shall develop an initial
system for proving the notice required under such section 7310.
Subtitle D--Medical Workforce
SEC. 241. DISREGARD OF RESIDENT SLOTS THAT INCLUDE VA TRAINING AGAINST
THE MEDICARE GRADUATE MEDICAL EDUCATION LIMITATIONS.
(a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the
following new clause:
``(iii) Disregard of certain resident slots
that include va training.--For portions of cost
reporting periods beginning on or after July 1,
2016, in applying the limitations regarding the
total number of full-time equivalent residents
in the field of allopathic or osteopathic
medicine under clause (i) in a hospital's
approved medical residency training program,
the Secretary shall not take into account any
resident within such program that counts
towards meeting the obligation of the Secretary
of Veterans Affairs under section 301(b)(2) of
the Veterans Access, Choice, and Accountability
Act of 2014 (Public Law 113-146; 38 U.S.C. 7302
note).''.
(b) Indirect GME.--Section 1886(d)(5)(B)(v) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended, in the second sentence,
by striking ``subsection (h)(4)(F)(ii)'' and inserting ``clauses (ii)
and (iii) of subsection (h)(4)(F)''.
SEC. 242. EXTENSION OF PERIOD FOR INCREASE IN GRADUATE MEDICAL
EDUCATION RESIDENCY POSITIONS AT MEDICAL FACILITIES OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraph (2) of section 301(b) of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 7302 note) is amended--
(1) in the paragraph heading, by striking ``Five-year'' and
inserting ``Ten-year''; and
(2) in subparagraph (A), by striking ``5-year period'' and
inserting ``10-year period''.
(b) Report.--Paragraph (3)(A) of such section is amended by
striking ``2019'' and inserting ``2024''.
SEC. 243. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7402(b)(1) of title 38, United States
Code, is amended--
(1) by inserting ``or to be offered a contingent
appointment to such position,'' after ``position,''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) have completed a residency program satisfactory to
the Secretary; or
``(ii) with respect to an offer for a contingent
appointment upon the completion of a post-graduate training
program, complete such a residency program by not later than
two years after the date of such offer; and''.
(b) Oversight of Graduate Medical Education Programs.--The
Secretary shall--
(1) ensure that a recruiter or other similar official of
each Veterans Integrated Service Network visits, not less than
annually, each allopathic and osteopathic teaching institution
with a graduate medical education program within the Network to
recruit individuals to be appointed to positions in the
Veterans Health Administration; and
(2) submit to Congress an annual report on the
implementation of paragraph (1), including the success of such
recruiting efforts.
Subtitle E--Mental Health Care
SEC. 251. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) In the case of any veteran who claims that a covered
mental health condition was incurred in or aggravated by military
sexual trauma during active military, naval, or air service, the
Secretary shall accept as sufficient proof of service-connection a
diagnosis of such mental health condition by a mental health
professional together with satisfactory lay or other evidence of such
trauma and an opinion by the mental health professional that such
covered mental health condition is related to such military sexual
trauma, if consistent with the circumstances, conditions, or hardships
of such service, notwithstanding the fact that there is no official
record of such incurrence or aggravation in such service, and, to that
end, shall resolve every reasonable doubt in favor of the veteran.
Service-connection of such covered mental health condition may be
rebutted by clear and convincing evidence to the contrary. The reasons
for granting or denying service-connection in each case shall be
recorded in full.
``(2) For purposes of this subsection, in the absence of clear and
convincing evidence to the contrary, and provided that the claimed
military sexual trauma is consistent with the circumstances,
conditions, or hardships of the veteran's service, the veteran's lay
testimony alone may establish the occurrence of the claimed military
sexual trauma.
``(3) In this subsection:
``(A) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(B) The term `military sexual trauma' means, with respect
to a veteran, psychological trauma, which in the judgment of a
mental health professional, resulted from a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(b) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``SEC. 1164. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED
BY MILITARY SEXUAL TRAUMA.
``(a) Reports.--Not later than December 1, 2016, and each year
thereafter through 2020, the Secretary shall submit to Congress a
report on covered claims submitted 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 listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, listed by each sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title 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) 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.
``(6) 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.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The term `covered mental health condition' has the
meaning given that term in subparagraph (A) of section
1154(c)(3) of this title.
``(3) The term `military sexual trauma' has the meaning
given that term in subparagraph (B) of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(c) Effective Date.--Subsection (c) of section 1154 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to any claim for disability compensation under laws
administered by the Secretary of Veterans Affairs for which no final
decision has been made before the date of the enactment of this Act.
Subtitle F--Opioid Therapy and Pain Management
SEC. 261. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Many veterans and their families have been affected by
the national opioid epidemic caused in part by the prescription
of opioid medication to manage pain.
(2) Prescription opioid overdose rates for veterans
receiving medical care furnished by the Department of Veterans
Affairs are twice the national average.
(3) More than 50 percent of veterans receiving such care
are suffering from chronic pain.
(4) Almost one in three veterans receiving such care are
prescribed opioids to manage pain.
(5) Many veterans prescribed opioids for the management of
chronic pain are at risk of developing a dependency on opioids.
(6) Many veterans receive health care from both the
Department and community providers but the lack of care
coordination among the Department and community providers when
veterans receive purchased care places veterans at risk for
poor health outcomes and results in inefficient use of finite
health care resources.
(7) Veteran-centric care coordination is associated with
improved patient outcomes, as Department and non-Department
health care teams coordinate and collaborate to provide the
best care for veterans.
(b) Sense of Congress.--It is the sense of Congress that--
(1) veterans suffering from opioid dependency should
receive timely access to treatment and social services at
Department of Veterans Affairs facilities or through qualified
community providers and should have care and services managed
and coordinated by the Department of Veterans Affairs;
(2) veterans who are authorized by the Secretary of
Veterans Affairs to receive opioid addiction treatment in the
community must not lose the high-quality, safety, care
coordination, and other veteran-centric elements that the
health care system of the Department of Veterans Affairs
provides; and
(3) if the Secretary purchases care for veterans from a
community provider, such care must be secured in a cost-
effective manner, in a way that complements the larger health
care system of the Department by using industry standards for
care and costs.
SEC. 262. PILOT PROGRAM TO IMPROVE TREATMENT FOR VETERANS SUFFERING
FROM OPIOID ADDICTION AND CHRONIC PAIN.
(a) In General.--Beginning not later than 120 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
conduct a pilot program under which the Secretary provides health and
social services and coordination of care and case management to covered
veterans in need of treatment for opioid addiction and chronic pain
through facilities of the Department and through qualified non-
Department health care providers.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried out
within at least five areas within different States.
(2) Selection.--
(A) In general.--The Secretary shall select five
States with Department medical facilities to
participate in the pilot program. Each of the five
Department facilities selected shall be located in
States that demonstrate--
(i) the need for additional resources to
provide health care services, including mental
health, chronic pain management and social
services to veterans in need of treatment for
opioid abuse based upon the community
assessment in subsection (a) of this section;
(ii) demographic, population, and census
data showing the highest rates per capita of
opioid addiction in the United States or
greater demand in the veteran patient
population than capacity in facilities of the
Department for treatment for opioid addiction;
and
(iii) lack of sufficient Department
capacity to meet the demand of all patients in
need of treatment for opioid addiction.
(B) Other requirements.--In addition to the
requirements in subparagraph (A), not fewer than four
of the five selected States shall include--
(i) at least one highly rural county, as
determined by the Secretary upon consideration
of the most recent decennial census with the
highest per capita rate of opioid addiction;
(ii) an urban county as determined by the
Secretary upon consideration of the most recent
decennial census with the largest population
per capita of opioid addiction;
(iii) a county as determined by the
Secretary in a State with one of the highest
statistically significant drug and opioid
overdose death rate increases from 2013 to 2014
according to the Centers for Disease Control
and Prevention and a low expenditure of funding
per capita on substance abuse treatment in
comparison to other States; and
(iv) a county as determined by the
Secretary in a State with a high rate per
capita of veterans diagnosed with chronic pain
and prescribed prescription opioids.
(c) Provision of Services Through Contract.--The Secretary may
provide health care services to veterans under the pilot program by
entering into contracts with non-Department health care providers which
are qualified to provide such services, as determined by the Secretary.
(d) Exchange of Medical Information.--In conducting the pilot
program under this section, the Secretary shall develop and use a
functional capability to provide for the exchange of appropriate
medical information between the Department and any non-Department
provider with which the Secretary enters into a contract under
subsection (c).
(e) Report.--Not later than the 30 days after the end of each year
in which the pilot program under this section is conducted, 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 which includes--
(1) the assessment of the Secretary of the pilot program
during the preceding year, including its cost, volume, quality,
patient satisfaction, benefit to veterans, and such other
findings and conclusions with respect to the pilot program as
the Secretary considers appropriate; and
(2) such recommendations as the Secretary considers
appropriate regarding--
(A) the continuation of the pilot program;
(B) extension of the pilot program to additional
Veterans Integrated Service Networks of the Department;
and
(C) making the pilot program permanent.
(f) Covered Veteran.--In this section, the term ``covered veteran''
means a veteran who--
(1) is enrolled in the system of patient enrollment
established under section 1705(a) of title 38, United States
Code, as of the date of the commencement of the pilot program
under subsection (a)(2);
(2) is eligible for health care under section 1710(e)(3)(C)
of title 38, United States Code; or
(3) is determined by the Secretary to be in need of
treatment for opioid addiction and chronic pain.
(g) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is three years after the
date of the commencement of the pilot program.
SEC. 263. ASSESSMENT OF DEPARTMENT AND NON-DEPARTMENT CAPABILITIES TO
TREAT OPIOID DEPENDENCY AND ENSURE ACCESS TO NEEDED
HEALTH CARE SERVICES.
(a) Assessment of Department Capabilities.--The Secretary shall
conduct an assessment of the capabilities of the Department of Veterans
Affairs, using such data, including demographic data and patient access
data, as the Secretary determines necessary to provide--
(1) health care services related to the treatment of opioid
dependency and abuse, including mental health, opioid agonist
treatment, social services, and non-opioid chronic pain
management necessary for treating opioid addiction nationally,
regionally, and locally;
(2) management of chronic pain without the long-term use of
opioids, including alternative therapies such as physical
therapy, chiropractic care, acupuncture, massage, exercise
programs, and other such evidence-based and experimental
treatments;
(3) evidence-based methods for safely reducing the dose and
duration of the prescription of opioids for patients;
(4) methods by which health care services are coordinated
by the Department when care is provided by community providers;
and
(5) the manner by which the Department ensures placement of
veterans in need of treatment for opioid dependency in
treatment programs within a clinically sufficient time period
according to published practice guidelines for the treatment of
patients with opioid dependency.
(b) Assessment of Non-Department Capabilities.--In addition to the
assessment required under subsection (a), the Secretary shall
concurrently conduct an assessment of community providers to provide
health care, mental health, social services, and alternative chronic
pain management treatments necessary for the treatment of veterans
diagnosed with an opioid addiction and for the treatment of veterans
suffering from chronic pain.
(c) Community Providers.--In this section, the term ``community
provider'' means a non-Department of Veterans Affairs health care
provider or social services provider determined by the Secretary as
capable of providing health care services related to the treatment of
opioid dependency and abuse, including mental health, opioid agonist
treatment, social services, and non-opioid chronic pain management.
(d) Report.--At the conclusion of the assessments conducted under
this section, and not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
comprehensive summary of the results of the assessments, including any
implementation plans resulting from such assessments, and any
recommendations for ways to better enable the Department to provide
health care services within the programs and facilities of the
Department and in coordination with community providers to veterans
needing treatment for pain management and opioid addiction.
SEC. 264. INCREASED ACCESS TO NALOXONE AND OTHER TREATMENTS FOR
REVERSING OPIOID OVERDOSE.
(a) In General.--The Secretary of Veterans Affairs shall require
all appropriate health care facilities of the Department of Veterans
Affairs, and all Vet Centers and other Department facilities providing
mental health and social services to veterans, to have a supply of
naloxone or other medication for reversing opioid overdose.
(b) Training on Use of Medication.--The Secretary shall ensure that
all appropriate employees of the Department who are employed at
facilities referred to in subsection (a) receive training on the
administration of naloxone or other medication for reversing opioid
overdose.
Subtitle G--Toxic Exposure
SEC. 271. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS
RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL
EXPOSURES.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs a center of
excellence in the prevention, diagnosis, mitigation, treatment, and
rehabilitation of health conditions relating to exposure to burn pits
and other environmental exposures to carry out the responsibilities
specified in subsection (d). Such center shall be established using--
(1) the directives, policies, and Comptroller General and
Inspector General recommendations in effect as of the date of
the enactment of this Act; and
(2) guidance issued pursuant to section 313 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1692; 10 U.S.C. 1074 note).
(b) Selection of Sites.--In selecting the site for the center of
excellence established under subsection (a), the Secretary of Veterans
Affairs shall consider entities that--
(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
(2) have a publication track record of post-deployment
health exposures among veterans who served in the Armed Forces
in support of Operation Iraqi Freedom and Operation Enduring
Freedom;
(3) have collaborated with a geosciences department that
has a medical geology division;
(4) have developed animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(5) have expertise in allergy and immunology, pulmonary
diseases, and industrial and management engineering.
(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
(1) To provide for the development, testing, and
dissemination within the Department of Veterans Affairs of best
practices for the treatment of health conditions relating to
exposure to burn pits and other environmental exposures.
(2) To provide guidance for the health system of the
Department of Veterans Affairs and the Department of Defense in
determining the personnel required to provide quality health
care for members of the Armed Forces and veterans with health
conditions relating to exposure to burn pits and other
environmental exposures.
(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department of
Veterans Affairs and the Department of Defense in the treatment
of health conditions relating to exposure to burn pits and
other environmental exposures.
(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
(5) To disseminate within the military medical treatment
facilities of the Department of Veterans Affairs best practices
for training health professionals with respect to health
conditions relating to exposure to burn pits and other
environmental exposures.
(6) To conduct basic science and translational research on
health conditions relating to exposure to burn pits and other
environmental exposures for the purposes of understanding the
etiology of such conditions and developing preventive
interventions and new treatments.
(7) To provide medical treatment to all veterans identified
as part of the burn pits registry established under section 201
of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center shall have access to
and make use of the data accumulated by the burn pits registry
established under section 201 of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
(f) Definitions.--In this section:
(1) The term ``burn pit'' means an area of land located in
Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the
outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
(2) The term ``other environmental exposures'' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2016 through 2021.
TITLE III--EDUCATION
Subtitle A--GI Bill Oversight
SEC. 301. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL HEIGHTENED
SCRUTINY OF PROGRAMS OF EDUCATION.
(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. Inspector General heightened scrutiny of programs of
education
``(a) Heightened Scrutiny Required.--The Inspector General of the
Department shall apply heightened scrutiny to any program of education
if any Federal or State agency has made a final determination or
settlement that the program of education used deceptive or misleading
practices that are potentially in violation of section 3696 of this
title.
``(b) Notice to Students.--(1) Upon commencement of heightened
scrutiny with respect to a program of education under this section, the
Secretary shall provide notice of the heightened scrutiny and the
reasons for such heightened scrutiny to any individual who--
``(A) is enrolled in a course of education approved under
this chapter provided by the program of education; and
``(B) is entitled to educational assistance under the laws
administered by the Secretary.
``(2) The Secretary shall provide to any individual who receives
notice under this subsection advice that the individual--
``(A) request a copy of the individual's transcript; and
``(B) seek counseling from an appropriate advisor about
transferring any credits earned at the program of education.
``(c) Monitoring of Allegations.--The Secretary shall monitor
allegations of deceptive and misleading practices made against programs
of education offering courses of education approved for purposes of
this chapter, including Federal and State investigations. The Secretary
shall include information about any such allegation on the GI Bill
Comparison Tool, or any similar Internet website of the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter II the following new item:
``3699. Inspector General heightened scrutiny of programs of
education.''.
SEC. 302. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OF
EDUCATION OFFERED BY INSTITUTIONS OF HIGHER LEARNING
ACCUSED OF CERTAIN DECEPTIVE OR MISLEADING PRACTICES.
Section 3679 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary shall disapprove a course of education
provided by an institution of higher learning if the Secretary
determines pursuant to heightened scrutiny applied by the Inspector
General under section 3699 of this title that the institution of higher
learning has engaged in practices that are in violation of section 3696
of this title.
``(2) The Secretary shall provide counseling services to
individuals enrolled in a course of education disapproved under
paragraph (1) to assist such individuals in transferring to another
institution of higher learning.''.
SEC. 303. INTERAGENCY WORKING GROUP ON PROGRAMS OF EDUCATION EMPLOYING
DECEPTIVE OR MISLEADING PRACTICES.
The Secretary of Veterans Affairs, in collaboration with the
Secretary of Education, the Secretary of Defense, the Commissioner of
the Federal Trade Commission, the Commissioner of the Securities and
Exchange Commission, and the Director of the Bureau of Consumer
Financial Protection, shall establish an interagency working group to--
(1) share information regarding programs of education that
employ deceptive or misleading practices; and
(2) enter into memorandum of understanding under which the
Inspector Generals of each relevant department or agency agree
to share information to determine if funds from other Federal
programs are affected when one department or agency takes
action to investigate a program of education for deceptive or
misleading practices.
SEC. 304. APPROVAL OF COURSES FOR PURPOSES OF EDUCATIONAL ASSISTANCE
PROGRAMS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Approval of Non-Accredited Courses.--Subsection (c) of section
3676 of title 38, United States Code, is amended--
(1) by redesignating paragraph (14) as paragraph (16); and
(2) by inserting after paragraph (13) the following new
paragraphs:
``(14) In the case of a program designed to prepare an
individual for licensure or certification in a State, the
program meets any instructional curriculum licensure or
certification requirements of such State.
``(15) In the case of a program designed to prepare an
individual for employment pursuant to standards developed by a
board or agency of a State in an occupation that requires
approval or licensure, the program is approved or licensed by
such board or agency of the State.''.
(b) Exceptions.--Such section is further amended by adding at the
end the following new subsection:
``(f)(1) The Secretary may waive the requirements of paragraph (14)
or (15) of subsection (c) in the case of a program of education offered
by an educational institution if the Secretary determines all of the
following:
``(A) The educational institution is not accredited by an
agency or association recognized by the Secretary of Education.
``(B) The program did not meet the requirements of such
paragraph at any time during the two-year period preceding the
date of the waiver.
``(C) The waiver furthers the purposes of the educational
assistance programs administered by the Secretary or would
further the education interests of individuals eligible for
assistance under such programs.
``(D) The educational institution does not provide any
commission, bonus, or other incentive payment based directly or
indirectly on success in securing enrollments or financial aid
to any persons or entities engaged in any student recruiting or
admission activities or in making decisions regarding the award
of student financial assistance, except for the recruitment of
foreign students residing in foreign countries who are not
eligible to receive Federal student assistance.
``(2) Not later than 30 days after the Secretary issues a waiver
under paragraph (1), the Secretary shall submit to Congress notice of
the waiver and the justification of the Secretary for issuing the
waiver.''.
(c) Approval of Accredited Programs.--Section 3675(b)(3) of such
title is amended--
(1) by striking ``and (3)'' and inserting ``(3), (14), and
(15)''; and
(2) by inserting before the period at the end the
following: ``(or, with respect to such paragraphs (14) and
(15), the requirements under such paragraphs are waived
pursuant to subsection (f) of section 3676)''.
(d) Disapproval of Courses.--Section 3679 of such title is amended
by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of this chapter, the
Secretary shall disapprove a course of education described in section
3676(c)(14) or (15) unless the educational institution providing the
course of education publicly discloses any conditions or additional
requirements, including training, experience, or exams, required to
obtain the license, certification, or approval for which the course of
education is designed to provide preparation.''.
(e) Conforming Amendment.--Section 3672(b)(2)(A)(i) of such title
is amended by striking ``An accredited'' and inserting ``Except as
provided in paragraphs (14) and (15) of section 3676(c) of this title,
an accredited''.
(f) Applicability.--If after enrollment in a course of education
that is subject to disapproval by reason of an amendment made by this
Act, an individual pursues one or more courses of education at the same
educational institution while remaining continuously enrolled (other
than during regularly scheduled breaks between courses, semesters or
terms) at that institution, any course so pursued by the individual at
that institution while so continuously enrolled shall not be subject to
disapproval by reason of such amendment.
SEC. 305. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS
OF HIGHER EDUCATION.
Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is
amended--
(1) in subsection (a)(24)--
(A) by inserting ``that receives funds provided
under this title'' before ``, such institution''; and
(B) by striking ``other than funds provided under
this title, as calculated in accordance with subsection
(d)(1)'' and inserting ``other than Federal educational
assistance, as defined in subsection (d)(5) and
calculated in accordance with subsection (d)(1)''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Non-
Title IV'' and inserting ``Non-Federal Educational'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``that receives funds
provided under this title'' before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``assistance under this title'' and
inserting ``Federal educational
assistance''; and
(II) in clause (ii)(I), by
inserting ``, or on a military base if
the administering Secretary for a
program of Federal educational
assistance under clause (ii), (iii), or
(iv) of paragraph (5)(B) has authorized
such location'' before the semicolon;
(iii) in subparagraph (C), by striking
``program under this title'' and inserting
``program of Federal educational assistance'';
(iv) in subparagraph (E), by striking
``funds received under this title'' and
inserting ``Federal educational assistance'';
and
(v) in subparagraph (F)--
(I) in clause (iii), by striking
``under this title'' and inserting ``of
Federal educational assistance''; and
(II) in clause (iv), by striking
``under this title'' and inserting ``of
Federal educational assistance'';
(C) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Ineligibility.--
``(i) In general.--Notwithstanding any
other provision of law, a proprietary
institution of higher education receiving funds
provided under this title that fails to meet a
requirement of subsection (a)(24) for two
consecutive institutional fiscal years shall be
ineligible to participate in or receive funds
under any program of Federal educational
assistance for a period of not less than two
institutional fiscal years.
``(ii) Regaining eligibility.--To regain
eligibility to participate in or receive funds
under any program of Federal educational
assistance after being ineligible pursuant to
clause (i), a proprietary institution of higher
education shall demonstrate compliance with all
eligibility and certification requirements for
the program for a minimum of two consecutive
institutional fiscal years after the
institutional fiscal year in which the
institution became ineligible. In order to
regain eligibility to participate in any
program of Federal educational assistance under
this title, such compliance shall include
meeting the requirements of section 498 for
such 2-year period.
``(iii) Notification of ineligibility.--The
Secretary of Education shall determine when a
proprietary institution of higher education
that receives funds under this title is
ineligible under clause (i) and shall notify
all other administering Secretaries of the
determination.
``(iv) Enforcement.--Each administering
Secretary for a program of Federal educational
assistance shall enforce the requirements of
this subparagraph for the program concerned
upon receiving notification under clause (iii)
of a proprietary institution of higher
education's ineligibility.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``In
addition'' and all that follows
through ``education fails'' and
inserting ``Notwithstanding any
other provision of law, in
addition to such other means of
enforcing the requirements of a
program of Federal educational
assistance as may be available
to the administering Secretary,
if a proprietary institution of
higher education that receives
funds provided under this title
fails''; and
(bb) by striking ``the
programs authorized by this
title'' and inserting ``all
programs of Federal educational
assistance''; and
(II) in clause (i), by inserting
``with respect to a program of Federal
educational assistance under this
title,'' before ``on the expiration
date'';
(D) in paragraph (4)(A), by striking ``sources
under this title'' and inserting ``Federal educational
assistance''; and
(E) by adding at the end the following:
``(5) Definitions.--In this subsection:
``(A) Administering secretary.--The term
`administering Secretary' means the Secretary of
Education, the Secretary of Defense, the Secretary of
Veterans Affairs, the Secretary of Homeland Security,
or the Secretary of a military department responsible
for administering the Federal educational assistance
concerned.
``(B) Federal educational assistance.--The term
`Federal educational assistance' means funds provided
under any of the following provisions of law:
``(i) This title.
``(ii) Chapter 30, 31, 32, 33, 34, or 35 of
title 38, United States Code.
``(iii) Chapter 101, 105, 106A, 1606, 1607,
or 1608 of title 10, United States Code.
``(iv) Section 1784a of title 10, United
States Code.''.
SEC. 306. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Department of Defense.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2008 the following
new section:
``Sec. 2008a. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Defense programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Defense shall ensure that no
educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department of Defense as follows:
``(1) This chapter.
``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this
title.
``(3) Section 1784a of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall
take appropriate actions to notify persons receiving or eligible for
educational assistance under the provisions of law specified in
subsection (b) of the application of the limitations in section
487(d)(2) of the Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department of Defense that provides information to
persons described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2008 the following new item:
``2008a. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Defense programs of educational
assistance.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by inserting after section 3681
the following new section:
``Sec. 3681A. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Veterans Affairs programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Veterans Affairs shall ensure
that no educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department under chapters 30, 31, 32, 33, 34, and 35 of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Veterans
Affairs shall take appropriate actions to notify persons receiving or
eligible for educational assistance under the provisions of law
specified in subsection (b) of the application of the limitations in
section 487(d)(2) of the Higher Education Act of 1965 to particular
proprietary institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department that provides information to persons
described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3681 the following new item:
``3681A. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Veterans Affairs programs of educational
assistance.''.
Subtitle B--Supports for Student Veterans
SEC. 311. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY CLOSURES OF
EDUCATIONAL INSTITUTIONS.
(a) Educational Assistance.--
(1) In general.--Section 3312 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Discontinuation of Education Due to Closure of Educational
Institution.--
``(1) In general.--Any payment of educational assistance
described in paragraph (2) shall not--
``(A) be charged against any entitlement to
educational assistance of the individual concerned
under this chapter; or
``(B) be counted against the aggregate period for
which section 3695 of this title limits the
individual's receipt of educational assistance under
this chapter.
``(2) Description of payment of educational assistance.--
Subject to paragraph (3), the payment of educational assistance
described in this paragraph is the payment of such assistance
to an individual for pursuit of a course or courses under this
chapter if the Secretary finds that the individual--
``(A) was forced to discontinue such course pursuit
as a result of a permanent closure of an educational
institution; and
``(B) did not receive credit, or lost training
time, toward completion of the program of education
being pursued at the time of such closure.
``(3) Period for which payment not charged.--The period for
which, by reason of this subsection, educational assistance is
not charged against entitlement or counted toward the
applicable aggregate period under section 3695 of this title
shall not exceed the aggregate of--
``(A) the portion of the period of enrollment in
the course or courses from which the individual failed
to receive credit or with respect to which the
individual lost training time, as determined under
paragraph (2)(B), and
``(B) the period by which monthly stipend is
extended under section 3680(a)(2)(B) of this title.''.
(2) Applicability.--Subsection (d) of such section, as
added by paragraph (1), shall apply with respect to courses and
programs of education discontinued as described in subparagraph
(A) or (B) of paragraph (2) of such subsection in fiscal year
2015 or any fiscal year thereafter.
(b) Monthly Housing Stipend.--
(1) In general.--Section 3680(a) of such title is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter before subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when schools are temporarily closed
under an established policy based on an Executive order of the
President or due to an emergency situation, except that the
total number of weeks for which allowances may continue to be
so payable in any 12-month period may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent school closure, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the school closure occurred; and
``(ii) the date that is 4 months after the date of
the school closure.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
section, as redesignated, is amended by striking ``described in
subclause (A) of this clause'' and inserting ``described in
clause (ii)''.
SEC. 312. 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, 2020''.
SEC. 313. COSTS OF APPLYING TO INSTITUTION OF HIGHER LEARNING.
(a) In General.--Chapter 33 of title 38, United States Code, is
amended by inserting after section 3315A the following new section:
``Sec. 3315B. Costs of applying to institution of higher learning
``(a) In General.--An individual entitled to educational assistance
under this chapter shall also be entitled to educational assistance for
the application fee required to apply to an approved program of
education at an institution of higher learning.
``(b) Amount.--The total amount of educational assistance payable
under this chapter to an individual for applications described in
subsection (a) is the lesser of--
``(1) the total application fees charged to the individual
by the institutions of higher learning; or
``(2) $750.
``(c) Charge Against Entitlement.--The number of months (and any
fraction thereof) of entitlement charged an individual under this
chapter for an application described in subsection (a) shall be
determined at the rate of one month for each amount that equals the
amount determined under section 3315A(c)(2) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3315A the following new item:
``3315B. Costs of applying to institution of higher learning.''.
SEC. 314. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
Title VIII of the Higher Education Act of 1965 is amended by
striking part T (20 U.S.C. 1161t) and inserting the following:
``PART T--GRANTS FOR VETERAN STUDENT CENTERS
``SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (i), the Secretary shall award grants
to institutions of higher education or consortia of institutions of
higher education to assist in the establishment, maintenance,
improvement, and operation of Veteran Student Centers. The Secretary
shall award not more than 30 grants under this subsection.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of veteran
students, members of the Armed Forces serving
on active duty, and members of a reserve
component of the Armed Forces; or
``(ii) a significant percentage of veteran
students,
as measured by comparing the overall enrollment of the
institution or consortium to the number, for the most
recent academic year for which data are available, of
veteran students, members of the Armed Forces serving
on active duty, and members of a reserve component of
the Armed Forces who are enrolled in undergraduate or
graduate courses at the institution or consortium.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that its Veteran
Student Center will be maintained and will continue to
operate after the grant period of the grant received
under subsection (a) has ended.
``(3) Additional criteria.--In awarding grants under
subsection (a), the Secretary--
``(A) shall consider institutions or consortia
representing a broad spectrum of sectors and sizes,
including institutions or consortia from urban,
suburban, and rural regions of the United States; and
``(B) may provide consideration to institutions or
consortia that meet one or more of the following
criteria:
``(i) The institution or consortium is
located in a region or community that has a
significant population of veterans.
``(ii) The institution or consortium
carries out programs or activities that assist
veterans in the local community and the spouses
of veteran students.
``(iii) The institution or consortium
partners in its veteran-specific programming
with nonprofit veteran service organizations,
local workforce development organizations, or
institutions of higher education.
``(iv) The institution or consortium
commits to hiring a staff at the Veteran
Student Center that includes veterans
(including veteran student volunteers and
veteran students participating in a Federal
work-study program under part C of title IV, a
work-study program administered by the
Secretary of Veterans Affairs, or a State work-
study program).
``(v) The institution or consortium commits
to using a portion of the grant received under
this section to develop an early-warning
veteran student retention program carried out
by the Veteran Student Center.
``(vi) The institution or consortium
commits to providing mental health counseling
to its veteran students and their spouses.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Veteran Student
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such funds to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and
transfer of credit from previous postsecondary
education or experience; and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the
success of veterans on campus in achieving education
and career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amounts awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out this
section, and not later than 3 years after the date on which the first
grant is awarded under subsection (a), the Secretary shall submit to
Congress a report on the grant program established under subsection
(a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such
amounts;
``(C) a description of the students to whom
services were offered as a result of the award; and
``(D) data enumerating whether the use of the
amounts awarded helped veteran students at the
institution or consortium toward completion of a
degree, certificate, or credential;
``(4) best practices for veteran student success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be extended
or expanded.
``(f) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the first grant is awarded
under subsection (a).
``(g) Department of Education Best Practices Website.--Subject to
the availability of appropriations under subsection (i) and not later
than 3 years after the date on which the first grant is awarded under
subsection (a), the Secretary shall develop and implement a website for
veteran student services at institutions of higher education, which
details best practices for serving veteran students at institutions of
higher education.
``(h) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Veteran student center.--The term `Veteran Student
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
``(A) A lounge or meeting space for such veteran
students, their spouses or partners, and veterans in
the community.
``(B) A centralized office for veteran services
that--
``(i) is a single point of contact to
coordinate comprehensive support services for
veteran students;
``(ii) is staffed by trained employees and
volunteers, which includes veterans and at
least one full-time employee or volunteer who
is trained as a veterans' benefits counselor;
``(iii) provides veteran students with
assistance relating to--
``(I) transitioning from the
military to student life;
``(II) transitioning from the
military to the civilian workforce;
``(III) networking with other
veteran students and veterans in the
community;
``(IV) understanding and obtaining
benefits provided by the institution of
higher education, Federal Government,
and State for which such students may
be eligible;
``(V) understanding how to succeed
in the institution of higher education,
including by understanding academic
policies, the course selection process,
and institutional policies and
practices related to the transfer of
academic credits; and
``(VI) understanding their
disability-related rights and
protections under the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794); and
``(iv) provides comprehensive academic and
tutoring services for veteran students,
including peer-to-peer tutoring and academic
mentorship.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2016 and each of the 3 succeeding fiscal years.''.
SEC. 315. CONTINUATION OF AWARDS.
An institution of higher education that received a grant under
section 873 of the Higher Education Act of 1965 (20 U.S.C. 1161t)
before the date of enactment of this Act, as such section 873 (20
U.S.C. 1161t) was in effect on the day before the date of enactment of
this Act, shall continue to receive funds in accordance with the terms
and conditions of such grant.
SEC. 316. DEPARTMENT OF VETERANS AFFAIRS GRANTS TO EDUCATIONAL
INSTITUTIONS FOR PROVISION OF CHILD CARE SERVICES.
(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. Grants to educational institutions for provision of child
care services
``(a) In General.--The Secretary may make a grant to an eligible
educational institution for the purpose of providing child care
services on the campus of the educational institution to students
enrolled in courses of education offered by the educational
institution.
``(b) Eligible Educational Institution.--To be eligible for a grant
under this section, an educational institution shall--
``(1) offer a course of education that is approved as
provided in this chapter and chapters 34 and 35 of this title
by the State approving agency where the educational institution
is located; and
``(2) submit to the Secretary an application containing
such information and assurances as the Secretary may require.
``(c) Use of Funds.--(1) An educational institution that receives a
grant under this section shall use the grant to--
``(A) establish or expand a child care center on the campus
of the educational institution; or
``(B) pay the costs of providing child care services to
students enrolled in courses of education offered by the
educational institution at a child care center located on the
campus of the educational institution.
``(2) The Secretary shall require, as a condition of a grant under
this section, that the educational institution that receives the grant
provides at least 75 percent of the new child care services funded by
the grant to students who are veterans.
``(d) Limitation.--The Secretary may not make more than 50 grants
under this section for fiscal year 2016.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting at the end of the items relating
to subchapter II the following new item:
``3699. Grants to educational institutions for provision of child care
services.''.
SEC. 317. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN
ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Pilot Program.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to be known as the ``Grow Our Own
Directive'' or ``G.O.O.D.'' pilot program (in this section
referred to as the ``pilot program'') to provide educational
assistance to certain former members of the Armed Forces for
education and training as physician assistants of the
Department of Veterans Affairs.
(2) Information on pilot program.--The Secretary shall
provide information on the pilot program to eligible
individuals under subsection (b), including information on
application requirements and a list of entities with which the
Secretary has partnered under subsection (g).
(b) Eligible Individuals.--An individual is eligible to participate
in the pilot program if the individual--
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree,
baccalaureate degree, master's degree, or postbaccalaureate
training in a science relating to health care;
(3) has participated in the delivery of health care
services or related medical services, including participation
in military training relating to the identification,
evaluation, treatment, and prevention of diseases and
disorders; and
(4) does not have a degree of doctor of medicine, doctor of
osteopathy, or doctor of dentistry.
(c) Duration.--The pilot program shall be carried out during the
five-year period beginning on the date that is 180 days after the date
of the enactment of this Act.
(d) Selection.--
(1) In general.--The Secretary shall select not less than
250 eligible individuals under subsection (b) to participate in
the pilot program.
(2) Priority for selection.--In selecting individuals to
participate in the pilot program under paragraph (1), the
Secretary shall give priority to the following individuals:
(A) Individuals who participated in the
Intermediate Care Technician Pilot Program of the
Department that was carried out by the Secretary
between January 2011 and February 2015.
(B) Individuals who agree to be employed as a
physician assistant for the Veterans Health
Administration at a medical facility of the Department
located in a community that--
(i) is designated as a medically
underserved population under section
330(b)(3)(A) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)(A)); and
(ii) is in a State with a per capita
population of veterans of more than 9 percent
according to the National Center for Veterans
Analysis and Statistics and the United States
Census Bureau.
(e) Educational Assistance.--
(1) In general.--In carrying out the pilot program, the
Secretary shall provide educational assistance to individuals
participating in the pilot program, including through the use
of scholarships, to cover the costs to such individuals of
obtaining a master's degree in physician assistant studies or a
similar master's degree.
(2) Use of existing programs.--In providing educational
assistance under paragraph (1), the Secretary shall use the
Department of Veterans Affairs Health Professionals Educational
Assistance Program under chapter 76 of title 38, United States
Code, and such other educational assistance programs of the
Department as the Secretary considers appropriate.
(3) Use of scholarships.--The Secretary shall provide not
less than 35 scholarships under the pilot program to
individuals participating in the pilot program during each year
in which the pilot program is carried out.
(f) Period of Obligated Service.--
(1) In general.--The Secretary shall enter into an
agreement with each individual participating in the pilot
program in which such individual agrees to be employed as a
physician assistant for the Veterans Health Administration for
a period of obligated service specified in paragraph (2).
(2) Period specified.--With respect to each individual
participating in the pilot program, the period of obligated
service specified in this paragraph for the individual is--
(A) if the individual is participating in the pilot
program through a program described in subsection
(e)(2) that specifies a period of obligated service,
the period specified with respect to such program; or
(B) if the individual is participating in the pilot
program other than through a program described in such
subsection, or if such program does not specify a
period of obligated service, a period of three years or
such other period as the Secretary considers
appropriate for purposes of the pilot program.
(g) Breach.--
(1) Liability.--Except as provided in paragraph (2), an
individual who participates in the pilot program and fails to
satisfy the period of obligated service under subsection (f)
shall be liable to the United States, in lieu of such obligated
service, for the amount that has been paid or is payable to or
on behalf of the individual under the pilot program, reduced by
the proportion that the number of days served for completion of
the period of obligated service bears to the total number of
days in the period of obligated service of such individual.
(2) Exception.--If an individual is participating in the
pilot program through a program described in subsection (e)(2)
that specifies a period of obligated service, the liability of
the individual for failing to satisfy the period of obligated
service under subsection (f) shall be determined as specified
with respect to such program.
(h) Mentors.--The Secretary shall ensure that a physician assistant
mentor or mentors are available for individuals participating in the
pilot program at each facility of the Veterans Health Administration at
which a participant in the pilot program is employed.
(i) Partnerships.--In carrying out the pilot program, the Secretary
shall seek to partner with the following:
(1) Not less than 15 institutions of higher education
that--
(A) offer a master's degree program in physician
assistant studies or a similar area of study that is
accredited by the Accreditation Review Commission on
Education for the Physician Assistant; and
(B) agree--
(i) to guarantee seats in such master's
degree program for individuals participating in
the pilot program who meet the entrance
requirements for such master's degree program;
and
(ii) to provide individuals participating
in the pilot program with information on
admissions criteria and the admissions process.
(2) Other institutions of higher education that offer
programs in physician assistant studies or other similar areas
of studies that are accredited by the Accreditation Review
Commission on Education for the Physician Assistant.
(3) The Transition Assistance Program of the Department of
Defense.
(4) The Veterans' Employment and Training Service of the
Department of Labor.
(5) Programs carried out under chapter 41 of title 38,
United States Code, for the purpose of marketing and
advertising the pilot program to veterans and members of the
Armed Forces who may be interested in the pilot program.
(j) Administration of Pilot Program.--For purposes of carrying out
the pilot program, the Secretary shall appoint or select within the
Office of Physician Assistant Services of the Veterans Health
Administration the following:
(1) A Deputy Director for Education and Career Development
of Physician Assistants who--
(A) is a physician assistant, a veteran, and
employed by the Department as of the date of the
enactment of this Act;
(B) is responsible for--
(i) overseeing the pilot program;
(ii) recruiting candidates to participate
in the pilot program;
(iii) coordinating with individuals
participating in the pilot program and
assisting those individuals in applying and
being admitted to a master's degree program
under the pilot program; and
(iv) providing information to eligible
individuals under subsection (b) with respect
to the pilot program; and
(C) may be employed in the field at a medical
center of the Department.
(2) A Deputy Director of Recruitment and Retention who--
(A) is a physician assistant, a veteran, and
employed by the Department as of the date of the
enactment of this Act;
(B) is responsible for--
(i) identifying and coordinating the needs
of the pilot program and assist the Secretary
in providing mentors under subsection (h) to
participants in the pilot program; and
(ii) coordinating the staff of facilities
of the Veterans Health Administration with
respect to identifying employment positions and
mentors under subsection (h) for participants
in the pilot program; and
(C) may be employed in the field at a medical
center of the Department.
(3) A recruiter who--
(A) reports directly to the Deputy Director of
Recruitment and Retention; and
(B) works with the Workforce Management and
Consulting Office and the Healthcare Talent Management
Office of the Veterans Health Administration to develop
and implement national recruiting strategic plans for
the recruitment and retention of physician assistants
within the Department.
(4) An administrative assistant, compensated at a rate not
less than level GS-6 of the General Schedule, or equivalent,
who assists with administrative duties relating to the pilot
program in the Office of Physician Assistant Services and such
other duties as determined by the Secretary to ensure that the
Office runs effectively and efficiently.
(k) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in collaboration with the Secretary of Labor, the Secretary of
Defense, and the Secretary of Health and Human Services, shall
submit to Congress a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The extent to which the pilot program is
effective in improving the ability of eligible
individuals under subsection (b) to become physician
assistants.
(B) An examination of whether the pilot program is
achieving the goals of--
(i) enabling individuals to build on
medical skills gained as members of the Armed
Forces by entering into the physician assistant
workforce of the Department; and
(ii) helping to meet the shortage of
physician assistants employed by the
Department.
(C) An identification of such modifications to the
pilot program as the Secretary of Veterans Affairs, the
Secretary of Labor, the Secretary of Defense, and the
Secretary of Health and Human Services consider
necessary to meet the goals described in subparagraph
(B).
(D) An assessment of whether the pilot program
could serve as a model for other programs of the
Department to assist individuals in obtaining
certification and employment in other health care
fields.
(l) Source of Amounts.--Not less than $8,000,000 of the amount
necessary to carry out the pilot program shall be derived from amounts
appropriated to the Department of Veterans Affairs before the date of
the enactment of this Act.
SEC. 318. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS
AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO
EDUCATE AND HIRE PHYSICIAN ASSISTANTS.
(a) In General.--The Secretary of Veterans Affairs shall establish
standards described in subsection (b) to improve the use by the
Department of Veterans Affairs of the Department of Veterans Affairs
Health Professionals Educational Assistance Program under chapter 76 of
title 38, United States Code, and other educational assistance programs
of the Department, including the pilot program under section 2, to
educate and hire physician assistants of the Department.
(b) Standards.--The standards described in this subsection are the
following:
(1) Holding directors of medical centers of the Department
accountable for failure to use the educational assistance
programs described in subsection (a) and other incentives--
(A) to advance employees of the Department in their
education as physician assistants; and
(B) to improve recruitment and retention of
physician assistants.
(2) Ensuring that the Department of Veterans Affairs
Education Debt Reduction Program under subchapter VII of
chapter 76 of such title is available for participants in the
pilot program under section 2 to fill vacant physician
assistant positions at the Department, including by--
(A) including in all vacancy announcements for
physician assistant positions the availability of the
Education Debt Reduction Program; and
(B) informing applicants to physician assistant
positions of their eligibility for the Education Debt
Reduction Program.
(3) Monitoring compliance with the application process for
educational assistance programs described in subsection (a) to
ensure that such programs are being fully utilized to carry out
this section.
(4) Creating programs, including through the use of the
Department of Veterans Affairs Employee Incentive Scholarship
Program under subchapter VI of chapter 76 of such title, to
encourage employees of the Department to apply to accredited
physician assistant programs.
(c) Regulations.--The Secretary shall prescribe such regulations as
the Secretary considers appropriate to carry out this section.
SEC. 319. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE
DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE
COMPETITIVE PAY.
(a) Establishment of Pay Grades.--Section 7404(b) of title 38,
United States Code, is amended by adding at the end the following:
``PHYSICIAN ASSISTANT SCHEDULE
``Physician Assistant IV.
``Physician Assistant III.
``Physician Assistant II.
``Physician Assistant I.''.
(b) Competitive Pay.--Section 7451(a)(2) of such title is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) Physician assistant.''; and
(3) in subparagraph (C), as redesignated by paragraph (1),
by striking ``and registered nurse'' and inserting ``registered
nurse, and physician assistant''.
(c) National Strategic Plan.--
(1) In general.--The Secretary of Veterans Affairs shall
implement a national strategic plan for the retention and
recruitment of physician assistants of the Department of
Veterans Affairs that includes the establishment and adoption
of standards for the provision of competitive pay to physician
assistants of the Department in comparison to the pay of
physician assistants in the private sector.
(2) 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 the implementation of the national strategic plan under
paragraph (1).
Subtitle C--Eligibility
SEC. 321. CONSIDERATION OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL
ASSISTANCE FOR CERTAIN TIME ON ACTIVE DUTY IN RESERVE
COMPONENTS OF ARMED FORCES.
(a) In General.--Section 3301(1)(B) of title 38, United States
Code, is amended by striking ``12302, or 12304'' and inserting
``12301(h), 12302, 12304, 12304a, or 12304b''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall--
(1) take effect on the date that is one year after the date
of the enactment of this Act;
(2) apply with respect to assistance provided under chapter
33 of such title on and after the date that is one year after
the date of the enactment of this Act; and
(3) apply with respect to any member of a reserve component
of the Armed Forces who serves or has served on active duty
under section 12301(h), 12304a, or 12304b of title 10, United
States Code, before, on, or after the date of the enactment of
this Act.
SEC. 322. 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. 323. CONSIDERATION OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL
ASSISTANCE FOR CERTAIN TIME ON ACTIVE DUTY IN RESERVE
COMPONENTS OF ARMED FORCES.
(a) In General.--Section 3301(1)(B) of title 38, United States
Code, is amended by striking ``12302, or 12304'' and inserting
``12301(h), 12302, 12304, 12304a, or 12304b''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall--
(1) take effect on the date that is one year after the date
of the enactment of this Act;
(2) apply with respect to assistance provided under chapter
33 of such title on and after the date that is one year after
the date of the enactment of this Act; and
(3) apply with respect to any member of a reserve component
of the Armed Forces who serves or has served on active duty
under section 12301(h), 12304a, or 12304b of title 10, United
States Code, before, on, or after the date of the enactment of
this Act.
SEC. 324. ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS OF ARMED FORCES WHO LOST
ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER RESERVE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Election.--Section 16167 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance.--A member
who loses eligibility for benefits under this chapter pursuant to
subsection (b) shall be allowed to elect (in such form and manner as
the Secretary of Veterans Affairs may prescribe) to have such service
previously credited toward this chapter credited towards establishing
eligibility for educational assistance under chapter 33 of title 38,
United States Code, notwithstanding the provisions of section 16163(e)
of this title or section 3322(h)(1) of title 38.''.
(b) Qualification of Service.--Section 3301(1) of title 38, United
States Code, shall be construed to include, in the case of a member of
a reserve component of the Armed Forces who, before November 25, 2015,
established eligibility for educational assistance under chapter 1607
of title 10, United States Code, pursuant to section 16163(a)(1) of
such title, but lost eligibility for such educational assistance
pursuant to section 16167(b) of such title, service on active duty (as
defined in section 101 of such title) that satisfies the requirements
of section 16163(a)(1) of such title.
(c) Entitlement.--Section 3311(b)(8) of title 38, United States
Code, shall be construed to include an individual who, before November
25, 2015, established eligibility for educational assistance under
chapter 1607 of title 10, United States Code, pursuant to section
16163(b) of such title, but lost such eligibility pursuant to section
16167(b) of such title.
(d) Duration.--Notwithstanding section 3312 of title 38, United
States Code, an individual who establishes eligibility for educational
assistance under chapter 33 of such title by crediting towards such
chapter service previously credited towards chapter 1607 of title 10,
United States Code, is only entitled to a number of months of
educational assistance under section 3313 of title 38, United States
Code, equal to the number of months of entitlement remaining under
chapter 1607 of title 10, United States Code, at the time of conversion
to chapter 33 of title 38, United States Code.
TITLE IV--DISABILITY COMPENSATION AND PENSION
SEC. 401. APPEALS REFORM.
(a) Definitions.--Section 101 of title 38, United States Code, is
amended by adding at the end the following new paragraphs:
``(34) The term `Agency of Original Jurisdiction' means the
activity which entered the original determination with regard
to a claim for benefits under this title.
``(35) The term `relevant evidence' means evidence that
tends to prove or disprove a matter in issue.''.
(b) Notice of Supplemental Claims.--Section 5103 of title 38,
United States Code, is amended--
(1) in subsection (a)(2)(B)(i) by striking ``, a claim for
reopening a prior decision on a claim, or a claim for an
increase in benefits;'' and inserting ``or a supplemental
claim;''; and
(2) in subsection (b) by adding at the end the following
new paragraph:
``(6) Nothing in this section shall require notice to be
sent for a supplemental claim that is filed within the
timeframe set forth in subsections (a)(2)(B) and (a)(2)(D) of
section 5110 of this title.''.
(c) Disallowed Claims.--Subsection (f) of section 5103A of title
38, United States Code, is amended to read as follows:
``(f) Rule With Respect to Disallowed Claims.--Nothing in this
section shall be construed to require the Secretary to readjudicate a
claim that has been disallowed except when new and relevant evidence is
presented or secured, as described in section 5108 of this title.''.
(d) Duty To Assist.--Chapter 51 of title 38, United States Code, is
amended by adding the following new sections:
``Sec. 5103B. Applicability of duty to assist
``(a) The Secretary's duty to assist under section 5103A of this
title shall apply only to a claim, or supplemental claim, for a benefit
under a law administered by the Secretary until the time that a
claimant is provided notice of the Agency of Original Jurisdiction's
decision with respect to such claim, or supplemental claim, under
section 5104 of this title.
``(b) The Secretary's duty to assist under section 5103A of this
title shall not apply to higher-level review by the Agency of Original
Jurisdiction, pursuant to section 5104B of this title, or to review on
appeal by the Board of Veterans' Appeals.
``(c) Correction of Duty To Assist Errors.--
``(1) Higher-level review.--If, during review of the Agency
of Original Jurisdiction's decision under section 5104B of this
title, the higher-level reviewer identifies an error on the
part of the Agency of Original Jurisdiction to satisfy its
duties under section 5103A of this title, and that error
occurred prior to the Agency of Original Jurisdiction's
decision being reviewed, unless the claim can be granted in
full, the higher-level reviewer shall return the claim for
correction of such error and readjudication.
``(2) Board of veterans' appeals.--If the Board, during
review on appeal of an Agency of Original Jurisdiction
decision, identifies an error on the part of the Agency of
Original Jurisdiction to satisfy its duties under section 5103A
of this title, and that error occurred prior to the Agency of
Original Jurisdiction decision on appeal, unless the claim can
be granted in full, the Board shall remand the claim to the
Agency of Original Jurisdiction for correction of such error
and readjudication. Remand for correction of such error may
include directing the Agency of Original Jurisdiction to obtain
an advisory medical opinion under section 5109 of this title.
``Sec. 5104A. Binding nature of favorable findings
``Any finding favorable to the claimant as described in section
5104(b)(4) of this title shall be binding on all subsequent
adjudicators within the department, unless clear and convincing
evidence is shown to the contrary to rebut such favorable finding.
``Sec. 5104B. Higher-level review by the Agency of Original
Jurisdiction
``(a) In General.--The claimant may request a review of the
decision of the Agency of Original Jurisdiction by a higher-level
adjudicator within the Agency of Original Jurisdiction.
``(b) Time and Manner of Request.--A request for higher-level
review by the Agency of Original Jurisdiction must be in writing in the
form prescribed by the Secretary and made within one year of the notice
of the Agency of Original Jurisdiction's decision. Such request may
specifically indicate whether such review is requested by a higher-
level adjudicator at the same office within the Agency of Original
Jurisdiction or by an adjudicator at a different office of the Agency
of Original Jurisdiction.
``(c) Decision.--Notice of a higher-level review decision under
this section shall be provided in writing.
``(d) Evidentiary Record for Review.--The evidentiary record before
the higher-level reviewer shall be limited to the evidence of record in
the Agency of Original Jurisdiction's decision being reviewed.
``(e) De Novo Review.--Higher-level review under this section shall
be de novo.''.
(e) Denial of Benefits Sought.--Section 5104(b) of title 38, United
States Code, is amended to read as follows:
``(b) In any case where the Secretary denies a benefit sought, the
notice required by subsection (a) shall also include--
``(1) identification of the issues adjudicated;
``(2) a summary of the evidence considered by the
Secretary;
``(3) a summary of the applicable laws and regulations;
``(4) identification of findings favorable to the claimant;
``(5) identification of elements not satisfied leading to
the denial;
``(6) an explanation of how to obtain or access evidence
used in making the decision; and
``(7) if applicable, identification of the criteria that
must be satisfied to grant service connection or the next
higher level of compensation.''.
(f) Supplemental Claims.--Section 5108 of title 38, United States
Code, is amended to read as follows:
``Sec. 5108. Supplemental claims
``If new and relevant evidence is presented or secured with respect
to a supplemental claim, the Secretary shall readjudicate the claim
taking into consideration any evidence added to the record prior to the
former disposition of the claim.''.
(g) Section 5109 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(d) The Board of Veterans' Appeals may remand a claim to direct
the Agency of Original Jurisdiction to obtain an advisory medical
opinion under this section to correct an error on the part of the
Agency of Original Jurisdiction to satisfy its duties under section
5103A of this title when such error occurred prior to the Agency of
Original Jurisdiction's decision on appeal. The Board's remand
instructions shall include the questions to be posed to the independent
medical expert providing the advisory medical opinion.''.
(h) Effective Dates of Awards.--Section 5110 of title 38, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) In General.--Unless specifically provided otherwise in
this chapter, the effective date of an award based on an initial claim,
or a supplemental claim, of compensation, dependency and indemnity
compensation, or pension, shall be fixed in accordance with the facts
found, but shall not be earlier than the date of receipt of application
therefor.
``(2) Effect of Continuous Pursuit of a Claim on Effective Date of
Award.--For purposes of applying the effective date rules in this
section, the date of application shall be considered the date of the
filing of the initial application for a benefit provided that the claim
is continuously pursued by filing any of the following either alone or
in succession--
``(A) a request for higher-level review under section 5104B
of this title within one year of an Agency of Original
Jurisdiction decision;
``(B) a supplemental claim under section 5108 of this title
within one year of an Agency of Original Jurisdiction decision;
``(C) a notice of disagreement within one year of an Agency
of Original Jurisdiction decision; or
``(D) a supplemental claim under section 5108 of this title
within one year of a decision of the Board of Veterans'
Appeals.
``(3) Supplemental Claims Received More Than One Year After an
Agency of Original Jurisdiction Decision or Decision by the Board of
Veterans' Appeals.--Except as otherwise provided in this section, for
supplemental claims received more than one year after an Agency of
Original Jurisdiction decision or a decision by the Board of Veterans'
Appeals, the effective date shall be fixed in accordance with the facts
found, but shall not be earlier than the date of receipt of the
supplemental claim.''; and
(2) in subsection (i) by--
(A) striking ``reopened'' and replacing it with
``readjudicated'';
(B) striking ``material'' and replacing it with
``relevant''; and
(C) striking ``reopening'' and replacing it with
``readjudication''.
(i) Commencement of Period of Payment.--Section 5111(d)(1) of title
38, United States Code, is amended by striking ``or reopened award;''
and replacing it with ``award or award based on a supplemental
claim;''.
(j) Recognition of Agents and Attorneys.--Section 5904 of title 38,
United States Code, is amended--
(1) in subsection (c)(1) by striking ``notice of
disagreement is filed'' and replacing it with ``claimant is
provided notice of the Agency of Original Jurisdiction's
initial decision under section 5104 of this title''; and
(2) in subsection (c)(2) by striking ``notice of
disagreement is filed'' and replacing it with ``claimant is
provided notice of the Agency of Original Jurisdiction's
initial decision under section 5104 of this title''.
(k) Reconsideration; Correction of Obvious Errors.--Section
7103(b)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A) by striking ``heard'' and replacing
it with ``decided''; and
(2) in subparagraph (B) by striking ``heard'' and replacing
it with ``decided''.
(l) Prohibition on Readjudication of Disallowed Claims by Board.--
Section 7104(b) of title 38, United States Code, is amended by striking
``reopened'' and replacing it with ``readjudicated''.
(m) Appellate Review Forms.--Section 7105 of title 38, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking the first sentence and replacing it
with ``Appellate review will be initiated by the filing
of a notice of disagreement in the form prescribed by
the Secretary.''; and
(B) by striking ``hearing and'';
(2) by amending subsection (b) to read as follows:
``(b)(1) Except in the case of simultaneously contested claims,
notice of disagreement shall be filed within one year from the date of
the mailing of notice of the Agency of Original Jurisdiction's decision
under section 5104, 5104B, or 5108. A notice of disagreement postmarked
before the expiration of the one-year period will be accepted as timely
filed. A question as to timeliness or adequacy of the notice of
disagreement shall be decided by the Board.
``(2) Notices of disagreement must be in writing, must set out
specific allegations of error of fact or law, and may be filed by the
claimant, the claimant's legal guardian, or such accredited
representative, attorney, or authorized agent as may be selected by the
claimant or legal guardian. Not more than one recognized organization,
attorney, or agent will be recognized at any one time in the
prosecution of a claim. Notices of disagreement must be filed with the
Board.
``(3) The notice of disagreement shall indicate whether the
claimant requests a hearing before the Board, requests an opportunity
to submit additional evidence without a Board hearing, or requests
review by the Board without a hearing or submission of additional
evidence. If the claimant does not expressly request a Board hearing in
the notice of disagreement, no Board hearing will be held.'';
(3) by amending subsection (c) to read as follows:
``(c) If no notice of disagreement is filed in accordance with this
chapter within the prescribed period, the Agency of Original
Jurisdiction's action or decision shall become final and the claim will
not thereafter be readjudicated or allowed, except as may otherwise be
provided by section 5104B or 5108 of this title or regulations not
inconsistent with this title.'';
(4) by striking subsections (d)(1) through (d)(5);
(5) by adding a new subsection (d) to read as follows:
``(d) The Board of Veterans' Appeals may dismiss any appeal which
fails to allege specific error of fact or law in the decision being
appealed.''; and
(6) by striking subsection (e).
(n) Notice of Disagreement in Simultaneously Contested Claims.--
Section 7105A(b) of title 38, United States Code, is amended to read as
follows:
``(b) The substance of the notice of disagreement will be
communicated to the other party or parties in interest and a period of
thirty days will be allowed for filing a brief or argument in response
thereto. Such notice shall be forwarded to the last known address of
record of the parties concerned, and such action shall constitute
sufficient evidence of notice.''.
(o) Administrative Appeals.--Strike section 7106 of title 38,
United States Code.
(p) Appeals, Dockets; Hearings.--Section 7107 of title 38, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Board shall maintain two separate dockets. A non-hearing
option docket shall be maintained for cases in which no Board hearing
is requested and no additional evidence will be submitted. A separate
and distinct hearing option docket shall be maintained for cases in
which a Board hearing is requested in the notice of disagreement or in
which no Board hearing is requested, but the appellant requests, in the
notice of disagreement, an opportunity to submit additional evidence.
Except as provided in subsection (b), each case before the Board will
be decided in regular order according to its respective place on the
Board's non-hearing option docket or the hearing option docket.'';
(2) by amending subsection (b) to read as follows:
``(b) Advancement on the Docket.--A case on either the Board's non-
hearing option docket or hearing option docket, may, for cause shown,
be advanced on motion for earlier consideration and determination. Any
such motion shall set forth succinctly the grounds upon which the
motion is based. Such a motion may be granted only--
``(1) if the case involves interpretation of law of general
application affecting other claims;
``(2) if the appellant is seriously ill or is under severe
financial hardship; or
``(3) for other sufficient cause shown.'';
(3) by amending subsection (c) to read as follows:
``(c) Manner and Scheduling of Hearings for Cases on Board Hearing
Option Docket.--(1) For cases on the Board hearing option docket in
which a hearing is requested in the notice of disagreement, the Board
shall notify the appellant whether a Board hearing will be held--
``(A) at its principal location, or
``(B) by picture and voice transmission at a facility of
the Department where the Secretary has provided suitable
facilities and equipment to conduct such hearings.
``(2)(A) Upon notification of a Board hearing at the Board's
principal location as described in subsection (c)(1)(A) of this
section, the appellant may alternatively request a hearing as described
in subsection (c)(1)(B) of this section. If so requested, the Board
shall grant such request.
``(B) Upon notification of a Board hearing by picture and voice
transmission as described in subsection (c)(1)(B) of this section, the
appellant may alternatively request a hearing as described in
subsection (c)(1)(A) of this section. If so requested, the Board shall
grant such request.''; and
(4) by striking subsections (d) and (e) and redesignating
subsection (f) as subsection (d).
(q) Independent Medical Opinions.--Strike section 7109 of title 38,
United States Code.
(r) Submittal of Certain Requests to Board.--Section 7111(e) of
title 38, United States Code, is amended by striking ``merits, without
referral to any adjudicative or hearing official acting on behalf of
the Secretary.'' and replacing it with ``merits.''.
(s) Evidentiary Record Before Board.--Chapter 71 of title 38,
United States Code, is amended by adding the following new section:
``Sec. 7113. Evidentiary record before the Board
``(a) Non-Hearing Option Docket.--For cases in which a Board
hearing is not requested in the notice of disagreement, the evidentiary
record before the Board shall be limited to the evidence of record at
the time of the Agency of Original Jurisdiction decision on appeal.
``(b) Hearing Option Docket.--
``(1) Hearing requested.--Except as provided in paragraph
(2) of this subsection, for cases on the hearing option docket
in which a hearing is requested in the notice of disagreement,
the evidentiary record before the Board shall be limited to the
evidence of record at the time of the Agency of Original
Jurisdiction decision on appeal.
``(2) Exceptions.--The evidentiary record before the Board
for cases on the hearing option docket in which a hearing is
requested, shall include each of the following, which the Board
shall consider in the first instance--
``(A) evidence submitted by the appellant and his
or her representative, if any, at the Board hearing;
and
``(B) evidence submitted by the appellant and his
or her representative, if any, within 90 days following
the Board hearing.
``(3) Hearing not requested.--(A) Except as provided in
subparagraph (B) of this paragraph, for cases on the hearing
option docket in which a hearing is not requested in the notice
of disagreement, the evidentiary record before the Board shall
be limited to the evidence considered by the Agency of Original
Jurisdiction in the decision on appeal.
``(B) The evidentiary record before the Board for cases on
the hearing option docket in which a hearing is not requested,
shall include each of the following, which the Board shall
consider in the first instance--
``(i) evidence submitted by the appellant and his
or her representative, if any, with the notice of
disagreement; and
``(ii) evidence submitted by the appellant and his
or her representative, if any, within 90 days following
receipt of the notice of disagreement.''.
(t) Conforming Amendment.--The heading of section 7105 is amended
by striking ``notice of disagreement and''.
(u) Clerical Amendments.--
(1) Chapter 51.--The table of sections at the beginning of
chapter 51 of title 38, United States Code, is amended--
(A) by inserting after the item relating to section
5103A the following new item:
``5103B. Applicability of duty to assist.'';
(B) by inserting after the item relating to section
5104 the following new items:
``5104A. Binding nature of favorable findings.
``5104B. Higher-level review by the Agency of Original Jurisdiction.'';
and
(C) in the item relating to section 5108, by
striking ``Reopening disallowed claims.'' and inserting
``Supplemental claims.''.
(2) Chapter 71.--The table of sections at the beginning of
chapter 71 of title 38, United States Code, is amended--
(A) by striking the item relating to section 7106;
(B) by striking the item relating to section 7109;
(C) by adding at the end the following new item:
``7113. The evidentiary record before the Board.'';
and
(D) in the item relating to section 7105, by
striking ``notice of disagreement and''.
SEC. 402. TREATMENT OF MEDICAL EVIDENCE PROVIDED BY NON-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL PROFESSIONALS IN SUPPORT OF
CLAIMS FOR DISABILITY COMPENSATION.
(a) Acceptance of Reports of Private Physician Examinations.--
Section 5125 of such title is amended--
(1) by striking ``For purposes'' and inserting ``(a) In
General.--'';
(2) by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following new subsection:
``(b) Sufficiently Complete Defined.--For purposes of a report
described in subsection (a), the term `sufficiently complete' means
competent, credible, probative, and containing such information as may
be required to make a decision on the claim for which the report is
provided.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to medical evidence submitted after the date that is
90 days after the date of the enactment of this Act.
SEC. 403. REPORT ON PROGRESS OF ACCEPTABLE CLINICAL EVIDENCE
INITIATIVE.
(a) 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 progress of the
Acceptable Clinical Evidence initiative of the Department of Veterans
Affairs 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, as amended by section 2.
(b) Contents of Report.--The report required by subsection (a)
shall include the following:
(1) The number of claims eligible for the Acceptable
Clinical Evidence initiative during the period beginning on the
date of the commencement of the initiative and ending on the
date of the submittal of the report, disaggregated by fiscal
year.
(2) The total number of claims eligible for the Acceptable
Clinical Evidence initiative that required a medical examiner
of the Department to supplement the evidence with information
obtained during a telephone interview with a claimant.
(3) Information on any other initiatives or efforts of the
Department to further encourage the use of private medical
evidence 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.
(4) The anticipated impact on the timeline and accuracy of
a decision on a claim for benefits under chapter 11 or 15 of
title 38, United States Code, if the Secretary were prohibited
from requesting a medical examination in the case of a claim in
support of which a claimant submits medical evidence and a
medical opinion provided by a private physician that is
competent, credible, probative, and otherwise adequate for the
purpose of making a decision on that claim.
(5) Recommendations on how the Department can 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.
SEC. 404. ANNUAL REPORT.
Not later than March 1 of each year, the Secretary of Veterans
Affairs shall submit to Congress a report that includes, for the
calendar year preceding the year in which the report is submitted, the
following for each regional office of the Department of Veterans
Affairs:
(1) The number of times a veteran who submitted private
medical evidence in support of a claim for compensation or
pension under the laws administered by the Secretary was
scheduled for an examination performed by Department personnel
because the private medical evidence submitted was determined
to be unacceptable.
(2) The most common reasons why private medical evidence
submitted in support of claims for benefits under the laws
administered by the Secretary was determined to be
unacceptable.
(3) The types of disabilities for which claims for benefits
under the laws administered by the Secretary were most commonly
denied when private medical evidence was submitted.
SEC. 405. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A) Upon request for a hearing, the Board shall determine, for
purposes of scheduling the hearing for the earliest possible date,
whether a hearing before the Board will be held at its principal
location or at a facility of the Department or other appropriate
Federal facility located within the area served by a regional office of
the Department. The Board shall also determine whether to provide a
hearing through the use of the facilities and equipment described in
subsection (e)(1) or by the appellant personally appearing before a
Board member or panel.
``(B) The Board shall notify the appellant of the determinations of
the location and type of hearing made under subparagraph (A). Upon
notification, the appellant may request a different location or type of
hearing as described in such subparagraph. If so requested, the Board
shall grant such request and ensure that the hearing is scheduled at
the earliest possible date without any undue delay or other prejudice
to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the facilities and
equipment described in paragraph (1) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''.
SEC. 406. EXPEDITED PAYMENT OF SURVIVOR'S BENEFITS.
(a) In General.--Section 5101(a)(1) of title 38, United States
Code, is amended--
(1) by striking ``A specific'' and inserting ``(A) Except
as provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13 and 15
and sections 2302, 2307, and 5121 of this title to a survivor of a
veteran who has not filed a formal claim if the Secretary determines
that the record contains sufficient evidence to establish the
entitlement of the survivor to such benefits.
``(ii) For purposes of this subparagraph and section 5110 of this
title, the date on which a survivor of a veteran notifies the Secretary
of the death of the veteran shall be treated as the date of the receipt
of the survivor's application for benefits described in clause (i).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to claims for benefits based on a death occurring on
or after the date of the enactment of this Act.
SEC. 407. DEFINITION OF SPOUSE FOR PURPOSES OF VETERAN BENEFITS TO
REFLECT NEW STATE DEFINITIONS OF SPOUSE.
(a) Definitions.--Section 101 of title 38, United States Code, is
amended--
(1) in paragraph (3), by striking ``of the opposite sex'';
and
(2) in paragraph (31), by striking ``of the opposite sex
who is a wife or husband'' and inserting ``in a marriage
recognized under section 103 of this title''.
(b) Determination.--Subsection (c) of section 103 of such title is
amended to read as follows:
``(c)(1) For the purposes of all laws administered by the
Secretary, the Secretary shall recognize a marriage based on the law of
the State where the marriage occurred. In the case of a marriage that
occurred outside a State, the Secretary shall recognize the marriage if
the marriage was lawful in the place where it occurred and could have
been entered into under the laws of any State. Except in the case of a
purported marriage deemed valid under subsection (a), the Secretary may
not recognize more than one marriage for any person at the same time.
``(2) In this subsection, the term `State' has the meaning given
that the term in section 101(20) of this title, except that such term
also includes the Commonwealth of the Northern Mariana Islands.''.
SEC. 408. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR MILITARY RETIREES WITH
COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Inclusion of Retirees With Service-Connected Disabilities Rated
Less Than 50 Percent.--Subsection (a) of section 1414 of title 10,
United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject'';
(2) by striking ``qualifying service-connected disability''
and inserting ``service-connected disability''; and
(3) by striking paragraph (2).
(b) Inclusion of Disability Retirees With Less Than 20 Years of
Service.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``member retired'' and
inserting ``qualified retiree who is retired''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Disability retirees with less than 20 years of
service.--The retired pay of a qualified retiree who is retired
under chapter 61 of this title with fewer than 20 years of
creditable service is subject to reduction under sections 5304
and 5305 of title 38, but only by the amount (if any) by which
the amount of the member's retired pay under such chapter
exceeds the amount equal to 2\1/2\ percent of the member's
years of creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this title,
whichever is applicable to the member.''.
(c) Conforming Amendments Reflecting End of Concurrent Receipt
Phase-In Period.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(d) Clerical Amendments.--
(1) Section heading.--The heading for such section is
amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(e) Conforming Amendment Reflecting Subsection Redesignation.--
Section 1413a(f) of such title is amended by striking ``Subsection
(d)'' and inserting ``Subsection (c)''.
(f) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date.
SEC. 409. EXTENSION OF CERTAIN AUTHORITIES OF SECRETARY OF VETERANS
AFFAIRS REGARDING ASSOCIATIONS BETWEEN DISEASES AND
EXPOSURE TO DIOXIN AND OTHER CHEMICAL COMPOUNDS IN
HERBICIDES.
(a) Use of Information To Provide for Presumption of Service
Connection.--Section 1116(e) of title 38, United States Code, is
amended by striking ``September 30, 2015'' and inserting ``September
30, 2017''.
(b) Agreement With National Academy of Sciences.--Section 3(i) of
the Agent Orange Act of 1991 (Public Law 102-4; 38 U.S.C. 1116 note) is
amended by striking ``December 31, 2015'' and inserting ``December 31,
2017''.
TITLE V--HOUSING AND HOMELESSNESS
SEC. 501. FIVE-YEAR EXTENSION OF HOMELESS VETERANS REINTEGRATION
PROGRAMS.
Section 2021(e)(1)(F) of title 38, United States Code, is amended
by striking ``2015'' and inserting ``2020''.
SEC. 502. CLARIFICATION OF ELIGIBILITY FOR SERVICES UNDER HOMELESS
VETERANS REINTEGRATION PROGRAMS.
Subsection (a) of section 2021 of title 38, United States Code, is
amended by striking ``reintegration of homeless veterans into the labor
force.'' and inserting the following:
``reintegration into the labor force of--
``(1) homeless veterans;
``(2) veterans participating in the Department of Veterans
Affairs supported housing program for which rental assistance
provided pursuant to section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)); and
``(3) veterans who are transitioning from being
incarcerated.''.
SEC. 503. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
(a) Transfer of Position to Office of the Secretary.--Section 4 of
the Department of Housing and Urban Development Act (42 U.S.C. 3533) is
amended by adding at the end the following new subsection:
``(h) Special Assistant for Veterans Affairs.--
``(1) Position.--There shall be in the Office of the
Secretary a Special Assistant for Veterans Affairs, who shall
report directly to the Secretary.
``(2) Appointment.--The Special Assistant for Veterans
Affairs shall be appointed based solely on merit and shall be
covered under the provisions of title 5, United States Code,
governing appointments in the competitive service.
``(3) Responsibilities.--The Special Assistant for Veterans
Affairs shall be responsible for--
``(A) ensuring veterans have fair access to housing
and homeless assistance under each program of the
Department providing either such assistance;
``(B) coordinating all programs and activities of
the Department relating to veterans;
``(C) serving as a liaison for the Department with
the Department of Veterans Affairs, including
establishing and maintaining relationships with the
Secretary of Veterans Affairs;
``(D) serving as a liaison for the Department, and
establishing and maintaining relationships with the
United States Interagency Council on Homelessness and
officials of State, local, regional, and
nongovernmental organizations concerned with veterans;
``(E) providing information and advice regarding--
``(i) sponsoring housing projects for
veterans assisted under programs administered
by the Department; or
``(ii) assisting veterans in obtaining
housing or homeless assistance under programs
administered by the Department;
``(F) coordinating with the Secretary of Housing
and Urban Development and the Secretary of Veterans
Affairs in carrying out section 3 of the Homes for
Heroes Act of 2015; and
``(G) carrying out such other duties as may be
assigned to the Special Assistant by the Secretary or
by law.''.
(b) Transfer of Position in Office of Deputy Assistant Secretary
for Special Needs.--On the date that the initial Special Assistant for
Veterans Affairs is appointed pursuant to section 4(h)(2) of the
Department of Housing and Urban Development Act, as added by subsection
(a) of this section, the position of Special Assistant for Veterans
Programs in the Office of the Deputy Assistant Secretary for Special
Needs of the Department of Housing and Urban Development shall be
terminated.
SEC. 504. ANNUAL SUPPLEMENTAL REPORT ON VETERANS HOMELESSNESS.
(a) In General.--The Secretary of Housing and Urban Development and
the Secretary of Veterans Affairs, in coordination with the United
States Interagency Council on Homelessness, shall submit annually to
the Committees of the Congress specified in subsection (b), together
with the annual reports required by such Secretaries under section
203(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11313(c)(1)), a supplemental report that includes the following
information with respect to the preceding year:
(1) The same information, for such preceding year, that was
included with respect to 2010 in the report by the Secretary of
Housing and Urban Development and the Secretary of Veterans
Affairs entitled ``Veterans Homelessness: A Supplemental Report
to the 2010 Annual Homeless Assessment Report to Congress''.
(2) Information regarding the activities of the Department
of Housing and Urban Development relating to veterans during
such preceding year, as follows:
(A) The number of veterans provided assistance
under the housing choice voucher program for Veterans
Affairs supported housing (VASH) under section 8(o)(19)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)), the socioeconomic characteristics of
such homeless veterans, and the number, types, and
locations of entities contracted under such section to
administer the vouchers.
(B) A summary description of the special
considerations made for veterans under public housing
agency plans submitted pursuant to section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1)
and under comprehensive housing affordability
strategies submitted pursuant to section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(C) A description of the activities of the Special
Assistant for Veterans Affairs of the Department of
Housing and Urban Development.
(D) A description of the efforts of the Department
of Housing and Urban Development and the other members
of the United States Interagency Council on
Homelessness to coordinate the delivery of housing and
services to veterans.
(E) The cost to the Department of Housing and Urban
Development of administering the programs and
activities relating to veterans.
(F) Any other information that the Secretary of
Housing and Urban Development and the Secretary of
Veterans Affairs consider relevant in assessing the
programs and activities of the Department of Housing
and Urban Development relating to veterans.
(b) Committees.--The Committees of the Congress specified in this
subsection are as follows:
(1) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House of
Representatives.
(5) The Committee on Veterans' Affairs of the House of
Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
SEC. 505. ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS.
(a) Establishment.--In addition to any other programs carried out
by the Secretary of Veterans Affairs regarding providing housing to
homeless veterans, not later than one year after the date of the
enactment of this Act, the Secretary shall commence a pilot grant
program to assess the feasibility and advisability of awarding grants
to eligible entities to purchase and renovate abandoned homes for
homeless veterans.
(b) Grants.--
(1) Award.--In carrying out the pilot program under
subsection (a), the Secretary shall award grants to eligible
entities to purchase and renovate abandoned homes for homeless
veterans.
(2) Maximum amount.--The amount of a single grant awarded
under paragraph (1) shall not exceed $1,000,000.
(3) Number.--The Secretary may award to an eligible entity
more than one grant under paragraph (1).
(c) Eligible Entities.--The Secretary may award a grant under
subsection (b)(1) to any of the following:
(1) A veterans service agency.
(2) A veterans service organization.
(3) Homeless organizations.
(4) Any other nongovernmental organization.
(d) Selection of Grant Recipients.--
(1) Application.--Any eligible entity seeking a grant under
subsection (b)(1) shall submit to the Secretary an application
therefore in such form and in such manner as the Secretary
considers appropriate.
(2) Selection priority.--
(A) Communities with greatest need.--Subject to
subparagraph (B), in accordance with regulations the
Secretary shall prescribe, the Secretary shall give
priority in the awarding of grants under subsection
(b)(1) to eligible entities who serve communities that
the Secretary determines have the greatest need of
homeless services.
(B) Geographic distribution.--The Secretary may
give priority in the awarding of grants under
subsection (b)(1) to achieve a fair distribution, as
determined by the Secretary, among homeless veterans in
different geographical regions.
(C) Other agreements.--In awarding a grant under
subsection (b)(1) to an eligible entity in a location
determined pursuant to subparagraphs (A) and (B), the
Secretary shall give preference to eligible entities
that are entered into an agreement with the Secretary
under section 2041 of title 38, United States Code.
(D) Other authorities.--Except as provided by
subparagraph (C), the Secretary shall award a grant
under subsection (b)(1) without regard to whether the
eligible entity has received any other grant or benefit
from the Federal Government relating to providing
housing to homeless veterans.
(e) Use of Grant Funds.--
(1) Purposes.--A grantee may use amounts of a grant awarded
to the grantee under subsection (b)(1) to purchase or renovate
abandoned homes, including homes that have been foreclosed.
(2) Maximum purchase amount.--Not more than $300,000 of the
amount of a grant awarded under subsection (b)(1) may be used
for the purchase of a single home.
(3) Payment program.--
(A) The United States shall not have any ownership
interest in a home that is purchased by a grantee using
amounts of a grant awarded under subsection (b)(1).
(B) Each grantee shall ensure that, beginning one
year after the date on which a veteran begins to reside
in a home purchased or renovated by the grantee using a
grant awarded under subsection (b)(1), the veteran
makes monthly payments to the grantee in an amount
determined appropriate by the grantee that is not less
than 85 percent of the fair market rent for such home.
(C) Each grantee shall determine whether payments
made by a veteran under subparagraph (B) shall be
treated as rent or as a mortgage for the home for which
the veteran is making such payments. The Secretary, in
coordination with the Secretary of Housing and Urban
Development, shall determine the requirements for such
payments.
(D) Each grantee shall pay to the Secretary of
Veterans Affairs not less than 80 percent of each
payment received under subparagraph (B).
(E) The Secretary may conduct an audit of any
grantee to ensure that the grantee carries out this
paragraph.
(4) Veterans homelessness grant fund.--
(A) There is established in the Treasury a fund to
be known as the ``Veterans Homelessness Grant Fund''
(in this paragraph referred to as the ``Fund'').
(B) The Secretary shall deposit into the Fund the
payments collected by the Secretary under paragraph
(3)(D).
(C) Amounts deposited into the Fund pursuant to
subparagraph (B) shall be available to the Secretary to
carry out the pilot program under subsection (a)
without further appropriation and such amounts shall
remain available until expended. The Secretary may not
use such amounts from the Fund for any other purpose
unless pursuant to a specific provision of law.
(f) Responsibilities of Secretary.--In carrying out the pilot
program under subsection (a), the Secretary shall ensure the following:
(1) Proper oversight.
(2) The protection of veterans from returning to
homelessness.
(3) The ability of the Secretary to respond to disputes.
(g) Duration.--The Secretary shall carry out the pilot program
under subsection (a) during the three-year period beginning on the date
of the commencement of the pilot program.
(h) Annual Reports.--During each year in which the Secretary
carries out the pilot program under subsection (a), the Secretary shall
submit to Congress a report that details, with respect to the year
covered by the report, the number of grants awarded, the amounts so
awarded, the progress of home purchase and renovation made by eligible
entities using such grants, and the number of tenants currently paying
rent towards such homes.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary a total of $25,000,000 to carry out the
pilot program under subsection (a) and any such amounts appropriated
shall remain available until expended.
(j) Homeless Veteran Defined.--In this section, the term ``homeless
veteran'' has the meaning given that term in section 2002 of title 38,
United States Code.
SEC. 506. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF
BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 2002(1) of title 38, United States Code, is amended by
inserting ``or (b)'' after ``section 103(a)''.
TITLE VI--EMPLOYMENT AND TRAINING
SEC. 601. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE NATIONAL
GUARD AND RESERVE AND VETERANS OF THE ARMED FORCES.
(a) Program Authority.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of Defense to
provide job placement assistance and related employment services
directly to members of the National Guard and Reserves and veterans of
the Armed Forces.
(b) Administration.--The pilot program shall be offered to, and
administered by, the adjutants general appointed under section 314 of
title 32, United States Code.
(c) Cost-Sharing Requirement.--As a condition on the provision of
funds under this section to a State to support the operation of the
pilot program in the State, the State must agree to contribute an
amount, derived from non-Federal sources, equal to at least 30 percent
of the funds provided by the Secretary of Defense to the State under
this section.
(d) Direct Employment Program Model.--The pilot program should
follow a job placement program model that focuses on working one-on-one
with a member of a reserve component to cost-effectively provide job
placement services, including services such as identifying unemployed
and underemployed members and veterans, job matching services, resume
editing, interview preparation, and post-employment follow up.
Development of the pilot program should be informed by State direct
employment programs for members and veterans, such as the programs
conducted in California and South Carolina.
(e) Evaluation.--The Secretary of Defense shall develop outcome
measurements to evaluate the success of the pilot program.
(f) Reporting Requirements.--
(1) Report required.--Not later than March 1, 2019, the
Secretary of Defense shall submit to the congressional defense
committees a report describing the results of the pilot
program. The Secretary shall prepare the report in coordination
with the Chief of the National Guard Bureau.
(2) Elements of report.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot program,
including the number of members of the reserve
components and veterans of the Armed Forces hired and
the cost-per-placement of participating members and
veterans.
(B) An assessment of the impact of the pilot
program and increased reserve component employment
levels on the readiness of members of the reserve
components.
(C) A comparison of the pilot program to other
programs conducted by the Department of Defense and
Department of Veterans Affairs to provide unemployment
and underemployment support to members of the reserve
components and veterans of the Armed Forces.
(D) Any other matters considered appropriate by the
Secretary.
(g) Limitation on Total Fiscal-Year Obligations.--The total amount
obligated by the Secretary of Defense to carry out the pilot program
for any fiscal year may not exceed $20,000,000.
(h) Duration of Authority.--The authority to carry out the pilot
program expires on September 30, 2018, except that the Secretary may
extend the pilot program for not more than two additional fiscal years.
SEC. 602. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding after section 8128 the following new
section:
``Sec. 8129. Preference for offerors employing veterans
``(a) Preference.--In awarding a contract (or task order) for the
procurement of goods or services, the Secretary may give a preference
to offerors that employ veterans on a full-time basis. The Secretary
shall determine such preference based on the percentage of the full-
time employees of the offeror who are veterans.
``(b) Enforcement Penalties for Misrepresentation.--(1) Any offeror
that is determined by the Secretary to have willfully and intentionally
misrepresented the veteran status of the employees of the offeror for
purposes of subsection (a) shall be debarred from contracting with the
Department for a period of not less than 5 years.
``(2) In the case of a debarment under paragraph (1), the Secretary
shall commence debarment action against the offeror by not later than
30 days after determining that the offeror willfully and intentionally
misrepresented the veteran status of the employees of the offeror as
described in paragraph (1) and shall complete debarment actions against
such offeror by not later than 90 days after such determination.
``(3) The debarment of an offeror under paragraph (1) includes the
debarment of all principals in the offeror for a period of not less
than 5 years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
8128 the following new item:
``8129. Preference for offerors employing veterans.''.
SEC. 603. VETERANS MANUFACTURING EMPLOYMENT PROGRAM.
(a) Establishment of Pilot Program.--To encourage the employment of
eligible veterans in manufacturing, the Secretary of Labor, as part of
the Veteran's Workforce Investment Program, shall carry out a pilot
program to be known as the ``Veterans Manufacturing Employment
Program''. Under the pilot program, the Secretary shall award
competitive grants to three States for the establishment and
administration of a State program to make grants to manufacturing
employers and labor-management organizations that provide covered
training, on-job training, apprenticeships, and certification classes
to eligible veterans. Such a program shall be known as a ``State
Manufacturing Employment Program''.
(b) Eligibility for Grants.--To be eligible to receive a grant
under the pilot program, a State shall submit to the Secretary an
application that includes each of the following:
(1) A proposal for the expenditure of grant funds to
establish and administer a public-private partnership program
designed to provide covered training, on-job training,
apprenticeships, and certification classes to a significant
number of eligible veterans and ensure lasting and sustainable
employment in well-paying jobs in manufacturing.
(2) Evidence that the State has--
(A) a population of eligible veterans of an
appropriate size to carry out the State program;
(B) a robust and diverse manufacturing industry;
and
(C) the ability to carry out the State program
described in the proposal under paragraph (1).
(3) Such other information and assurances as the Secretary
may require.
(c) Use of Funds.--A State that is the recipient of a grant under
this section shall use the grant for the following purposes:
(1) Making grants to manufacturing employers and labor-
management organizations to reimburse such employers and
organizations for the cost of providing covered training, on-
job training, apprenticeships, and certification classes to
eligible veterans.
(2) Conducting outreach to inform manufacturing employers,
labor-management organizations, and veterans, including
veterans in rural areas, of their eligibility or potential
eligibility for participation in the State program.
(d) Conditions.--Under the pilot program, each grant to a State
shall be subject to the following conditions:
(1) The State shall repay to the Secretary, on such date as
shall be determined by the Secretary, any amount received under
the pilot program that is not used for the purposes described
in subsection (c).
(2) The State shall submit to the Secretary, at such times
and containing such information as the Secretary shall require,
reports on the use of grant funds.
(e) Employer Requirements.--In order to receive a grant made by a
State under the pilot program, a manufacturing employer shall--
(1) submit to the administrator of the State Manufacturing
Employment Program an application that includes--
(A) the rate of pay for each eligible veteran
proposed to be trained using grant funds;
(B) the average rate of pay for an individual
employed by the manufacturing employer in a similar
position who is not an eligible veteran; and
(C) such other information and assurances as the
administrator may require; and
(2) agree to submit to the administrator, for each quarter,
a report containing such information as the Secretary may
specify.
(f) Limitation.--None of the funds made available to a
manufacturing employer through a grant under the pilot program may be
used to provide training of any kind to a person who is not an eligible
veteran.
(g) Report to Congress.--Together with the report required to be
submitted annually under section 4107(c) of title 38, United States
Code, the Secretary shall submit to Congress a report on the pilot
program for the year covered by such report. The report on the pilot
program shall include a detailed description of activities carried out
under this section and an evaluation of the program.
(h) Administrative and Reporting Costs.--Of the amounts
appropriated pursuant to the authorization of appropriations under
subsection (j), 2 percent shall be made available to the Secretary for
administrative costs associated with implementing and evaluating the
pilot program under this section and for preparing and submitting the
report required under subsection (f). The Secretary shall determine the
appropriate maximum amount of each grant awarded under this section
that may be used by the recipient for administrative and reporting
costs.
(i) Definitions.--For purposes of this section:
(1) The term ``covered training, on-job training,
apprenticeships, and certification classes'' means training,
on-job training, apprenticeships, and certification classes
that are--
(A) designed to provide the veteran with skills
that are particular to manufacturing and not directly
transferable to employment in another industry; and
(B) approved as provided in paragraph (1) or (2),
as appropriate, of subsection (a) of section 3687 of
title 38, United States Code.
(2) The term ``eligible veteran'' means a veteran, as that
term is defined in section 101(3) of title 38, United States
Code, who is employed by a manufacturing employer and enrolled
or participating in a covered training, on-job training,
apprenticeship, or certification class.
(3) The term ``manufacturing employer'' means a business
concern--
(A) that employs individuals in a trade or business
in manufacturing;
(B) the production facilities of which are located
in the United States; and
(C) the primary business of which is classified in
sector 31, 32, or 33 of the North American Industrial
Classification System.
(j) Appropriations.--There is authorized to be appropriated to the
Secretary $10,000,000 for each of fiscal years 2016 through 2020, for
the purpose of carrying out the pilot program.
SEC. 604. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND
PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 8127(h) of title 38, United States Code,
is amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
100 percent disabling or who dies as a result of a
service-connected disability, is 10 years after the
date of the veteran's death; or
``(ii) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
less than 100 percent disabling who does not die as a
result of a service-connected disability, is 3 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 contracts awarded
on or after such date.
SEC. 605. ACCESS TO EXCESS OR SURPLUS PROPERTY FOR VETERAN-OWNED SMALL
BUSINESSES.
Subparagraph (B) of section 32(c)(3) of the Small Business Act (15
U.S.C. 657b(c)(3)(B)) is amended--
(1) in clause (v), by striking ``; and'' and inserting a
semicolon;
(2) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new clause:
``(vii) providing access to and managing
the distribution of excess or surplus property
owned by the United States to small business
concerns owned and controlled by veterans,
pursuant to a memorandum of understanding
between the task force and the head of the
appropriate State agency for surplus
property.''.
TITLE VII--CONSTRUCTION AND LEASES
SEC. 701. CONGRESSIONAL APPROVAL OF DEPARTMENT OF VETERANS AFFAIRS
MAJOR MEDICAL FACILITY LEASES.
(a) In General.--Section 8104(a)(2) of title 38, United States
Code, is amended--
(1) by striking ``No funds'' and inserting ``(A) No
funds'';
(2) by striking ``or any major medical facility lease'';
(3) by striking ``or lease''; and
(4) by adding at the end the following new subparagraph:
``(B) No funds may be appropriated for any fiscal year for any
major medical facility lease unless the Committees on Veterans' Affairs
of the Senate and House of Representatives adopt resolutions approving
the lease.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to a lease entered into after the date of the
enactment of this Act.
SEC. 702. PROGRAM FOR THE CONSTRUCTION OF DEPARTMENT OF VETERANS
AFFAIRS MAJOR MEDICAL FACILITY PROJECTS BY NON-FEDERAL
ENTITIES UNDER PARTNERSHIP AGREEMENTS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a program under which the Secretary shall enter into partnership
agreements on a competitive basis with appropriate non-Federal entities
for the construction of major construction projects authorized by law.
(b) Selection of Projects.--The Secretary shall select major
construction projects for completion by non-Federal entities under the
program. Each project selected shall be a major medical facility
project authorized by law for the construction of a new facility for
which--
(1) Congress has appropriated any funds;
(2) the design and development phase is complete; and
(3) construction has not begun, as of the date of the
enactment of this Act.
(c) Agreements.--Each partnership agreement for a construction
project under the program shall provide that--
(1) the non-Federal entity shall obtain any permits
required pursuant to Federal and State laws before beginning to
carry out construction; and
(2) if requested by the non-Federal entity, the Secretary
shall provide technical assistance for obtaining any necessary
permits for the construction project.
(d) Application.--To be eligible to participate in the program
established under subsection (a), a non-Federal entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including the
following:
(1) A description of the project manager of each major
construction project for which the Secretary enters into a
partnership agreement under the program.
(2) A description of the non-Federal contributions to the
project and how future funding will be secured.
(3) A description of the project management plan that the
non-Federal entity will use to ensure concise and consistent
communication of all parties involved in the project.
(4) A description of metrics to monitor change order
process times, with the intent of expediting any change order.
(5) Expected costs associated with the project.
(6) A description of construction timelines and milestones
association with the project.
(7) Such other information as the Secretary may require.
(e) Matching Funds.--The Department of Veterans Affairs shall
provide matching funds under this program.
(1) In general.--For any fiscal year, the Secretary shall
provide to a non-Federal entity that enters into a partnership
agreement with the Secretary under the program established
under subsection (a) matching funds in an amount that does not
exceed 50 percent of the amount expended by the non-Federal
entity.
(2) Rule of construction.--Paragraph (1) shall not be
construed as a limitation on the amount that may be expended by
a non-Federal entity for a fiscal year for a construction
project covered by a partnership agreement under the program.
(f) Comptroller General Report.--The Comptroller General of the
United States shall submit to Congress a biennial report on the
partnership agreements entered into under the program.
(g) Deadline for Implementation.--The Secretary shall begin
implementing the program under this section by not later than 180 days
after the date of the enactment of this Act.
SEC. 703. PILOT PROGRAM TO ACCEPT MEDICAL FACILITIES AND RELATED
PROPERTY.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary may accept the donation
by a covered person of any of the following properties:
(1) Real property that includes a constructed medical
facility (including structures and equipment associated
therewith).
(2) Real property (including structures and equipment
associated therewith) to be used as the site of a medical
facility constructed by the Secretary pursuant to chapter 81 of
title 38, United States Code.
(3) A medical facility constructed by the covered person on
real property of the Department of Veterans Affairs.
(b) Location.--The Secretary shall carry out the pilot program at
one location selected in accordance with subsection (c).
(c) Requirements.--The Secretary shall only accept donated property
under subsection (a) if the Secretary determines that the donation
meets the following requirements:
(1) With respect to the location of the donated property,
either--
(A) a major medical facility project has been
authorized for such location pursuant to section 8104
of title 38, United States Code, and funds have been
appropriated for such project; or
(B) a proposed medical facility project at such
location is listed on the Major Construction Strategic
Capital Investment Planning priority list of the
Department, as submitted in the materials submitted to
Congress in support of the budget of the Department for
the fiscal year in which the donation will occur.
(2) Each medical facility and other structure included in
the donation meets the applicable structural requirements of
the Secretary, including pursuant to section 8105 of title 38,
United States Code.
(3) The donation is made without condition or restriction.
(4) Except as provided by subsection (e), the donation is
made at no cost to the United States.
(d) Prohibition on Lease-Back.--The Secretary may not enter into
any lease of property donated under subsection (a), including as
described in appendix B of Office of Management and Budget Circular A-
11.
(e) Use of Certain Funds.--
(1) Prior funds.--With respect to the donation of real
property under subsection (a) that is related to a major
medical facility project authorized pursuant to section 8104 of
title 38, United States Code, the Secretary may use funds that
have been appropriated for such project before the date of the
donation for activities required to carry out such donation.
The Secretary may enter into an agreement with the covered
person to define the requirements for the use of such funds for
such activities.
(2) No authorization of appropriations.--Nothing in this
section shall be construed to authorize the appropriation of
additional funds to carry out a major medical facility project.
(f) Application.--A covered person who seeks to make a donation
under subsection (a) shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
(g) Information.--The Secretary shall ensure that a covered person
who seeks to make a donation under subsection (a) is informed of the
requirements of subsection (c), including with respect to the locations
described in subparagraphs (A) and (B) of paragraph (1) of such
subsection.
(h) Report.--The Secretary shall submit to the Committees on
Veterans Affairs' of the House of Representatives and the Senate a
report on the pilot program, including a description of the donations
made under the pilot program and whether such pilot program should be
expanded.
(i) Covered Person Defined.--In this section, the term ``covered
person'' means any person or entity that is not an element of the
Federal Government, including a State or local government, a nonprofit
organization exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, or a private corporation.
(j) Rule of Construction.--Nothing in this section shall be
construed to limit the application of title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.), subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the ``Davis-Bacon
Act''), or laws relating to the environment or historic preservation.
SEC. 704. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF
VETERANS AFFAIRS WEST LOS ANGELES CAMPUS.
(a) In General.--The Secretary of Veterans Affairs may carry out
leases described in subsection (b) at the Department of Veterans
Affairs West Los Angeles Campus in Los Angeles, California (hereinafter
in this section referred to as the ``Campus'').
(b) Leases Described.--Leases described in this subsection are the
following:
(1) Any enhanced-use lease of real property under
subchapter V of chapter 81 of title 38, United States Code, for
purposes of providing supportive housing, as that term is
defined in section 8161(3) of such title, that principally
benefit veterans and their families.
(2) Any lease of real property for a term not to exceed 50
years to a third party to provide services that principally
benefit veterans and their families and that are limited to one
or more of the following purposes:
(A) The promotion of health and wellness, including
nutrition and spiritual wellness.
(B) Education.
(C) Vocational training, skills building, or other
training related to employment.
(D) Peer activities, socialization, or physical
recreation.
(E) Assistance with legal issues and Federal
benefits.
(F) Volunteerism.
(G) Family support services, including child care.
(H) Transportation.
(I) Services in support of one or more of the
purposes specified in subparagraphs (A) through (H).
(3) A lease of real property for a term not to exceed 10
years to The Regents of the University of California, a
corporation organized under the laws of the State of
California, on behalf of its University of California, Los
Angeles (UCLA) campus (hereinafter in this section referred to
as ``The Regents''), if--
(A) the lease is consistent with the master plan
described in subsection (g);
(B) the provision of services to veterans is the
predominant focus of the activities of The Regents at
the Campus during the term of the lease;
(C) The Regents expressly agrees to provide, during
the term of the lease and to an extent and in a manner
that the Secretary considers appropriate, additional
services and support (for which The Regents is either
not compensated by the Secretary or is compensated
through an existing medical affiliation agreement)
that--
(i) principally benefit veterans and their
families, including veterans that are severely
disabled, women, aging, or homeless; and
(ii) may consist of activities relating to
the medical, clinical, therapeutic, dietary,
rehabilitative, legal, mental, spiritual,
physical, recreational, research, and
counseling needs of veterans and their families
or any of the purposes specified in any of
subparagraphs (A) through (I) of paragraph (1);
and
(D) The Regents maintains records documenting the
value of the additional services and support that The
Regents provides pursuant to subparagraph (C) for the
duration of the lease and makes such records available
to the Secretary.
(c) Limitation on Land-Sharing Agreements.--The Secretary may not
carry out any land-sharing agreement pursuant to section 8153 of title
38, United States Code, at the Campus unless such agreement--
(1) provides additional health-care resources to the
Campus; and
(2) benefits veterans and their families other than from
the generation of revenue for the Department of Veterans
Affairs.
(d) Revenues From Leases at the Campus.--Any funds received by the
Secretary under a lease described in subsection (b) shall be credited
to the applicable Department medical facilities account and shall be
available, without fiscal year limitation and without further
appropriation, exclusively for the renovation and maintenance of the
land and facilities at the Campus.
(e) Easements.--
(1) In general.--Notwithstanding any other provision of law
(other than Federal laws relating to environmental and historic
preservation), pursuant to section 8124 of title 38, United
States Code, the Secretary may grant easements or rights-of-way
on, above, or under lands at the Campus to--
(A) any local or regional public transportation
authority to access, construct, use, operate, maintain,
repair, or reconstruct public mass transit facilities,
including, fixed guideway facilities and transportation
centers; and
(B) the State of California, county of Los Angeles,
city of Los Angeles, or any agency or political
subdivision thereof, or any public utility company
(including any company providing electricity, gas,
water, sewage, or telecommunication services to the
public) for the purpose of providing such public
utilities.
(2) Improvements.--Any improvements proposed pursuant to an
easement or right-of-way authorized under paragraph (1) shall
be subject to such terms and conditions as the Secretary
considers appropriate.
(3) Termination.--Any easement or right-of-way authorized
under paragraph (1) shall be terminated upon the abandonment or
nonuse of the easement or right-of-way and all right, title,
and interest in the land covered by the easement or right-of-
way shall revert to the United States.
(f) Prohibition on Sale of Property.--Notwithstanding section 8164
of title 38, United States Code, the Secretary may not sell or
otherwise convey to a third party fee simple title to any real property
or improvements to real property made at the Campus.
(g) Consistency With Master Plan.--The Secretary shall ensure that
each lease carried out under this section is consistent with the draft
master plan approved by the Secretary on January 28, 2016, or successor
master plans.
(h) Compliance With Certain Laws.--
(1) Laws relating to leases and land use.--If the Inspector
General of the Department of Veterans Affairs determines, as
part of an audit report or evaluation conducted by the
Inspector General, that the Department is not in compliance
with all Federal laws relating to leases and land use at the
Campus, or that significant mismanagement has occurred with
respect to leases or land use at the Campus, the Secretary may
not enter into any lease or land-sharing agreement at the
Campus, or renew any such lease or land-sharing agreement that
is not in compliance with such laws, until the Secretary
certifies to the Committee on Veterans' Affairs of the Senate,
the Committee on Veterans' Affairs of the House of
Representatives, and each Member of the Senate and the House of
Representatives who represents the area in which the Campus is
located that all recommendations included in the audit report
or evaluation have been implemented.
(2) Compliance of particular leases.--Except as otherwise
expressly provided by this section, no lease may be entered
into or renewed under this section unless the lease complies
with chapter 33 of title 41, United States Code, and all
Federal laws relating to environmental and historic
preservation.
(i) Community Veterans Engagement Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
Community Veterans Engagement Board (in this subsection
referred to as the ``Board'') for the Campus to coordinate
locally with the Department of Veterans Affairs to--
(A) identify the goals of the community; and
(B) provide advice and recommendations to the
Secretary to improve services and outcomes for
veterans, members of the Armed Forces, and the families
of such veterans and members.
(2) Members.--The Board shall be comprised of a number of
members that the Secretary determines appropriate, of which not
less than 50 percent shall be veterans. The nonveteran members
shall be family members of veterans, veteran advocates, service
providers, or stakeholders.
(3) Community input.--In carrying out subparagraphs (A) and
(B) of paragraph (1), the Board shall--
(A) provide the community opportunities to
collaborate and communicate with the Board, including
by conducting public forums on the Campus; and
(B) focus on local issues regarding the Department
that are identified by the community, including with
respect to health care, benefits, and memorial services
at the Campus.
(j) Notification and Reports.--
(1) Congressional notification.--With respect to each lease
or land-sharing agreement intended to be entered into or
renewed at the Campus, the Secretary shall notify the Committee
on Veterans' Affairs of the Senate, the Committee on Veterans'
Affairs of the House of Representatives, and each Member of the
Senate and the House of Representatives who represents the area
in which the Campus is located of the intent of the Secretary
to enter into or renew the lease or land-sharing agreement not
later than 45 days before entering into or renewing the lease
or land-sharing agreement.
(2) Annual report.--Not later than one year after the date
of the enactment of this Act, and not less frequently than
annually thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate, the Committee on
Veterans' Affairs of the House of Representatives, and each
Member of the Senate and the House of Representatives who
represents the area in which the Campus is located an annual
report evaluating all leases and land-sharing agreements
carried out at the Campus, including--
(A) an evaluation of the management of the revenue
generated by the leases; and
(B) the records described in subsection (b)(3)(D).
(3) Inspector general report.--
(A) In general.--Not later than each of two years
and five years after the date of the enactment of this
Act, and as determined necessary by the Inspector
General of the Department of Veterans Affairs
thereafter, the Inspector General shall submit to the
Committee on Veterans' Affairs of the Senate, the
Committee on Veterans' Affairs of the House of
Representatives, and each Member of the Senate and the
House of Representatives who represents the area in
which the Campus is located a report on all leases
carried out at the Campus and the management by the
Department of the use of land at the Campus, including
an assessment of the efforts of the Department to
implement the master plan described in subsection (g)
with respect to the Campus.
(B) Consideration of annual report.--In preparing
each report required by subparagraph (A), the Inspector
General shall take into account the most recent report
submitted to Congress by the Secretary under paragraph
(2).
(k) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other agreements regarding the Campus that are authorized by law
and not inconsistent with this section.
(l) Principally Benefit Veterans and Their Families Defined.--In
this section the term ``principally benefit veterans and their
families'', with respect to services provided by a person or entity
under a lease of property or land-sharing agreement--
(1) means services--
(A) provided exclusively to veterans and their
families; or
(B) that are designed for the particular needs of
veterans and their families, as opposed to the general
public, and any benefit of those services to the
general public is ancillary to the intended benefit to
veterans and their families; and
(2) excludes services in which the only benefit to veterans
and their families is the generation of revenue for the
Department of Veterans Affairs.
(m) Conforming Amendments.--
(1) Prohibition on disposal of property.--Section 224(a) of
the Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2272) is amended by striking ``The Secretary of Veterans
Affairs'' and inserting ``Except as authorized under the Los
Angeles Homeless Veterans Leasing Act of 2016, the Secretary of
Veterans Affairs''.
(2) Enhanced-use leases.--Section 8162(c) of title 38,
United States Code, is amended by inserting ``, other than an
enhanced-use lease under the Los Angeles Homeless Veterans
Leasing Act of 2016,'' before ``shall be considered''.
SEC. 705. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASE IN OXNARD,
CALIFORNIA.
The Secretary of Veterans Affairs may carry out a major medical
facility lease for an outpatient clinic, Oxnard, California, in an
amount not to exceed $6,297,000 (not including any estimated
cancellation costs).
TITLE VIII--OTHER MATTERS
SEC. 801. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN MEMBERS OF
THE RESERVE COMPONENTS AS VETERANS.
(a) Veteran Status.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 107 the following new
section:
``Sec. 107A. Honoring as veterans certain persons who performed service
in the reserve components
``Any person who is entitled under chapter 1223 of title 10 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 section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
(b) Clarification Regarding Benefits.--No person may receive any
benefit under the laws administered by the Secretary of Veterans
Affairs solely by reason of section 107A of title 38, United States
Code, as added by subsection (a).
SEC. 802. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES;
STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES.
(a) In General.--
(1) Duties of secretary.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall--
(A) establish a program and application procedure
to permit--
(i) deported veterans who meet the
requirements of subsection (b) to enter the
United States as a noncitizen lawfully admitted
for permanent residence; and
(ii) noncitizen veterans in the United
States who meet the requirements of subsection
(b) to adjust status to that of a noncitizen
lawfully admitted for permanent residence; and
(B) cancel the removal of noncitizen veterans
ordered removed who meet the requirements of subsection
(b) and allow them to adjust status to that of a
noncitizen lawfully admitted for permanent residence.
(2) No numerical limitations.--Nothing in this section or
in any other law shall be construed to apply a numerical
limitation on the number of veterans who may be eligible to
receive benefits under paragraph (1).
(b) Eligibility.--
(1) In general.--Notwithstanding any other provision of
law, including sections 212 and 237 of the Immigration and
Nationality Act (8 U.S.C. 1182; 1227), a veteran shall be
eligible for the program established under subsection
(a)(1)(A), or cancellation of removal under subsection
(a)(1)(B), if the Secretary determines that the veteran--
(A) was not ordered removed, or removed, from the
United States due to a criminal conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national
security of the United States for which the
noncitizen has served a term of imprisonment of
at least 5 years; and
(B) is not inadmissible to, or deportable from, the
United States due to such a conviction.
(2) Waiver.--The Secretary may waive paragraph (1) for
humanitarian purposes, to assure family unity, due to
exceptional service in the United States Armed Forces, or if
such waiver otherwise is in the public interest.
(c) Protecting Veterans and Service Members From Removal.--
Notwithstanding any other provision of law, including section 237 of
the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen who
is a veteran or service member shall not be removed from the United
States unless the noncitizen has a criminal conviction for a crime of
violence.
(d) Naturalization Through Service in the Armed Forces of the
United States.--Notwithstanding any other provision of law, a
noncitizen who has obtained the status of a noncitizen lawfully
admitted for permanent residence pursuant to subsection (b) shall be
eligible for naturalization through service in the Armed Forces of the
United States under sections 328 and 329 of the Immigration and
Nationality Act (8 U.S.C. 1439; 1440), except that--
(1) the ground or grounds on which the noncitizen was
ordered removed, or removed, from the United States, or was
rendered inadmissible to, or deportable from, the United
States, shall be disregarded when determining whether the
noncitizen is a person of good moral character; and
(2) any period of absence from the United States due to the
noncitizen having been removed, or being inadmissible, shall be
disregarded when determining if the noncitizen satisfies any
requirement relating to continuous residence or physical
presence.
(e) Access to Military Benefits.--A noncitizen who has obtained the
status of a noncitizen lawfully admitted for permanent residence
pursuant to subsection (b) shall be eligible for all military and
veterans benefits for which the noncitizen would have been eligible if
the noncitizen had never been ordered removed, been removed, or
voluntarily departed, from the United States.
(f) Implementation.--
(1) Identification.--The Secretary of Homeland Security
shall identify cases involving service members and veterans at
risk of removal from the United States by--
(A) inquiring of every noncitizen processed prior
to initiating removal proceedings whether the
noncitizen is serving, or has served, as a member of a
regular or reserve component of the Armed Forces of the
United States on active duty or as a member of a
reserve component of the Armed Forces in an active
status;
(B) requiring personnel to seek supervisory
approval prior to initiating removal proceedings
against a service member or veteran; and
(C) keeping records of service members and veterans
who have had removal proceedings against them
initiated, been detained, or been removed.
(2) Record annotation.--When the Secretary has identified a
case under paragraph (1), the Secretary shall annotate all
immigration and naturalization records of the Department of
Homeland Security relating to the noncitizen involved so as to
reflect that identification and afford an opportunity to track
the outcomes for the noncitizen. Such annotation shall
include--
(A) the individual's branch of military service;
(B) whether or not the individual is serving, or
has served, during a period of military hostilities
described in section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440);
(C) the individual's immigration status at the time
of enlistment;
(D) whether the individual is serving honorably or
was separated under honorable conditions; and
(E) the basis for which removal was sought; and, if
the basis for removal was a criminal conviction, the
crime or crimes for which conviction was obtained.
(g) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement this section.
(h) Definitions.--In this section:
(1) The term ``crime of violence'' means an offense defined
in section 16 of title 18, United States Code, excluding a
purely political offense, for which the noncitizen has served a
term of imprisonment of at least 5 years.
(2) The term ``deported veteran'' means a veteran who is a
noncitizen and who--
(A) was removed from the United States; or
(B) is abroad and is inadmissible under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(3) The term ``noncitizen'' means an individual who is not
a national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22))).
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
(5) The term ``service member'' means an individual who is
serving as a member of a regular or reserve component of the
Armed Forces of the United States on active duty or as a member
of a reserve component of the Armed Forces in an active status.
(6) The term ``veteran'' has the meaning given such term
under section 101(2) of title 38, United States Code.
SEC. 803. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate
discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar policy
in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would have
independently led to a discharge characterization that was any
characterization except honorable. For purposes of this
paragraph, such aggravating circumstances may not include--
(A) an offense under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice), committed by a covered member
against a person of the same sex with the consent of
such person; or
(B) statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or
identity, or the disclosure of such statements,
conduct, or acts, that were prohibited at the time of
discharge but after the date of such discharge became
permitted.
(3) When requesting a review, a covered member, or their
representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the
member;
(ii) a personal affidavit of the
circumstances surrounding the discharge; and
(iii) any relevant records pertaining to
the discharge; or
(B) an affidavit certifying that the member, or
their representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make
every effort to locate the documents specified in
subparagraph (A) of such paragraph within the records
of the Department of Defense; and
(B) the absence of such documents may not be
considered a reason to deny a change of the discharge
characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under
subsection (c), the appropriate discharge board shall review
all relevant laws, records of oral testimony previously taken,
service records, or any other relevant information regarding
the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the
covered member or their representative, in writing, and
specifically detailing what is being requested; and
(B) shall be responsible for obtaining a copy of
the necessary files of the covered member from the
member, or when applicable, from the Department of
Defense.
(e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the representative of the member,
may appeal a decision by the appropriate discharge board to not change
the discharge characterization by using the regular appeals process of
the board.
(f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or their representative a revised DD-214 form
that reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other similar
indication of the sexual orientation or reason for discharge
shall be removed or changed accordingly to be consistent with
this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the sections
of the DD-214 form referred to paragraph (1) shall be changed
to similarly reflect a universal authority with codes,
authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to
an individual by reason of service in the Armed Forces;
and
(B) all recognitions and honors that the Secretary
of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of the
original discharge characterization of the member.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such section
was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
(i) Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted under this section.
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a 4-year
period, the Secretary shall submit to Congress a report on the
reviews under subsection (a). Such reports shall include any
comments or recommendations for continued actions.
SEC. 804. HISTORICAL REVIEW OF DISCHARGES FROM THE ARMED FORCES DUE TO
SEXUAL ORIENTATION.
The Secretary of each military department shall ensure that oral
historians of the department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the actual
or perceived sexual orientation of the individual so that such
testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
SEC. 805. MODIFICATION OF ARTICLE 125 OF THE UNIFORM CODE OF MILITARY
JUSTICE.
Section 925(a) of title 10, United States Code (article 125 of the
Uniform Code of Military Justice), is amended by striking ``with
another person of the same or opposite sex''.
SEC. 806. EXEMPTION FROM IMMIGRANT VISA LIMIT.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who--
``(i) are eligible for a visa under paragraph (1)
or (3) of section 203(a); and
``(ii) have a parent (regardless of whether the
parent is living or dead) who was naturalized pursuant
to--
``(I) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
``(II) title III of the Act of October 14,
1940 (54 Stat. 1137, chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182, chapter 199).''.
SEC. 807. CERTAIN SERVICE IN THE ORGANIZED MILITARY FORCES OF THE
PHILIPPINES AND THE PHILIPPINE SCOUTS DEEMED TO BE ACTIVE
SERVICE.
(a) In General.--Section 107 of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``not'' after ``Army of the United
States, shall''; and
(B) by striking ``, except benefits
under--'' and all that follows in that subsection and
inserting a period;
(2) in subsection (b)--
(A) by striking ``not'' after ``Armed Forces
Voluntary Recruitment Act of 1945 shall''; and
(B) by striking ``except--'' and all that follows
in that subsection and inserting a period;
(3) by amending subsection (c) to read as follows:
``(c) Determination of Eligibility.--(1) In determining the
eligibility of the service of an individual under this section, the
Secretary shall take into account any alternative documentation
regarding such service, including documentation other than the Missouri
List, that the Secretary determines relevant.
``(2) Not later than March 1 of each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report that includes--
``(A) the number of individuals applying for benefits
pursuant to this section during the previous year; and
``(B) the number of such individuals that the Secretary
approved for benefits.''; and
(4) by amending subsection (d) to read as follows:
``(d) Relation to Filipino Veterans Equity Compensation Fund.--
Section 1002(h) of the American Recovery and Reinvestment Act of 2009
(title X of division A of Public Law 111-5; 123 Stat. 200; 38 U.S.C.
107 note) shall not apply to an individual described in subsection (a)
or (b) of this section.''.
(b) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 107. Certain service deemed to be active service: service in
organized military forces of the Philippines and in the
Philippine Scouts''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1 of such title is amended to read as follows:
``107. Certain service deemed to be active service: service in
organized military forces of the
Philippines and in the Philippine
Scouts.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 90 days after the date of the
enactment of this Act.
(2) Applicability.--No benefits shall accrue to any person
for any period before the effective date of this section by
reason of the amendments made by this section.
SEC. 808. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(10) Any individual--
``(A) who--
``(i) was naturalized pursuant to section
2(1) of the Hmong Veterans' Naturalization Act
of 2000 (Public Law 106-207; 8 U.S.C. 1423
note); and
``(ii) at the time of the individual's
death resided in the United States; or
``(B) who--
``(i) the Secretary determines served with
a special guerrilla unit or irregular forces
operating from a base in Laos in support of the
Armed Forces of the United States at any time
during the period beginning February 28, 1961,
and ending May 7, 1975; and
``(ii) at the time of the individual's
death--
``(I) was a citizen of the United
States or an alien lawfully admitted
for permanent residence in the United
States; and
``(II) resided in the United
States.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to an individual dying on or after the date of the
enactment of this Act.
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