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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-358
======================================================================
VETERANS EMPLOYMENT, EDUCATION, AND HEALTHCARE IMPROVEMENT ACT
_______
December 1, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3016]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3016) to amend title 38, United States Code, to
clarify the role of podiatrists in the Department of Veterans
Affairs, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 24
Background and Need for Legislation.............................. 26
Hearings......................................................... 52
Subcommittee Consideration....................................... 54
Committee Consideration.......................................... 55
Committee Votes.................................................. 56
Committee Oversight Findings..................................... 57
Statement of General Performance Goals and Objectives............ 57
New Budget Authority, Entitlement Authority, and Tax Expenditures 57
Earmarks and Tax and Tariff Benefits............................. 57
Committee Cost Estimate.......................................... 57
Congressional Budget Office Estimate............................. 57
Federal Mandates Statement....................................... 71
Advisory Committee Statement..................................... 71
Constitutional Authority Statement............................... 71
Applicability to Legislative Branch.............................. 71
Statement on Duplication of Federal Programs..................... 71
Disclosure of Directed Rulemaking................................ 71
Section-by-Section Analysis of the Legislation................... 71
Changes in Existing Law Made by the Bill as Reported............. 88
Dissenting Views................................................. 224
Amendment
The amendments are as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Employment,
Education, and Healthcare Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VETERANS HEALTH CARE
Sec. 101. Role of podiatrists in Department of Veterans Affairs.
Sec. 102. Priority of medal of honor recipients in health care system
of Department of Veterans Affairs.
Sec. 103. Improvement of care provided to newborn children.
Sec. 104. Comptroller General audit of budget of Veterans Health
Administration.
Sec. 105. Outreach to veterans regarding effect of certain delayed
payments by Department of Veterans Affairs Chief Business Office.
Sec. 106. Department of Veterans Affairs pilot program on dog training
therapy.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
Sec. 201. Establishment of Veterans Economic Opportunity and Transition
Administration.
Sec. 202. Under Secretary for Veterans Economic Opportunity and
Transition.
Sec. 203. Transfer of Department of Labor veterans programs to
Department of Veterans Affairs.
Sec. 204. Deputy Under Secretary of Veterans Affairs for Veterans'
Employment, Training, and Transition.
Sec. 205. Additional technical and conforming amendments.
Sec. 206. Use of Federal directory of new hires.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
Sec. 301. Modification and improvement of transfer of unused education
benefits to family members under Department of Veterans Affairs Post-9/
11 Educational Assistance Program.
Sec. 302. Clarification of eligibility for Marine Gunnery Sergeant John
David Fry Scholarship.
Sec. 303. Approval of courses of education and training for purposes of
the vocational rehabilitation program of the Department of Veterans
Affairs.
Sec. 304. Authority to prioritize vocational rehabilitation services
based on need.
Sec. 305. Recodification and improvement of election process for Post-
9/11 Educational Assistance Program.
Sec. 306. Clarification of assistance provided for certain flight
training and other programs of education.
Sec. 307. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty for purposes of eligibility
for post-9/11 educational assistance.
Sec. 308. Work-study allowance.
Sec. 309. Vocational rehabilitation and education action plan.
Sec. 310. Reduction in redundancy and inefficiencies in vocational
rehabilitation claims processing.
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
Sec. 401. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational institutions.
Sec. 402. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 403. Role of State approving agencies.
Sec. 404. Criteria used to approve courses.
Sec. 405. Compliance surveys.
Sec. 406. Survey of individuals using their entitlement to educational
assistance under the educational assistance programs administered by
the Secretary of Veterans Affairs.
Sec. 407. Improvement of information technology of the Veterans
Benefits Administration of the Department of Veterans Affairs.
Sec. 408. Technical amendment relating to in-State tuition rate for
individuals to whom entitlement is transferred under All-Volunteer
Force Educational Assistance Program and Post-9/11 Educational
Assistance.
TITLE V--OTHER MATTERS
Sec. 501. Amount of loan guaranteed under home loan program of
Department of Veterans Affairs.
Sec. 502. Longitudinal study of job counseling, training, and placement
service for veterans.
Sec. 503. Limitations on subcontracts under contracts with small
business concerns owned and controlled by veterans.
Sec. 504. Procedures for provision of certain information to State
veterans agencies to facilitate the furnishing of assistance and
benefits to veterans.
TITLE I--VETERANS HEALTH CARE
SEC. 101. ROLE OF PODIATRISTS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) Inclusion as Physician.--
(1) In general.--Subchapter I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7413. Treatment of podiatrists
``For purposes of this chapter, the term `physician' includes a
podiatrist.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7412 the following new item:
``7413. Treatment of podiatrists.''.
(3) Conforming amendment.--Section 7401(1) of such title is
amended by striking ``Physicians, dentists, podiatrists,'' and
inserting ``Physicians, dentists,''.
(b) Qualifications.--Section 7402(b) of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or of doctor
of osteopathy'' and inserting ``, doctor of osteopathy,
or doctor of podiatric medicine''; and
(B) in subparagraph (C), by inserting ``podiatry,''
after ``surgery,'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) through (14) as
paragraphs (5) through (13), respectively.
(c) Period of Appointment.--Section 7403(a)(2) of such title is
amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively.
(d) Modification of Pay Grade.--
(1) Grade.--The list in section 7404(b) of such title is
amended by striking ``CLINICAL PODIATRIST, CHIROPRACTOR, AND
OPTOMETRIST SCHEDULE'' and inserting ``CLINICAL CHIROPRACTOR
AND OPTOMETRIST SCHEDULE''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to a pay period of the Department of
Veterans Affairs beginning on or after the date that is 30 days
after the date of the enactment of this Act.
(e) Contracts for Scarce Services.--Section 7409(a) of such title is
amended by striking ``podiatrists,''.
(f) Personnel Administration.--Section 7421(b) of such title is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (8) as paragraphs
(3) through (7), respectively.
(g) Medical Directors.--Section 7306(a)(4) of such title is amended
by inserting ``, doctor of podiatric medicine,'' after ``doctor of
medicine''.
(h) Application.--The amendments made by this section shall apply
with respect to podiatrists employed by the Department of Veterans
Affairs as of the date of the enactment of this Act or who are
appointed on or after such date.
SEC. 102. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH CARE SYSTEM
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Enrollment Priority.--Section 1705(a) of title 38, United States
Code, is amended--
(1) in paragraph (1), by striking the period at the end and
inserting the following: ``and veterans who were awarded the
medal of honor under section 3741, 6241, or 8741 of title 10 or
section 491 of title 14.''; and
(2) in paragraph (3), by striking ``veterans who were awarded
the medal of honor under section 3741, 6241, or 8741 of title
10 or section 491 of title 14,''.
(b) Eligibility.--Section 1710(a)(2)(D) of such title is amended by
inserting after ``war'' the following: ``, who was awarded the medal of
honor under section 3741, 6241, or 8741 of title 10 or section 491 of
title 14,''.
(c) Extended Care Services.--Section 1710B(c)(2) of such title is
amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
(d) Copayment for Medications.--Section 1722A(a)(3) of such title is
amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to a veteran who was awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.''.
(e) Application.--The priority of enrollment of medal of honor
recipients pursuant to chapter 17 of title 38, United States Code, as
amended by this section, shall apply to each such recipient, regardless
of the date on which the medal is awarded.
SEC. 103. IMPROVEMENT OF CARE PROVIDED TO NEWBORN CHILDREN.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``seven days'' and
inserting ``42 days''; and
(2) by adding at the end the following new subsection:
``(c) Annual Report.--Not later than October 31, 2016, and each year
thereafter through 2020, the Secretary shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the Senate a
report on the health care services provided under subsection (a) during
the fiscal year preceding the date of the report, including the number
of newborn children who received such services during such fiscal
year.''.
SEC. 104. COMPTROLLER GENERAL AUDIT OF BUDGET OF VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Comptroller General audit of VHA budget
``(a) In General.--The Comptroller General of the United States shall
periodically conduct an audit of elements of the budget of the Veterans
Health Administration, including the budget formulation, execution,
allocation, and use of funds.
``(b) Selection of Elements.--(1) In selecting elements of the budget
of the Veterans Health Administration for purposes of an audit under
subsection (a), the Comptroller General shall take into consideration--
``(A) knowledge of the programs of the Veterans Health
Administration;
``(B) current issues;
``(C) national priorities; and
``(D) priorities expressed by the appropriate congressional
committees.
``(2) Not later than 30 days before conducting an audit under
subsection (a), the Comptroller General shall submit to the appropriate
congressional committees notice of the elements selected by the
Comptroller General for purposes of the audit.
``(c) Appropriate Congressional Committees.--In this section, the
term `appropriate congressional committees' means--
``(1) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the Senate;
and
``(2) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on the Budget of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7330A the following new item:
``7330B. Comptroller General audit of VHA budget.''.
SEC. 105. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN DELAYED
PAYMENTS BY DEPARTMENT OF VETERANS AFFAIRS CHIEF
BUSINESS OFFICE.
(a) Outreach.--The Secretary of Veterans Affairs shall conduct
outreach, including through national and local veterans service
organizations, to inform veterans of how to resolve credit issues
caused by delayed payment of a claim for emergency hospital care,
medical services, or other emergency health care furnished through a
non-Department of Veterans Affairs provider. The Secretary shall
establish a toll-free telephone number for veterans to report such
credit issues to the Chief Business Office of the Department of
Veterans Affairs.
(b) Annual Report.--
(1) In general.--During the five-year period beginning on the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall annually submit to Congress a report on the
effectiveness of the Chief Business Office in providing timely
payment of proper invoices for emergency hospital care, medical
services, or other emergency health care furnished through non-
Department of Veterans Affairs providers by the required
payment date during both the five-year period preceding the
date of the report and the one-year period preceding such date.
For any part of the period covered by a report under this
subsection that occurred before October 1, 2014, the report
shall evaluate the provision of such payments by the Veterans
Integrated Service Networks.
(2) Matters included.--The reports under paragraph (1) shall
include, for each period covered by the report, the following:
(A) The number of veterans who contacted the
Secretary regarding a delayed payment that negatively
affected, or will potentially negatively affect, the
credit of the veteran.
(B) The total amount of interest penalties paid by
the Secretary of Veterans Affairs under section 3902 of
title 31, United States Code, by reason of a delayed
payment.
(C) The number of proper invoices submitted, listed
in a table for each quarter and fiscal year of each
such period that includes--
(i) the total amount owed by the Secretary
under the proper invoices;
(ii) the payment status of each proper
invoice, as of the date of the report; and
(iii) the period that elapsed until each
proper invoice was paid, including an
explanation of any delayed payment.
(D) Any comments regarding delayed payments made by
medical providers.
(E) A description of the best practices that the
Chief Business Office can carry out to provide timely
payment of a proper invoice, including a plan to
improve such timely payments.
(c) Quarterly Reports on Pending Claims.--During the five-year period
beginning on the date of the enactment of this Act, the Chief Business
Office of the Department of Veterans Affairs shall submit to Congress
quarterly reports on the number of pending claims for reimbursement for
emergency hospital care, medical services, and other emergency health
care furnished through non-Department of Veterans Affairs providers.
Each such report shall include each of the following:
(1) The total number of such pending claims for each hospital
system of the Department, as of the last day of the quarter
covered by the report.
(2) The total number of veterans who submitted such a pending
claim in each State, as of such day.
(3) The aggregate amount of all such pending claims in each
State, as of such day.
(4) As of such day--
(A) the number of such pending claims that have been
pending for 30 days or longer;
(B) the number of such pending claims that have been
pending for 90 days or longer; and
(C) the number of such pending claims that have been
pending for 365 days or longer.
(5) For each hospital system, for the quarter covered by the
report--
(A) the number of claims for reimbursement for
emergency hospital care, medical services, and other
emergency health care furnished through non-Department
of Veterans Affairs providers approved during such
quarter;
(B) the number of such claims denied during such
quarter; and
(C) the number of such claims denied listed by each
denial reason group.
(d) Comptroller General Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study that evaluates the effectiveness of the
Chief Business Office in providing timely payment of a proper
invoice for emergency hospital care, medical services, or other
emergency health care furnished through non-Department of
Veterans Affairs providers by the required payment date.
(2) Submittal.--The Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
including the total amount of interest penalties paid by the
Secretary of Veterans Affairs under section 3902 of title 31,
United States Code, by reason of a delayed payment.
(e) Definitions.--In this section:
(1) The term ``delayed payment'' means a proper invoice that
is not paid by the Secretary of Veterans Affairs until after
the required payment date.
(2) The term ``proper invoice'' has the meaning given that
term in section 3901(a) of title 31, United States Code.
(3) The term ``required payment date'' means the date that
payment is due for a contract pursuant to section 3903(a) of
title 31, United States Code.
SEC. 106. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date of
the enactment of the Act, the Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary shall enter into a
contract with one or more appropriate non-government entities for the
purpose of assessing the effectiveness of addressing post-deployment
mental health and post-traumatic stress disorder symptoms through a
therapeutic medium of training service dogs for veterans with
disabilities.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out during the five-year period
beginning on the date of the commencement of the pilot program.
(c) Locations of Pilot Program.--In entering into contracts for
purposes of the pilot program, the Secretary shall seek to enter into
contracts with appropriate non-government entities located in close
proximity to at least three but not more than five medical centers of
the Department.
(d) Appropriate Non-Government Entities.--For purposes of the pilot
program, an appropriate non-government entity is an entity that is
certified in the training and handling of service dogs and that has a
training area that would be appropriate for use in educating veterans
with mental health conditions in the art and science of service dog
training and handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(e) Design of Pilot Program.--Each contract entered into under
subsection (a) shall provide that the non-government entity shall--
(1) ensure that veterans participating in the program receive
training from certified service dog training instructors;
(2) ensure that in selecting assistance dogs for use in the
program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all
dogs used in the program have adequate temperament and health
clearances;
(3) ensure that each service dog in training participating in
the pilot program is taught all essential commands pertaining
to service dog skills;
(4) ensure that each service dog in training lives at the
pilot program site or a volunteer foster home in the vicinity
of such site while receiving training;
(5) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(6) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans
with disabilities; and
(7) in hiring service dog training instructors to carry out
training under the pilot program, give a preference to veterans
who have successfully graduated from post-traumatic stress
disorder or other residential treatment programs and who have
received adequate certification in service dog training.
(f) Administration.--In order to carry out the pilot program under
section (a), the Secretary of Veterans Affairs shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee the pilot program; and
(2) establish a director of service dog training with a
background working in social services, experience in teaching
others to train service dogs in a vocational setting, and at
least one year of experience working with veterans or active
duty service members with post-traumatic stress disorder in a
clinical setting.
(g) Veteran Eligibility.--The Secretary shall select veterans for
participation in the pilot program. A veteran with post-traumatic
stress disorder or other post-deployment mental health condition may
volunteer to participate in the pilot program, if the Secretary
determines that there are adequate program resources available for such
veteran at the pilot program site. Veterans may participate in the
pilot program in conjunction with the compensated work therapy program
of the Department of Veterans Affairs.
(h) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(i) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out under the pilot
program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well-being; and
(4) the recommendations of the Secretary with respect to the
extension or expansion of the pilot program.
(j) Definition.--For the purposes of this section, the term ``service
dog training instructor'' means an instructor who provides the direct
training of veterans with post-traumatic stress disorder and other
post-deployment issues in the art and science of service dog training
and handling.
TITLE II--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
SEC. 201. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION.
(a) Veterans Economic Opportunity and Transition Administration.--
(1) In general.--Part V of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION
``Sec.
``8001. Organization of Administration.
``8002. Functions of Administration.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity and Transition Administration.--
There is in the Department of Veterans Affairs a Veterans Economic
Opportunity and Transition Administration. The primary function of the
Veterans Economic Opportunity and Transition Administration is the
administration of the programs of the Department that provide
assistance related to economic opportunity to veterans and their
dependents and survivors.
``(b) Under Secretary for Economic Opportunity and Transition.--The
Veterans Economic Opportunity and Transition Administration is under
the Under Secretary for Veterans Economic Opportunity and Transition,
who is directly responsible to the Secretary for the operations of the
Administration.
``(c) Deputy Under Secretaries.--The Veterans Economic Opportunity
and Transition Administration shall have two Deputy Under Secretaries
as follows:
``(1) The Deputy Under Secretary for Readjustment, who shall
be the principal assistant of the Under Secretary for Veterans
Economic Opportunity and Transition with respect to the
programs specified in paragraphs (1) through (4) of section
8002 of this title.
``(2) The Deputy Under Secretary for Employment, Training,
and Transition, who shall be the principal assistant of the
Under Secretary for Veterans Economic Opportunity and
Transition with respect to the programs specified in paragraphs
(5) through (9) of section 8002 of this title.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity and Transition Administration is
responsible for the administration of the following programs of the
Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of section
8127 of this title, including the administration of the
database of veteran-owned businesses described in such
subsection.
``(5) Job counseling, training, and placement services for
veterans under chapter 41 of this title.
``(6) Employment and training of veterans under chapter 42 of
this title.
``(7) Administration of employment and employment rights of
members of the uniformed services under chapter 43 of this
title.
``(8) Homeless veterans reintegration programs under chapter
20 of this title.
``(9) The Transition Assistance Program under section 1144 of
title 10.
``(10) Any other program of the Department that the Secretary
determines appropriate.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and of part V of
title 38, United States Code, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity and Transition 8001''.
Administration.
(b) Effective Date.--Chapter 80 of title 38, United States Code, as
added by subsection (a) shall take effect on October 1, 2016.
(c) Full-Time Employees.--For fiscal years 2017 and 2018, the total
number of full-time equivalent employees authorized for the Veterans
Benefits Administration and the Veterans Economic Opportunity and
Transition Administration, as established under chapter 80 of title 38,
United States Code, as added by subsection (a), may not exceed 22,118.
(d) Homeless Veterans Reintegration Programs.--Nothing in section
8002 of title 38, United States Code, as added by subsection (a), or in
any other amendment made by this title, shall affect the provision of
funds to grant recipients under section 2021 or 2021A of title 38,
United States Code.
SEC. 202. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND
TRANSITION.
(a) Under Secretary.--
(1) In general.--Chapter 3 of title 38, United States Code,
is amended by inserting after section 306 the following new
section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
``(a) Under Secretary.--There is in the Department an Under Secretary
for Veterans Economic Opportunity and Transition, who is appointed by
the President, by and with the advice and consent of the Senate. The
Under Secretary for Veterans Economic Opportunity and Transition shall
be appointed without regard to political affiliation or activity and
solely on the basis of demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity and Transition Administration or programs
of similar content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans Economic
Opportunity and Transition is the head of, and is directly responsible
to the Secretary for the operations of, the Veterans Economic
Opportunity and Transition Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of Under
Secretary for Veterans Economic Opportunity and Transition occurs or is
anticipated, the Secretary shall establish a commission to recommend
individuals to the President for appointment to the position.
``(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity and
Transition Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity and transition programs of the
Department.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under Secretary
for Veterans Economic Opportunity and Transition, if the
Secretary determines that it is desirable for such person to be
a member of the commission.
``(3) A commission established under this subsection shall recommend
at least three individuals for appointment to the position of Under
Secretary for Veterans Economic Opportunity and Transition. The
commission shall submit all recommendations to the Secretary. The
Secretary shall forward the recommendations to the President and the
Committees on Veterans' Affairs of the Senate and House of
Representatives with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals for appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor relations
functions shall serve as the executive secretary of a commission
established under this subsection.
``(d) Qualifications of Recommended Individuals.--Each individual
recommended to the President by the commission for appointment to the
position of Under Secretary for Veterans Economic Opportunity and
Transition shall be an individual who has held a senior level position
in the private sector with responsibilities relating to at least one of
the following:
``(1) Education policy.
``(2) Vocational rehabilitation.
``(3) Employment.
``(4) Job placement.
``(5) Home loan finance.
``(6) Small business development.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity and
Transition.''.
(b) Conforming Amendments.--Title 38, United States Code, is further
amended--
(1) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F), as
subparagraphs (A) through (D), respectively;
(2) in section 317(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(3) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(4) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(5) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(6) in section 542(a)(2)(B)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(7) in section 544(a)(2)(B)(vi), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(8) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(9) in section 7701(a), by inserting after ``assistance'' the
following: ``, other than assistance related to Economic
Opportunity and Transition,''; and
(10) in section 7703, by striking paragraphs (2) and (3) and
redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively.
(c) Effective Date.--Section 306A of title 38, United States Code, as
added by subsection (a), and the amendments made by this section, shall
take effect on October 1, 2016.
SEC. 203. TRANSFER OF DEPARTMENT OF LABOR VETERANS PROGRAMS TO
DEPARTMENT OF VETERANS AFFAIRS.
(a) Transfer of Functions.--
(1) In general.--Effective October 1, 2016, there shall be
transferred to the Secretary of Veterans Affairs all functions
performed under the following programs of the Department of
Labor, and all personnel, assets, and liabilities pertaining to
such programs, immediately before such transfer occurs:
(A) Job counseling, training, and placement services
for veterans under chapter 41 of title 38, United
States Code.
(B) Employment and training of veterans under chapter
42 of such title.
(C) Administration of employment and employment
rights of members of the uniformed services under
chapter 43 of such title.
(D) Homeless veterans reintegration programs under
chapter 20 of such title.
(2) Organization.--The programs, and the personnel, assets,
and liabilities pertaining to such programs, transferred to the
Secretary under paragraph (1) shall be administered as part of
the Veterans Economic Opportunity and Transition Administration
established by section 8001 of title 38, United States Code, as
added by section 201.
(b) Budget Request.--Under section 1105 of title 31, United States
Code, the President shall include in the President's budget request for
the Department of Veterans Affairs for fiscal year 2017, and for each
subsequent fiscal year, funding requested for the functions referred to
in subsection (a)(1).
(c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department or office from which a function is
transferred by this section--
(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such
function is transferred; or
(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
(d) Exercise of Authorities.--Except as otherwise provided by law, a
Federal official to whom a function is transferred by this section may,
for purposes of performing the function, exercise all authorities under
any other provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date of
the transfer of the function under this section.
(e) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or allowed
to become effective by the President, the Secretary of
Labor, the Secretary of Veterans Affairs, any officer
or employee of any office transferred by this section,
or any other Government official, or by a court of
competent jurisdiction, in the performance of any
function that is transferred by this section, and
(B) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Proceedings.--This section shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this section before an office
transferred by this section, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this section had
not been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a
court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be considered to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
section had not been enacted.
(3) Suits.--This section shall not affect suits commenced
before the date of the enactment of this section, and in all
such suits, proceeding shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect
as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Labor or
the Secretary of Labor, or by or against any individual in the
official capacity of such individual as an officer or employee
of an office transferred by this section, shall abate by reason
of the enactment of this section.
(5) Continuance of suits.--If any Government officer in the
official capacity of such officer is party to a suit with
respect to a function of the officer, and under this section
such function is transferred to any other officer or office,
then such suit shall be continued with the other officer or the
head of such other office, as applicable, substituted or added
as a party.
(6) Administrative procedure and judicial review.--Except as
otherwise provided by this section, any statutory requirements
relating to notice, hearings, action upon the record, or
administrative or judicial review that apply to any function
transferred by this section shall apply to the exercise of such
function by the head of the Federal agency, and other officers
of the agency, to which such function is transferred by this
section.
(f) Transfer of Assets.--Except as otherwise provided in this
section, so much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed,
used, held, available, or to be made available in connection with a
function transferred to an official or agency by this section shall be
available to the official or the head of that agency, respectively, at
such time or times as the Director of the Office of Management and
Budget directs for use in connection with the functions transferred.
(g) Delegation and Assignment.--Except as otherwise expressly
prohibited by law or otherwise provided in this section, an official to
whom functions are transferred under this section (including the head
of any office to which functions are transferred under this section)
may delegate any of the functions so transferred to such officers and
employees of the office of the official as the official may designate,
and may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions under this section
or under any other provision of this section shall relieve the official
to whom a function is transferred under this section of responsibility
for the administration of the function.
(h) Authority of Director of the Office of Management and Budget With
Respect to Functions Transferred.--
(1) Determinations.--If necessary, the Director of Management
and Budget shall make any determination of the functions that
are transferred under this section.
(2) Incidental transfers.--The Director, at such time or
times as the Director shall provide, may make such
determinations as may be necessary with regard to the functions
transferred by this section, and to make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry
out the provisions of this section. The Director shall provide
for the termination of the affairs of all entities terminated
by this section and for such further measures and dispositions
as may be necessary to effectuate the purposes of this section.
(i) Certain Vesting of Functions Considered Transfers.--For purposes
of this section, the vesting of a function in a department or office
pursuant to reestablishment of an office shall be considered to be the
transfer of the function.
(j) Availability of Existing Funds.--Existing appropriations and
funds available for the performance of functions, programs, and
activities terminated pursuant to this section shall remain available,
for the duration of their period of availability, for necessary
expenses in connection with the termination and resolution of such
functions, programs, and activities.
(k) Memorandum of Understanding.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Labor shall--
(1) enter into a memorandum of understanding to carry out
this section, which shall include--
(A) a description of how the Department of Veterans
Affairs will coordinate with the Employment and
Training Agency at the Department of Labor to ensure
coordination and avoid duplication among activities
authorized the Workforce Innovation and Opportunity Act
(Public Law 113-128) and the activities referred to in
subsection (a)(1)(A) through (D); and
(B) a description of how the Department of Veterans
Affairs will share the performance accountability
measures required under subsection (l)(1) with the
Employment and Training Agency of the Department of
Labor; and
(2) jointly submit to the Committee on Veterans' Affairs and
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Veterans' Affairs and the
Committee on Health, Education, Labor, and Pensions of the
Senate a copy of such memorandum.
(l) Coordination With Requirements Under WIOA.--
(1) Performance accountability.--The Secretary of Veterans
Affairs shall establish performance accountability measures for
the activities carried out pursuant to the programs referred to
in subsection(a)(1)(A) through (D), which shall meet or exceed
the requirements of section 116(b) of the Workforce Innovation
and Opportunity Act (Public Law 113-128; 29 U.S.C. 3141).
(2) State plans.--The Secretary shall ensure that each State
develops and submits to the Secretary a combined State plan
that meets or exceeds the requirements under section 103 of the
Workforce Innovation and Opportunity Act (Public Law 113-128;
29 U.S.C. 3113) for activities authorized under chapter 41 of
title 38, United States Code.
(m) Definitions.--For purposes of this section--
(1) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(2) the term ``office'' includes any office, administration,
agency, bureau, institute, council, unit, organizational
entity, or component thereof.
SEC. 204. DEPUTY UNDER SECRETARY OF VETERANS AFFAIRS FOR VETERANS'
EMPLOYMENT, TRAINING, AND TRANSITION.
(a) In General.--Subsection (a) of section 4102A of title 38, United
States Code, is amended to read as follows:
``(a) Deputy Under Secretary for Veterans' Employment, Training, and
Transition.--(1) The Deputy Under Secretary for Employment, Training,
and Transition established by subsection (c)(2) of section 8001 of this
title shall formulate and implement all departmental policies and
procedures to carry out this chapter and the other programs described
in such subsection.
``(2) The employees of the Department administering chapter 43 of
this title shall be administratively and functionally responsible to
the Deputy Under Secretary for Employment, Training, and Transition.''.
(b) Clerical Amendments.--Chapter 41 of title 38, United States Code,
is amended as follows:
(1) The section heading of section 4102A of such title is
amended to read as follows:
``Sec. 4102A. Deputy Under Secretary for Veterans' Employment,
Training, and Transition; program functions;
Regional Administrators''.
(2) The item relating to such section in the table of
sections at the beginning of such chapter is amended to read as
follows:
``4102A. Deputy Under Secretary for Veterans' Employment, Training, and
Transition; program functions; Regional Administrators.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
SEC. 205. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.
(a) Chapter 41.--Chapter 41 of title 38, United States Code, as
amended by this title, is further amended as follows:
(1) By striking ``Assistant Secretary of Labor for Veterans'
Employment and Training'' each place it appears and inserting
``Deputy Under Secretary for Employment, Training, and
Transition''.
(2) By striking ``Department of Labor'' each place it appears
and inserting ``Department''.
(3) By striking ``Secretary of Labor'' each place it appears
and inserting ``Secretary''.
(4) In section 4101, by striking paragraph (8).
(5) In section 4102A(b)--
(A) in paragraph (1), by striking ``such Assistant
Secretary'' and inserting ``such Deputy Under
Secretary''; and
(B) in paragraph (3), by striking ``and consulting
with the Secretary of Veterans Affairs''.
(6) In section 4105(b), by striking ``and the Secretary of
Veterans Affairs'' both places it appears.
(7) By striking section 4108.
(8) In the table of sections at the beginning of such
chapter, by striking the item relating to section 4108.
(9) In section 4110(d), by striking paragraph (1) and
redesignating paragraphs (2) through (6) as paragraphs (1)
through (5), respectively.
(10) In section 4110A(b), by striking ``Congress'' and
inserting ``the Committees on Veterans' Affairs of the Senate
and House of Representatives''.
(11) In section 4114--
(A) by striking ``Assistant Secretary for Veterans'
Employment and Training'' each place it appears and
inserting ``Deputy Under Secretary for Employment,
Training, and Transition''; and
(B) in paragraphs (2) and (3) of subsection (b) and
in subsections (c) and (d), by striking ``Assistant
Secretary'' each place it appears and inserting
``Deputy Under Secretary''.
(b) Chapter 42.--Chapter 42 of title 38, United States Code, is
amended as follows:
(1) By striking ``Secretary of Labor'' each place it appears
and inserting ``Secretary''.
(2) By striking ``Department of Labor'' each place it appears
and inserting ``Department''.
(c) Chapter 43.--Chapter 43 of title 38, United States Code, is
amended as follows:
(1) In section 4303, by striking paragraph (11).
(2) In section 4317(b)(2), by striking ``Secretary of
Veterans Affairs'' and inserting ``Secretary''.
(3) In section 4321, by striking ``(through the Veterans'
Employment and Training Service)''.
(4) In section 4332(a)(1), by striking ``of Labor''.
(5) In section 4333, by striking ``, the Secretary of
Defense, and the Secretary of Veterans Affairs'' and inserting
``and the Secretary of Defense''.
(d) Chapter 20.--Chapter 20 of title 38, United States Code, is
amended as follows:
(1) In section 2003(a)(4), by striking ``of the Department of
Labor''.
(2) In section 2011(g)(2), by striking ``the Department of
Labor,''.
(3) In section 2021--
(A) in subsection (b), by striking ``that Secretary''
and inserting ``the Secretary'';
(B) in subsection (c)--
(i) by striking the subsection heading and
inserting the following:
``(c) Administration Through Deputy Under Secretary for Veterans'
Employment, Training, and Transition.--''; and
(ii) by striking ``Assistant Secretary of
Labor for Veterans' Employment and Training''
and inserting ``Deputy Under Secretary for
Employment, Training, and Transition''; and
(C) by striking ``Secretary of Labor'' each place it
appears and inserting ``Secretary''.
(4) In section 2021A--
(A) in subsection (c), by striking ``that Secretary''
and inserting ``the Secretary'';
(B) in subsection (d)--
(i) by striking the subsection heading and
inserting the following:
``(d) Administration Through Deputy Under Secretary for Veterans'
Employment, Training, and Transition.--''; and
(ii) by striking ``Assistant Secretary of
Labor for Veterans' Employment and Training''
and inserting ``Deputy Under Secretary for
Employment, Training, and Transition''; and
(C) by striking ``Secretary of Labor'' each place it
appears and inserting ``Secretary''.
(5) In section 2023--
(A) in subsection (a), by striking ``and the
Secretary of Labor (hereinafter in this section
referred to as the `Secretaries')'';
(B) by striking ``Secretaries'' each place it appears
and inserting ``Secretary''; and
(C) in subsection (c)(4), by striking ``determine''
and inserting ``determines''.
(6) In section 2065(b)(5), by striking subparagraph (E) and
redesignating subparagraphs (F) through (H) as subparagraphs
(E) through (G), respectively.
(7) In section 2066(a)(3), by striking subparagraph (A) and
redesignating subparagraphs (B) through (G) as subparagraphs
(A) through (F), respectively.
(e) Other Provisions of Title 38.--Title 38, United States Code, is
further amended as follows:
(1) In section 542(a)(2)(B), by striking clause (i) and
redesignating clauses (ii) and (iii) as clauses (i) and (ii),
respectively.
(2) In section 544(a)(2)(B), by striking clause (i) and
redesignating clauses (ii) through (vi) as clauses (i) through
(v), respectively.
(3) In section 3118(b), by striking ``and the Assistant
Secretary for Veterans' Employment in the Department of
Labor''.
(4) In section 3119(c), by striking ``the Assistant Secretary
for Veterans' Employment in the Department of Labor,''.
(5) In section 3121(a)(3), by striking ``the Assistant
Secretary of Labor for Veterans' Employment and Training of the
Department of Labor'' and inserting ``the Under Secretary for
Veterans Economic Opportunity and Transition''.
(6) In section 3692(a), by striking ``and the Assistant
Secretary of Labor for Veterans' Employment and Training shall
be ex officio members'' and inserting ``an ex officio member''.
(7) In section 6306--
(A) in subsection (a), by striking ``shall arrange
with the Secretary of Labor for the State employment
service to match'' and inserting ``shall ensure that
the State employment service matches''; and
(B) in subsection (b), by striking ``, in
consultation with the Secretary of Labor,''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
SEC. 206. USE OF FEDERAL DIRECTORY OF NEW HIRES.
Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is
amended by adding at the end the following new paragraph:
``(4) Secretary of veterans affairs.--The Secretary of
Veterans Affairs shall have access to information reported by
employers pursuant to subsection (b) of this section.''.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
SEC. 301. MODIFICATION AND IMPROVEMENT OF TRANSFER OF UNUSED EDUCATION
BENEFITS TO FAMILY MEMBERS UNDER DEPARTMENT OF
VETERANS AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM.
(a) Eligibility Requirements.--Subsection (b)(1) of section 3319 of
title 38, United States Code, is amended--
(1) by striking ``six years'' and inserting ``ten years'';
and
(2) by striking ``four more years'' and inserting ``two more
years''.
(b) Commencement of Use.--Subsection (g)(1)(A) of such section is
amended by striking ``six years'' and inserting ``ten years''.
(c) Rate of Payment.--Subsection (h)(3)(B) of such section is amended
by inserting before the period at the end the following: ``, except
that the amount of the monthly stipend described in subsection
(c)(1)(B) or (g)(3)(A)(ii) of section 3313, as the case may be, shall
be payable in an amount equal to 50 percent of the amount of such
stipend that would otherwise be payable under this chapter to the
individual making the transfer''.
(d) Clerical Amendment.--Such section is further amended by striking
``armed forces'' each place it appears and inserting ``Armed Forces''.
(e) Applicability.--The amendments made by this section shall apply
with respect to an election to transfer entitlement under section 3319
of title 38, United States Code, that is made on or after the date that
is 180 days after the date of the enactment of this Act.
SEC. 302. CLARIFICATION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN
DAVID FRY SCHOLARSHIP.
(a) In General.--Section 701(d) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1796; 38
U.S.C. 3311 note) is amended to read as follows:
``(d) Applicability.--
``(1) In general.--The amendments made by this section shall
apply with respect to a quarter, semester, or term, as
applicable, commencing on or after January 1, 2015.
``(2) Deaths that occurred between september 11, 2001, and
december 31, 2005.--For purposes of section 3311(f)(2) of title
38, United States Code, any member of the Armed Forces who died
during the period beginning on September 11, 2001, and ending
on December 31, 2005, is deemed to have died on January 1,
2006.''.
(b) Election on Receipt of Certain Benefits.--Section 3311(f) of
title 38, United States Code, is amended--
(1) in paragraph (3), by striking ``A surviving spouse'' and
inserting ``Except as provided in paragraph (4), a surviving
spouse'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exception for certain elections.--
``(A) In general.--An election made under paragraph
(3) by a spouse described in subparagraph (B) may not
be treated as irrevocable if such election occurred
before the date of the enactment of this paragraph.
``(B) Eligible surviving spouse.--A spouse described
in this subparagraph is an individual--
``(i) who is entitled to assistance under
subsection (a) pursuant to paragraph (9) of
subsection (b); and
``(ii) who was the spouse of a member of the
Armed Forces who died during the period
beginning on September 11, 2001, and ending on
December 31, 2005.''.
(c) Technical Amendment.--Paragraph (5) of subsection (f) of section
3311 of title 38, United States Code, as redesignated by subsection
(b)(2), is amended by striking ``that paragraph'' and inserting
``paragraph (9) of subsection (b)''.
(d) Yellow Ribbon G.I. Education Enhancement Program.--Section
3317(a) of such title is amended by striking ``paragraphs (1) and (2)
of section 3311(b)'' and inserting ``paragraphs (1), (2), and (9) of
section 3311(b) of this title''.
SEC. 303. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code, is
amended by adding at the end the following new sentence: ``To the
maximum extent practicable, a course of education or training may be
pursued by a veteran as part of a rehabilitation program under this
chapter only if the course is approved for purposes of chapter 30 or 33
of this title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to a course of education or training pursued by a veteran
who first begins a program of rehabilitation under chapter 31 of title
38, United States Code, on or after the date that is one year after the
date of the enactment of this Act.
SEC. 304. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
303, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary. In evaluating need for
purposes of this subsection, the Secretary shall consider disability
ratings, the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor the
Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 305. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-
9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3326. Election to receive educational assistance
``(a) Individuals Eligible to Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive educational
assistance under this chapter if such individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance
under chapter 30 of the title and has used, but retains
unused, entitlement under that chapter;
``(B) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 and has used,
but retains unused, entitlement under the applicable
chapter;
``(C) is entitled to basic educational assistance
under chapter 30 of this title but has not used any
entitlement under that chapter;
``(D) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 but has not used
any entitlement under such chapter;
``(E) is a member of the Armed Forces who is eligible
for receipt of basic educational assistance under
chapter 30 this title and is making contributions
toward such assistance under section 3011(b) or 3012(c)
of this title; or
``(F) is a member of the Armed Forces who is not
entitled to basic educational assistance under chapter
30 of this title by reason of an election under section
3011(c)(1) or 3012(d)(1) of this title; and
``(2) as of the date of the individual's election under this
paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective as of the
first month beginning on or after the date of an election under
subsection (a) of an individual described by paragraph (1)(E) of that
subsection, the obligation of the individual to make contributions
under section 3011(b) or 3012(c) of this title, as applicable, shall
cease, and the requirements of such section shall be deemed to be no
longer applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a) makes
an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall be
available to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
``(3) Availability of unrevoked entitlement.--Any entitlement
described in paragraph (1) that is not revoked by an individual
in accordance with that paragraph shall remain available to the
dependent or dependents concerned in accordance with the
current transfer of such entitlement under section 3020 of this
title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the provisions
of this chapter, instead of basic educational assistance under
chapter 30 this title, or educational assistance under chapter
107, 1606, or 1607 of title 10, as applicable.
``(2) Limitation on entitlement for certain individuals.--In
the case of an individual making an election under subsection
(a) who is described by paragraph (1)(A) of that subsection,
the number of months of entitlement of the individual to
educational assistance under this chapter 33 shall be the
number of months equal to--
``(A) the number of months of unused entitlement of
the individual under chapter 30 of this title, as of
the date of the election, plus
``(B) the number of months, if any, of entitlement
revoked by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not Available
Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain entitled
to such educational assistance in accordance with the
provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1) (as
determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to the
individual under this chapter 33 as a monthly stipend payable
under paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a monthly
stipend under the applicable paragraph increased by the amount
equal to--
``(A) the total amount of contributions toward basic
educational assistance made by the individual under
section 3011(b) or 3012(c) of this title, as of the
date of the election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of
entitlement to basic educational
assistance under chapter 30 of this
title remaining to the individual at
the time of the election; plus
``(II) the number of months, if any,
of entitlement under such chapter 30
revoked by the individual under
subsection (c)(1); and
``(ii) the denominator of which is 36 months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by paragraph
(1) who is described by subsection (a)(1)(E), the number of
months of entitlement to basic educational assistance remaining
to the individual for purposes of paragraph (1)(B)(i)(II) shall
be 36 months.
``(3) Timing of payment.--The amount payable with respect to
an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under subsections (b) through
(g) of that section (as applicable), before the exhaustion of
the individual's entitlement to educational assistance under
this chapter.
``(g) Continuing Entitlement to Additional Assistance for Critical
Skills or Speciality and Additional Service.--An individual making an
election under subsection (a)(1) who, at the time of the election, is
entitled to increased educational assistance under section 3015(d) of
this title, or section 16131(i) of title 10, or supplemental
educational assistance under subchapter III of chapter 30 of this
title, shall remain entitled to such increased educational assistance
or supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an amount
equal to the quarter, semester, or term, as applicable, equivalent of
the monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who, on or
after January 1, 2016, submits to the Secretary an election
under this section that the Secretary determines is clearly
against the interests of the individual, or who fails to make
an election under this section, the Secretary may make an
alternative election on behalf of the individual that the
Secretary determines is in the best interests of the
individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after making
such election and shall provide the individual with a 30-day
period, beginning on the date of the individual's receipt of
such notice, during which the individual may modify or revoke
the election made by the Secretary on the individual's behalf.
The Secretary shall include, as part of such notice, a clear
statement of why the alternative election made by the Secretary
is in the best interests of the individual as compared to the
election submitted by the individual. The Secretary shall
provide the notice required under this paragraph by electronic
means whenever possible.
``(i) Irrevocability of Elections.--An election under subsection (a)
or (c)(1) is irrevocable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Election to receive educational assistance.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-9/
11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; 38
U.S.C. 3301 note) is hereby repealed.
SEC. 306. CLARIFICATION OF ASSISTANCE PROVIDED FOR CERTAIN FLIGHT
TRAINING AND OTHER PROGRAMS OF EDUCATION.
(a) Flight Training.--Subsection (c)(1)(A) of section 3313 of title
38, United States Code, is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively;
(B) by striking ``In the case of a program of
education pursued at a public institution of higher
learning'' and inserting ``(I) Subject to subclause
(II), in the case of a program of education pursued at
a public institution of higher learning not described
in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new subclause:
``(II) In determining the actual net cost for
in-State tuition and fees pursuant to subclause
(I), the Secretary may not pay for tuition and
fees relating to flight training.''; and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa) and
(bb) as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively;
(D) by striking ``In the case of a program of
education pursued at a non-public or foreign
institution of higher learning'' and inserting ``(I) In
the case of a program of education described in
subclause (II)''; and
(E) by adding at the end the following new subclause:
``(II) A program of education described in
this subclause is any of the following:
``(aa) A program of education pursued
at a non-public or foreign institution
of higher learning.
``(bb) A program of education pursued
at a public institution of higher
learning in which flight training is
required to earn the degree being
pursued (including with respect to a
dual major, concentration, or other
element of such a degree).''.
(b) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added
by subsection (a)(2)(E), is amended by adding at the end the following
new item:
``(cc) A program of education pursued
at a public institution of higher
learning in which the public
institution of higher learning enters
into a contract or agreement with an
entity (other than another public
institution of higher learning) to
provide such program of education or a
portion of such program of
education.''.
(c) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by subsection (a) and (b) shall apply with
respect to a quarter, semester, or term, as applicable,
commencing on or after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act, is
using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or (cc)
of section 3313(c)(1)(A)(ii)(II) of title 38, United States
Code, as added by subsections (a) and (b), respectively, the
amendment made by such subsection shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date that is two years after the date of the
enactment of this Act.
SEC. 307. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE
FROM SECRETARY OF DEFENSE AS ACTIVE DUTY FOR
PURPOSES OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3301(1)(B) of title 38, United States Code,
is amended by inserting ``12301(h),'' after ``12301(g),''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to active duty service by a member of a reserve component
covered by section 12301(h) of title 10, United States, beginning on or
after the date that is 180 days after the date of the enactment of this
Act.
SEC. 308. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) of title 38, United States Code, is amended by
striking ``June 30, 2013'' each place it appears and inserting ``June
30, 2013, or the period beginning on June 30, 2016, and ending on June
30, 2021''.
SEC. 309. VOCATIONAL REHABILITATION AND EDUCATION ACTION PLAN.
Not later than 270 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall develop and publish an action
plan for improving the services and assistance provided under chapter
31 of title 38, United States Code. Such plan shall include each of the
following:
(1) A comprehensive analysis of, and recommendations and a
proposed implementation plan for remedying workload management
challenges at regional offices of the Department of Veterans
Affairs, including steps to reduce counselor caseloads of
veterans participating in a rehabilitation program under such
chapter, particularly for counselors who are assisting veterans
with traumatic brain injury and post-traumatic stress disorder
and counselors with educational and vocational counseling
workloads.
(2) A comprehensive analysis of the reasons for the
disproportionately low percentage of veterans with service-
connected disabilities who served in the Armed Forces after
September 11, 2001, who opt to participate in a rehabilitation
program under such chapter relative to the percentage of such
veterans who use their entitlement to educational assistance
under chapter 33 of title 38, United States Code, including an
analysis of barriers to timely enrollment in rehabilitation
programs under chapter 31 of such title and of any barriers to
a veteran enrolling in the program of that veteran's choice.
(3) Recommendations and a proposed implementation plan for
encouraging more veterans with service-connected disabilities
who served in the Armed Forces after September 11, 2001, to
participate in rehabilitation programs under chapter 31 of such
title.
(4) A national staff training program for vocational
rehabilitation counselors of the Department that includes the
provision of--
(A) training to assist counselors in understanding
the very profound disorientation experienced by
warriors whose lives and life-plans have been upended
and out of their control because of their injury;
(B) training to assist counselors in working in
partnership with veterans on individual rehabilitation
plans; and
(C) training on post-traumatic stress disorder and
other mental health conditions and on moderate to
severe traumatic brain injury that is designed to
improve the ability of such counselors to assist
veterans with these conditions, including by providing
information on the broad spectrum of such conditions
and the effect of such conditions on an individual's
abilities and functional limitations.
SEC. 310. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN VOCATIONAL
REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of Veterans
Affairs shall reduce redundancy and inefficiencies in the use of
information technology to process claims for rehabilitation programs
under chapter 31 of title 38, United States Code, by--
(1) ensuring that all payments for and on behalf of veterans
participating in a rehabilitation program under such chapter
are only processed and paid out of one corporate information
technology system, in order to eliminate the redundancy of
multiple information technology payment systems; and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2016
$10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the changes made pursuant to subsection (a).
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
SEC. 401. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN
GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL
INSTITUTIONS.
(a) In General.--Section 3684(a) of title 38, United States Code, is
amended--
(1) in paragraph (1), by inserting ``32, 33,'' after ``31,'';
and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `educational
institution' may include a group, district, or consortium of separately
accredited educational institutions located in the same State that are
organized in a manner that facilitates the centralized reporting of the
enrollments in such group, district, or consortium of institutions.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to reports submitted on or after the date of the
enactment of this Act.
SEC. 402. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3699. Provision of certain information to educational
institutions
``For each veteran or other individual pursuing a course of education
that has been approved under this chapter using educational assistance
to which the veteran or other individual is entitled under chapter 30,
32, 33, or 35 of this title, the Secretary shall make available to the
educational institution offering the course information about the
amount of such educational assistance to which the veteran or other
individual is entitled. Such information shall be provided to such
educational institution through a secure information technology system
accessible by the educational institution and shall be regularly
updated to reflect any amounts used by the veteran or other
individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3698 the following new item:
``3699. Provision of certain information to educational
institutions.''.
SEC. 403. ROLE OF STATE APPROVING AGENCIES.
(a) Approval of Certain Courses.--Section 3672(b)(2)(A) of title 38,
United States Code, is amended by striking ``the following'' and all
that follows through the colon and inserting the following: ``a program
of education is deemed to be approved for purposes of this chapter if a
State approving agency determines that the program is one of the
following programs:''.
(b) Approval of Other Courses.--Section 3675 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary or a State approving
agency'' and inserting ``A State approving agency, or
the Secretary when acting in the role of a State
approving agency,''; and
(B) by striking ``offered by proprietary for-profit
educational institutions'' and inserting ``not covered
by section 3672 of this title''; and
(2) in subsection (b), by striking ``the Secretary or the
State approving agency'' each place it appears and inserting
``the State approving agency, or the Secretary when acting in
the role of a State approving agency,''.
SEC. 404. CRITERIA USED TO APPROVE COURSES.
(a) Nonaccredited Courses.--Section 3676(c)(14) of title 38, United
States Code, is amended by inserting before the period the following:
``if the Secretary, in consultation with the State approving agency and
pursuant to regulations prescribed to carry out this paragraph,
determines such criteria are necessary and treat public, private, and
proprietary for-profit educational institutions equitably''.
(b) Accredited Courses.--Section 3675(b)(3) of such title is amended
by striking ``and (3)'' and inserting ``(3), and (14)''.
(c) Application.--The amendment made by subsection (a) shall apply
with respect to--
(1) criteria developed pursuant to paragraph (14) of
subsection (c) of section 3676 of title 38, United States Code,
on or after January 1, 2013; and
(2) an investigation conducted under such subsection that is
covered by a reimbursement of expenses paid by the Secretary of
Veterans Affairs to a State pursuant to section 3674 of such
title on or after October 1, 2015.
SEC. 405. COMPLIANCE SURVEYS.
(a) In General.--Section 3693 of such title is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Except as provided in subsection (b), the Secretary shall
conduct an annual compliance survey of educational institutions and
training establishments offering one or more courses approved for the
enrollment of eligible veterans or persons if at least 20 such veterans
or persons are enrolled in any such course. The Secretary shall--
``(A) design the compliance surveys to ensure that such
institutions or establishments, as the case may be, and
approved courses are in compliance with all applicable
provisions of chapters 30 through 36 of this title;
``(B) survey each such educational institution and training
establishment not less than once during every two-year period;
and
``(C) assign not fewer than one education compliance
specialist to work on compliance surveys in any year for each
40 compliance surveys required to be made under this section
for such year.
``(2) The Secretary, in consultation with the State approving
agencies, shall--
``(A) annually determine the parameters of the surveys
required under paragraph (1); and
``(B) not later than September 1 of each year, make available
to the State approving agencies a list of the educational
institutions and training establishments that will be surveyed
during the fiscal year following the date of making such list
available.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the terms `educational institution' and
`training establishment' have the meaning given such terms in section
3452 of this title.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) by striking ``subsection (a) of this section for an
annual compliance survey'' and inserting ``subsection (a)(1)
for a compliance survey'';
(2) by striking ``institution'' and inserting ``educational
institution or training establishment''; and
(3) by striking ``institution's demonstrated record of
compliance'' and inserting ``record of compliance of such
institution or establishment''.
SEC. 406. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO EDUCATIONAL
ASSISTANCE UNDER THE EDUCATIONAL ASSISTANCE
PROGRAMS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) Survey Required.--By not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract with a non-government entity for the conduct of a
survey of a statistically valid sample of individuals who have used or
are using their entitlement to educational assistance under chapters
30, 32, 33, and 35 of title 38, United States Code, to pursue a program
of education or training. The contract shall provide that--
(1) not later than one month before the collection of data
under the survey begins, the survey shall be submitted to the
Committees on Veterans' Affairs of the Senate and House of
Representatives;
(2) the non-government entity shall complete the survey and
submit to the Secretary the results of the survey by not later
than 180 days after entering into the contract; and
(3) the survey shall be conducted by electronic means and by
any other means the non-government entity determines
appropriate.
(b) Information To Be Collected.--The contract under subsection (a)
shall provide that the survey shall be designed to collect the
following types of information about each individual surveyed, where
applicable:
(1) Demographic information, including the highest level of
education completed by the individual, the military
occupational specialty or specialties of the individual while
serving on active duty as a member of the Armed Forces or as a
member of the National Guard or of a Reserve Component of the
Armed Forces, and whether the individual has a service-
connected disability.
(2) The opinion of the individual regarding participation in
the transition assistance program under section 1144 of title
10, United States Code, and the effectiveness of the program,
including instruction on the use of the benefits under laws
administered by the Secretary of Veterans Affairs.
(3) The resources the individual used to help the
individual--
(A) decide to use the individual's entitlement to
educational assistance to enroll in a program of
education or training; and
(B) choose the program of education or training the
individual pursued.
(4) The individual's goal when the individual enrolled in the
program of education or training.
(5) The nature of the individual's experience with the
education benefits processing system of the Department of
Veterans Affairs.
(6) The nature of the individual's experience with the school
certifying official of the educational institution where the
individual pursued the program of education or training who
processed the individual's claim.
(7) Any services or benefits the educational institution or
program of education or training provided to veterans while the
individual pursued the program of education or training.
(8) The type of educational institution at which the
individual pursued the program of education or training.
(9) Whether the individual completed the program of education
or training or the number of credit hours completed by the
individual as of the time of the survey, and, if applicable,
any degree or certificate obtained by the individual for
completing the program.
(10) The employment status of the individual and whether such
employment status differs from the employment status of the
individual prior to enrolling in the program of education or
training.
(11) Whether the individual is or was enrolled in a program
of education on a full-time or part-time basis.
(12) The opinion of the individual on the effectiveness of
the educational assistance program of the Department of
Veterans Affairs under which the individual was entitled to
educational assistance.
(13) Whether the individual was ever entitled to a
rehabilitation under chapter 31 of title 38, United States
Code, and whether the individual participated in such a
program.
(14) A description of any circumstances that prevented the
individual from using the individual's entitlement to
educational assistance to pursue a desired career path or
degree.
(15) Whether the individual is using the individual's
entitlement to educational assistance to pursue a program of
education or training or has transferred such an entitlement to
a dependent.
(16) Such other matters as the Secretary determines
appropriate.
(c) Report.--Not later than 90 days after receiving the results of
the survey required under this section, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of the survey and any
recommendations of the Secretary relating to such results. Such report
shall also include an unedited version of the results of the survey
submitted by the non-government entity that conducted the study.
SEC. 407. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS
BENEFITS ADMINISTRATION OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a plan to implement the changes and improvements
described in subsection (a).
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the implementation of the changes and improvements
described in subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2016 and 2017.
SEC. 408. TECHNICAL AMENDMENT RELATING TO IN-STATE TUITION RATE FOR
INDIVIDUALS TO WHOM ENTITLEMENT IS TRANSFERRED
UNDER ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE
PROGRAM AND POST-9/11 EDUCATIONAL ASSISTANCE.
(a) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United
States Code, is amended by striking ``or 3319 of this title'' and all
that follows and inserting ``of this title or to whom educational
assistance is transferred under section 3319 of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to a course, semester, or term that begins after July 1,
2016.
TITLE V--OTHER MATTERS
SEC. 501. AMOUNT OF LOAN GUARANTEED UNDER HOME LOAN PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Adjustment of Loan Limit.--Section 3703(a)(1) of title 38, United
States Code, is amended--
(1) in subparagraph (A)(i)(IV)--
(A) by striking ``the lesser of''; and
(B) by striking ``or 25 percent of the loan''; and
(2) in subparagraph (C), by striking ``Freddie Mac'' and all
that follows through the period at the end and inserting
``amount of the loan.''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to a loan guaranteed under section 3710 of title 38,
United States Code, on or after the date that is 30 days after the date
of the enactment of this Act.
SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND PLACEMENT
SERVICE FOR VETERANS.
(a) In General.--Chapter 41 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 4115. Longitudinal study of job counseling, training, and
placement service for veterans
``(a) Study Required.--(1) The Secretary shall enter into a contract
with a non-government entity to conduct a longitudinal study of a
statistically valid sample of each of the groups of individuals
described in paragraph (2). The contract shall provide for the study of
each such group over a period of at least five years.
``(2) The groups of individuals described in this paragraph are the
following:
``(A) Veterans who have received intensive services.
``(B) Veterans who did not receive intensive services but who
otherwise received services under this chapter.
``(C) Veterans who did not seek or receive services under
this chapter.
``(3) The study required by this subsection shall include the
collection of the following information for each individual who
participates in the study:
``(A) The average number of months such individual served on
active duty.
``(B) The distribution of disability ratings of such
individual.
``(C) Any unemployment benefits received by such individual.
``(D) The average number of months such individual was
employed during the year covered by the report.
``(E) The average annual starting and ending salaries of any
such individual who was employed during the year covered by the
report.
``(F) The average annual income of such individual.
``(G) The average total household income of such individual
for the year covered by the report.
``(H) The percentage of such individuals who own their
principal residences.
``(I) The employment status of such individual.
``(J) In the case of such an individual who received services
under this chapter, whether the individual believes that any
service provided by a disabled veterans' outreach specialist or
local veterans' employment representative helped the individual
to become employed.
``(K) In the case of such an individual who believes such a
service helped the individual to become employed, whether--
``(i) the individual retained the position of
employment for a period of one year or longer; and
``(ii) the individual believes such a service helped
the individual to secure a higher wage or salary.
``(L) The conditions under which such individual was
discharged or released from the Armed Forces.
``(M) Whether such individual has used any educational
assistance to which the individual is entitled under this
title.
``(N) Whether such individual has participated in a
rehabilitation program under chapter 31 of this title.
``(O) Demographic information about such individual.
``(P) Such other information as the Secretary determines
appropriate.
``(b) Annual Reports.--(1) By not later than July 1 of each year
covered by the study required under subsection (a), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the outcomes of the study during the
preceding year.
``(2) The Secretary shall include in each annual report submitted
under paragraph (1) any information the Secretary determines is
necessary to determine the long-term outcomes of the individuals in the
groups described in subsection (a)(2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4115. Longitudinal study of job counseling, training, and placement
service for veterans.''.
SEC. 503. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS.
(a) In General.--Section 8127 of title 38, United States Code, is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Limitations on Subcontracting.--(1)(A) The requirements
applicable to a covered small business concern under section 46 of the
Small Business Act (15 U.S.C. 657s) shall apply with respect to a small
business concern owned and controlled by a veteran with a service-
connected disability or a small business concern owned and controlled
by a veteran that is awarded a contract that is counted for purposes of
meeting the goals under subsection (a).
``(B) For purposes of applying the requirements of section 46 of the
Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the
term `similarly situated entity' used in such section 46 includes a
subcontractor for a small business concern owned and controlled by a
veteran with a service-connected disability or a small business concern
owned and controlled by a veteran described in such subparagraph (A).
``(2) Before awarding a contract that is counted for purposes of
meeting the goals under subsection (a), the Secretary shall obtain from
an offeror a certification that the offeror will comply with the
requirements described in paragraph (1)(A) if awarded the contract.
Such certification shall--
``(A) specify the exact performance requirements applicable
under such paragraph; and
``(B) explicitly acknowledge that the certification is
subject to section 1001 of title 18.
``(3) If the Secretary determines that a small business concern that
is awarded a contract that is counted for purposes of meeting the goals
under subsection (a) did not act in good faith with respect to the
requirements described in paragraph (1)(A), the small business concern
shall be subject to the penalties specified in--
``(A) section 16(g)(1) of the Small Business Act (15 U.S.C.
645(g)(1)); and
``(B) section 1001 of title 18.
``(4)(A) The Director of Small and Disadvantaged Business Utilization
for the Department, established pursuant to section 15(k) of the Small
Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of
the Department, established pursuant to section 1702 of title 41, shall
jointly implement a process using the systems described in section
16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other
systems available, to monitor compliance with this subsection. The
Chief Acquisition Officer shall refer any violations of this subsection
to the Inspector General of the Department.
``(B) Not later than November 30 of each year, the Inspector General
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report for the fiscal year preceding the
fiscal year during which the report is submitted that includes, for the
fiscal year covered by the report--
``(i) the number of referred violations received under
subparagraph (A); and
``(ii) the disposition of such referred violations, including
the number of small business concerns suspended or debarred
from Federal contracting or referred to the Attorney General
for prosecution.''.
(b) Effective Date.--Subsection (l) of section 8127 of title 38,
United States Code, as added by subsection (a) shall apply with respect
to a contract entered into after the date of the enactment of this Act.
SEC. 504. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO STATE
VETERANS AGENCIES TO FACILITATE THE FURNISHING OF
ASSISTANCE AND BENEFITS TO VETERANS.
(a) Procedures Required.--The Secretary of Veterans Affairs shall
develop procedures to share the information described in subsection (b)
regarding veterans with State veterans agencies in electronic data
format as a means of facilitating the furnishing of assistance and
benefits to veterans.
(b) Covered Information.--The information shared with State veterans
agencies under subsection (a) regarding a veteran shall include the
following:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Opt-Out Election.--A veteran may elect to prevent their
information from being shared with State veterans agencies under
subsection (a) pursuant to a process that the Secretary shall establish
for purposes of this subsection.
(d) Use of Information.--The Secretary shall ensure that the
information shared with State veterans agencies in accordance with the
procedures developed under subsection (a) is only shared by such
agencies with county government veterans service offices for such
purposes as the Secretary shall specify for the administration and
delivery of assistance and benefits.
Amend the title so as to read:
A bill to amend title 38, United States Code, to make
certain improvements in the laws administered by the Secretary
of Veterans Affairs relating to health care, educational
assistance, and vocational rehabilitation, to establish the
Veterans Economic Opportunity and Transition Administration,
and for other purposes.
Purpose and Summary
H.R. 3016, the VA Provider Equity Act, was introduced by
Representative Wenstrup of Ohio on July 9, 2015. H.R. 3016, as
amended, the Veterans Employment, Education, and Healthcare
Improvement Act incorporates the text of H.R. 3016 as well as
provisions from the following bills: H.R. 272, introduced by
Representative Tim Walberg of Michigan on January 12, 2015;
H.R. 356, introduced by Representative Sean Patrick Maloney of
New York on January 14, 2015; H.R. 359, introduced by
Representative Steve Stivers of Ohio on January 14, 2015; H.R.
423, introduced by Representative Doug Collins of Georgia on
January 21, 2015; H.R. 475, introduced by Representative Brad
Wenstrup of Ohio on January 22, 2015; H.R. 476, introduced by
Representative Brad Wenstrup of Ohio on January 22, 2015; H.R.
643, introduced by Representative Gus Bilirakis of Florida on
February 2, 2015; H.R. 832, introduced by Representative Paul
Cook of California on February 10, 2015; H.R. 1015, introduced
by Representative Tim Huelskamp of Kansas on February 20, 2015;
H.R. 1141, introduced by Representative Mark Takano of
California on February 26, 2015; H.R. 1187, introduced by
Representative Lee Zeldin of New York on February 27, 2015;
H.R. 1862, introduced Representative Charles Boustany of
Louisiana on April 16, 2015; H.R. 2275, introduced by
Representative Jeff Miller of Florida on May 12, 2015; H.R.
2344 introduced by Representative Brad Wenstrup of Ohio on May
14, 2015; H.R. 2531, and introduced by Representative Tammy
Duckworth of Illinois on May 21, 2015.
H.R. 3016, as amended, would: (1) make Doctors of Podiatric
Medicine (podiatrists) equal to Doctors of Osteopathy (DOs) and
Medical Doctors (MDs) within VA in terms of pay, promotion, and
leadership potential within the U.S. Department of Veterans
Affairs (VA) health care system and amend VA's definition of
``physician'' to include podiatrists; (2) increase, from third
to first, the priority for enrollment in the VA health care
system given to Medal of Honor (MOH) recipients and exempt MOH
recipients from having to pay co-payments for inpatient care,
outpatient care, long-term care, and prescription medications;
(3) allow VA to provide the newborn child of a female veteran
who is receiving VA provided maternity care with post-delivery
care services for 42 days after the child's birth if the
veteran delivered the child in a VA facility or another
facility with which VA has a contract for such services; (4)
require the Government Accountability Office (GAO) to conduct
periodic audits of the VA health care budget; (5) require VA to
conduct outreach to and establish a toll-free number for
veterans with credit issues caused by a delayed payment of a
claim for emergency hospital care, medical services, or other
emergency health care furnished through a non-VA provider,
report on the number of pending claims and VA's effectiveness
in providing timely payment of proper invoices for emergency
hospital care, medical services, or other emergency health care
furnished through non-VA providers, and require GAO to conduct
a study that evaluates the effectiveness of the Chief Business
Office (CBO) in providing timely payment of a proper invoice
for such care by the required payment date; (6) direct VA to
carry out a 5-year pilot program to assess the effectiveness of
addressing veterans' post-traumatic stress disorder (PTSD) and
post-deployment mental health issues through the therapeutic
medium of service dog training and handling; (7) authorize the
creation of the new Veterans Economic Opportunity and
Transition Administration (VEOTA) at VA; (8) transfer all
programs and functions of the U.S. Department of Labor's (DoL)
Veterans Employment and Training Service (VETS) to VA under the
new VEOTA; (9) make various improvements to the G.I. Bill
program; (10) provide eligibility for the Post-9/11 GI Bill for
servicemembers on certain military orders; (11) improve the
processing of vocational rehabilitation and education (VR&E)
benefits; (12) eliminate the current monetary cap for a VA-
backed home loan; (14) make changes to protect small businesses
that are owned and controlled by veterans; and (15) authorize a
new longitudinal study on outcomes of job training and
placement programs for veterans.
Background and Need for Legislation
TITLE I--VETERANS HEALTH CARE
Section 101--Role of podiatrists in the Department of Veterans Affairs
According to VA data regarding health care utilization
among veterans of Operation Enduring Freedom, Operation Iraqi
Freedom, and Operation New Dawn, of the approximately 61
percent of veterans newly separated from service in the Armed
Forces who have used VA health care since October 1, 2001, the
most common diagnosis was for a musculoskeletal ailment. Some
of these musculoskeletal ailments are the result of lower
extremity injuries inflicted by improvised explosive devices on
the battlefield. Musculoskeletal ailments are also an
increasingly prevalent concern among veterans of previous
generations who may be struggling with lower extremity issues
exacerbated by aging, chronic conditions like diabetes, and
complications resulting from military service. The recruitment
and retention of podiatrists at VA medical facilities is
critical to ensuring that these veterans are provided with
high-quality care. However, VA's qualifications for podiatrists
were developed in 1976 and have not been updated in the 39
years since. In that time, the practice of podiatry has evolved
significantly. Because VA's podiatric service has not kept pace
with these changes, VA podiatrists experience disparities in
recognition and pay when compared to their non-VA peers. During
a May 15, 2015, Subcommittee on Health hearing on VA staffing,
a representative from the American Podiatric Medical
Association testified that there was a, ``. . . marked
disparity in recognition and pay of podiatrists as physicians
in the VA [healthcare system]. These discrepancies have
directly resulted in a severe recruitment issue of experienced
podiatrists into the VA, and unfortunately have also been the
direct cause of retention issues.''
To address this, Section 101 of the bill would make
podiatrists equal to DOs and MDs within VA in terms of pay,
make podiatrists eligible for the same promotions and
leadership positions within VA as DOs and MDs, and amend VA's
definition of ``physician'' to include podiatrists. The
Committee believes that this will correct long-standing
inequities between the treatment of podiatrists in VA medical
facilities and podiatrists' practices in the private sector and
significantly improve VA's ability to recruit and retain high-
quality podiatrists within the VA health care system.
Section 102--Priority of Medal of Honor recipients in health care
system of Department of Veterans Affairs
Eligibility for the VA health care system is governed by a
system of eight enrollment priority groups. Medal of Honor
(MOH) recipients--who have been granted the highest award for
valor that can be bestowed upon an individual for service in
the United States Armed Forces--are eligible to be enrolled in
the VA healthcare system under priority group 3. Other veterans
eligible for enrollment under priority group 3 include former
Prisoners of War, Purple Heart recipients, veterans whose
discharge was for a disability that was incurred or aggravated
in the line of duty, veterans with a VA-rated service-connected
disability of 10 percent or 20 percent, and veterans awarded
special eligibility for purposes of receiving vocational
rehabilitation benefits. Veterans in priority group 3 are
required to pay applicable VA copayments for certain care.
Given the extraordinary service that MOH recipients have
provided our nation, the Committee believes that these veterans
should be granted the highest priority for care and should not
be required to pay copayments for the care that they receive
through VA. As such, Section 102 of the bill would increase,
from third to first, the priority for enrollment in the VA
health care system given to MOH recipients and would also
exempt MOH recipients from having to pay co-payments for
inpatient care, outpatient care, long-term care, and
prescription medications.
Section 103--Improvement of care provided to newborn children
During the 111th Congress, the Caregivers and Veterans
Omnibus Health Services Act of 2010 (P.L. 111-163, 124 Stat.
1130) authorized VA to furnish care to a newborn child of a
female veteran receiving VA-provided maternity care for up to
seven days following the birth of the child, if the female
veteran delivered the newborn child in a VA facility or in
another facility pursuant to a VA contract. Prior to this Act,
VA had been authorized to provide maternity care to female
veterans but had not been authorized to provide care to the
newborn child of a female veteran. VA-provided newborn care,
like VA-provided maternity care, is typically provided by non-
VA providers in non-VA facilities at VA's expense. VA defines
newborn care as any care provided to an infant once the
umbilical cord connecting it to its mother has been severed.
The number of female veterans requiring VA-provided
maternity and newborn care is rising. VA expects female
veterans to deliver 2,157 newborns in Fiscal Year (FY) 2016,
with 11 percent of those births expected to require inpatient
hospitalization beyond the seven days that VA can currently
cover. Further, VA expects the number of female veteran births
to rise by approximately ten percent from FY 2017 to FY 2025,
with the number of newborns delivered preterm or with low birth
weight projected to increase 11 percent per year over that same
time frame. What's more, there is evidence to suggest that
female veterans, particularly those with PTSD are at an
increased risk for birth complications. According to a 2014
study conducted by VA and the Stanford University School of
Medicine, a woman's risk of spontaneous premature delivery
increases by 35 percent if the woman has PTSD in the year
before delivery. The study team analyzed the 16,344 births that
VA covered from 2000 to 2012 and found that 3,049 infants were
born to female veterans with a PTSD diagnosis. Of those, there
were 1,921 births to female veterans with a PTSD diagnosis in
the year prior to giving birth.
Section 103 of the bill would authorize VA to provide the
newborn child of a woman veteran who is receiving VA maternity
care with post-delivery care services for 42 days (six weeks)
after the child's birth if the veteran delivered the child in a
VA facility or another facility with which VA has a contract
for such services. This would make VA-provided newborn care
more equivalent to VA-provided maternity care in length, which
generally begins with the confirmation of pregnancy and
continues through the postpartum visit 6 to 8 weeks after
delivery.
Section 104--Comptroller general audit of budget of Veterans Health
Administration
The Veterans Health Care Budget Reform and Transparency Act
of 2009 (P.L. 111-81, 123 Stat. 2137) required GAO to report on
the President's annual budget request to Congress for VA health
care services. In response to this mandate, GAO studied the
consistency, transparency, and reliability of the information
in VA's congressional budget justifications and VA's Enrollee
Health Care Projection Model (EHCPM). GAO's last report
conducted in accordance with this budget mandate was released
in 2013. In June 2015, the Committee uncovered a multi-billion
dollar shortfall in VA's Medical Services account which
threatened VA's ability to continue treating veteran patients
through the remainder of FY 2015. According to VA, this
shortfall was driven by increased demand for non-VA care and
rising costs of Hepatitis C treatments. To prevent a nationwide
VA health care system shutdown, Congress passed the Surface
Transportation and Veterans Health Care Choice Improvement Act
of 2015 (P.L. 114-41, 129 Stat. 443), which included a section
authorizing VA to access $3.348 billion from the Veterans
Choice Fund to cover the costs of non-VA care and Hepatitis C
treatments through the end of the FY 2015. However, while that
action addressed VA's short-term VA health care budget
concerns, it also highlighted the need for continuing audits of
VA's health care budget.
To add context to the requirement set forth in this
section, VA's FY15 financial report was released on November
16, 2015. While the auditor gave VA's financial statements an
unmodified, i.e. ``clean'' opinion, internal controls have
deteriorated. VA now has material weaknesses in its IT security
controls, procurement, purchased care processing and
reconciliation, and financial reporting. VA has significant
deficiencies in operating expense accrual and the organization
of its office of the Chief Financial Officer. In addition,
Anti-deficiency Act violations and noncompliance with section
5315 of title 38, U.S.C. (dealing with interest on and recovery
of delinquent benefits payments) continue, and there are new
non-compliances with the Federal Managers' Financial Integrity
Act and the Improper Payments Elimination and Recovery Act. The
overall picture of financial operations in VA has worsened from
FY14.
As such, Section 104 of the bill would require GAO to
conduct periodic audits of the Veterans Health Administration
(VHA) budget. In determining which aspect of VHA's budget to
audit, GAO would be required to take into account current
issues, national priorities, and priorities expressed by the
House and Senate Committees on Veterans' Affairs,
Appropriations, and Budget and to submit notice to those same
committees 30 days before conducting the audit. This would
ensure that GAO's work is in line with the specific aspects of
VA's health care budget that are of the highest interest and
value to Congress.
Section 105--Outreach to Veterans regarding effect of certain delayed
payments by Department of Veterans Affairs chief business
office
Regulations issued in response to the Prompt Payment Act
(chapter 39 of title 31, U.S.C.),\1\ stipulates that valid and
proper invoices submitted by vendors must be paid on time by
federal agencies. VA's ability to timely and accurately process
payments to non-VA providers, in compliance with the prompt
payment rule, is increasingly important as the number of
veterans receiving care from non-VA providers continues to rise
significantly. The Veterans Access, Choice, and Accountability
Act of 2014 (P.L. 113-146, 128 Stat. 1754) (Choice Act)
included two provisions aimed at improving the timeliness of
VA's payments to non-VA providers. However, since the passage
of the law, anecdotal reports continue to indicate that VA is
not meeting this target or otherwise complying with the prompt
payment rule. In the last year, the Committee has heard from
health care entities ranging from large-scale hospital
corporations to individual providers who report either
nonpayment or extremely delayed and/or inaccurate payments on
the part of VA. This has resulted in millions of dollars of
unpaid debt, which, in some cases, has been transferred to the
veteran patient.
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To assist veterans who have been penalized due to VA's
inability or unwillingness to pay non-VA providers in a timely
manner, Section 105 of the bill would require VA to conduct
outreach to inform veterans of how to resolve credit issues
caused by a delayed payment of a claim for emergency hospital
care, medical services, or other emergency health care
furnished through a non-VA provider. VA would also be required
to establish a toll-free telephone number for veterans to
report credit issues resulting from VA delayed or inaccurate
payment to the VA CBO. This Section would also require VA to
report to Congress annually on the Department's effectiveness
in providing timely payment for care furnished through non-VA
providers and quarterly reports on the number of pending claims
for reimbursement by non-VA providers. This would ensure that
the Committee is continually kept informed of VA's progress
complying with the prompt payment rule while also ensuring that
veterans are provided resources to assist them in resolving
credit issues that may result from delayed or inaccurate
payments on the part of VA.
Section 106--Department of Veterans Affairs pilot program on dog
training therapy
Given the prevalence of PTSD and other post-deployment
mental health issues among the veteran population, Congress has
recognized the need to provide veterans seeking treatment for
mental health issues with newer and more innovative therapies.
One of these therapies is service dog training therapy, which
is believed to help address symptoms associated with PTSD and
post-deployment mental health issues without the use of
pharmaceuticals. Currently, therapeutic service dog training
programs for servicemembers and veterans are ongoing at the
Walter Reed National Military Medical Center, the National
Intrepid Center of Excellence, the Palo Alto VA Medical Center,
the Fort Belvoir Warrior Transition Brigade, the
NeuroRestorative Residential Treatment Center, and the Warrior
Canine Connection Healing Quarters. Anecdotal reports from
servicemembers and veterans who have sought care through these
programs have been positive, including improved emotional
regulation, sleep patterns, and sense of personal safety as
well as reduced levels of anxiety and social isolation.
According to a statement for the record provided to the
Subcommittee on Health by Warrior Canine Connection for a
Subcommittee legislative hearing on July 14, 2015, service dog
training programs for veterans with mental health issues
benefits veterans in the following ways:
In teaching the dogs that the world is a safe place,
the Warrior Trainers challenge their symptoms of combat
stress. By focusing on preparing the dogs for service
as the partners of disabled veterans, they are
motivated and able to visit places they usually avoid,
like stores, restaurants, and crowded public
transportation stations. The program also emphasizes
positive reinforcement, emotional affect, consistency,
and patience--tools that make Warrior Trainers better
parents and improve their family relationships.
Section 106 of the bill would require VA to carry out a
five-year pilot program to assess the effectiveness of
addressing veterans' post-deployment mental health and PTSD
symptoms through the therapeutic medium of service dog training
and handling. This would provide needed data regarding the
effectiveness of service dog training for reducing symptoms of
mental illness among the veteran population. In carrying out
the pilot, VA would be required to contract with appropriate
nongovernmental entities certified in the training and handling
of service dogs located in close proximity to at least three
but no more than five VA medical centers with a training area
that would be appropriate for use in educating veterans with
mental health conditions in the art and science of service dog
training and handling. This would enable more veterans with
mental health concerns to participate in service dog training
programs, which the Committee hopes will assist them in
reintegrating healthfully back into the community. Upon
completion of the pilot, the trained service dogs would be
provided to veterans with disabilities, thereby providing the
veterans participating in the pilot with an opportunity to help
their fellow veterans. The pilot program would have the added
benefit of providing a possible career path to veterans who
successfully graduate from the program and are interested in
becoming certified dog trainers.
TITLE II--VETERANS ECONOMIC OPPORTUNTIY AND TRANSITITION ADMINISTRATION
Section 201--Establishment of Veteran Economic Opportunity and
Transition Administration of Department of Veterans Affairs
Currently, title 38, U.S.C. establishes three separate
Administrations within VA. Chapter 73 of title 38, U.S.C.
establishes the VHA, which manages all VA health care related
facilities and programs. Chapter 77 of title 38, U.S.C.,
establishes the Veterans Benefits Administration (VBA), which
is responsible for the administration of all benefit programs,
including compensation, pension, insurance, educational
assistance and training programs, and loan guaranty programs.
Chapter 24 of title 38, U.S.C. establishes the National
Cemetery Administration (NCA), which manages over 131 National
Cemeteries and other burial-related facilities and programs.
VA's disability compensation program is a highly complex
program, designed to provide monthly payments for disabilities
incurred or aggravated in military service. With the wars in
the Middle East and the aging of the veterans population in
general, the number of compensation claims that have been
received by VA has continued to increase. As of August 29,
2015, there are still 356,765 disability claims backlogged at
VA, and over 25 percent of these claims have been pending for
more than 125 days. These backlogged claims continue to draw
considerable criticism from the veterans' community, as well as
Congress, and the media.
In the 109th Congress, the Committee recognized the
importance of focusing on programs that increase economic
opportunities for veterans and lessen reliance on long-term
government assistance by creating the Subcommittee on Economic
Opportunity. This Subcommittee has jurisdiction over education
and training, employment, home loan, and other programs that
focus on a veteran's ability to obtain and retain meaningful
employment. The Committee believes that this increased focus
and specialization has brought greater attention and needed
oversight to these programs that seek to enable veterans to
live economically-productive lives.
Understandably, senior VBA leaders spend considerable time
and resources focusing on decreasing the inventory of
disability compensation claims at the expense of time and focus
needed for other benefit programs. Over time, this has led to
less leadership attention to the non-compensation programs. As
an example, the Administration's FY 2016 budget request
includes funds to support 21,101 full time equivalent employees
(FTEE) for VBA. Of this number, 17,119 FTEE were requested to
administer disability compensation, pension, burial, dependency
indemnity compensation, and fiduciary programs while only 4,752
FTEE were requested for other programs.
The number of FTEE for disability compensation and pension
has ballooned by 8,160, or 91 percent, since FY 2005, while
over this same time period, the FTEE for other programs at VBA
has not grown at the same rate. While it is important to
increase staffing to attack the current backlog, the Committee
believes that the focus on disability compensation and pension
results in a lack of attention being given to the lengthy waits
for benefits from the education, vocational rehabilitation, and
loan guaranty programs and only undermines the potential for
veterans to improve their lives through programs that increase
economic opportunities.
Therefore, to ensure more effective oversight of those
programs, the Committee believes that separating the
compensation and pension programs from programs which lead to
increased employability and economic success would be
appropriate. Section 201 would, therefore, create chapter 80 in
title 38, U.S.C., to establish the Veterans Economic
Opportunity and Transition Administration, which would manage
the G.I. Bill, Home Loan Guaranty, and Vocational
Rehabilitation and Employment (VR&E) programs, as well as all
employment programs currently administered by DoL's VETS.
Additionally, section 8127 of title 38, U.S.C., established
a program to assist VA in meeting the statutory goals for
procurement of goods and services from service disabled
veteran-owned small businesses. Because small business
ownership can be a significant contributor to economic success
and due to VA's continued difficulty in administering the
service-disabled veteran-owned small business program, Section
201 would place the program authorized by section 8127 of title
38, U.S.C., under the supervision of VEOTA.
The Committee also believes that with the significant
growth in VA employees, it would be appropriate to staff the
new VEOTA using existing personnel resources, so this Section
would also cap the amount of combined FTEE at both VBA and
VEOTA to no more than 22,118 FTEE for FY 2017 and FY 2018.
Finally, in order for the organization of the VEOTA to take
place in an orderly and efficient manner, the amendments made
by this Section and title would not go into effect until
October 1, 2016. The Committee believes this gives VA and DoL
enough time to allow for a smooth transition in the re-
alignment these programs within VEOTA.
Section 202--Under Secretary for Veterans Economic Opportunity and
Transition
Section 202 of the bill would amend title 38, U.S.C., by
creating the position of Under Secretary for Veterans Economic
Opportunity and Transition to oversee all VEOTA programs and
operations. This Section would complement Section 201 of this
bill by creating this Under Secretary position to put the new
VEOTA on par with other administrations within VA.
Under this Section, the new Under Secretary would be
appointed by the President with the advice and consent of the
Senate. The Section would also require that the Under Secretary
have a demonstrated ability in the use of information
technology (IT) and administration of programs similar to those
in the new VEOTA. The Section would also require that when
there is a vacancy for this position, the Secretary would be
required to convene a commission to recommend individuals to
the President for appointment, and that the commission consist
of individuals who represent a cross section of the programs
administered by the VEOTA. While the President is not bound to
appoint any individuals recommended by the commission, the
Committee would expect that the commission's recommendations be
seriously considered during the appointment process. Finally,
the Committee would also expect the commission to recommend
individuals who have private sector experience in running
programs similar to those under VEOTA.
Section 203--Transfer of Department of Labor Veterans programs to
Department of Veterans Affairs
The Committee believes that one of the most important
missions of the federal government is to help returning
servicemembers and veterans find and maintain meaningful and
gainful employment. Many problems and negative life experiences
that veterans may experience can be mitigated, or avoided all
together, by having well-paying jobs that adequately provide
for them and their families. The Committee believes that is why
the programs administered by VETS are so critically important
to veterans' success. The Department of Labor (DoL) should be
ensuring that the employment programs it administers for
veterans under chapters 21, 41, 42, and 43 of title 38, U.S.C.,
are the crown jewels of their employment programs. The most
important of these programs is the Jobs for Veterans State
Grant (JVSG) program, which provides grants to states to fund
job placement and employment counselors called Disabled Veteran
Outreach Program Specialists (DVOPS) and Local Veteran
Employment Representatives (LVERs). These counselors are the
front line state government employees tasked with employment
training and job placement for disabled and non-disabled
veterans. Unfortunately, it has become clear to the Committee,
and many others, that programs administered by VETS are lost in
myriad of other programs and priorities at DoL and that senior
DoL leaders, regardless of party, have consistently failed to
advocate for, and exercise effective oversight of VETS'
programs.
While the Committee will admit that services have minimally
improved over the years, since 1997, there have been more than
16 reports conducted by the GAO or other entities that have
consistently shown that VETS has been unable to provide
adequate oversight over the JVSG program and failed to
implement adequate performance metrics to determine the quality
of services provided to veterans seeking employment.
Additionally, despite legislative attempts to improve
cooperation and coordination with VA employment and training
programs, there is still little evidence of the desired synergy
between VA and VETS. The Committee believes this is largely due
to the normal bureaucratic inertia inherent in getting multiple
executive branch departments to coordinate programs.
Transferring VETS to VA would eliminate that obstacle to
improving performance of the Jobs for Veterans State Grant
Program.
The Committee's negative view of VETS' programs is shared
by numerous veteran service organizations. At a February 12,
2015, Subcommittee on Economic Opportunity oversight hearing on
VETS' FY 2016 budget and overall performance, several veteran
service organizations expressed displeasure with the current
performance of VETS and low priority that DoL places on
veterans' programs. The following quotes are from testimony by
veterans organizations provided to the Subcommittee at this
hearing:
``Each Secretary of Labor for the last thirty years,
including the current Secretary, could have used part
of the Secretary's contingency fund from what is now
known as the Workforce Investment Act (WIA) to drive
behavior in states and local areas that help veterans
by according incentive grants to those who do the best
job of actually placing veterans in real jobs. None
have done so, which renders their rhetoric even more
empty and hollow when they hold their by invitation
only ``Salute to All America Veterans'' in the Great
Hall or another venue in the Francis Perkins Building
(USDOL Headquarters) just before Veterans Day each
year. Security is always tight, lest any rank and file
veterans get in, and unemployed veterans need not
apply.''--Vietnam Veterans of America
``The American Legion has long supported DOL-VETS,
because we believe that when it comes to employment no
one has more expertise and experience. For our efforts,
we have been rewarded with ongoing program management
problems, a lack of accountability and oversight, an
agency too truculent to make sensible policy changes,
and a veterans' office within the agency that fails to
view Veteran Service Organizations as partners in the
work of improving federal employment services for
veterans. It has become painfully clear to us that the
agency with the monumental task of keeping America
gainfully employed is unable or unwilling to give the
requisite attention to veterans' employment issues that
we know our constituents deserve.''--The American
Legion
To finally address these concerns, Section 203 would
transfer all of the programs administered by VETS to the new
VEOTA. The Section would require that all unused appropriated
funds, proceedings, suits, administrative procedures, rules,
and regulations that are currently in place for VETS would not
change, but be transferred to VA. This Section would also
require that all of VETS' employees transfer to this new
administration at VA, and it would be the Committee's
expectation that this change would not be the cause of any
current career federal staff members losing their jobs. The
transfer would be effective on October 1, 2016. The Section
would also require that within 180 days of the transfer, VA and
DoL enter into a memorandum of understanding to include a
description of how VA would coordinate with DoL's Employment
and Training Agency (ETA) to ensure coordination of services
and performance metrics required by the Workforce Innovation
and Opportunity Act (P.L. 113-128, 128 Stat. 1425) once the
transfer of VETS is complete. The Committee believes that this
coordination with ETA is needed to ensure that the employment
programs that would become a part of VA do not duplicate
efforts and that they meet performance metrics of employment
programs overseen by ETA.
In addition to their criticism of VETS performance, the
move to VA has also been supported by a large number of veteran
service organizations including: The American Legion, Iraq and
Afghanistan Veterans of America (IAVA), The Veterans of Foreign
Wars of the United States, Paralyzed Veterans of America,
Vietnam Veterans of America, and Disabled American Veterans
(DAV). The following is a selection of quotes from testimony
provided by veteran service organizations at the Subcommittee
legislative hearing on this Section on June 2, 2015:
``The creation of a new VA administration that would
manage all these programs is a logical, responsible
step for Congress to take through this legislative
mandate. Plus, important to DAV, we believe
consolidation offers the potential to streamline and
enhance the prospects and training possibilities for
wounded, injured and ill wartime veterans, for them to
overcome employment obstacles, and open up opportunity
for them in their post-service lives. . . . Veterans
who truly sacrifice themselves in war need a hand up,
not a handout. Reforming this important function of
government that leads them to rewarding private
employment would provide them that hand.''--Disabled
American Veterans
``We believe that placing all veterans' employment
programs under a single authority will improve
congressional oversight and government efficiency. . .
. By aligning VETS programs with the veteran-centric
mission of VA, veterans will have easier access to
employment services.''--Veterans of Foreign Wars of the
United States
``Veterans we speak to have long reported overlapping
services have clouded options rather than clarified
them. GAO reports and feedback from our annual member
survey have indicated the performance of LVERs and
DVOPS under DoL VETS has been stagnant at best and not
shown the improvement needed to help veterans begin
careers. Ineffective oversight and the incongruent
placement of this service within a myriad of other
programs over at DoL has not proven to be a positive
fit.''--Iraq and Afghanistan Veterans of America
The Committee believes that this transfer would not only
provide a new level of oversight of employment programs that
are currently overseen by VETS, but it would also place these
programs under the new VEOTA with other veteran education and
training programs, which would result in increased
collaboration, reduced duplication, and improved opportunities
for veterans. The Committee understands that this transfer is a
major re-alignment of current services, so it does not propose
moving VETS to VA lightly. However, the Committee believes that
this re-alignment will result in fewer veterans using expensive
government assistance services which will ultimately lead to
better outcomes for veterans and in turn will help our economy
grow.
Section 204--Deputy Under Secretary for Veterans Affairs for Veterans
Employment, Training, and Transition
Section 204 would clarify that the new Deputy Under
Secretary for Veterans Employment, Training, and Transition
would be responsible for the programs that were previously
under the jurisdiction of the Assistant Secretary for Veterans
Employment and Training at DoL.
Section 205--Additional technical and conforming amendments
Section 205 would provide various technical and conforming
amendments to chapters 20, 41, 42, and 43 of title 38, U.S.C.,
to complete the transfer of VETS to VA and the creation of the
VEOTA.
Section 206--Use of Federal Directory of New Hires
Section 206 would authorize the new Under Secretary for
Veterans Economic Opportunity and Transition access to the
National Directory of New Hires. The Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193,
110 Stat. 2105) created the National Directory of New Hires
that was designed to use state employment and unemployment data
and Federal agencies' data to help state agencies track down
non-custodial parents who owe child support. Employers across
the country are required to notify the new hires directory when
they hire a new employee. This requirement makes this directory
the most up to date system for tracking employment in the
country. The Committee believes that allowing the Under
Secretary for the VEOTA to have access to this database would
greatly assist in tracking employment outcomes of veterans.
TITLE III--EDUCATION ASSISTANCE AND VOCATIONAL REHABILITATION
Section 301--Modification and improvement of transfer of unused
education benefits to family members under Department of
Veterans Affairs Post-9/11 Educational Assistance Program
Title V of the Supplemental Appropriations Act of 2008
(P.L. 110-252, 122 Stat. 2323, 2358 et seq.) created chapter 33
of title 38, U.S.C., which authorized the Post-9/11 G.I. Bill.
Section 3319 of title 38, U.S.C., authorized eligible
servicemembers to transfer unused education benefits under the
Post-99/11 G.I. Bill to family members. Section 3319 requires
that the servicemember must make an election to transfer unused
benefits to a dependent only while they are still on active
duty. In order to be eligible to transfer this benefit, the
servicemember must have already served six years on active duty
and agreed to serve an additional four years of active duty.
This provision was added to the Post-9/11 G.I. Bill as a
retention incentive.\2\
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\2\See ``Welcome to the Air Force's Post-9/11 GI Bill webpage''
accessed at http://www.afpc.af.mil/library/gibill/.
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Subtitle H of the National Defense Authorization Act for
Fiscal Year 2013\3\ established the Military Compensation and
Retirement Modernization Commission (MCRMC). The commissioners
were appointed by both Congress and the President on a
bipartisan basis and represent years of experience in military
and veterans policy. The primary mission of the MCRMC was to
realign the pay and benefits for servicemembers and veterans to
maintain a professional all-volunteer force, during war time
and peacetime.\4\
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\3\P.L. 112-239, 126 Stat. 1632.
\4\http://mldc.whs.mil/faq.
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The final report with the MCRMC's recommendations was
submitted to Congress in January 2015 and was the culmination
of the MCRMC's work, which included numerous studies and
surveys of servicemembers regarding pay and benefits. The MCRMC
recommended that the eligibility for transferability of Post-9/
11 G.I. Bill benefits should be adjusted to require
servicemembers to serve ten years and sign up for an additional
two years. The MCRMC recommended this to improve retention and
the use of the education benefits by servicemembers. The MCRMC
found:
The average DoD continuation rate from 1980 to 2010 for
a servicemember at 6 years of service [YOS] is 35.3
percent while the average continuation rate for a
servicemember at 10 YOS in 19.3 percent. Offering
transferability at 10 YOS instead of 6 would enable the
services to increase retention at this critical point
in a military career.\5\
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\5\Final Report of the Military Compensation and Retirement
Modernization Commission. Page 169. http://mldc.whs.mil/public/docs/
report/MCRMC-FinalReport-29JAN15-HI.pdf.
The MCRMC also recommended that the housing and living
stipend provided to spouses and children who were using
transferred Post-9/11 G.I. Bill benefits be eliminated. This
recommendation was based on that the fact that in many cases,
the living stipend was significantly higher than the cost of
room and board at most schools. The MCRMC's final report
---------------------------------------------------------------------------
stated:
The Post-9/11 G.I. Bill housing stipend often exceeds
the actual housing costs of dependent beneficiaries.
For example, in academic year 2013-2014, New School
University in New York reportedly had the highest
estimated room and board cost in the country at
$18,490. The BAH [Basic Allowance for Housing] per
month for an E5 with dependents in New York City in
2013 was $3,258, and for 2014 it was $3,744. Assuming a
9-month academic year, a student using Post-9/11 G.I.
Bill benefits at New School for 2013-2014 would receive
$31,752, which is $13,262 more than the estimated cost
of room and board. Northwestern Oklahoma State
University in Alva, OK reportedly had the lowest
estimated room and board cost in the United States in
academic year 2013-2014, at $3,900. Using the same
assumptions, a student using Post-9/11 G.I. Bill
benefits would receive $8,658 in BAH, $4,758 more than
the estimated cost of room and board.\6\
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\6\Final Report of the Military Compensation and Retirement
Modernization Commission. Page 167 and 168. http://mldc.whs.mil/public/
docs/report/MCRMC-FinalReport-29JAN15-HI.pdf.
Section 301, would implement the MCRMC's recommendations on
transferability with minor modifications. The Committee agrees
that the change in eligibility requirements for transferability
benefits is necessary to improve retention, and Section 301
would amend section 3319 of title 38, U.S.C., to implement the
MCRMC's recommendations. While the MCRMC recommended that the
Committee eliminate all living stipend benefits for transferees
of Post-
9/11 G.I. Bill benefits, the Committee believes this would be a
step too far for spouses who have also made sacrifices for the
nation in their support of their spouse's service. While the
Committee agrees that a full elimination in the living stipend
for servicemember's children is justifiable, Section 301 would
only reduce the living stipend benefits for children by half.
These amendments would take effect for elections to transfer
benefits made 180 days following enactment of this bill.
Section 302--Clarification of eligibility for the Marine Gunnery
Sergeant John David Fry Scholarship
Section 3311 of title 38, U.S.C., establishes the Marine
Gunnery Sergeant John David Fry Scholarship, (Fry Scholarship),
which provides Post-9/11 G.I. Bill benefits to the children and
surviving spouses of servicemembers who die in the line of duty
while on active duty after September 10, 2001. The original Fry
Scholarship authorized by chapter 33 of title 38, U.S.C., only
provided Post-
9/11 G.I. Bill benefits to eligible children. Prior to the
Choice Act, surviving spouses were only eligible to receive
education assistance under chapter 35 of title 38, U.S.C.
Section 701 of the Choice Act extended these same benefits to
spouses of servicemembers who die in the line of duty. Eligible
beneficiaries may receive up to 36 months of Post-9/11 G.I.
Bill benefits at the 100 percent level. Under current law,
eligible surviving spouses may use such assistance until they
remarry or until 15 years after their military spouse's death,
whichever occurs sooner.
After the Choice Act was signed into law, the Committee
heard concerns from many veterans' organizations, most notably
from the Gold Star Wives of America and the Tragedy Assistance
Program for Survivors, regarding the amount of time, or lack
thereof, which many surviving spouses had left to use this
benefit. Due to the 15 year delimitating date, surviving
spouses whose military spouse died in the line of duty between
September 11, 2001 and January 1, 2006, would not have enough
time to use 100 percent of the benefit. It was the Committee's
intention when expanding this benefit to surviving spouses in
the Choice Act to allow all eligible surviving spouses to
receive 100 percent of the benefit.
Section 302(a), therefore, would amend the Choice Act and
deem that, for purposes of this benefit, any member of the
Armed Forces who died between September 11, 2001 and December
31, 2005, effectively died on January 1, 2006. This would
ensure that all eligible surviving spouses are able to receive
100 percent of the Fry Scholarship.
Due to the delimitating date included in the Choice Act,
many surviving spouses whose spouses died between September 11,
2001 and December 31, 2005, may have made an irrevocable
decision to receive education benefits through chapter 35 of
title 38, U.S.C., so that they could have more time to use
their benefits. Currently, if they have chosen to use chapter
35 education benefits in lieu of the Fry Scholarship, that
decision is irrevocable. Due to the expansion of eligible time
to use the Fry Scholarship in this Act, the Committee believes
it is important to allow these surviving spouses to revoke
their prior election to use chapter 35 education benefits
instead of the Fry Scholarship. Section 302(b), therefore,
would allow a surviving spouse of a servicemember who died
between September 11, 2001 and December 31, 2005, to revoke
their election to receive educational benefits under chapter 35
instead of the Fry Scholarship.
The Post-9/11 G.I. Bill will cover a large amount of school
costs, but many private schools cost an additional amount than
what is provided in statute, and in cases where a veteran is
not eligible for the in-state tuition rate, the cost to attend
public school can exceed what is allowable by law. Section 3317
of title 38, U.S.C., authorizes the Yellow Ribbon program,
which assists with these additional costs and authorizes VA to
enter into agreements with private and public schools to pay a
dollar-for-dollar matching grant to cover the additional
tuition costs beyond what is provided in the tuition and fee
cap for the Post-9/11 G.I. Bill in section 3313(c) of title 38,
U.S.C. Under current law, individuals using the Fry Scholarship
are not also eligible to use the Yellow Ribbon program to pay
for the rest of their tuition amount beyond what is provided in
the
Post-9/11 G.I. Bill. The Committee believes that it was not
the intention of Congress to limit the Fry Scholarship to
exclude children and spouses of servicemembers who have died in
the line of duty from being able to utilize the Yellow Ribbon
program. Section 302(d), therefore, would amend section 3317(a)
of title 38, U.S.C., to allow individuals eligible for the Fry
Scholarship to also be eligible to use the Yellow Ribbon
Program while they attend school.
Section 303--Approval of courses of education and training for purposes
of the Vocational Rehabilitation Program of the Department of
Veterans Affairs
Chapter 31 of title 38, U.S.C., sets up the parameters for
disabled veterans to receive services through VA's VR&E
service. Through this program, eligible veterans and
servicemembers receive personalized rehabilitation plans that
help prepare them for employment or, in the case of severely
disabled veterans, maximum daily independent living. Through
this program, veterans and servicemembers are eligible for
educational, vocational, psychological, employment and personal
readjustment counseling. According to VA's Annual Benefits
Report for FY 2013, over 90 percent of VR&E participants choose
a formal post-secondary education or training program option
including non-accredited and G.I. Bill approved training
programs.\7\
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\7\VBA Annual Benefits Report for FY2013. Page 7. http://
www.benefits.va.gov/REPORTS/abr/ABR-VocRehab-FY13-09262014.pdf
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While the Committee understands the need for flexibility
when creating rehabilitation plans that best fit the needs of
an individual veteran, it would be appropriate for VR&E
counselors to ensure, wherever possible, that the program of
education is approved for G.I. Bill benefits. These programs
undergo a thorough review by VA or State Approving Agencies
(SAAs) and are required to meet a selection of rigorous
criteria for approval. This process protects veterans and
taxpayers alike from unscrupulous actors. Therefore, Section
303 would amend section 3105(b) of title 38, U.S.C., to require
that, to the maximum extent possible, a course of education or
training pursued through the VR&E program must be approved for
benefits under chapters 30 or 33 of title 38, U.S.C. Under this
Section, the Secretary would have waiver authority for this
provision and current classes that are approved for VR&E
benefits, but G.I. Bill benefits would not be impacted until
one year following enactment.
Section 304--Authority to prioritize Vocational Rehabilitation Services
based on need
As more and more veterans become eligible for VR&E
services, based on the increased number of pending claims for
disability compensation, the Committee remains concerned about
the growing VR&E counselor-to-participant ratio. In FY 2013, VA
provided VR&E services to 123,383 veterans, and they have
estimated this number will increase by over 14,000 in FY 2016.
As the number of veterans receiving services has increased, the
number of VR&E counselors has remained relatively flat. This
means the caseload for each counselor has increased
significantly, which translates into reduced services for
veterans. As the Secretary has not made the investment in
providing more counselors to reduce the counselor ratio, the
Committee is concerned the severely disabled or high risk
veterans are not being provided VR&E services in a timely
fashion. Therefore, Section 304 would authorize the Secretary
to prioritize VR&E services based on need. Under this Section,
the Secretary would be required to consider the following
factors when prioritizing VR&E services: disability rating,
severity of the employment handicap, qualification for a
program of independent living, income, and other factors as the
Secretary deems appropriate.
The Committee recognizes that the Secretary already has the
authority to prioritize the adjudication of certain
compensation and pension claims and believes that claims for
VR&E services should be treated no differently. The Committee
would expect that if this authority were utilized, the
Secretary would exercise caution to provide VR&E services to
all eligible veterans in a timely fashion regardless of the
prioritization.
Section 305--Re-codification and improvement of election process for
Post-9/11 Educational Assistance Program
Section 5003(c) of the Post-9/11 G.I. Bill delineates the
circumstances under which veterans and servicemembers with
remaining eligibility for other education programs administered
by VA can be converted to the Post-9/11 G.I. Bill. Section
5003(c) also mandates that any such conversion is irrevocable.
During a January 2013 site visit to the Atlanta VA Regional
Processing Office, Committee staff asked VA staff what steps or
processes could be changed to reduce processing times for Post-
9/11 G.I. Bill claims. VA staff informed Committee staff that
one step in the adjudication of G.I. Bill claims concerns
veterans' irrevocable decision to convert their remaining
months of eligibility for other G.I. Bill programs to the Post-
9/11 G.I. Bill. They stated that many veterans make obvious
errors in choosing a program to which they are not entitled or
other errors which require manual processing of the claim. When
this happens, VA then notifies the veteran, normally in
writing, of the discrepancy and must wait for the veteran to
contact VA and make the appropriate switch to their irrevocable
election in order for their Post-9/11 G.I. Bill claim to be
processed. VA staff believes these steps add unnecessary time
and result in processing delays. This process was later
confirmed again to Committee staff at a site visit to the St.
Louis VA Regional Processing Office in April 2014.
Therefore, Section 305 would authorize VA to make an
alternative election for the beneficiary for a different
education benefit. VA would only be authorized to make such an
election if it believes it is clearly in the best interest of
the veteran. VA would be required to notify veterans of this
alternative election within seven days and allow the veteran to
change such election within 30 days. The Committee believes
this is an important step to reduce processing times for this
benefit while still balancing individual choice. This Section
would also re-codify section 500(c) of the Post-9/11 G.I. Bill
into section 3326 of title 38, U.S.C.
Section 306--Clarification of assistance provided for certain flight
training and other programs of education
Section 102 of the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010\8\ modified the Post-9/11
G.I. Bill, so that students attending a public institution of
higher learning under the Post-9/11 G.I. Bill are eligible to
receive the total net cost of in-state tuition and fees after
the application of any waiver of tuition and fees and any
scholarship, or other Federal, State, institutional, or
employer-based aid or assistance. If a student is attending a
non-public institution of higher learning, he/she is eligible
for the lesser of the actual net cost for tuition and fees
after the application of any waiver or scholarships or $20,235.
This cap is also subject to an annual Cost-of-Living-Adjustment
increase. This was a change from the original Post-9/11 G.I.
Bill that set the cap on tuition and fees at up to the highest
in-state tuition rate in a state regardless whether the student
was attending a public or non-public institution of higher
learning.
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\8\P.L. 111-377, 124 Stat. 4106.
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At the Subcommittee on Economic Opportunity oversight
hearing on November 11, 2014, entitled, ``The Role of State
Approving Agencies in Ensuring Quality Education Programs for
Veterans,'' the National Association of State Approving
Agencies (NASAA) testified that they were concerned that
changes made to the Post 9/11 G.I. Bill were encouraging some
public institutions to contract with third party flight schools
for expensive flight or helicopter training. Since these
private flight schools are now under the umbrella of public
schools, there was no limit to what they could charge for
tuition and fees since the statute only requires that schools
charge the in-state tuition rate.
As part of its legislative package presented to the
Subcommittee at this hearing, NASAA recommended that the
Subcommittee try to rein in this extravagant spending and place
a cap on flight training at public institutions. This same
sentiment was echoed at this hearing by VA and witnesses
representing several leading veteran service organizations. In
its written statement, VA expressed concern that many of these
schools were using P.L. 111-377 to get around the current cap
on vocational flight training, stating:
There has been a significant increase in flight
training centers, specifically those that offer
helicopter training, which have contracted with public
IHLs to offer flight-related degrees. Sometimes these
programs charge higher prices than those that would be
charged if the student had chosen to attend the
vocational flight school for the same training. This
practice allows the flight schools to receive payments
above the academic year tuition and fee cap imposed by
statute, which is currently $11,562.86. If those same
classes are included in a public IHL degree program, VA
can pay up to 100 percent of the in-state tuition and
fee charges. This does not appear to be consistent with
the intent of Congress as it relates to flight
programs.
VA also included a legislative proposal in its FY 2016
budget submission to place the same cap on flight training as
is currently in place for private, non-profit, and for-profit
institutions. As a result of the proposal from VA, as well as
concerns expressed by NASAA and veterans groups, Section 306
would place a cap on flight training for tuition and fee
payments at public schools at $20,235, the same cap that is in
place for all private for-profit and non-profit institutions;
this cap would also be subject to the cost of living
adjustment. This Section would also prohibit students from
taking flight training at a public institution as an elective
course and would grandfather students currently in flight
training programs for two years following enactment. The
Committee believes this grandfather clause is important to
cover current students who enrolled in these programs with the
understanding that their tuition and fees would be completely
paid for under the Post-9/11 G.I. Bill. The Section also
subjects all programs that are contracted out by a public
school to a third party to this same cap.
The Committee does not propose this cap lightly and
understands that this would change the way that flight schools
are paid for through the Post-9/11 G.I. Bill. The Committee,
however, is concerned that the sharp growth in these programs
and the uncontrollable increase in the cost of flight training
following the enactment of P.L. 111-377 shows that there have
been some unscrupulous actors who have found this loophole in
the law and exploited it.
As confirmation of this exploration, data provided by VA to
the Committee, between FY 2013 and FY 2014, the number of
students taking flight training increased by only 171 students,
or 9 percent, yet the total cost to taxpayers for this program
grew by $37 million, or 87 percent, during this same period.
This data also showed that in one case in FY 2014, VA paid over
$534,000 in tuition and flight payments for one student that
year. In a story in The Los Angeles Times on March 15, 2015
entitled, ``U.S. Taxpayers Stuck with the Tab as Helicopter
Flight Schools Exploit GI Bill Loophole,'' the owner of one of
these schools essentially admitted to exploiting the loophole
by stating, ``Because there was no cap, we started to one-up
each other . . . You kind of end up with an arms race.''\9\ The
Committee believes that paying these unrestrained costs was
never the intent of the Post-9/11 G.I. Bill; therefore Section
306 would close this loophole and responsibly end this practice
to protect both taxpayers and veterans alike, and also to
protect the G.I. Bill for future generations of veterans.
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\9\http://www.latimes.com/nation/la-me-adv-gibill-20150315-
story.html#page=1.
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Section 307--Consideration of certain time spent receiving medical care
from the Secretary of Defense as active duty for purposes of
eligibility for Post-9/11 educational assistance
Guardsmen and Reservists who deploy on active duty are no
less vulnerable to injury in combat than full time active duty
servicemembers. Under current law, Guardsmen and Reservists
wounded in combat receive orders under section 12301(h) of
title 10, U.S.C., to serve time for medical and recovery
purposes upon their return from deployment. However, federal
law does not recognize such orders as creditable for Post-
9/11 G.I. Bill education assistance, meaning that while these
Guardsmen and Reservists are on orders under section 12301(h)
of title 10, U.S.C., and receiving medical treatment, they do
not accrue any time towards their Post-9/11 G.I. Bill
eligibility. Under this scenario, a Guardsman or Reservist who
serves on active duty but was never injured could accrue more
Post-9/11 G.I. Bill benefits than one who is still active duty
but recovering from injuries sustained in combat.
Section 307 would end this unequal treatment and ensure
that Guardsmen and Reservists are able to accrue eligibility
for Post-
9/11 G.I. Bill benefits while on orders under section 12301(h)
of title 10, U.S.C. The Committee believes this policy would
fairly reflect the time that Guardsmen and Reservists spend
serving our nation for the purposes of their education
assistance benefits.
Section 308--Work study allowance
VA's work-study program allows certain veterans and
dependents enrolled in school through a VA educational program
to perform a certain number of hours of work in exchange for
compensation through VA's work study program. Eligible
individuals are able to work for up to 25 hours times the
number of weeks contained in an enrollment period. Participants
receive the greater of the State's minimum wage rate or the
national minimum wage rate under section 6(a) of the Fair Labor
Standards Act of 1938 (section 206(a) of title 29, U.S.C.).
Eligible work-study activities were expanded to the following
positions: (1) VA outreach services programs or outreach
services to servicemembers and veterans furnished by employees
of a SAA; (2) Hospital and domiciliary care and medical
treatment at VA facilities, and care to veterans in a state
home; and (3) Activities relating to the administration of a
national cemetery or a state veterans' cemetery.
The legal authority for these expanded work study programs
expired on June 1, 2013, however the Committee and veterans
service organizations believe that the reauthorization of these
work study options would be beneficial to veterans or their
dependents as they pursue a college degree. At a June 2, 2015,
Subcommittee on Economic Opportunity legislative hearing, Mr.
Steve Gonzalez with The American Legion testified on this
language, stating:
This program provides a valuable benefit to student-
veterans and that benefit is often multiplied many
times over when, for example, veterans are allowed to
perform outreach services to service members and
veterans furnished under the supervision of a State
approving agency employee. This is just one instance of
the important work that is accomplished by these
student-veterans.
This program gives veterans and dependents an alternative
means to supplement their income as they attend an institution
of higher learning. In recent years, the average student has
been leaving college with an average debt of $24,000 to cover
all college expenses, but this program would help veterans
mitigate this debt while also getting work experience as they
attend school. Section 308, therefore, would amend section
3485(a)(4) of title 38, U.S.C., by striking the expiration date
of June 30, 2013, and inserting the expiration date of June 30,
2021.
Section 309--Vocational Rehabilitation and Education Action Plan
The VR&E program provides job training and related services
for veterans with service-connected disabilities who experience
barriers to employment. A 2014 GAO report, entitled ``VA
Vocational Rehabilitation & Employment: Further Performance and
Workload Management Improvements are Needed,'' included several
recommendations to improve the program and assist more veterans
in a timely manner. The report found that caseloads were too
high for each VR&E counselor, something the Committee has been
concerned about for several years. The President's FY 2016
budget once again flat lined the amount of funding for VR&E
counselors, despite the increasing numbers of veterans entering
the program. The report also found that approximately only half
of the almost 17,000 veterans who entered the VR&E program in
FY 2003 and received employment-related services were placed in
suitable jobs and that the current program does not adequately
address the unique challenges of service-connected disabled
veterans suffering from Traumatic Brain Injury (TBI) or PTSD.
The Committee believes that the VR&E program is important
in the process of getting disabled veterans into meaningful and
sustainable jobs following active duty, but VR&E staff cannot
meet the growing demand for services in a timely manner. The
Committee believes that a thorough examination of the program
and ways to improve the program is important to the success of
the disabled veterans the program serves. At a June 2, 2015,
Subcommittee on Economic Opportunity legislative hearing, Mr.
Christopher Neiweem with the IAVA testified on this language,
stating:
Without a fundamental understanding of the conditions a
veteran is facing, a counselor will not be positioned
to identify how to help the veteran secure a job and
begin a rewarding career. This legislation would
improve a program that has been too often regarded as
mediocre due to organizational factors as it relates to
the veteran-counselor relationship.
The Committee and veteran groups believe that the VR&E
program does need to be improved to properly serve disabled
veterans and rehabilitate them in a more impactful and timely
manner. Section 309, therefore, would require VA, within 270
days of enactment, to develop and publish an action plan for
improving VR&E services. Such an action plan would include each
of the following: (1) a comprehensive analysis and
recommendations to remedy workload management challenges at the
regional office level, including steps to reduce counselor
caseloads, particularly for counselors assisting veterans with
TBI and PTSD, and counselors with educational and vocational
counseling workloads; (2) an analysis of why veterans with
service-connected disabilities tend to opt to use Post-9/11
G.I. Bill benefits rather than enroll in chapter 31 vocational
rehabilitation programs, including an analysis of barriers to
timely enrollment in chapter 31 programs and barriers to a
veteran enrolling in the program of the veteran's choice; (3)
recommendations and an implementation plan to encourage more
Post-9/11 veterans with service-connected disabilities to
participate in chapter 31 vocational rehabilitation programs;
and (4) a national staff training program for vocational
rehabilitation counselors.
The Committee believes that beyond VA creating an action
plan to improve the program, additional VR&E counselors do need
to be hired and that there needs to be a priority of services
given to the most disabled veterans. A thorough examination of
the program, however, is also necessary and an action plan
created by VA to improve the program is also needed.
Section 310--Reduction in redundancy and inefficiencies in vocational
rehabilitation claims processing
As VA continues to reduce its reliance on paper based
systems, one of the last benefit programs to go paperless has
been the VR&E program. VR&E counselors provide personalized
vocational rehabilitation plans and most of their notes,
tracking of payments, and outcome measures remain in the
veterans paper based file or non-centralized IT systems. While
some information is provided to VA's Central Office, most of
the work and information on the veteran stays in the paper file
and antiquated IT systems.
The Committee believes that VA must move all of its
payments to a corporate database to better track success and
payments to veterans and to impose overall transparency of VA's
financial status. Section 310, therefore, would state that in
an effort to reduce redundancies and inefficiencies that all
payments through VA's VR&E program use one corporate database
and ensure that any IT system that helps track such payments
support a more accurate accounting of outcomes for veterans.
The Section would authorize $10,000,000 in FY 2016 to
accomplish this goal, and would require VA to provide a report
to Congress within 180 days following enactment on VA's efforts
to better align payments through VR&E.
TITLE IV--ADMINISTRATION OF EDUCATIONAL ASSISTANCE
Section 401--Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational institutions
Chapter 36 of title 38, U.S.C., describes the process by
which VA approves courses of instruction at institutions of
higher learning (IHLs), and how schools certify the enrollment
of veterans, which is necessary prior to any use of VA
educational assistance benefits for veterans, dependents, and
survivors. Schools are currently required to submit enrollments
separately, even if an individual school is one of a number of
schools sharing a common registration system. Requiring each
school to submit enrollments separately, however, is highly
inefficient for both the schools and VA, and the Committee
believes that consolidating such processes among schools with
common registration systems would lead to a more cost-efficient
process.
To streamline the process and reduce those inefficiencies,
Section 401 would amend section 3684(a) of title 38, U.S.C., to
authorize IHLs that belong to a consortium of institutions
governed by a common body with common administrative practices
to submit enrollments in a consolidated fashion.
Section 402--Provision of information regarding veteran entitlement to
educational assistance
One of the most common concerns that the Committee receives
from School Certifying Officials (SCOs) at G.I. Bill eligible
schools, is that VA's current IT system does not allow them to
view a student veteran's remaining G.I. Bill entitlement. This
flaw in VA's system makes it difficult for a SCO to quickly and
properly advise a student veteran on which educational programs
they are eligible to receive. At a Subcommittee on Economic
Opportunity legislative hearing on March 24, 2015, the National
Association of Veteran Program Administrators (NAVPA) expressed
support for this provision in submitted testimony by stating:
With today's veterans often changing between schools or
needing to enroll in programs close to enrollment
deadlines the ability to see what GI Bill entitlements
a student had remaining would be beneficial to the
student and the College/University that they are
wanting to attend.
Section 402 would address this issue and would require that
VA provide access to IT systems that would allow SCOs to view a
student veteran's eligibility for educational assistance under
title 38, U.S.C.
Section 403--Role of state approving agencies
The Post-9/11 Veterans Educational Assistance Improvements
Act of 2010 (P.L. 111-377, 124 Stat. 4106) made several changes
to what had been the traditional role of the SAAs in approving
courses and schools for G.I. Bill benefits. Specifically,
section 203 amended section 3672 of title 38, U.S.C., and made
several types of educational institutions ``deemed approved''
for G.I. Bill benefits. VA currently makes the determination if
a school meets this standard. This change was meant as a way to
reduce the number of site visits the SAAs had to conduct at
IHLs, i.e. most well established public institutions, which
normally provide quality courses to students. While the
Committee believes there is merit to limiting unnecessary
visits, it is important for the SAAs, along with the VA to make
the determination if a school meets the basic criteria for
being ``deemed approved'' for G.I. Bill benefits.
Section 403 would provide SAAs with this approval authority
and would also amend section 3675 of title 38, U.S.C., to make
the same approval authority apply to accredited non-degree
programs at public and private IHLs that are not currently
covered by section 3672 of title 38, U.S.C., while maintaining
all previous approval criteria for private, for-profit schools.
The Committee believes these changes are necessary, because
both the SAAs and VA expressed concern in testimony at the
Subcommittee on Economic Opportunity's legislative hearing on
March 24, 2015, that too many schools were creating
certifications and transition courses that may not meet quality
standards but are ``deemed approved'' because they have been
created by a school that has been ``deemed approved.''
Section 404--Criteria used to approve courses
Section 3676(c)(14) of title 38, U.S.C., authorizes the
SAAs to set their own ``reasonable criteria'' for approving
non-accredited courses. Traditionally, these types of criteria
have been minimal in nature and have been applied equally to
all schools. In 2014, one State passed a law that set up new
standards for schools to be eligible for G.I. Bill benefits
based on graduation rates and cohort student loan default
rates. The new law only applied these standards to private,
for-profit institutions and specifically exempted community
colleges and public IHLs from these criteria.
While the Committee supports a State's right to set up its
own ``reasonable criteria,'' it remains concerned that such
criteria must remain equitable for all types of schools.
Therefore, Section 404 would require that any ``reasonable
criteria'' instituted by the states, apply equitably to all
schools in the State and give VA the authority to disapprove
any ``reasonable criteria.'' This standard would apply to any
new criteria for accredited and non-accredited courses that
were created by the states after January 1, 2013. The Committee
included this date, so that VA and the SAAs did not have to
review all state-instituted ``reasonable criteria'' that has
been created dating as far back as the origination of section
3676.
Section 405--Compliance surveys
Section 3693 of title 38, U.S.C., requires that VA, or the
SAAs acting on VA's behalf, conduct annual compliance surveys
at any institution that offers any type of non-degree program
as well as every facility that has at least 300 G.I. Bill
recipients. The compliance surveys are meant as an audit of
these institutions' paperwork, tuition, and fees payments;
however, while helpful for schools, these audits do not examine
the quality of education being provided by the school.
Representatives for VA made the following statement as part of
their written submission on H.R. 476 at the March 25th, 2015
legislative hearing before the Subcommittee on Economic
Opportunity:
Currently, there are approximately 16,000 approved
domestic and international IHLs and non-college degree
(NCD) institutions. Of the 16,000 institutions, there
were 11,260 active institutions in calendar year 2013.
During FY 2013 and FY 2014, VA and SAAs completed well
over 10,000 surveys, with just over 5,000 surveys
completed in FY 2014. VA anticipates completing a
similar number of reviews in 2015.
Based on these numbers and their own experiences, VA and
the SAAs have supported making adjustments to the legislative
requirements for compliance surveys. As such, Section 405 is
based on the legislative proposal submitted by the SAAs and
would require that compliance surveys be conducted at least
once every two years at G.I. Bill eligible facilities with at
least 20 G.I. Bill recipients. This Section would also require
VA and the SAAs to work together each year to identify which
schools will receive a compliance survey and the parameters for
such a visit. The Committee agrees with VA and the SAAs that
the compliance surveys are an important tool to ensure that
G.I. Bill monies have been spent appropriately, but that the
current process needs to be tweaked to allow VA and the SAAs to
focus on approvals, training of school certifying officials,
and providing technical assistance to schools.
Section 406--Survey of individuals using their entitlement to
educational assistance under the educational assistance
programs administered by the Secretary of Veterans Affairs
A major issue that continues to impact veterans' education
policy is the lack of information on outcomes of G.I. Bill
participants. This goes beyond performance and outcomes
measures, but includes the need for basic demographic
information on students, how students choose their school, what
improvements students believe need to be made to the G.I. Bill
program, and other information. Section 406 would address this
problem and would require VA to contract with a third party
entity to conduct a survey on all G.I. Bill participants. The
content of the survey would be required to be submitted to
Congress before the third party entity begins the survey
process. Students would be asked about basic demographic
information, their opinion of the Transition Assistance Program
(TAP), their view of the process for administering their
educational benefit, their employment status, and other
information. The Committee believes this survey would allow VA
and Congress to have a better understanding of a veteran's
experience and would better inform future oversight and
legislative proposals.
Section 407--Improvement of information technology of the Veterans
Benefit Administration of the Department of Veterans Affairs
When VA began implementing the Post-9/11 G.I. Bill in 2009,
there were considerable processing delays due to an outdated IT
system that required VA to process many claims manually. As VA
found short-term workarounds, Congress approved funding for VA
to automate processing through a system called the ``Long Term
Solution'' (LTS). The goal of LTS was for most, if not all,
claims to be completed electronically without any human
intervention.
VA took years and expended millions of dollars to complete
six different releases of the LTS. At a March 24, 2015,
Subcommittee on Economic Opportunity legislative hearing, VA
stated that LTS activated the capability for end-to-end
automation of supplemental claims in September 2012. VA also
stated that currently over 80 percent of supplemental claims
are now completed without any human intervention; supplemental
claims are for current students who are simply re-certifying
that they are going to continue with their training or
education program. Furthermore, VA stated in their testimony
the following:
Currently, LTS is in a sustainment phase with only
minimal increases in functionality. Further development
would allow LTS to automate certificates of eligibility
and provide very fast service (possibly one day) for
some Veterans who apply for the Post-9/11 GI Bill, as
opposed to the current 16-day average processing time.
In addition, further development for supplemental
claims would allow LTS to produce increased
efficiencies in processing through additional
automation, while ensuring consistent and timely
service to Veterans.
Although the Committee concedes that VA has made progress
processing supplemental claims, LTS is now in sustainment mode,
and VA has told the Committee that there are no plans to
automate the processing of original or first time claims. The
President's budget for FY 2016 did not include any new funding
for LTS or additional staff to process original claims, and
predicted that it will take, on average, 28 days to complete
the processing of an original claim; this is the same amount of
time it took VA to process original claims in FY 2015. The
Committee is pleased that supplemental claims are being
adjudicated quickly, but remains concerned that there is no
plan to also fully automate original claims. This is a problem,
as timely housing allowance checks and tuition payments to
schools are critically important for Post-9/11 G.I. Bill
participants.
Section 407, therefore, would require the Secretary, to the
maximum extent possible, to complete all Post-9/11 G.I. Bill
benefit claims electronically using rules based processing with
little, to no, human intervention. Under this Section, VA would
be required to provide to the Committee a report on its plan to
implement new IT systems within 180 days of enactment. The
Section would also authorize $30 million to fund these system
improvements. At the legislative hearing on this bill, VA
agreed with the Committee that this Section is necessary to
improve accuracy and processing times for Post-9/11 G.I. Bill
claims.
Section 408--Technical amendment relating to in-state tuition rate for
individuals to whom entitlement is transferred under All
Volunteer Force Educational Assistance Program and Post-9/11
Educational Assistance
Section 702 of the Choice Act\10\ required that, for public
institutions of higher learning to remain eligible for VA
education benefits under the Montgomery G.I. Bill and the Post-
9/11 G.I. Bill, public institutions had to provide in-state
tuition to eligible veterans and dependents of veterans who had
transferred their benefits to their spouse or child prior to
leaving active duty. VA's interpretation of section 702,
however, did not treat dependents of current active duty
servicemembers as eligible for the in-state tuition rate. The
Committee believes it was never Congress' intent to exclude
these dependents, as most are still connected to the
servicemember and still subject to the transient nature of
military service, often making it difficult to meet strict in-
state tuition requirements in some states.
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\10\P.L. 113-146, 128 Stat. 1754.
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Section 408 would address this problem by making a
technical amendment to ensure eligible dependents of active
duty servicemembers are included in the in-state tuition
provision of the Choice Act. States and schools would have
until July 1, 2016, to comply with this change.
TITLE V--OTHER MATTERS
Section 501--Amount of loan guaranteed under Home Loan Program of
Department of Veterans Affairs
Under current law, VA's maximum loan guaranty amount is
calculated as a percentage of the Freddie Mac conforming loan
limitation determined by the Federal Home Loan Mortgage
Corporation Act\11\ which varies by location and zip code.
Since in most cases VA's guaranty must be at least 25 percent
of the loan, this means that VA's maximum loan guaranty amount
is effectively capped at the Freddie Mac limit. For many
veterans who are seeking to purchase a home in high cost areas,
the Freddie Mac limit is too low for VA's zero-down loan
program. This either forces the veteran not to use the VA
program, or pay the loan principal down.
---------------------------------------------------------------------------
\11\\12\U.S.C. 1454(a)(2)
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Section 501, therefore, would amend section 3703 of title
38, U.S.C., to eliminate the maximum loan guaranty amount under
the VA home loan program by eliminating the Freddie Mac cap for
VA home loans and would make the maximum guaranty amount 25
percent of the loan amount. The Committee is confident VA's
current strict underwriting standards and low foreclosure rates
will ensure that veterans still have the required good credit
and income to qualify for the loan, and that this change will
not result in a significant increased amount of foreclosures.
Section 502--Longitudinal study of job counseling, training, and
placement services for veterans
Outcomes of services provided by VETS are some of the most
difficult sets of data the Committee tracks. Despite the common
measures used to track all employment services provided to all
Americans by the DoL, there is little to no tracking relating
the job training and employment placement services provided by
DVOPS and LVERs and the veteran receiving these services
becoming employed. Since VETS has no plans to change outcome
measures to better identify the services they provide, Section
502 would authorize the new Under Secretary for VEOTA to enter
into a contract with a non-governmental entity to conduct a
five-year longitudinal study of veteran employment programs
under chapter 41 of title 38, U.S.C. The study would compare
the employment outcomes of veterans who have received
``intensive services'' under chapter 41, veterans who have not
received ``intensive services'' but did receive other services
authorized by chapter 41, and veterans who did not seek or
receive services under this chapter.
The study would be required to include the following
information on participants: (1) the average number of months
the participant spent on active duty; (2) disability ratings of
participants; (3) unemployment benefits received by
participants; (4) number of months the participants were
employed in the year covered by the report; (5) the average
annual starting and ending salary of participants who were
employed during the year covered by the report; (6) the average
income of participants; (7) the total household income of
participants; (8) the percentage of participants that own their
own residences; (9) in the case of participants who received
services under chapter 41, if the participant believes the
services helped them become employed; (10) in the case of
participants that believe the services did help them become
employed, if they retained their position of employment for one
year or longer and if they believe the services helped them
secure a higher wage; (11) the conditions under which the
participants were discharged or released from active duty; (12)
whether the participants have used any veteran educational
assistance provided by VA; (13) if the participants
participated in a rehabilitation program under chapter 31 of
title 38, U.S.C.; (14) demographic information on the
participants; and (15) any other information the Secretary
deems appropriate.
The Committee believes this study will be an invaluable
depiction of the benefits provided by DVOPS and LVERs and will
provide a roadmap of ways to improve training and job placement
services to veterans.
Section 503--Limitations on subcontracts under contracts with small
business concerns owned and controlled by veterans
Committee staff discussed with VA Office of Inspector
General (OIG) representatives what is needed to better
prosecute businesses that attempt to fraudulently pass
themselves off as veteran-owned small businesses in order to
take advantage of preferential set-asides as authorized by
section 8127 of title 38, U.S.C. Whereas the OIG has had
success in prosecuting these bad actors, it has noted to the
Committee that it is often hard to make a case for knowing and
willful falsification or concealment of material facts, which
is necessary to prove certain title 18, U.S.C., crimes. As
such, Section 503 would ensure that VA contractors would be
required to complete a certification that would notify the
business that they are subject to prosecution for violations of
section 8127 of title 38, U.S.C.
Another serious problem that interferes with veteran-owned
small businesses appropriately taking advantage of set-asides
is when businesses that are not veteran-owned, or that are not
small businesses, attempt to use a veteran-owned small business
as a pass-through to fraudulently receive those set asides.
Section 503 would also require relevant provisions of the Small
Business Act to apply, particularly those that prohibit pass-
throughs and to save set-asides for those businesses that are
actually qualified.
These provisions are intended to improve the availability
of set-asides for veteran-owned small businesses by holding
accountable those who attempt to defraud those businesses.
Further, to improve oversight, VA's Chief Acquisition Officer
would be required by Section 503 to report violations to the
OIG. Subsequently, the OIG would be required to provide related
information the House and Senate Committees on Veterans'
Affairs in annual reports.
Section 504--Procedures for provision of certain information to state
veterans agencies to facilitate the furnishing of assistance
and benefits to veterans
In the 113th Congress the Committee held a hearing
entitled, ``Honoring the Commitment: Overcoming the Barriers to
Quality Mental Health Care for Veterans.'' One of the goals of
that hearing was to address VA's progress in effectively
partnering with non-VA providers to address service gaps and
create a more patient-centric network of care focused on
wellness-based outcomes. During that hearing, Linda Spoonster
Schwartz, the then-Commissioner of Veterans' Affairs for the
State of Connecticut, testified that:
The task of serving veterans is a shared responsibility
with States and the Federal Government. . . . Too often
VA on the National and State level does not coordinate
or even communicate with the State Departments and
agencies tasked with caring and providing services for
our veterans. State-based programs are augmented by
thousands of private-sector, community volunteers and
faith based initiatives that attempt to help disabled
and injured service members and their families meet
housing, transportation, childcare, employment, mental
health and short-term financial aid. We are not lacking
in people wanting to help, we are lacing [sic] in a
coordinated effort, accountability and creative
approaches to solving problems in the local
communities. Just as all politics are local, the care
and welfare of each military member, veterans and their
families is not only a priority for State Governments,
there are local programs, services and resources that
have been developed to meet the needs of veterans where
they live and work. State Legislators are as vitally
engaged in the needs of veterans and also creating new
programs and services as are Members of Congress. A
true partnership of Federal and State resources can
only improve the opportunities for our veterans,
especially the troops returning today, and their
families.
The Committee concurs with Ms. Spoonster Schwartz's
sentiments and believes that VA must take steps to partner with
state veteran agencies to improve the provision of care and
support to veterans and their families.
Section 504 would direct VA to develop procedures to share
information that includes military service and separation data,
personal email addresses and telephone numbers, and mailing
addresses of veterans with state veterans agencies in
electronic format as a means of facilitating the furnishing of
assistance and benefits to such veterans, while allowing
veterans to elect to prevent their information from being
shared.
Hearings
On March 19, 2015, the Subcommittee on Oversight and
Investigations conducted a legislative hearing on various bills
introduced during the 114th Congress, including H.R. 1015,
which is included in H.R. 3016, as amended. The following
witnesses testified:
The Honorable Jeff Miller, U.S. House of
Representatives, 1st District, Florida; Ms. Meghan
Flanz, Director, Office of Accountability Review,
Department of Veterans Affairs; Dr. Michael Icardi,
National Director, Pathology and Laboratory Medicine
Services, Veterans Health Administration; Mr. Stanley
Lowe, Deputy Assistant Secretary for Information
Security and Chief Information Security Officer,
Department of Veteran Affairs; Mr. Dennis Milsten, CCM,
Associate Executive Director, Office of Operations,
Office of Construction and Facilities Management,
Department of Veterans Affairs; Ms. Diane Zumatto,
National Legislative Director, AMVETS; Mr. Frank
Wilton, Chief Executive Officer, American Association
of Tissue Banks; and Mr. Daimon Geopfert, National
Leader, Security and Privacy Consulting, McGladrey,
LLP.
A statement for the record was submitted by the
following: The American Legion.
On March 24, 2015, the Subcommittee on Economic Opportunity
conducted a legislative hearing on various bills introduced
during the 114th Congress, including H.R. 475; H.R. 476; H.R.
643; H.R. 1141; and H.R. 1187, all of which are included in
H.R. 3016, as amended. The following witnesses testified:
The Honorable Jeff Miller, U.S. House of
Representatives, 1st District, Florida; The Honorable
Patrick Murphy, U.S. House of Representatives, 18th
District, Florida; Mr. Aleks Morosky, Deputy Director,
National Legislative Service, Veterans of Foreign Wars
of the United States; Mr. Christopher Neiweem,
Legislative Associate, Iraq and Afghanistan Veterans of
America; Mr. Steve Gonzalez, Assistant Director,
National Veteran Employment & Education Division, The
American Legion; Dr. Joseph W. Wescott, President,
National Association of State Approving Agencies; Ms.
Teresa W. Gerton, Deputy Assistant Secretary, Veterans'
Employment and Training Service, U.S. Department of
Labor; and MG Robert M. Worley II USAF (Ret.),
Director, Education Service, Veterans Benefit
Administration, U.S. Department of Veterans Affairs who
was accompanied by Mr. Tom Leney, Executive Director,
Small and Veteran Business Programs, Ms. Kimberly
McLeod, Deputy Assistant General Counsel, and Mr. John
Brizzi, Deputy Assistant General Counsel; and
Statements for the Record were submitted by the
following: U.S. Department of Defense; School Advocates
for Veterans' Education and Success; Paralyzed Veterans
of America; Easter Seals, Inc.; and National
Association of Veterans' Program Administrators.
On June 2, 2015, the Subcommittee on Economic Opportunity
conducted a legislative hearing on various bills introduced
during the 114th Congress, including H.R. 356; H.R. 832; H.R.
2275; H.R. 2344; H.R. 2361; and a draft bill entitled ``To
amend title 38, United States Code, to make certain
modifications and improvements in the transfer of unused
educational assistance benefits under the Post-9/11 Educational
Assistance Program of the Department of Veterans Affairs, and
for other purposes,'' all of which are included in H.R. 3016,
as amended. The following witnesses testified:
The Honorable Jeff Miller, U.S. House of
Representatives, 1st District of Florida; The Honorable
Bill Flores, U.S. House of Representatives, 17th
District of Texas; The Honorable Paul Cook, U.S. House
of Representatives, 8th District of California; The
Honorable Sean Patrick Maloney, U.S. House of
Representatives, 18th District of New York; Mr. Paul R.
Varela, Assistant National Legislative Director,
Disabled American Veterans; Mr. Brendon Gehrke, Senior
Legislative Associate of the National Legislative
Service, Veterans of Foreign Wars of the United States;
Mr. Steve Gonzalez, Assistant Director of the Veterans
Employment and Education Division, The American Legion;
Mr. David Borer, General Counsel, American Federation
of Government Employees, AFL-CIO; Mr. Christopher
Neiweem, Legislative Associate, Iraq and Afghanistan
Veterans of America; Mr. Rick Weidman, Executive
Director of Government Affairs, Vietnam Veterans of
America; Mr. Curtis L. Coy, Deputy Under Secretary for
Economic Opportunity of the Veterans Benefits
Administration, U.S. Department of Veterans Affairs who
was accompanied by Ms. Cathy Mitrano, Deputy Assistant
Secretary for the Office of Resource Management of the
Human Resources and Administration, U.S. Department of
Veterans Affairs; Ms. Teresa W. Gerton, Acting
Assistant Secretary of the Veterans' Employment and
Training Service, U.S. Department of Labor; and Dr.
Susan S. Kelly, Director of the Transition to Veterans
Program Office at the Office of the Under Secretary of
Defense for Personnel and Readiness, U.S. Department of
Defense.
A statement for the record was submitted by the
following: Paralyzed Veterans of America.
On July 14, 2015, the Subcommittee on Health conducted a
legislative hearing on various bills introduced in the 114th
Congress, including H.R. 272; H.R. 359; H.R. 423; H.R. 1862;
and H.R. 3016, all of which are included in H.R. 3016, as
amended. The following witnesses testified:
Honorable Tim Walberg, U.S. House of Representatives,
7th Congressional District; Michigan; Honorable Sean
Duffy, U.S. House of Representatives, 7th Congressional
District, Wisconsin; Honorable Steve Stivers, U.S.
House of Representatives, 15th Congressional District,
Ohio; Honorable Kyrsten Sinema, U.S. House of
Representatives, 9th Congressional District, Arizona;
Honorable Doug Collins, U.S. House of Representatives,
9th Congressional District, Georgia; Honorable Mike
Coffman, U.S. House of Representatives, 6th
Congressional District , Colorado; Honorable Jeff
Denham, U.S. House of Representatives, 10th
Congressional District, California; Honorable Charles
Boustany, U.S. House of Representatives, 3rd
Congressional District, Louisiana; Honorable Brad
Wenstrup, U.S. House of Representatives, 2nd
Congressional District, Ohio; Ian de Planque,
Legislative Director American Legion; Adrian Atizado,
Assistant National Legislative Director, Disabled
American Veterans; Carlos Fuentes, Senior Legislative
Associate, National Legislative Service Veterans of
Foreign Wars of the United States; and, Madhulika
Agarwal MD, MPH, Deputy Under Secretary for Health for
Policy and Services, Veterans Health Administration
U.S. Department of Veterans Affairs, who was
accompanied by Janet P. Murphy MBA, Acting Deputy Under
Secretary for Health for Operations and Management,
Veterans Health Administration U.S. Department of
Veterans Affairs and Jessica Tanner, General Attorney
Office of General Counsel, U.S. Department of Veterans
Affairs.
Statements for the Record were submitted by: The
American Academy of Audiology and the American Speech-
Language Association; the Children of Vietnam Veterans
Health Alliance, the International Hearing Society;
Iraq and Afghanistan Veterans of America; the National
Medical Association; Paralyzed Veterans of America;
VetsFirst, a program of the United Spinal Association:
Vietnam Veterans of America; Warrior Canine Connection;
the American Academy of Ophthalmology; and, the
American Medical Association.
Subcommittee Consideration
On April 16, 2015, the Subcommittee on Economic Opportunity
met in open markup session, a quorum being present, and
favorably forwarded H.R. 475, as amended, and H.R. 476, as
amended, H.R. 643, H.R. 1141, and H.R. 1187 to the full
Committee. During consideration of the bills, the following
amendments were considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Mr. Wenstrup of Ohio, to remove a provision to extend
the deadline for the in-state tuition of the Choice
Act, and make technical and conforming changes that
were suggested by VA during the March 24, 2015,
Subcommittee on Economic Opportunity legislative
hearing; and
An amendment in the nature of a substitute offered by
Mr. Wenstrup of Ohio, which included a one-year
grandfather clause for the provision that places a
monetary cap on flight training through the Post-9/11
G.I. Bill, and minor changes that were suggested by VA
during the March 24, 2015 Subcommittee on Economic
Opportunity legislative hearing.
On June 25, 2015, the Subcommittee on Economic Opportunity
met in open markup session, a quorum being present, and a
motion to favorably forward H.R. 356, H.R. 832, H.R. 2275, H.R.
2344, and H.R. 2361 to the full Committee was adopted by voice
vote.
On July 22, 2015, the Subcommittee on Health met in open
markup session, a quorum being present, and a motion to
favorably forwarded H.R. 272, H.R. 359, H.R. 423, H.R. 1862,
and H.R. 3016 to the full Committee was adopted by voice vote.
Committee Consideration
On September 17, 2015, the full Committee met in open
markup session, a quorum being present, and ordered H.R. 3016,
as amended, reported favorably to the House of Representatives,
by voice vote. During consideration of the bill, the following
amendments were considered:
An amendment in the nature of a substitute offered by
Rep. Brad Wenstrup of Ohio, which combined the text of
H.R. 272; H.R. 356;, H.R. 423; H.R. 456; H.R. 475, as
amended; H.R. 476, as amended; H.R. 643; H.R. 832; H.R.
1015, as amended; H.R. 1141, as amended; and H.R. 1187,
H.R. 1862, H.R. 2275, H.R. 2344, as amended, H.R. 2531,
H.R. 3016, and changes to the Post-9/11 G.I. Bill was
agreed to by voice vote.
An amendment to the amendment in the nature of
substitute offered by Rep. Phil Roe of Tennessee, which
expanded the amount of time VA would treat or pay for
newborn care from two weeks to six weeks was agreed to
by voice vote.
An amendment to the amendment in the nature of
substitute offered by Mr. Takano of California, which
would have eliminated section 301 of the amendment in
the nature of substitute on eligibility to transfer
benefits to dependents under the Post-9/11 G.I. Bill
was not agreed to and failed by voice vote.
An amendment to the amendment in the nature of a
substitute offered by Ms. Titus of Nevada, which would
have eliminated section 203 of the amendment in the
nature of a substitute which transfers functions and
programs of VETS to VA and would require a series of
studies on the effectiveness of VETS' programs was not
agreed to and failed by voice vote.
An amendment to the amendment in the nature of
substitute by Mr. Takano of California would expand the
membership of VA's advisory committee on minority
veterans to include veterans who are lesbian, gay or
bisexual and veterans who are transgender was not
agreed to. The amendment failed by a recorded vote of
12 nays and 9 yeas, 1 present, with 2 absent.
A motion by Ranking Member Corrine Brown of Florida to
report H.R. 3016, as amended, favorably to the House of
Representatives was adopted by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the results of the record vote
that occurred during the Committee consideration of H.R. 3016
is as follows:
An amendment to the amendment in the nature of substitute
by Mr. Takano of California would expand the membership of VA's
advisory committee on minority veterans to include veterans who
are lesbian, gay or bisexual and veterans who are transgender
was not agreed to. The amendment failed by a recorded vote of
12 nays and 9 yeas, 1 present, with 2 absent.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are that the Secretary will use these
provisions to improve education and employment programs as well
as the health care services provided to veterans and
dependents.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 3016, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
3016, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 3016, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 19, 2015.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed estimate for H.R. 3016, the Veterans
Employment, Education, and Healthcare Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Newman.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3016--Veterans Employment, Education, and Healthcare Improvement
Act
Summary: H.R. 3016 would modify certain mandatory veterans'
programs, including those that provide educational benefits and
mortgage loan guarantees. On net, CBO estimates that enacting
H.R. 3016 would decrease direct spending by $815 million over
the 2016-2025 period.
In addition, H.R. 3016 would expand the types of medical
care provided by the Department of Veterans Affairs (VA);
reorganize the administration of several job training,
readjustment benefits, and other benefit programs; transfer
certain employment training and placement programs from the
Department of Labor (DOL) to VA; and modify the processing of
benefit claims. In total, CBO estimates that implementing the
bill would cost $234 million over the 2016-2020 period,
assuming appropriation of the necessary amounts.
Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending. Enacting the bill
would not affect revenues.
CBO estimates that enacting H.R. 3016 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3016 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. State agencies that serve veterans would benefit
from contact and service information about veterans provided
electronically by VA.
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 3016 are shown in Table 1. The costs
of this legislation fall within budget function 700 (veterans
benefits and services).
TABLE 1.--BUDGETARY EFFECTS OF H.R. 3016, THE VETERANS EMPLOYMENT, EDUCATION, AND HEALTH CARE IMPROVEMENT ACT
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDINGa
Estimated Budget Authority......................... -7 -20 -44 -63 -80 -214
Estimated Outlays.................................. -7 -20 -44 -63 -80 -214
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................... 76 54 33 36 38 237
Estimated Outlays.................................. 56 64 38 37 39 234
----------------------------------------------------------------------------------------------------------------
aEnacting H.R. 3016 would have effects beyond 2020. CBO estimates that under H.R. 3016 direct spending would
decrease by $815 million over the 2016-2025 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
3016 will be enacted early in fiscal year 2016, the estimated
amounts will be appropriated each year, and outlays will follow
historical spending patterns for affected programs.
Direct spending
CBO estimates that enacting H.R. 3016 would decrease net
direct spending by $7 million in 2016 and $815 million over the
2016-2025 period (see Table 2). Most of that change arises from
provisions that would modify the education benefits provided by
VA. Changes to VA's authority to guarantee mortgages would
increase direct spending by a smaller amount.
Changes to Education Benefits. H.R. 3016 would make several
changes to education benefits provided under the Post-9/11 GI
Bill. On net, those changes would decrease direct spending by
$882 million over the 2016-2025 period.
Under the Post-9/11 GI Bill, VA pays for tuition and fees
at institutions of higher learning and, with certain
exceptions, provides monthly housing allowances to
beneficiaries while they are in school. Payments for attending
public schools cover the full cost of tuition and fees at rates
charged to in-state students. Annual payments for education
programs at private institutions are capped at about $21,000
for 2016. (That limit is adjusted annually for inflation.)
TABLE 2.--ESTIMATED EFFECTS OF H.R. 3016 ON DIRECT SPENDING
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Transferred Education Benefits
Estimated Budget Authority.............................. -10 -24 -41 -64 -79 -87 -98 -110 -123 -137 -218 -773
Estimated Outlays....................................... -10 -24 -41 -64 -79 -87 -98 -110 -123 -137 -218 -773
Payments for Flight Training
Estimated Budget Authority.............................. -4 -8 -19 -20 -22 -23 -25 -26 -27 -29 -73 -203
Estimated Outlays....................................... -4 -8 -19 -20 -22 -23 -25 -26 -27 -29 -73 -203
Fry Scholarships
Estimated Budget Authority.............................. 2 4 7 11 11 3 3 3 3 3 35 50
Estimated Outlays....................................... 2 4 7 11 11 3 3 3 3 3 35 50
Credit for Time in Medical Care
Estimated Budget Authority.............................. 1 2 3 4 4 5 5 5 5 6 14 40
Estimated Outlays....................................... 1 2 3 4 4 5 5 5 5 6 14 40
Work-Study Program
Estimated Budget Authority.............................. * 1 1 1 1 * 0 0 0 0 4 4
Estimated Outlays....................................... * 1 1 1 1 * 0 0 0 0 4 4
Loan Guarantee Limit
Estimated Budget Authority.............................. 4 5 5 5 5 6 7 7 8 15 24 67
Estimated Outlays....................................... 4 5 5 5 5 6 7 7 8 15 24 67
Total Changes in Direct Spending
Estimated Budget Authority.......................... -7 -20 -44 -63 -80 -96 -108 -121 -134 -142 -214 -815
Estimated Outlays................................... -7 -20 -44 -63 -80 -96 -108 -121 -134 -142 -214 -815
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = between $0 and $500,000.
In addition, students who face tuition and fees above what
VA will cover--students at certain private schools and out-of-
state students attending public schools--may be eligible to
have part or all of their remaining expenses covered under the
Yellow Ribbon GI Education Enhancement Program (YRP).
Institutions participating in the YRP agree to cover a portion
of the difference between the tuition charged and the amount
that VA would otherwise pay. VA then matches that financial
assistance, thereby reducing or eliminating students' out-of-
pocket expenses.
Service members and veterans can use those benefits
themselves or transfer up to a total of 36 months of benefits
to their spouses and children after serving at least six years
in the military. Spouses can use the benefits as soon as they
are transferred, but children must wait until the member has
completed 10 years of service.
Transferred Education Benefits. Section 301 would modify
the authorities under which service members may transfer
education benefits to their dependents. On net, those changes
would reduce direct spending by $773 million over the 2016-2025
period, CBO estimates.
Section 301 would reduce by half the monthly housing
allowance paid to children who use transferred benefits. That
reduction would apply to benefits that are transferred to
children 180 days or more after the bill is enacted. Based on
current payment levels and adjusting for expected inflation,
CBO estimates that the annual payment for the housing allowance
under the Post-9/11 GI Bill will average about $7,000 in 2016
and $7,900 over the 2016-2025 period. (That annual payment may
represent an academic years' worth of benefits for one student
or portions of an academic year for two or more students.)
Based on data from the Department of Defense (DoD), CBO
estimates that about 28,000 service members will transfer their
education benefits to their children each year. Less than 10
percent of children who receive transferred benefits will be
college-aged at the time of the transfer and only half will
reach college age during the subsequent 10-year period. Most
service members will have completed at least 10 years of
service by the time their children are old enough to attend
college. Thus, the reduction in the housing allowance would
affect a small number of annual payments initially--about 2,000
in 2016. The number of reduced payments would increase over
time to nearly 40,000 annual payments in 2025. CBO estimates
that the number of annual payments that would be cut in half
under section 301 would total roughly 220,000 over the 2016-
2025 period, reducing direct spending by $900 million.
Section 301 also would change the terms under which service
members may transfer Post-9/11 GI Bill benefits to their
spouses and children. Under current law, members must serve at
least six years and agree to serve another four years to
transfer their benefits. Under section 301, members would have
to serve at least 10 years, and agree to serve an additional
two years in order to transfer benefits. Spouses and children
would be allowed to begin using benefits as soon as they are
transferred by the member.
CBO expects that those changes would cause some service
members to leave the military and use their benefits
themselves, rather than transfer them to their dependents.
Because service members would have to wait four more years
before committing to additional military service, they would
have more opportunities to leave the armed forces. Also,
spouses would have to wait an additional four years to use
transferred benefits, somewhat reducing their value to the
spouse. Finally, the length of service required from the member
would increase from 10 years to 12 years.
Based on the rate at which personnel leave the military
between their 6th and 10th years of service, CBO estimates that
each year about 2,000 members who would have committed to
additional service in order to transfer benefits under current
law would, under this provision, leave the military and retain
those benefits for their own use. That change would have
several offsetting effects that would increase net direct
spending by about $130 million over the 2016-2025 period, CBO
estimates. Those effects include:
Increased costs of $560 million for an
additional 20,000 service members who would separate
and use additional benefits;
Increased costs of $40 million for the
roughly 2,000 additional recruits who would replace
those separating service members, some of whom would
later separate and use education benefits near the end
of the budget window;
Decreased costs of $270 million because
spouses who do receive transferred benefits would have
to wait an additional four years to receive them,
reducing the total number of spouses who attend school
over the next 10 years by about 6,500;
Decreased costs of $100 million because
about 4,700 fewer spouses would receive transferred
benefits; and
Decreased costs of $100 million because
about 14,000 fewer children would receive transferred
benefits, about 2,000 of whom would have reached
college age during the next 10 years.
Payments for Flight Training. Section 306 would cap
payments for tuition and fees for educational programs that
involve flight training. Flight-training programs require
significant expenditures for aircraft purchases, equipment
maintenance, aviation fuel, and insurance. In 2014, VA paid an
average of $42,000 in tuition and fees for all beneficiaries
enrolled in flight-training programs at public institutions.
The maximum benefit for tuition and fees for flight trainees at
private institutions was $19,400 that year.
Section 306 would apply the limit for private institutions
to all flight-training programs. (Students who are enrolled in
flight-training programs before enactment of H.R. 3016 would
not see their education benefits reduced for two years.)
Payments for students whose tuition is below the new cap would
not be affected. In 2014, the average cost for the 544 students
whose tuition and fees exceeded the $19,400 limit applicable to
private institutions for that year was about $62,000, a
difference of $42,600. (That number excludes students at
programs currently precluded from enrolling new students
receiving VA education benefits.) In total, payments to schools
would decline by $342 million over the 2016-2025 period as a
result of the cap, CBO estimates.
Under the bill, the savings realized by capping tuition
payments would be partially offset because some students may be
eligible for additional assistance under the Yellow Ribbon
Program.
Based on data from VA that reflects payments under the YRP,
CBO expects that about 90 percent of the institutions affected
by the new cap on flight-training costs would make qualifying
contributions under the YRP, and those contributions would
cover about 45 percent of the difference between the listed
amount for tuition and fees and the limit on VA payments for
those costs. Thus, reductions in benefit payments for flight
training would be about 40 percent less than what they would be
in the absence of the Yellow Ribbon Program. VA's matching
payments under the YRP would total $139 million over the 2016-
2025 period.
On that basis, CBO estimates that in most years about 600
individuals would be affected by the new limit on tuition and
fees. The number of students affected would be smaller in 2016
and 2017 because payments for students who enrolled before H.R.
3016 was enacted would not be reduced in those years. In 2018,
the first year that the cap would apply to payments for all
students in flight training, payments for affected students
would decline by about $30,000. That amount would increase
annually because the gap between flight-training costs and the
new cap would increase with inflation. CBO estimates that, in
total, enacting section 306 would decrease direct spending by
$203 million over the 2016-2025 period.
Fry Scholarships. The Marine Gunnery Sergeant John David
Fry Scholarship provides 36 months of education benefits under
the Post-9/11 GI Bill to spouses and children of service
members who died on active duty at any time after September 11,
2001. Section 302 would enhance that benefit by allowing those
individuals to receive payments under the Yellow Ribbon Program
and by giving certain spouses more time to use the benefit. In
total, section 302 would increase direct spending by $50
million over the 2016-2025 period, CBO estimates.
Under current law, service members must complete at least
36 months of active duty or be discharged from the military for
a service-connected disability to earn YRP benefits. (Spouses
and children who receive transferred benefits from members who
were eligible for the YRP program can also receive that
additional assistance.) Under the bill, recipients of the Fry
Scholarship could receive additional education assistance
through the Yellow Ribbon Program; thus, the roughly 6,000
dependents who use Fry Scholarship benefits each year also
would become eligible for YRP assistance.
In 2014, VA made payments averaging $5,700 for 6 percent of
the students who were eligible for the Yellow Ribbon Program.
About 6,000 people with Fry Scholarships will attend school
each year, CBO estimates. Assuming the same percentage of
students with Fry Scholarships get similar YRP benefits
(adjusted for inflation), those additional payments would
increase direct spending by $25 million over the 2016-2025
period, CBO estimates.
Section 302 also would extend the time that certain spouses
have to use Fry Scholarship benefits before they expire. On
January 1, 2015, the Fry Scholarship was expanded to include
spouses. Under current law, those spouses have 15 years after
the service member's death to use their benefits; thus, some
spouses have fewer than four years before their benefits will
expire. Section 302 would allow spouses of service members who
died between September 11, 2001, and December 31, 2005, up to
51 additional months to use their benefits. Approximately 2,000
service members with spouses died during that period, and their
spouses would not have time to use any or all of their Fry
Scholarship under current law. CBO estimates that direct
spending on education benefits would increase by $25 million
over the 2016-2025 period, because of the additional time for
spouses to use their benefits.
Credit for Time in Medical Care. Section 307 would allow
the time a reservist serves on active duty while receiving
medical care or undergoing a medical evaluation, to count as
qualifying active service for accruing education benefits under
chapter 33. Based on historical data from the Department of
Defense regarding such activations, CBO estimates that about
1,000 reservists will be called to active duty for those
reasons annually, and spend an average of seven months in that
status. For those individuals, that additional qualifying
service could result in a roughly 15 percent increase in annual
benefits under chapter 33--about $2,500 per person in 2016.
However, some activated reservists will already qualify for
the maximum benefit as a result of other time on active duty;
others would not use their benefits at all, even if the amount
of the benefit were increased. Based on personnel data from
DoD, CBO estimates that under section 307, about half of the
reservists who are activated for medical care would receive and
use additional benefits as a result of that service. Section
307 would apply to active-duty service after the date of
enactment of the bill; thus, the initial budgetary effect would
be small--about $1 million in 2016. As the population of
veterans who would benefit from the provision grew over time,
annual costs would increase to about $5 million. In total, the
additional payments from VA for those benefits would increase
direct spending by $40 million over the 2016-2025 period, CBO
estimates.
Work-Study Program. Section 308 would renew for five years
an expired authority to pay veterans to work in certain
positions at VA while they are using educational assistance.
Under the program, veterans could be paid the minimum wage for
up to 25 hours per week for working in VA hospitals, nursing
homes, retirement homes, and veterans' cemeteries, or for
performing outreach services to other veterans. The authority
to hire veterans in those positions expired on June 30, 2013.
Section 308 would restart the program on June 30, 2016.
In 2012, the last full year before the authority expired,
VA paid an average of $2,750 to about 400 veterans who
performed such work. CBO expects that participation would be
similar under the renewed program; therefore, we estimate that
enacting section 308 would increase direct spending by $4
million over the 2016-2021 period.
In-State Tuition for Dependents. For dependents who receive
transferred benefits under chapter 33, section 408 would
require public institutions of higher learning to set tuition
and fees at rates that are no higher than those charged to
state residents. Institutions that declined to do so would be
disapproved for attendance by students using VA education
benefits. To the extent that public institutions complied and
lowered prices for such beneficiaries, the difference between
the rate charged by the institution and the amount paid by VA
would decline or disappear. Thus VA would not have to provide
matching payments under the Yellow Ribbon Program for
institutions that would have covered part of that difference,
and spending for that program would decline.
Section 408 is similar to a requirement in current law that
public institutions must offer in-state tuition rates to
veterans who were discharged within the three-year period
preceding their enrollment in the institution. That requirement
should similarly reduce mandatory spending under the YRP.
However, the Secretary of Veterans Affairs has waived the
disapproval of institutions that do not offer in-state tuition
to veterans, reducing the incentive for public institutions to
offer that lower rate. The Secretary's waiver would similarly
apply to dependents who would otherwise be affected by the
enactment of section 408. CBO expects that VA will continue to
waive the requirement in current law; therefore, enacting
section 408 would not affect direct spending.
Loan Guarantee Limit. VA provides partial loan guarantees
to lenders that make home loans to veterans. The guarantee
payment from VA is capped at 25 percent of the initial loan
balance, up to the maximum loan amount established by the
Federal Home Loan Mortgage Corporation Act, currently $417,000.
(Loans at or below that level are known as conforming loans;
loans in excess are called jumbo loans. Exceptions are made to
the conforming limit for certain high-cost areas like Hawaii
and Alaska.)
Section 501 would eliminate the cap on the loan amount for
which VA can provide a guarantee of 25 percent. As a result, VA
would provide a larger guarantee amount for some jumbo loans
that it will already cover under current law. Additionally,
some veterans who would not have used the benefit because of
the guarantee limit would do so if section 501 were enacted.
From October 2008, to December 2014, the maximum loan amount
for which VA could provide a full guarantee was temporarily
increased to $729,750. Based on information about the jumbo
loans VA guaranteed during that period, CBO estimates that if
the loan limit were removed, VA would increase the guaranteed
amount by about $100,000 on average for about 5,000 loans a
year that it will otherwise guarantee for a lesser amount under
current law. Also, VA would guarantee an additional 1,000 loans
annually with an average loan amount of about $700,000. As a
result, the annual loan volume that VA would guarantee would
grow by an average of $1.2 billion. Because the subsidy costs
of VA's loan guarantees are considered direct spending,
increasing the loan volume would increase direct spending.\1\
Based on the experience from VA's loan guarantee program, CBO
estimates that enacting section 501 would increase direct
spending by $4 million in 2016 and $67 million over the 2016-
2025 period.
---------------------------------------------------------------------------
\1\Under the Federal Credit Reform Act of 1990, the subsidy cost of
a loan guarantee is the net present value of estimated payments by the
government to cover defaults and delinquencies, interest subsidies, or
other expenses, offset by an payments to the government, including
origination fees, other fees, penalties, and recoveries on defaulted
loans. Such subsidy costs are calculated by discounting those expected
cash flows using the rate on Treasury securities of comparable
maturity. The resulting estimated subsidy costs are recorded in the
budget when the loans are disbursed.
---------------------------------------------------------------------------
Spending subject to appropriation
H.R. 3016 would expand the types of medical care provided
by VA. It also would establish a new organization in VA to
administer several job training, readjustment, and benefit
programs, and would transfer certain job training and placement
programs from the Department of Labor to VA. Finally, the bill
would improve the systems and methods for processing benefit
claims, and require VA to provide certain reports and studies.
In total, CBO estimates that implementing the bill would cost
$234 million over the 2016-2020 period, assuming appropriation
of the necessary amounts (see Table 3).
Medical Care. The bill would expand neonatal care, increase
the benefits paid to podiatrists at VA, establish a pilot
program for certain veterans to train service dogs, and require
periodic reviews of VA's budget for health care. In total,
implementing those provisions would increase costs by $100
million, CBO estimates.
Care for Newborns. Section 103 would authorize VA to
provide up to 42 days of health care to newborn children of
female veterans who receive maternity care through the
department. Under current law, VA may provide such care for no
more than seven days after delivery.
Based on data from VA, CBO estimates that that 11 percent
(or 240) of the roughly 2,200 eligible births that occur each
year are complicated births that require neonatal care beyond
seven days. Based on information from the Agency for Healthcare
Research and Quality, and excluding the days over 42, the
average length of stay for neonatal care for complicated births
(for example, premature delivery, low birth weight, and fetal-
growth retardation) is 15 days. Using information from VA, we
estimate that the average daily cost for complicated births is
about $4,000. As a result, and adjusting for anticipated
inflation, CBO estimates that implementing this proposal would
cost $50 million over the 2016-2020 period.
Table 3.--Budgetary Effects of H.R. 3016, The Veterans Employment, Education, and Health Care Improvement Act
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Care for Newborns
Estimated Authorization Level............. 7 9 10 12 13 51
Estimated Outlays......................... 6 9 10 12 13 50
Podiatrists
Estimated Authorization Level............. 5 6 7 8 9 35
Estimated Outlays......................... 4 6 7 8 9 34
Dog Training Therapy
Estimated Authorization Level............. 2 2 2 2 2 10
Estimated Outlays......................... 2 2 2 2 2 10
Outreach on Credit Protection
Estimated Authorization Level............. 1 2 1 1 1 6
Estimated Outlays......................... 1 2 1 1 1 6
Veterans Economic Opportunity and Transition
Administration
Estimated Authorization Level............. * 30 10 10 10 60
Estimated Outlays......................... * 27 12 10 10 59
Transfer Labor Programs to VA
Estimated Authorization Level............. 14 4 2 2 2 24
Estimated Outlays......................... 10 7 3 2 2 24
Claims Processing
Authorization Level....................... 40 0 0 0 0 40
Estimated Outlays......................... 27 9 2 1 1 40
Information on Benefit Entitlement
Estimated Authorization Level............. 5 0 0 0 0 5
Estimated Outlays......................... 4 1 0 0 0 5
Reports, Surveys, and Studies
Estimated Authorization Level............. 2 1 1 1 1 6
Estimated Outlays......................... 2 1 1 1 1 6
Total Spending Subject to Appropriation
Estimated Authorization Level......... 76 54 33 36 38 237
Estimated Outlays..................... 56 64 38 37 39 234
----------------------------------------------------------------------------------------------------------------
Note: VA = Department of Veterans Affairs; * = between $0 and $500,000.
Podiatrists. Section 101 would require VA to treat
podiatrists as physicians for the purposes of pay, recruitment,
and retention. Over the next five years, CBO expects that VA
will employ, on average, about 400 podiatrists at an annual
salary of $195,000. Based on pay data from VA, CBO estimates
that this proposal would increase that compensation by 6
percent to an average of $210,000 over that period. In
addition, CBO expects that the higher level of compensation
would enable VA to be more successful in recruiting
podiatrists. Accordingly, we estimate that over the 2016-2020
period, the number of podiatrists VA employs each year would
increase to an average of 420. As a result, CBO estimates that
implementing section 101 would increase personnel costs by $34
million over the 2016-2020 period.
Dog Training Therapy. Section 106 would require VA to
establish a pilot program through which veterans diagnosed with
post-traumatic stress disorder or other mental health
conditions would train service dogs for use by other disabled
veterans. The pilot program would operate in up to five medical
centers over a five-year period. Based on the cost of a similar
VA program in Palo Alto, California, CBO expects that each
facility would train six service dogs every two years using one
certified dog trainer. CBO estimates that implementing the
provision would cost $10 million over the 2016-2020 period.
Outreach on Credit Protection. Section 105 would require VA
to inform veterans about the negative effects on their credit
score from overdue copayments to VA for emergency care provided
at nondepartment facilities. VA also would be required to
operate a toll-free line for veterans to report such credit
issues to VA. CBO expects that implementing these requirements
would require five additional employees at an annual cost of $1
million.
Section 105 would also require the Government
Accountability Office to conduct an analysis on the timeliness
of VA payments to non-VA providers of health care. Based on the
resources necessary for previous studies, CBO estimates such a
study would cost $1 million. In total, implementing section 105
would cost $6 million over the 2016-2020 period, CBO estimates.
Economic Opportunity and Transition Administration. Title
II of the bill would create a new administration at VA to
manage programs for readjustment benefits, home-loan
guarantees, and small-business assistance. The title also would
transfer the responsibilities for the veterans' employment
programs administered by the Department of Labor to VA. In
total, CBO estimates that implementing title II would increase
costs by $83 million.
Veterans Economic Opportunity and Transition
Administration. Beginning in fiscal year 2017, sections 201 and
202 would establish the Veterans Economic Opportunity and
Transition Administration (VEOTA). The Veterans Benefits
Administration (VBA) currently manages the following benefit
programs for veterans and other eligible individuals:
Disability compensation;
Pension, dependency and indemnity
compensation, burial, and fiduciary programs;
Readjustment benefits (including education
and vocational rehabilitation benefits);
Home-loan guarantees;
Small business programs; and
Insurance.
This bill would transfer some programs that are currently
administered by VBA to VEOTA. Under this new organizational
structure, all readjustment benefit programs (including
employment programs), the home-loan guarantee program, and
veterans' small business programs would instead be managed by
VEOTA. VBA and VEOTA each would be led by an Undersecretary.
Section 201 would limit the total number of full-time
equivalent (FTE) positions serving in both administrations to
22,118 in fiscal years 2017 and 2018.
Based on information from VA, there are currently about
4,400 VA employees who oversee and carry out the benefits
programs that would transfer to VEOTA under this provision. CBO
estimates that those personnel, and the records, property, and
budgetary resources currently used by VBA to manage those
programs also would be transferred. Using the current operating
costs for VBA of $137 million, we estimate a 10 percent
increase in 2017 to capture moving expenses, IT costs and other
reorganization expenses, and about a 3 percent increase
thereafter for ongoing operating expenses. Those estimated
additional operating costs would total about $50 million over
2016-2020 period. In addition, CBO estimates that VEOTA would
require an additional 20 FTE positions at an average annual
cost of $180,000 to manage the daily operations of the new
administration. As a result, CBO estimates costs of $9 million
for additional staff.
CBO estimates that establishing VEOTA and transferring the
programs, personnel, and accompanying assets and hiring the
additional 20 personnel would cost $59 million over the 2016-
2020 period.
Veterans Employment and Training Services. In 2014, DOL
employed about 230 individuals and spent about $230 million to
provide employment, job training, and reintegration services to
veterans. Section 203 would transfer those veterans-related
programs to VA, under VEOTA (as established in section 201).
CBO estimates that implementing that provision would cost $24
million over the 2016-2020 period. Those costs primarily
reflect building the necessary information technology (IT)
systems for grant management and relocating staff.
Many of the transferred programs are grant programs that
require grant management and data collection systems to analyze
and evaluate the effectiveness of each program. Under current
law, DOL relies on its customized IT systems to manage those
programs. Those systems are currently used throughout DOL and
embedded in the department's greater IT infrastructure. CBO
expects that VA would need to develop its own grant management
system to distribute and manage the grants and collect the
comprehensive data necessary to comply with the statutory
reporting requirements of the transferred programs. Based on
information from DOL, CBO estimates that it would cost $18
million over the 2016-2020 period to develop and maintain the
IT systems.
Based on information from DOL, CBO estimates that about 140
of the 230 transferring employees work outside of the
Washington, D.C. area. CBO assumes that those personnel would
remain at their current locations after VA takes responsibility
for their functions. The remaining individuals would relocate
from DOL to a VA facility. Based on information from the
General Services Administration (GSA), CBO estimates that it
would cost about $20,000 to move each of those employees within
the District of Columbia.
Because VA already leases space to accommodate some of
their current employees, CBO expects that it would need to
lease additional space to accommodate the 90 relocated
employees. Based on GSA planning estimates, VA would need to
lease about 18,000 square feet of office space at a cost of
about $40 per square foot. Because those employees are
intermingled with other DOL employees, CBO expects that DOL
would not be able to consolidate space very quickly. Thus, any
reduction in costs for DOL from the relocated employees would
be less than the increase in costs for VA over the first few
years. On net, CBO estimates that it would cost about $6
million to move 90 employees and lease office space over the
2016-2020 period.
Benefit Processing Improvements. H.R. 3016 would make
several changes to the systems and methods used to process
benefit claims. In total, those changes would increase costs by
$45 million.
Claims Processing. Section 407 would require VA to maximize
the use of automation and algorithms in systems used to process
claims for educational assistance under the Post-9/11 GI Bill
(Chapter 33) and would authorize the appropriation of $30
million in 2016 for that purpose.
Section 310 would require VA to reduce the number of IT
systems used to process payments for vocational rehabilitation
benefits and to ensure that such payments on behalf of a
particular veteran are paid from only one system. It would
authorize the appropriation of $10 million in 2016 for that
purpose.
CBO estimates that implementing those provisions would cost
$40 million over the 2016-2020 period, assuming appropriation
of the specified amounts.
Information on Benefit Entitlement. Section 402 would
require VA to allow institutions of higher learning to obtain
information on the educational assistance to which a veteran is
entitled via a secure IT system. CBO expects that VA could
accomplish that requirement by modifying systems that are
currently used to provide other information to such
institutions. Based on information from VA, CBO estimates that
modifying those systems would cost $5 million over the 2016-
2020 period, assuming appropriation of the estimated amounts.
Reports, Surveys, and Studies. The bill would require VA to
produce a total of nine reports on matters such as medical
care, benefit processing, and contract set-asides for veteran-
owned business. It also would require a survey of veterans
using educational benefits, and a multiyear study on job
counseling and placement programs. Based on the costs of
similar studies and reports, CBO estimates that meeting those
requirements would cost a total of $6 million over the 2016-
2020 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3016 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON VETERANS' AFFAIRS ON SEPTEMBER 17, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE ON-BUDGET DEFICIT
Statutory Pay-As-You-Go Impact............. -7 -20 -44 -63 -80 -96 -108 -121 -134 -142 -214 -815
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long term direct spending and deficits: CBO
estimates that enacting H.R. 3016 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
Intergovernmental and private-sector impact H.R. 3016
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. State agencies that serve veterans would
benefit from contact and service information about veterans
provided electronically by VA.
Previous cost estimates: On August 26, 2015, CBO
transmitted a cost estimate for H.R. 475, the GI Bill
Processing Improvement and Quality Enhancement Act of 2015, as
ordered reported by the House Committee on Veterans' Affairs on
May 21, 2015. Sections 102 and 103 of that bill are similar to
sections 306 and 307 of H.R. 3016 and the estimated costs are
the same. Section 104 of H.R. 475 is similar to section 501 of
H.R. 3016. CBO estimates a smaller cost in fiscal year 2016 for
section 501 than we estimated for the earlier provision because
of the later expected date of enactment.
Estimate prepared by: Federal Costs: Ann E. Futrell, David
Newman, and Dwayne M. Wright; Impact on State, Local, and
Tribal Governments: Jon Sperl; Impact on the Private Sector:
Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 3016, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3016, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 3016, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 3016, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
TITLE I--VETERANS HEALTH CARE
Section 101. Role of podiatrists in Department of Veterans Affairs
Section 101(a) would amend subchapter I of chapter 74 of
title 38, U.S.C., to create a new section entitled, ``7413.
Treatment of podiatrists.'' This new section would specify that
the term ``physician'' includes a podiatrist for purposes of
this chapter. It would also amend the table of sections at the
beginning of chapter 74 of title 38, U.S.C., by inserting after
the item relating to section 7412 the following new item,
``7413. Treatment of podiatrists.'' It would further amend
section 7401(1) of title 38, U.S.C., by striking ``Physicians,
dentists, podiatrists'' and inserting ``Physicians, dentists.''
Section 101(b) would amend section 7402(b) of title 38
U.S.C., in paragraph (1), subparagraph (A) by striking ``or of
doctor of osteopathy'' and inserting ``doctor of osteopathy, or
doctor of podiatric medicine'' and in paragraph (C) by
inserting ``podiatry'' after ``surgery,'' by striking paragraph
(5), and by redesignating paragraphs (6) through (14) as
paragraphs (5) through (13), respectively.
Section 101(c) would amend section 7403(a)(2) of title 38,
U.S.C., by striking subparagraph (C) and by redesignating
subparagraphs (D) through (H) as subparagraphs (C) through (G),
respectively.
Section 101(d) would amend the list in section 7404(b) of
title 38, U.S.C., by striking ``CLINICAL PODIATRIST,
CHIROPRACTOR, AND OPTOMETRIST SCHEDULE'' and inserting
``CLINICAL CHIROPRACTOR AND OPTOMETRIST SCHEDULE'' and would
require this amendment to apply with respect to a VA pay period
beginning on or after the date that is 30 days after the date
of the enactment of this Act.
Section 101(e) would amend section 7409(a) of title 38,
U.S.C., by striking ``podiatrists''.
Section 101(f) would amend section 7421(b) of title 38,
U.S.C., by striking paragraph (3) and by redesignating
paragraphs (4) through (8) as paragraphs (3) through (7).
Section 101(g) would amend section 7306(a)(4) of title 38,
U.S.C., by inserting ``, doctor of podiatric medicine,'' after
``doctor of medicine.''
Section 101(h) would require the amendments made by this
Section to apply with respect to podiatrists employed by VA as
of the date of the enactment of this Act or who are appointed
on or after such date.
Section 102. Priority of Medal of Honor recipients in health care
system of Department of Veterans Affairs
Section 102(a) would amend section 1705(a) of title 38,
U.S.C., in paragraph 1, by striking the period at the end and
inserting ``and veterans who were awarded the medal of honor
under section 3741, 6241, or 8741 of title 10 or section 491 of
title 14'' and, in paragraph 3, by striking ``veterans who were
awarded the medal of honor under section 3741, 6241, or 8741 or
title 10 or section 491 of title 14.''
Section 102(b) would amend section 1710(a)(2)(D) of title
38, U.S.C., by inserting ``who was awarded the medal of honor
under section 3741, 6241, or 8741 of title 10 or section 491 of
title 14'' after ``war.''
Section 102(c) would amend section 1710B(c)(2) of title 38,
U.S.C., by striking ``or'' in subparagraph (B), by striking the
period at the end and inserting ``; or'' in subparagraph (C),
by adding at the end a new subparagraph (D) to read ``(D) to a
veteran who was awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title 14.''
Section 102(d) would amend 1722(a)(3) of title 38, U.S.C.,
by striking ``or'' in subparagraph (B), by striking the period
at the end and inserting ``; or'' in subparagraph (C), and by
adding at the end a new subparagraph (D) to read ``(D) to a
veteran who was awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title 14.''
Section 102(e) would require that the priority of
enrollment of medal of honor recipients pursuant to chapter 17
of title 38, U.S.C., shall apply to each medal of honor
recipient, regardless of the date on which the medal is
awarded.
Section 103. Improvement of care provided to newborn children
Section 103 would amend section 1786 of title 38, U.S.C.,
by striking ``seven days'' and inserting ``42 days'' and by
adding a new subsection to read ``(c) Annual Report--Not later
than October 31, 2016, and each year thereafter through 2020,
the Secretary shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
on the health care services provided under subsection (a)
during the fiscal year preceding the date of the report,
including the number of newborn children who received such
services during such fiscal year.''
Section 104. Comptroller general audit of budget of Veterans Health
Administration
Section 104(a) would amend subchapter II of chapter 73 of
title 38, U.S.C., by creating a new section entitled, ``7330B.
Comptroller General audit of VHA budget.'' The new section
would require that the Comptroller General of the United States
conduct periodic audits of the elements of the Veterans Health
Administration budget including the budget formulation,
execution, allocation, and use of funds. It would also require
that, in selecting elements of the Veterans Health
Administration budget to audit, the Comptroller General is
required to take knowledge of Veterans Health Administration
programs, current issues, national priorities, and priorities
expressed by the appropriate congressional committees into
consideration. The new section would further require that the
Comptroller General submit notice to the appropriate
congressional committees of the elements of the Veterans Health
Administration budget selected for audit by not later than 30
days before conducting the audit. The appropriate congressional
committees are defined as the Committees on Veterans' Affairs,
the Committees on Appropriations, and the Committees on the
Budget of the Senate and the U.S. House of Representatives.
Section. 105. Outreach to veterans regarding effect of certain delayed
payments by department of veterans affairs chief business
office
Section 105(a) would require that the Secretary of Veterans
Affairs conduct outreach, including through national and local
veterans service organizations, to inform veterans of how to
resolve credit issues caused by delayed payment by VA of a
claim for emergency hospital care, medical services, or other
emergency health care furnished through a non-VA provider. It
would also require the Secretary of Veterans Affairs to
establish a toll-free number for veterans to report such credit
issues to the VA Chief Business Office.
Section 105(b) would require the Secretary of Veterans
Affairs, during the five-year period beginning on the date of
enactment of this Act, to submit an annual report on the
effectiveness of the Chief Business Office in providing timely
payment of proper invoices for emergency hospital care, medical
services, or other emergency health care furnished through non-
VA providers during both the five-year period and the one-year
period preceding the date of the report. For any part of the
period of the report that occurred before October 1, 2014, the
report would be required to evaluate such payments by Veterans
Integrated Service Network. The annual reports would further be
required, for each period covered by the report, to include:
the number of veterans who contacted the Secretary regarding a
delayed payment that negatively affected, or will potentially
negatively affect, the credit of the veteran; the total amount
of interest penalties paid by the Secretary of Veterans Affairs
under section 3902 of title 31 U.S.C., by reason of delayed
payment; the number of proper invoices submitted, listed in a
table for each quarter and fiscal year of each such period that
includes the total amount owed by the Secretary under the
proper invoices, the payment status of each proper invoice as
of the date of the report, and the period that elapsed until
each proper invoice was paid to include an explanation of any
delayed payment; any comments regarding delayed payments made
by medical providers; and a description of the best practices
that the Chief Business Office can carry out to provide timely
payment of a proper invoice to include a plan to improve such
timely payments.
Section 105(c) would require the VA Chief Business Office,
during the five-year period beginning on the date of the
enactment of this Act, to submit quarterly reports to Congress
on the number of pending claims for reimbursement for emergency
hospital care, medical services, and other emergency health
care furnished through non-VA providers. Each quarterly report
would be required to include: the total number of such pending
claims for each VA hospital system as of the last day of the
quarter covered by the report; the total number of veterans who
submitted such a pending claim in each state as of such day;
the aggregate amount of all such pending claims in each State
as of such day; the number of such pending claims that have
been pending for 30, 90, or 365 days or longer as of such day;
the number of claims for reimbursement for emergency hospital
care, medical services, and other emergency health care
furnished through non-VA providers approved and denied during
such quarter for each hospital system to include, for each
denied claim, the number of such claims denied listed by each
denial reason group.
Section 105(d) would require the Comptroller General to
conduct a study to evaluate the effectiveness of the VA Chief
Business Office in providing timely payment of a proper invoice
for emergency hospital care, medical services, or other
emergency health care furnished through non-VA providers by the
required payment date and submit a report on the study to
Congress, to include the total amount of interest penalties
paid by the Secretary of Veterans Affairs under section 3902 of
title 31, U.S.C., by reason of delayed payment.
Section 105(e) would define the term ``delayed payment'' as
a proper invoice that is not paid by the Secretary of Veterans
Affairs until after the required payment date, define the term
``proper invoice'' as the meaning given that term in section
3901(a) of title 31, U.S.C., and define the term ``required
payment date'' as the date that payment is due for a contract
pursuant to section 3903(a) of title 31, U.S.C.
Section 106. Department of Veterans Affairs pilot program on service
dog training therapy
Section 106(a) would require the Secretary of Veterans
Affairs, by not later than 120 days after enactment of this
Act, to carry out a pilot program under which the Secretary
would enter into a contract with one or more appropriate non-
government entities for the purpose of assessing the
effectiveness of post-deployment mental health and post-
traumatic stress disorder symptoms through a therapeutic medium
of training service dogs for veterans with disabilities.
Section 106(b) would require the pilot program to be
carried out during the five-year period beginning on the date
of the commencement of the pilot program.
Section 106(c) would require the Secretary of Veterans
Affairs to enter into contracts with appropriate non-
governmental entities located in close proximity to at least
three but not more than five VA medical centers.
Section 106(d) would define an appropriate non-government
entity as an entity that is certified in the training and
handling of service dogs and that has a training area that
would be appropriate for use in educating veterans with mental
health conditions in the art and science of service dog
training and handling. The training area would be required to
include a dedicated space that is suitable for grooming and
training dogs indoors, be wheelchair accessible, include
classroom or lecture space, include office space for staff,
include a suitable space for storing training equipment,
provide for the periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises, include outdoor exercise and toileting space for the
dogs, and provide transportation for weekly field trips to
train the dogs in other environments.
Section 106(e) would require each contract entered into
under Section 106(a) of the bill: to ensure that veterans
participating in the program receive training from certified
service dog training instructors; to ensure that, in selecting
assistance dogs for use in the program, dogs residing in animal
shelters or foster homes are looked at as an option, if
appropriate, and ensure that all dogs used in the program have
adequate temperament and health clearances; to ensure that each
service dog in training participating in the pilot program is
taught all essential commands pertaining to service dog skills;
to ensure that each service dog in training lives at the pilot
program site or a volunteer foster home in the vicinity of such
site while receiving training; to ensure that the pilot program
involves both lecture of a service dog training methodologies
and practical hands-on training and grooming of service dogs;
to ensure that the pilot program is designed to maximize the
therapeutic benefits to veterans participating in the program
and provide well-trained service dogs to veterans with
disabilities; and to give preference to veterans who have
successfully graduated from PTSD or other residential treatment
programs and who have received adequate certification in
service dog training when hiring service dog training
instructors.
Section 106(f) would require that VA administer the pilot
program through the Recreational Therapy Service under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee the pilot program and
establish a director of service dog training with a background
in working in social services, experience in teaching others to
train service dogs in a vocational setting, and at least one
year of experience working with veterans or active duty
servicemembers with PTSD in a clinical setting.
Section 106(g) would require the Secretary of Veterans
Affairs to select veterans for participation in the pilot
program. It would also authorize a veteran with PTSD or other
post-deployment mental health condition to volunteer to
participate in the pilot program if the Secretary determines
that there are adequate program resources available for such
veteran at the pilot program site and to participate in the
pilot program in conjunction with the VA compensated work
therapy program.
Section 106(h) would require the Secretary of Veterans
Affairs to collect data on the pilot program to determine how
effective the program is for veterans participating in the
program and require such data to include how effectively the
program assists veterans in: reducing stigma associated with
PTSD or other post-deployment mental health conditions;
improving emotional regulation; improving patience; instilling
or re-establishing a sense of purpose; providing an opportunity
to help fellow veterans; reintegrating into the community;
exposing the dog to new environments and, in doing so, helping
the veteran reduce social isolation and withdrawal; building
relationships skills, including parenting skills; relaxing the
hyper-vigilant survival state; improving sleep patterns; and
enabling veterans to decrease the use of pain medication.
Section 106(i) would require the Secretary of Veterans
Affairs to submit a report on the pilot program to Congress not
later than one year after the date of the commencement of the
pilot program. It would further require that each report
include: the number of veterans participating in the pilot
program; a description of the services carried out under the
pilot program; the effects that participating in the pilot
program has on symptoms of PTSD and post-deployment adjustment
difficulties (including depression, maintenance of sobriety,
suicidal ideations, and homelessness), potentially relevant
physiological markers that possibly relate to the interactions
with the service dogs, family dynamics, insomnia and pain
management, and overall well-being; and the recommendations of
the Secretary of Veterans Affairs with respect to the extension
or expansion of the pilot program.
Section 106(j) of the bill would define the term ``service
dog instructor'' as an instructor who provides the direct
training of veterans with PTSD and other post-deployment issues
in the art and science of service dog training and handling.
TITLE II--VETERANS ECONOMIC OPPORUNITY AND TRANSITION ADMINISTRATION
Section 201. Establishment of Veterans Economic Opportunity and
Transition Administration
Section 201(a) would amend Part V of title 38, U.S.C., to
create a new chapter 80 entitled, ``Veterans Economic
Opportunity and Transition Administration.''
Sec. 8001(a) would create the new Veterans Economic
Opportunity and Transition Administration at VA whose
primary function would be to administer programs that
provide assistance related to economic opportunity to
veterans and their dependents.
Sec. 8001(b) would authorize the creation of the
Under Secretary for Economic Opportunity and Transition
who would be directly responsible to the Secretary of
Veterans Affairs and would oversee the operation and
administration of the Veterans Economic Opportunity and
Transition Administration.
Sec. 8001(c) would authorize the creation of two
Deputy Under Secretaries for the new administration.
The Deputy Under Secretary for Readjustment created by
the Section would be responsible for overseeing
programs related to vocational rehabilitation and
employment; educational assistance; veterans housing
and related programs; and the verification of veteran
owned small businesses under section 8127 of title 38,
U.S.C. The Deputy Under Secretary for Employment,
Training and Transition created by this Section would
be responsible for overseeing programs related to job
counseling, training, and placement services under
chapter 41 of title 38, U.S.C.; employment and training
of veterans under chapter 42 of title 38, U.S.C.;
administration of employment and employment rights of
members of the uniformed services under chapter 43 of
title 38, U.S.C.; the Homeless Veterans Reintegration
Programs under chapter 20 of title 38, U.S.C.; and the
Transition Assistance Program under chapter 1144 of
title 10, U.S.C.
Sec. 8002(a) would require that this new
administration be responsible for the administration of
programs related to the following: vocational
rehabilitation and employment; educational assistance;
veterans housing and related programs; the verification
of veteran owned small businesses under section 8127 of
title 38, U.S.C.; job counseling, training, and
placement services under chapter 41 of title 38,
U.S.C.; employment and training of veterans under
chapter 42 of title 38, U.S.C.; employment and
employment rights of members of the uniformed services
under chapter 43 of title 38, U.S.C.; the Homeless
Veterans Reintegration Programs under chapter 20 of
title 38, U.S.C.; the Transition Assistance Program
under chapter 1144 of title 10, U.S.C.; and any other
VA program that the Secretary deems appropriate.
Sec. 8002(b) would require that all of the changes
made by the new chapter 80 of title 38, U.S.C., take
effect no later than October 1, 2016.
Sec. 8002(c) would require that the total number of
full time equivalent employees authorized for the
Veterans Benefit Administration and the Veterans
Economic Opportunity and Transition Administration for
fiscal years 2017 and 2018 may not exceed 22,118.
Sec. 8002(d) clarifies that the creation of this new
administration would not affect grant funds provided to
organizations through the Homeless Veterans
Reintegration Program under chapters 2021 and 2021A of
title 38, U.S.C.
Section 202. Under Secretary for Veterans Economic Opportunity and
Transition
Section 202(a) would amend chapter 3 of title 38, U.S.C.,
by creating a new section 306.
Sec. 306A(a) would authorize the position of Under
Secretary for Veterans Economic Opportunity and Transition. The
Section would require that this position be appointed by the
President with the advice and consent of the U.S. Senate. The
new Under Secretary would be appointed without regard for
political affiliation or activity and would be chosen based
solely on demonstrated ability in information technology and
the administration of programs in similar content or scope to
the programs in the new Veterans Economic Opportunity and
Transition Administration authorized by Section 201 of this
bill.
Sec. 306A(b) would require that the new Under Secretary
created by Section 306A(a) be directly responsible to the
Secretary for the operations of the new Veterans Economic
Opportunity and Transition Administration.
Sec. 306A(c) would require that when there is a vacancy in
the position of the new Under Secretary that the Secretary
establish a commission to recommend individuals for the
position to the President. The commission would be composed of
the following members appointed by the Secretary: (1) three
persons who are affected by the programs of the new Veterans
Economic Opportunity and Transition Administration; (2) two
veterans affected by programs of the new Veterans Economic
Opportunity and Transition Administration; (3) two persons who
have had experience in the management of private sector
programs and benefits similar in scope to the programs and
benefits of the new Veterans Economic Opportunity and
Transition Administration; (4) the VA Deputy Secretary; (5) the
chairman of the Veterans Advisory Committee on Education formed
under section 3692 of title 38, U.S.C.; and (6) one person who
previously held the position of the Under Secretary for
Veterans Economic Opportunity and Transition if the Secretary
determines that it is desirable for this person to serve on the
commission.
This section would also require the commission to submit at
least three individuals for the position to the Secretary of
Veterans Affairs. The Secretary of Veterans Affairs would be
required to submit these names to the President and the House
and Senate Committees on Veterans' Affairs for consideration
with or without comment. The President may ask the commission
to recommend additional individuals following its initial
submission. Finally, this Section would require the VA Deputy
Assistant Secretary who performs personnel management and labor
relations functions to serve as the executive secretary of the
commission.
Sec. 306A(d) would require that any individual who is
recommended to the President under this Section shall have held
a senior level position in the private sector relating to at
least one of the following: education policy, vocational
rehabilitation, employment, job placement, home loan finance,
or small business development.
Section 202(b) would make various conforming amendments to
title 38, U.S.C., based on the provisions of the new Sec. 306A.
Section 202(c) would require that provisions of the new
Sec. 306A go into effect on October 1, 2016.
Section 203. Transfer of Department of Labor veterans programs to
Department of Veterans Affairs
Section 203(a) would require DoL to transfer all veterans
employment and training programs under chapters 41, 42, 43, and
20 of title 38, U.S.C., to VA's Veterans Economic Opportunity
and Transition Administration created by Section 201 of this
bill, effective October 1, 2016.
Section 203(b) would require that pursuant to section 1105
of title 31, U.S.C., the President shall include in VA's FY
2017 budget request, and for each subsequent fiscal year, the
funding requested for the programs transferred under Section
203(a).
Section 203(c) would require that any Federal law,
executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to a department or office
relating to programs transferred from DoL to VA under Section
203(a) now reference VA.
Section 203(d) would authorize any federal official tasked
with implementing the programs and functions being transferred
by Section 203(a) to not lose such authority as part of the
transfer.
Section 203(e) would require that any legal documents or
proceedings that were in effect or under consideration before
the transfer from DoL to VA shall remain in effect. This would
apply to all contracts, rules, regulations, loans, grants, and
suits related to the transfer required by Section 203(a).
Section 203(f) would give the Office of Management and
Budget (OMB) the authority to transfer all assets and
unexpended balances from DoL to VA as part of the transfer
required by Section 203(a).
Section 203(g) would authorize the continuation of current
delegations of authority by the Secretary of Labor to continue
when the functions are transferred to the VA Secretary under
Section 203(a).
Section 203(h) would grant the Director of OMB the
authority to make determinations of assets and incidental
transfers as it relates to the transfer under Section 203(a).
Section 203(i) would authorize that, for the purposes of
this Section, the vesting of a function in the new office of VA
shall be considered the transfer of this function.
Section 203(j) would require that existing appropriations
made to DoL for the administration of veterans programs would
remain available for necessary expenses related to the
termination and resolution of such functions, programs, and
activities.
Section 203(k) would require the Secretary of Labor and the
Secretary of Veterans Affairs to enter into a Memorandum of
Understanding (MOU) to carry out the transfer, no later than
180 days following enactment. The MOU would be required to
contain information on how VA is going to coordinate with DoL's
Employment and Training Agency to share performance measures
required by Section 203(l) and ensure coordination and avoid
duplication of services authorized by the Workforce Innovation
and Opportunity Act (P.L. 113-128). The Departments would be
required to submit this MOU to the Committee on Veterans'
Affairs and the Committee on Education and the Workforce of the
House of Representatives, and the Committee on Veterans'
Affairs and the Committee on Health, Education, Labor, and
Pensions of the Senate.
Section 203(l) would require VA to create performance and
accountability standards for the programs that would be
transferred under Section 203(a), which would meet or exceed
the standards under section 103 of the Workforce Innovation and
Opportunity Act (P.L. 113-128). Additionally, the VA Secretary
would be required to ensure that each State submits a joint
plan that also meets or exceeds the requirements of section 103
of the Workforce Innovation and Opportunity Act (P.L. 113-128)
for activities authorized under chapter 41 of title 38, U.S.C.
Section 203(m) would define several terms used in this
Section. The term ``function'' would include any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program. The term ``office'' would include any
office administration agency, bureau, institute, council, unit,
organizational entity, or component thereof.
Section 204. Deputy Under Secretary of Veterans Affairs for veterans
Employment, Training, and Transition
Section 204 would amend section 4102(A) of title 38,
U.S.C., to clarify that the Deputy Under Secretary for
Employment, Training, and Transition established by subsection
8001(c)(2) of title 38, U.S.C., will oversee all employment and
training programs under chapters 41 and 43 of title 38, U.S.C.
Section 205. Additional technical and conforming amendments
Section 205 would make various technical and conforming
amendments to title 38, U.S.C., related to the transfer of
veteran employment and training programs from DoL to VA and the
creation of the new Veterans Economic Opportunity and
Transition Administration at VA. These amendments would take
effect on October 1, 2016.
Section 206. Use of Federal Directory of New Hires
Section 206 would amend section 453A(h) of the Social
Security Act (42 U.S.C. 653a(h)) by adding a new paragraph (4)
that would authorize VA to access the information provided by
the Federal Directory of New Hires for tracking veteran
employment outcomes.
TITLE III--EDUCATIONAL ASSISTANCE AND VOCATIONAL REHABILITATION
Section 301. Modification and improvement of transfer of unused
education benefits to family members under Department of
Veteran Affairs Post-9/11 Educational Assistance Program.
Section 301(a) would amend section 3319(b)(1) of title 38,
U.S.C., by changing the service requirements needed for a
servicemember to transfer unused Post-9/11 G.I. Bill benefits
to eligible dependents. Current law requires that to be
eligible for the transfer, the servicemember must have served
six years on active duty and agree to serve an additional four
more years. This Section would modify this by requiring that to
be eligible, a servicemember serve ten years on active duty and
agree to serve an additional two years in order to transfer
Post-9/11 G.I. Bill benefits to eligible dependents.
Section 301(b) would amend section 3319(g)(1)(A) of title
38, U.S.C., by striking six years and inserting ten years for
the commencement of use of Post-9/11 G.I. Bill benefits by
eligible dependents.
Section 301(c) would amend section 3319(h)(3)(B) of title
38, U.S.C., by requiring the amount of the monthly stipend
described in sections 3313(c)(1)(B) and 3313(g)(3)(A)(ii) of
title 38 of U.S.C., payable to children eligible for Post-9/11
G.I. Bill benefits, to be equal to one half of what the
servicemember or veteran would receive.
Section 301(d) would make a clerical amendment to section
3319 of title 38, U.S.C., by striking ``armed forces'' each
place it appears and inserting ``Armed Services.''
Section 301(e) would make all amendments made by this
Section applicable to any transfer of entitlement under section
3319 of title 38, U.S.C., made on or after 180 days following
enactment of this section.
Section 302. Clarification of eligibility for Marine Gunnery Sergeant
John David Fry Scholarship.
Section 302(a) would amend section 701(d) of the Choice
Act, to state that for purposes of section 3311(f)(2) of title
38, U.S.C., and the receipt of Fry Scholarship education
benefits, any member of the Armed Services who died in the line
of duty during the period beginning on September 11, 2001 and
ending on December 31, 2005 is deemed to have died on January
1, 2006.
Section 302(b) would amend section 3311(f) of title 38,
U.S.C., to clarify that a surviving spouse may revoke the
decision to receive chapter 35 education assistance benefits in
lieu of the Fry Scholarship benefits made before the date of
enactment of this Section.
Section 302(c) would make a technical amendment to
paragraph 5 of section 3311(f) of title 38, U.S.C.
Section 302(d) would amend section 3317(a) of title 38,
U.S.C., to provide Yellow Ribbon Program eligibility for Fry
Recipients for any eligible education program commencing on or
after January 1, 2015.
Section 303. Approval of courses of education and training for purposes
of the Vocational Rehabilitation Program of the Department of
Veterans Affairs.
Section 303(a) would amend section 3104 of title 38,
U.S.C., to require that, to the maximum extent possible,
training courses approved for VR&E services under chapter 31 of
title 38, U.S.C., must be approved for education benefits under
the G.I. Bill through chapters 30 and 33 of title 38, U.S.C.
Section 303(b) would set the effective date for section
304(a) for one year after enactment of this Section.
Section 304. Authority to prioritize vocational rehabilitation services
based on need
Section 304 would amend section 3104 of title 38, U.S.C.,
to give the Secretary of Veterans Affairs the authority to
prioritize VR&E services provided to veterans based on need.
Section 304 would also require the Secretary of Veterans
Affairs to take the following factors into consideration when
determining need: disability ratings, severity of the
employment handicap(s), qualification for a program of
independent living, income, and any other factor the Secretary
of Veterans Affairs determines to be appropriate. The Section
would also require the Secretary of Veterans Affairs to submit
a plan to Congress no later than ninety days prior to making
any changes to the prioritization of VR&E services described by
this section.
Section 305. Recodification and improvement of election process for
Post-9/11 Educational Assistance Program
Section 305(a) would create section 3326 of title 38,
U.S.C., by re-codifying section 5003(c) of the Post-9/11
Veterans Educational Assistance Act of 2008 (P.L. 110-252).
Section 8(h) would be added to this Section and would authorize
VA, after January 1, 2016, to make an alternative election for
Post-9/11 G.I. Bill benefits if VA believes the veteran's
original choice was not in the veteran's best interests. Under
this Section, if VA makes this election, VA must notify the
veteran within seven days and the veteran would be given thirty
days in which he/she could change VA's decision.
Section 305(b) would make a clerical amendment to the table
of sections to include this new section 3326.
Section 305(c) would make a conforming repeal to subsection
(c) of section 5003 of the Post-9/11 Veterans Educational
Assistance Act of 2008 (P.L. 110-252).
Section 306. Clarification of assistance provided for certain flight
training
Section 306(a) would amend section 3313(c)(1)(A) of title
38, U.S.C., to subject flight training at public schools to the
cap on tuition and fees established by 3313(c)(1)(A)(ii) of
title 38, U.S.C. For FY 2015, this cap is $20,235. Under this
provision, students would not be allowed to take flight
training courses unless the training is specifically required
to obtain their degree.
Section 306(b) would amend section 3313(c)(1)(A)(ii)(II) of
title 38, U.S.C., to subject any program of education pursued
at a public institution of higher learning in which the school
enters into a contract or agreement with another entity to
provide the program of education, or a portion of the program,
to the cap established by 3313(c)(1)(A)(ii)(II) of title 38,
U.S.C. For FY 2015, this cap is $20,235.
Section 306(c) would require that these changes apply to
any quarter, semester, or term commencing on or after enactment
of the bill. Finally, the new rules would not go into effect
for current flight students for two additional years following
enactment.
Section 307. Consideration of certain time spent receiving medical care
from the Secretary of Defense as active duty for purposes of
eligibility for post-9/11 educational assistance
Section 307(a) would amend section 3301(1)(B) of title 38,
U.S.C., by inserting ``12301(h)'' after ``12301(g).''
Section 307(b) would apply the amendment made in Section
307(a) to any active duty service by a member of a reserve
component covered by section 12301(h) of title 10, U.S.C.,
beginning on or after 180 days following enactment of this Act.
Section 308. Work-study allowance
Section 308 would amend section 3485(a)(4) of title 38,
U.S.C., to strike ``June 30, 2013'' and insert ``June 30, 2013,
or the period beginning on June 30, 2016 and ending on June 30,
2021''.
Section 309. Vocational Rehabilitation and Education Action Plan
Section 309 would require the Secretary of Veterans
Affairs, not later than 270 days after enactment, to develop
and publish an action plan for improving the chapter 31
vocational rehabilitation services. Such plan shall include
each of the following:
(1) Comprehensive analysis and recommendations to
remedy workload management challenges at the regional
office level, including steps to reduce counselor
caseloads, particularly for counselors assisting
veterans with TBI and PTSD, and counselors with
educational and vocational counseling workloads.
(2) An analysis of why veterans with service-
connected disabilities tend to opt to use chapter 33
Post-9/11 GI Bill benefits rather than enroll in
chapter 31 vocational rehabilitation programs,
including an analysis of barriers to timely enrollment
in chapter 31 programs and barriers to a veteran
enrolling in the program of his or her choice.
(3) Recommendations and an implementation plan to
encourage more Post-9/11 veterans with service-
connected disabilities to participate in chapter 31
vocational rehabilitation programs;
(4) A national staff training program for vocational
rehabilitation counselors that includes:
(A) Training to help counselors understand
the profound disorientation that many service-
connected disabled veterans experience due to
their injuries;
(B) Training to help counselors partner with
veterans on individual rehabilitation plans;
and (C) Training on PTSD and other mental
health conditions and on moderate to severe
TBI, to improve the counselors' ability to help
affected veterans. This training shall include
information on the broad spectrum of such
conditions and their effect on an individual's
abilities and functional limitations.
Section 310. Reduction in redundancy and inefficiencies in vocational
rehabilitation claims processing.
Section 310(a) would require the Secretary to reduce
redundancy and inefficiencies in the processing of VR&E claims,
and would authorize additional funding for the Secretary to
improve IT programs that process claims for rehabilitation
programs under chapter 31 of title 38, U.S.C. The Section would
require that all payments made on behalf of participants in
VR&E be completed in one corporate IT solution. Additionally,
this Section would require that the IT enhancements support a
more accurate accounting of services and outcomes for VR&E
participants.
Section 310(b) would authorize $10 million to be
appropriated in FY 2016 to fund the enhancements that would be
required by Section 310(a).
Section 310(c) would require VA to submit a report to
Congress on the changes made by section 310(a) within 180 days
of the enactment of this Section.
TITLE IV-ADMINISTRATION OF EDUCATIONAL ASSISTANCE
Section 401. Centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational institutions
Section 401(a) would amend section 3684(a) of title 38,
U.S.C., by permitting a group, district, or consortium of
separately accredited educational institutions located in a
state to centralize the reporting of statutorily required G.I.
Bill enrollment information.
Section 401(b) would require that section 401(a) apply to
reports submitted on or after enactment of this section.
Section 402. Provision of information regarding veteran entitlement to
educational assistance
Section 402(a) would amend subchapter II of chapter 36 of
title 38, U.S.C., by adding a new section, 3699, which would
require VA to provide to G.I. Bill eligible schools access a
secure IT system that would allow the school to view students'
remaining entitlement for educational assistance.
Section 402(b) would make a clerical amendment to the table
of sections to include this new section 3699.
Section 403. Role of State approving agencies
Section 403(a) would amend 3672(b)(2)(A) of title 38,
U.S.C., to stipulate that an SAA will make the determination if
a public school's program of education meets the criteria to be
``deemed approved'' for educational assistance under section
3672 of title 38, U.S.C.
Section 403(b) would amend section 3675 of title 38,
U.S.C., to allow the SAAs to be jointly responsible with VA
(when acting as the SAA) for approving courses of education
that are not already approved by section 3672 of title 38,
U.S.C.
Section 404. Criteria used to approve courses
Section 404(a) would amend section 3676(c)(14) of title 38,
U.S.C., to ensure that any ``reasonable criteria'' used by the
SAAs to approve or deny approval of non-accredited programs of
education treat public, private, and proprietary for-profit
schools equally. This decision would be made by VA, in
consultation with the SAA, pursuant to regulations.
Section 404(b) would amend section 3675(b)(3) of title 38,
U.S.C., to ensure the standard set in section 404(a) applies to
accredited courses as well.
Section 404(c) stipulates that the application of this
section would apply to criteria developed on or after January
1, 2013, and for any criteria applied by the SAAs going forward
after October 1, 2015.
Section 405. Compliance surveys
Section 405(a) would amend section 3693 of title 38,
U.S.C., to require that educational institutions with at least
twenty G.I. Bill participants receive a compliance survey no
less than every two years. Under this Section, this survey
would ensure that the school is in compliance with all rules
and regulations related to G.I. Bill benefits. Additionally, VA
would be required to assign no less than one education
compliance specialist to work on compliance surveys for every
forty they intend to complete in one year. VA would be required
to work with the SAAs to annually set up the parameters of the
survey and ensure the SAA has a list of which schools they are
expected to complete compliance surveys at each year.
Section 405(b) would make various conforming amendments to
section 3693 of title 38, U.S.C.
Section 406. Survey of individuals using their entitlement to
educational assistance under the educational assistance
programs administered by the Secretary of Veterans Affairs
Section 406(a) would require that within 270 days of
enactment, VA shall enter into an agreement with a non-
government entity to conduct a survey of G.I. Bill
participants. The contract would require that the third party
non-government entity provide a copy of the survey to Congress
30 days before the survey begins, that the survey be completed
within 180 days after entering the contract, and that the
survey shall be conducted by electronic means or any other
means the third party deems appropriate.
Section 406(b) would require that the following topics be
included in the survey required by section 406(a): basic
demographic information of the participants, including military
specialty and level of education; the opinion of the
participants on TAP; the resources the participants used to
choose a school; the participants' educational goals when they
enrolled in their education or training program; the
participants' experience with processing their claims at VA;
the participants' experience with the school certifying
officials at their schools; any extra service or benefit
provided by the school to the participants; if the participants
had completed their program at the time of survey; if the
participants participated in the program on a full or part-time
basis; if the program led to employment for the participants;
if the participants were eligible for Vocational Rehabilitation
and Employment benefits under chapter 31 of title 38, U.S.C.;
any issues that prevented the participants from completing
their programs of education; if the participants were using
their own benefits for the program of education or if these
benefits were transferred to them; and any other matters the
Secretary determines appropriate.
Section 406(c) would require that no later than ninety days
following the completion of the survey, VA submit to the House
and Senate Committees on Veterans' Affairs an unedited version
of the results of the survey and a report that identifies any
recommendations of the Secretary related to the results of the
survey.
Section 407. Improvement of information technology of the Veterans
Benefit Administration of the Department of Veterans Affairs
Section 407(a) would require the Secretary of Veterans
Affairs, to the maximum extent possible, to make changes to IT
systems at VA to ensure that all original and supplemental
claims for Post-9/11 G.I. Bill benefits are processed
electronically using rules based processing and require little
to no human intervention.
Section 407(b) would require VA to submit a plan to
Congress within 180 days of enactment on the changes made
pursuant to section 407(a).
Section 407(c) would require that, no later than one year
after the date of enactment, VA submit a report to Congress on
the implementation of the changes and improvements made under
section 407(a) and 407(b).
Section 407(d) would authorize appropriations in the amount
of $30,000,000 to carry out this section during FY 2016 and FY
2017.
Section 408. Technical Amendment relating to In-State tuition rate for
individuals to whom entitlement is transferred under All
Volunteer Force Educational Assistance Program and Post-9/11
Educational Assistance
Section 408(a) would provide a technical amendment for
section 3679(c)(2)(B) of title 38, U.S.C., to clarify that
covered individuals include dependents of active duty
servicemembers.
Section 408(b) would stipulate that section 408(a) apply to
a course, semester, or term that begins on or after July 1,
2016.
TITLE V--OTHER MATTERS
Section 501. Amount of loan guaranteed Under Home Loan Program of
Department of Veterans Affairs
Section 501(a) would amend section 3703(a)(1) of title 38,
U.S.C., to eliminate a requirement that ties the current loan
limit for VA backed home loans to the Freddie Mac conforming
loan limit.
Section 501(b) would require that the changes that would be
made in section 501(a) apply to loans made on or after a date
that is 30 days after enactment of this section.
Section 502. Longitudinal study on job counseling, training, and
placement service for veterans
Section 502(a) would amend chapter 41 of title 38, U.S.C.,
by adding a new section 4415:
Sec. 4415(a) would require VA to enter into a contract with
a non-governmental entity to conduct a five year longitudinal
study of veteran employment programs under chapter 41 of title
38, U.S.C. The study would include veterans who have received
``intensive services'' under chapter 41, of title 38. U.S.C.;
veterans who have not received ``intensive services'' but did
receive other services authorized by chapter 41 of title 38,
U.S.C.; and veterans who did not seek or receive any services
under this chapter.
The study would be required to include the following
information on participants: (1) the average number of months
the participant spent on active duty; (2) the disability
ratings of participants; (3) any unemployment benefits received
by participants; (4) the average number of months the
participants were employed during the year covered by the
report; (5) the average annual starting and ending salary of
participants who were employed during the year covered by the
report; (6) the average annual income of participants; (7) the
average total household income of participants for the year
covered by the report; (8) the percentage of participants that
own their principle residences; (9) the employment status of
the participant; (10) in the case of participants who received
services under chapter 41 of title 38, U.S.C., whether the
participant believes the services helped them become employed;
(10) in the case of participants who believe the services
provided to them under chapter 41 of title 38, U.S.C., did help
them become employed, whether they retained their position of
employment for one year or longer, and whether they believe the
services helped them secure a higher wage; (11) the conditions
under which the participants were discharged or released from
the Armed Services; (12) whether the participants have used any
educational assistance under title 38, U.S.C., to which they
are entitled; (13) if the participants participated in a
rehabilitation program under chapter 31 of title 38, U.S.C.;
(14) demographic information on the participants; and (15) any
other information the Secretary deems appropriate.
Sec. 4415(b) would require that, no later than July 1 of
each year covered by the study, the Secretary shall submit a
report to the House and Senate Committees on Veterans' Affairs
on the outcomes of the longitudinal study required by section
502(a).
Section 502(b) would make a clerical amendment to the table
of sections to include this new section 4115.
Section 503. Limitations on subcontracts under contracts with small
business concerns owned and controlled by veterans
Section 503(a) would amend section 8127 of title 38,
U.S.C., by applying requirements under section 46 of the Small
Business Act to veteran-owned small businesses, including
reference to the term ``similarly situated entity'' to include
a subcontractor to veteran-owned small business. Before
awarding a contract that is counted for meeting relevant
veteran-owned small business goals, the Secretary of Veterans
Affairs would be required to obtain from the offeror a
certification that the offeror will comply with this Section,
specifying the exact performance requirements and acknowledging
that the certification is subject to section 1001 of title, 18,
U.S.C. Further, if the Secretary of Veterans Affairs determines
that a small business did not operate in good faith with
respect to these requirements that small business will be
subject to applicable penalties. This Section would also
require the VA Director of Small and Disadvantaged Business
Utilization and Chief Acquisition Officer to implement a
process to monitor compliance with these provisions and would
require the Chief Acquisition Officer to refer any violations
to the VA OIG. Finally, on November 30 of each year, the
Inspector General would submit to the House and Senate
Committees on Veterans' Affairs a report for the previous
fiscal year regarding the number of referred violations and the
disposition of each.
Section 503(b) would make this Section applicable to
contracts entered into after the date of enactment.
Section 504. Procedures for provision of certain information to state
veterans agencies to facilitate the furnishing of assistance
and benefits to veterans
Section 504(a) would require the Secretary to develop
procedures to share with State veterans' agencies, in an
electronic data format, certain information to facilitate the
furnishing of assistance and benefits to veterans.
Section 504(b) would require the Secretary to provide to
State veterans agencies, the following information as would be
required by section 504(a): (1) military service and separation
data; (2) a personal email address; (3) a personal telephone
number; and (4) a mailing address.
Section 504(c) would allow a veteran to elect not to have
their information shared with State veterans agencies under
section 504(a).
Section 504(d) would require the Secretary to ensure that
any information shared under section 504(a) is only shared with
State veterans agencies with government veterans service
officers for the administration and delivery of assistance and
benefits as specified by the Secretary.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
PART I. GENERAL PROVISIONS
Chapter Sec.
General........................................................101
* * * * * * *
PART V. BOARDS, ADMINISTRATIONS, AND SERVICES
* * * * * * *
8001Veterans Economic Opportunity and Transition Administration.......
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETE RANS AFFAIRS
Sec.
301. Department.
* * * * * * *
306A. Under Secretary for Veterans Economic Opportunity and Transition.
* * * * * * *
Sec. 306. Under Secretary for Benefits
(a) There is in the Department an Under Secretary for
Benefits, who is appointed by the President, by and with the
advice and consent of the Senate. The Under Secretary for
Benefits shall be appointed without regard to political
affiliation or activity and solely on the basis of demonstrated
ability in--
(1) fiscal management; and
(2) the administration of programs within the
Veterans Benefits Administration or programs of similar
content and scope.
(b) The Under Secretary for Benefits is the head of, and is
directly responsible to the Secretary for the operations of,
the Veterans Benefits Administration.
(c)(1) Whenever a vacancy in the position of Under Secretary
for Benefits occurs or is anticipated, the Secretary shall
establish a commission to recommend individuals to the
President for appointment to the position.
(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
[(A) Three persons representing education and
training, real estate, mortgage finance, and related
industries, and survivor benefits activities affected
by the Veterans Benefits Administration.]
[(B)] (A) Two persons representing veterans served by
the Veterans Benefits Administration.
[(C)] (B) Two persons who have experience in the
management of veterans benefits programs or programs of
similar content and scope.
[(D)] (C) The Deputy Secretary of Veterans Affairs.
[(E) The chairman of the Veterans' Advisory Committee
on Education formed under section 3692 of this title.]
[(F)] (D) One person who has held the position of
Under Secretary for Benefits (including service as
Chief Benefits Director of the Veterans'
Administration), if the Secretary determines that it is
desirable for such person to be a member of the
commission.
(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the
position of Under Secretary for Benefits. The commission shall
submit all recommendations to the Secretary. The Secretary
shall forward the recommendations to the President with any
comments the Secretary considers appropriate. Thereafter, the
President may request the commission to recommend additional
individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor
relations functions shall serve as the executive secretary of a
commission established under this subsection.
Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity and Transition, who
is appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary for Veterans
Economic Opportunity and Transition shall be appointed without
regard to political affiliation or activity and solely on the
basis of demonstrated ability in--
(1) information technology; and
(2) the administration of programs within the
Veterans Economic Opportunity and Transition
Administration or programs of similar content and
scope.
(b) Responsibilities.--The Under Secretary for Veterans
Economic Opportunity and Transition is the head of, and is
directly responsible to the Secretary for the operations of,
the Veterans Economic Opportunity and Transition
Administration.
(c) Vacancies.--(1) Whenever a vacancy in the position of
Under Secretary for Veterans Economic Opportunity and
Transition occurs or is anticipated, the Secretary shall
establish a commission to recommend individuals to the
President for appointment to the position.
(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
(A) Three persons representing education and
training, vocational rehabilitation, employment, real
estate, mortgage finance and related industries, and
survivor benefits activities affected by the Veterans
Economic Opportunity and Transition Administration.
(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition
Administration.
(C) Two persons who have experience in the management
of private sector benefits programs of similar content
and scope to the economic opportunity and transition
programs of the Department.
(D) The Deputy Secretary of Veterans Affairs.
(E) The chairman of the Veterans' Advisory Committee
on Education formed under section 3692 of this title.
(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity and
Transition, if the Secretary determines that it is
desirable for such person to be a member of the
commission.
(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the
position of Under Secretary for Veterans Economic Opportunity
and Transition. The commission shall submit all recommendations
to the Secretary. The Secretary shall forward the
recommendations to the President and the Committees on
Veterans' Affairs of the Senate and House of Representatives
with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to
recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor
relations functions shall serve as the executive secretary of a
commission established under this subsection.
(d) Qualifications of Recommended Individuals.--Each
individual recommended to the President by the commission for
appointment to the position of Under Secretary for Veterans
Economic Opportunity and Transition shall be an individual who
has held a senior level position in the private sector with
responsibilities relating to at least one of the following:
(1) Education policy.
(2) Vocational rehabilitation.
(3) Employment.
(4) Job placement.
(5) Home loan finance.
(6) Small business development.
* * * * * * *
Sec. 317. Center for Minority Veterans
(a) There is in the Department a Center for Minority
Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in
the Senior Executive Service. The Director shall be appointed
for a term of six years.
(c) The Director reports directly to the Secretary or the
Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with
respect to veterans who are minorities:
(1) Serve as principal adviser to the Secretary on
the adoption and implementation of policies and
programs affecting veterans who are minorities.
(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits,
the Under Secretary for Veterans Economic Opportunity
and Transition, and other Department officials for the
establishment or improvement of programs in the
Department for which veterans who are minorities are
eligible.
(3) Promote the use of benefits authorized by this
title by veterans who are minorities and the conduct of
outreach activities to veterans who are minorities, in
conjunction with outreach activities carried out under
chapter 77 of this title.
(4) Disseminate information and serve as a resource
center for the exchange of information regarding
innovative and successful programs which improve the
services available to veterans who are minorities.
(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are
minorities and the extent to which programs authorized
under this title meet the needs of those veterans,
without regard to any law concerning the collection of
information from the public.
(6) Analyze and evaluate complaints made by or on
behalf of veterans who are minorities about the
adequacy and timeliness of services provided by the
Department and advise the appropriate official of the
Department of the results of such analysis or
evaluation.
(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are minorities.
(8) Advise the Secretary when laws or policies have
the effect of discouraging the use of benefits by
veterans who are minorities.
(9) Publicize the results of medical research which
are of particular significance to veterans who are
minorities.
(10) Advise the Secretary and other appropriate
officials on the effectiveness of the Department's
efforts to accomplish the goals of section 492B of the
Public Health Service Act (42 U.S.C. 289a-2) with
respect to the inclusion of minorities in clinical
research and on particular health conditions affecting
the health of members of minority groups which should
be studied as part of the Department's medical research
program and promote cooperation between the Department
and other sponsors of medical research of potential
benefit to veterans who are minorities.
(11) Provide support and administrative services to
the Advisory Committee on Minority Veterans provided
for under section 544 of this title.
(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the
functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget
for each fiscal year--
(1) detailed information on the budget for the
Center;
(2) the Secretary's opinion as to whether the
resources (including the number of employees) proposed
in the budget for that fiscal year are adequate to
enable the Center to comply with its statutory and
regulatory duties; and
(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.
(g) In this section--
(1) The term ``veterans who are minorities'' means
veterans who are minority group members.
(2) The term ``minority group member'' has the
meaning given such term in section 544(d) of this
title.
Sec. 318. Center for Women Veterans
(a) There is in the Department a Center for Women Veterans.
There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in
the Senior Executive Service. The Director shall be appointed
for a term of six years.
(c) The Director reports directly to the Secretary or the
Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with
respect to veterans who are women:
(1) Serve as principal adviser to the Secretary on
the adoption and implementation of policies and
programs affecting veterans who are women.
(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits,
the Under Secretary for Veterans Economic Opportunity
and Transition, and other Department officials for the
establishment or improvement of programs in the
Department for which veterans who are women are
eligible.
(3) Promote the use of benefits authorized by this
title by veterans who are women and the conduct of
outreach activities to veterans who are women, in
conjunction with outreach activities carried out under
chapter 77 of this title.
(4) Disseminate information and serve as a resource
center for the exchange of information regarding
innovative and successful programs which improve the
services available to veterans who are women.
(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are
women and the extent to which programs authorized under
this title meet the needs of those veterans, without
regard to any law concerning the collection of
information from the public.
(6) Analyze and evaluate complaints made by or on
behalf of veterans who are women about the adequacy and
timeliness of services provided by the Department and
advise the appropriate official of the Department of
the results of such analysis or evaluation.
(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are women.
(8) Advise the Secretary when laws or policies have
the effect of discouraging the use of benefits by
veterans who are women.
(9) Publicize the results of medical research which
are of particular significance to veterans who are
women.
(10) Advise the Secretary and other appropriate
officials on the effectiveness of the Department's
efforts to accomplish the goals of section 492B of the
Public Health Service Act (42 U.S.C. 289a-2) with
respect to the inclusion of women in clinical research
and on particular health conditions affecting women's
health which should be studied as part of the
Department's medical research program and promote
cooperation between the Department and other sponsors
of medical research of potential benefit to veterans
who are women.
(11) Provide support and administrative services to
the Advisory Committee on Women Veterans established
under section 542 of this title.
(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the
functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget
for each fiscal year--
(1) detailed information on the budget for the
Center;
(2) the Secretary's opinion as to whether the
resources (including the number of employees) proposed
in the budget for that fiscal year are adequate to
enable the Center to comply with its statutory and
regulatory duties; and
(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.
* * * * * * *
CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I--GENERAL AUTHORITIES
* * * * * * *
Sec. 516. Equal employment responsibilities
(a) The Secretary shall provide that the employment
discrimination complaint resolution system within the
Department be established and administered so as to encourage
timely and fair resolution of concerns and complaints. The
Secretary shall take steps to ensure that the system is
administered in an objective, fair, and effective manner and in
a manner that is perceived by employees and other interested
parties as being objective, fair, and effective.
(b) The Secretary shall provide--
(1) that employees responsible for counseling
functions associated with employment discrimination and
for receiving, investigating, and processing complaints
of employment discrimination shall be supervised in
those functions by, and report to, an Assistant
Secretary or a Deputy Assistant Secretary for complaint
resolution management; and
(2) that employees performing employment
discrimination complaint resolution functions at a
facility of the Department shall not be subject to the
authority, direction, and control of the Director of
the facility with respect to those functions.
(c) The Secretary shall ensure that all employees of the
Department receive adequate education and training for the
purposes of this section and section 319 of this title.
(d) The Secretary shall, when appropriate, impose
disciplinary measures, as authorized by law, in the case of
employees of the Department who engage in unlawful employment
discrimination, including retaliation against an employee
asserting rights under an equal employment opportunity law.
(e)(1)(A) Not later than 45 days after the end of each
calendar quarter, the Assistant Secretary for Human Resources
and Administration shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
summarizing the employment discrimination complaints filed
against the individuals referred to in paragraph (2) during
such quarter.
(B) Subparagraph (A) shall apply in the case of complaints
filed against individuals on the basis of such individuals'
personal conduct and shall not apply in the case of complaints
filed solely on the basis of such individuals' positions as
officials of the Department.
(2) Paragraph (1) applies to the following officers and
employees of the Department:
(A) The Secretary.
(B) The Deputy Secretary of Veterans Affairs.
(C) The Under Secretary for [Health and the Under
Secretary for Benefits] Health, the Under Secretary for
Benefits, and the Under Secretary for Veterans Economic
Opportunity and Transition.
(D) Each Assistant Secretary of Veterans Affairs and
each Deputy Assistant Secretary of Veterans Affairs.
(E) The Under Secretary of Veterans Affairs for
Memorial Affairs.
(F) The General Counsel of the Department.
(G) The Chairman of the Board of Veterans' Appeals.
(H) The Chairman of the Board of Contract Appeals of
the Department.
(I) The director and the chief of staff of each
medical center of the Department.
(J) The director of each Veterans Integrated Services
Network.
(K) The director of each regional office of the
Department.
(L) Each program director of the Central Office of
the Department.
(3) Each report under this subsection--
(A) may not disclose information which identifies the
individuals filing, or the individuals who are the
subject of, the complaints concerned or the facilities
at which the discrimination identified in such
complaints is alleged to have occurred;
(B) shall summarize such complaints by type and by
equal employment opportunity field office area in which
filed; and
(C) shall include copies of such complaints, with the
information described in subparagraph (A) redacted.
(4) Not later than April 1 each year, the Assistant Secretary
shall submit to the committees referred to in paragraph (1)(A)
a report on the complaints covered by paragraph (1) during the
preceding year, including the number of such complaints filed
during that year and the status and resolution of the
investigation of such complaints.
(f) The Secretary shall ensure that an employee of the
Department who seeks counseling relating to employment
discrimination may elect to receive such counseling from an
employee of the Department who carries out equal employment
opportunity counseling functions on a full-time basis rather
than from an employee of the Department who carries out such
functions on a part-time basis.
(g) The number of employees of the Department whose duties
include equal employment opportunity counseling functions as
well as other, unrelated functions may not exceed 40 full-time
equivalent employees. Any such employee may be assigned equal
employment opportunity counseling functions only at Department
facilities in remote geographic locations (as determined by the
Secretary). The Secretary may waive the limitation in the
preceding sentence in specific cases.
(h) The provisions of this section shall be implemented in a
manner consistent with procedures applicable under regulations
prescribed by the Equal Employment Opportunity Commission.
* * * * * * *
SUBCHAPTER III--ADVISORY COMMITTEES
Sec. 541. Advisory Committee on Former Prisoners of War
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Former Prisoners of War
(hereinafter in this section referred to as the ``Committee'').
(2)(A) The members of the Committee shall be appointed by the
Secretary from the general public and shall include--
(i) appropriate representatives of veterans who are
former prisoners of war;
(ii) individuals who are recognized authorities in
fields pertinent to disabilities prevalent among former
prisoners of war, including authorities in
epidemiology, mental health, nutrition, geriatrics, and
internal medicine; and
(iii) appropriate representatives of disabled
veterans.
(B) The Committee shall also include, as ex officio members,
the Under Secretary for [Health and the Under Secretary for
Benefits] Health, the Under Secretary for Benefits, and the
Under Secretary for Veterans Economic Opportunity and
Transition, or their designees.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that the term of service of
any such member may not exceed three years.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits under this title for veterans who
are former prisoners of war and the needs of such veterans with
respect to compensation, health care, and rehabilitation.
(c)(1) Not later than July 1 of each odd-numbered year
through 2009, the Committee shall submit to the Secretary a
report on the programs and activities of the Department that
pertain to veterans who are former prisoners of war. Each such
report shall include--
(A) an assessment of the needs of such veterans with
respect to compensation, health care, and
rehabilitation;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers to be appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of
the report, together with any comments concerning the report
that the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted to the Congress pursuant to that
section.
Sec. 542. Advisory Committee on Women Veterans
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Women Veterans
(hereinafter in this section referred to as ``the Committee'').
(2)(A) The Committee shall consist of members appointed by
the Secretary from the general public, including--
(i) representatives of women veterans;
(ii) individuals who are recognized authorities in
fields pertinent to the needs of women veterans,
including the gender-specific health-care needs of
women;
(iii) representatives of both female and male
veterans with service-connected disabilities, including
at least one female veteran with a service-connected
disability and at least one male veteran with a
service-connected disability; and
(iv) women veterans who are recently separated from
service in the Armed Forces.
(B) The Committee shall include, as ex officio members--
[(i) the Secretary of Labor (or a representative of
the Secretary of Labor designated by the Secretary
after consultation with the Assistant Secretary of
Labor for Veterans' Employment);]
[(ii)] (i) the Secretary of Defense (or a
representative of the Secretary of Defense designated
by the Secretary of Defense after consultation with the
Defense Advisory Committee on Women in the Services);
and
[(iii)] (ii) the Under Secretary for [Health and the
Under Secretary for Benefits] Health, the Under
Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition, or their
designees.
(C) The Secretary may invite representatives of other
departments and agencies of the United States to participate in
the meetings and other activities of the Committee.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that a term of service of
any such member may not exceed three years. The Secretary may
reappoint any such member for additional terms of service.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits by the Department for women
veterans, reports and studies pertaining to women veterans and
the needs of women veterans with respect to compensation,
health care, rehabilitation, outreach, and other benefits and
programs administered by the Department, including the Center
for Women Veterans.
(c)(1) Not later than July 1 of each even-numbered year, the
Committee shall submit to the Secretary a report on the
programs and activities of the Department that pertain to women
veterans. Each such report shall include--
(A) an assessment of the needs of women veterans with
respect to compensation, health care, rehabilitation,
outreach, and other benefits and programs administered
by the Department;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of
the report, together with any comments concerning the report
that the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted pursuant to such section.
* * * * * * *
Sec. 544. Advisory Committee on Minority Veterans
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Minority Veterans
(hereinafter in this section referred to as ``the Committee'').
(2)(A) The Committee shall consist of members appointed by
the Secretary from the general public, including--
(i) representatives of veterans who are minority
group members;
(ii) individuals who are recognized authorities in
fields pertinent to the needs of veterans who are
minority group members;
(iii) veterans who are minority group members and who
have experience in a military theater of operations;
(iv) veterans who are minority group members and who
do not have such experience; and
(v) women veterans who are minority group members and
are recently separated from service in the Armed
Forces.
(B) The Committee shall include, as ex officio members, the
following:
[(i) The Secretary of Labor (or a representative of
the Secretary of Labor designated by the Secretary
after consultation with the Assistant Secretary of
Labor for Veterans' Employment).]
[(ii)] (i) The Secretary of Defense (or a
representative of the Secretary of Defense designated
by the Secretary of Defense).
[(iii)] (ii) The Secretary of the Interior (or a
representative of the Secretary of the Interior
designated by the Secretary of the Interior).
[(iv)] (iii) The Secretary of Commerce (or a
representative of the Secretary of Commerce designated
by the Secretary of Commerce).
[(v)] (iv) The Secretary of Health and Human Services
(or a representative of the Secretary of Health and
Human Services designated by the Secretary of Health
and Human Services).
[(vi)] (v) The Under Secretary for [Health and the
Under Secretary for Benefits] Health, the Under
Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition, or their
designees.
(C) The Secretary may invite representatives of other
departments and agencies of the United States to participate in
the meetings and other activities of the Committee.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that a term of service of
any such member may not exceed three years. The Secretary may
reappoint any such member for additional terms of service.
(4) The Committee shall meet as often as the Secretary
considers necessary or appropriate, but not less often than
twice each fiscal year.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits by the Department for veterans who
are minority group members, reports and studies pertaining to
such veterans and the needs of such veterans with respect to
compensation, health care, rehabilitation, outreach, and other
benefits and programs administered by the Department, including
the Center for Minority Veterans.
(c)(1) Not later than July 1 of each year, the Committee
shall submit to the Secretary a report on the programs and
activities of the Department that pertain to veterans who are
minority group members. Each such report shall include--
(A) an assessment of the needs of veterans who are
minority group members with respect to compensation,
health care, rehabilitation, outreach, and other
benefits and programs administered by the Department;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to Congress a copy of the
report, together with any comments concerning the report that
the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted pursuant to such section.
(d) In this section, the term ``minority group member'' means
an individual who is--
(1) Asian American;
(2) Black;
(3) Hispanic;
(4) Native American (including American Indian,
Alaskan Native, and Native Hawaiian); or
(5) Pacific-Islander American.
(e) The Committee shall cease to exist December 31, 2015.
* * * * * * *
CHAPTER 7--EMPLOYEES
* * * * * * *
Sec. 709. Employment restrictions
(a)(1) Notwithstanding section 3134(d) of title 5, the number
of Senior Executive Service positions in the Department which
are filled by noncareer appointees in any fiscal year may not
at any time exceed 5 percent of the average number of senior
executives employed in Senior Executive Service positions in
the Department during the preceding fiscal year.
(2) For purposes of this subsection, the average number of
senior executives employed in Senior Executive Service
positions in the Department during a fiscal year shall be equal
to 25 percent of the sum of the total number of senior
executives employed in Senior Executive Service positions in
the Department on the last day of each quarter of such fiscal
year.
(b) The number of positions in the Department which may be
excepted from the competitive service, on a temporary or
permanent basis, because of their confidential or policy-
determining character may not at any time exceed the equivalent
of 15 positions.
(c)(1) Political affiliation or activity may not be taken
into account in connection with the appointment of any person
to any position in or to perform any service for the Department
or in the assignment or advancement of any employee in the
Department.
(2) Paragraph (1) shall not apply--
(A) to the appointment of any person by the President
under this title, other than the appointment of the
Under Secretary for Health, the Under Secretary for
Benefits, the Under Secretary for Veterans Economic
Opportunity and Transition, and the Inspector General;
or
(B) to the appointment of any person to (i) a Senior
Executive Service position as a noncareer appointee, or
(ii) a position that is excepted from the competitive
service, on a temporary or permanent basis, because of
the confidential or policy-determining character of the
position.
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 1705. Management of health care: patient enrollment system
(a) In managing the provision of hospital care and medical
services under section 1710(a) of this title, the Secretary, in
accordance with regulations the Secretary shall prescribe,
shall establish and operate a system of annual patient
enrollment. The Secretary shall manage the enrollment of
veterans in accordance with the following priorities, in the
order listed:
(1) Veterans with service-connected disabilities
rated 50 percent or greater[.] and veterans who were
awarded the medal of honor under section 3741, 6241, or
8741 of title 10 or section 491 of title 14.
(2) Veterans with service-connected disabilities
rated 30 percent or 40 percent.
(3) Veterans who are former prisoners of war or who
were awarded the Purple Heart, [veterans who were
awarded the medal of honor under section 3741, 6241, or
8741 of title 10 or section 491 of title 14,] veterans
with service-connected disabilities rated 10 percent or
20 percent, and veterans described in subparagraphs (B)
and (C) of section 1710(a)(2) of this title.
(4) Veterans who are in receipt of increased pension
based on a need of regular aid and attendance or by
reason of being permanently housebound and other
veterans who are catastrophically disabled.
(5) Veterans not covered by paragraphs (1) through
(4) who are unable to defray the expenses of necessary
care as determined under section 1722(a) of this title.
(6) All other veterans eligible for hospital care,
medical services, and nursing home care under section
1710(a)(2) of this title.
(7) Veterans described in section 1710(a)(3) of this
title who are eligible for treatment as a low-income
family under section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)) for the area in which
such veterans reside, regardless of whether such
veterans are treated as single person families under
paragraph (3)(A) of such section 3(b) or as families
under paragraph (3)(B) of such section 3(b).
(8) Veterans described in section 1710(a)(3) of this
title who are not covered by paragraph (7).
(b) In the design of an enrollment system under subsection
(a), the Secretary--
(1) shall ensure that the system will be managed in a
manner to ensure that the provision of care to
enrollees is timely and acceptable in quality;
(2) may establish additional priorities within each
priority group specified in subsection (a), as the
Secretary determines necessary; and
(3) may provide for exceptions to the specified
priorities where dictated by compelling medical
reasons.
(c)(1) The Secretary may not provide hospital care or medical
services to a veteran under paragraph (2) or (3) of section
1710(a) of this title unless the veteran enrolls in the system
of patient enrollment established by the Secretary under
subsection (a).
(2) The Secretary shall provide hospital care and medical
services under section 1710(a)(1) of this title, and under
subparagraph (B) of section 1710(a)(2) of this title, for the
12-month period following such veteran's discharge or release
from service, to any veteran referred to in such sections for a
disability specified in the applicable subparagraph of such
section, notwithstanding the failure of the veteran to enroll
in the system of patient enrollment referred to in subsection
(a) of this section.
* * * * * * *
SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL
TREATMENT
Sec. 1710. Eligibility for hospital, nursing home, and domiciliary care
(a)(1) The Secretary (subject to paragraph (4)) shall furnish
hospital care and medical services which the Secretary
determines to be needed--
(A) to any veteran for a service-connected
disability; and
(B) to any veteran who has a service-connected
disability rated at 50 percent or more.
(2) The Secretary (subject to paragraph (4)) shall furnish
hospital care and medical services, and may furnish nursing
home care, which the Secretary determines to be needed to any
veteran--
(A) who has a compensable service-connected
disability rated less than 50 percent or, with respect
to nursing home care during any period during which the
provisions of section 1710A(a) of this title are in
effect, a compensable service-connected disability
rated less than 70 percent;
(B) whose discharge or release from active military,
naval, or air service was for a disability that was
incurred or aggravated in the line of duty;
(C) who is in receipt of, or who, but for a
suspension pursuant to section 1151 of this title (or
both a suspension and the receipt of retired pay),
would be entitled to disability compensation, but only
to the extent that such veteran's continuing
eligibility for such care is provided for in the
judgment or settlement provided for in such section;
(D) who is a former prisoner of war, who was awarded
the medal of honor under section 3741, 6241, or 8741 of
title 10 or section 491 of title 14, or who was awarded
the Purple Heart;
(E) who is a veteran of the Mexican border period or
of World War I;
(F) who was exposed to a toxic substance, radiation,
or other conditions, as provided in subsection (e); or
(G) who is unable to defray the expenses of necessary
care as determined under section 1722(a) of this title.
(3) In the case of a veteran who is not described in
paragraphs (1) and (2), the Secretary may, to the extent
resources and facilities are available and subject to the
provisions of subsections (f) and (g), furnish hospital care,
medical services, and nursing home care which the Secretary
determines to be needed.
(4) The requirement in paragraphs (1) and (2) that the
Secretary furnish hospital care and medical services, the
requirement in section 1710A(a) of this title that the
Secretary provide nursing home care, the requirement in section
1710B of this title that the Secretary provide a program of
extended care services, and the requirement in section 1745 of
this title to provide nursing home care and prescription
medicines to veterans with service-connected disabilities in
State homes shall be effective in any fiscal year only to the
extent and in the amount provided in advance in appropriations
Acts for such purposes.
(5) During any period during which the provisions of section
1710A(a) of this title are not in effect, the Secretary may
furnish nursing home care which the Secretary determines is
needed to any veteran described in paragraph (1), with the
priority for such care on the same basis as if provided under
that paragraph.
(b)(1) The Secretary may furnish to a veteran described in
paragraph (2) of this subsection such domiciliary care as the
Secretary determines is needed for the purpose of the
furnishing of medical services to the veteran.
(2) This subsection applies in the case of the following
veterans:
(A) Any veteran whose annual income (as determined
under section 1503 of this title) does not exceed the
maximum annual rate of pension that would be applicable
to the veteran if the veteran were eligible for pension
under section 1521(d) of this title.
(B) Any veteran who the Secretary determines has no
adequate means of support.
(c) While any veteran is receiving hospital care or nursing
home care in any Department facility, the Secretary may, within
the limits of Department facilities, furnish medical services
to correct or treat any non-service-connected disability of
such veteran, in addition to treatment incident to the
disability for which such veteran is hospitalized, if the
veteran is willing, and the Secretary finds such services to be
reasonably necessary to protect the health of such veteran. The
Secretary may furnish dental services and treatment, and
related dental appliances, under this subsection for a non-
service-connected dental condition or disability of a veteran
only (1) to the extent that the Secretary determines that the
dental facilities of the Department to be used to furnish such
services, treatment, or appliances are not needed to furnish
services, treatment, or appliances for dental conditions or
disabilities described in section 1712(a) of this title, or (2)
if (A) such non-service-connected dental condition or
disability is associated with or aggravating a disability for
which such veteran is receiving hospital care, or (B) a
compelling medical reason or a dental emergency requires
furnishing dental services, treatment, or appliances (excluding
the furnishing of such services, treatment, or appliances of a
routine nature) to such veteran during the period of
hospitalization under this section.
(d) In no case may nursing home care be furnished in a
hospital not under the direct jurisdiction of the Secretary
except as provided in section 1720 of this title.
(e)(1)(A) A Vietnam-era herbicide-exposed veteran is eligible
(subject to paragraph (2)) for hospital care, medical services,
and nursing home care under subsection (a)(2)(F) for any
disability, notwithstanding that there is insufficient medical
evidence to conclude that such disability may be associated
with such exposure.
(B) A radiation-exposed veteran is eligible for hospital
care, medical services, and nursing home care under subsection
(a)(2)(F) for any disease suffered by the veteran that is--
(i) a disease listed in section 1112(c)(2) of this
title; or
(ii) any other disease for which the Secretary, based
on the advice of the Advisory Committee on
Environmental Hazards, determines that there is
credible evidence of a positive association between
occurrence of the disease in humans and exposure to
ionizing radiation.
(C) Subject to paragraph (2) of this subsection, a veteran
who served on active duty between August 2, 1990, and November
11, 1998, in the Southwest Asia theater of operations during
the Persian Gulf War is eligible for hospital care, medical
services, and nursing home care under subsection (a)(2)(F) for
any disability, notwithstanding that there is insufficient
medical evidence to conclude that such disability may be
associated with such service.
(D) Subject to paragraphs (2) and (3), a veteran who served
on active duty in a theater of combat operations (as determined
by the Secretary in consultation with the Secretary of Defense)
during a period of war after the Persian Gulf War, or in combat
against a hostile force during a period of hostilities (as
defined in section 1712A(a)(2)(B) of this title) after November
11, 1998, is eligible for hospital care, medical services, and
nursing home care under subsection (a)(2)(F) for any illness,
notwithstanding that there is insufficient medical evidence to
conclude that such condition is attributable to such service.
(E) Subject to paragraph (2), a veteran who participated in a
test conducted by the Department of Defense Deseret Test Center
as part of a program for chemical and biological warfare
testing from 1962 through 1973 (including the program
designated as ``Project Shipboard Hazard and Defense (SHAD)''
and related land-based tests) is eligible for hospital care,
medical services, and nursing home care under subsection
(a)(2)(F) for any illness, notwithstanding that there is
insufficient medical evidence to conclude that such illness is
attributable to such testing.
(F) Subject to paragraph (2), a veteran who served on active
duty in the Armed Forces at Camp Lejeune, North Carolina, for
not fewer than 30 days during the period beginning on August 1,
1953 and ending on December 31, 1987, is eligible for hospital
care and medical services under subsection (a)(2)(F) for any of
the following illnesses or conditions, notwithstanding that
there is insufficient medical evidence to conclude that such
illnesses or conditions are attributable to such service:
(i) Esophageal cancer.
(ii) Lung cancer.
(iii) Breast cancer.
(iv) Bladder cancer.
(v) Kidney cancer.
(vi) Leukemia.
(vii) Multiple myeloma.
(viii) Myleodysplasic syndromes.
(ix) Renal toxicity.
(x) Hepatic steatosis.
(xi) Female infertility.
(xii) Miscarriage.
(xiii) Scleroderma.
(xiv) Neurobehavioral effects.
(xv) Non-Hodgkin's lymphoma.
(2)(A) In the case of a veteran described in paragraph
(1)(A), hospital care, medical services, and nursing home care
may not be provided under subsection (a)(2)(F) with respect
to--
(i) a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to
have resulted from a cause other than an exposure
described in paragraph (4)(A)(ii); or
(ii) a disease for which the National Academy of
Sciences, in a report issued in accordance with section
3 of the Agent Orange Act of 1991, has determined that
there is limited or suggestive evidence of the lack of
a positive association between occurrence of the
disease in humans and exposure to a herbicide agent.
(B) In the case of a veteran described in subparagraph (C),
(D), (E), or (F) of paragraph (1), hospital care, medical
services, and nursing home care may not be provided under
subsection (a)(2)(F) with respect to a disability that is
found, in accordance with guidelines issued by the Under
Secretary for Health, to have resulted from a cause other than
the service or testing described in such subparagraph.
(3) In the case of care for a veteran described in paragraph
(1)(D), hospital care, medical services, and nursing home care
may be provided under or by virtue of subsection (a)(2)(F) only
during the following periods:
(A) Except as provided by subparagraph (B), with
respect to a veteran described in paragraph (1)(D) who
is discharged or released from the active military,
naval, or air service after January 27, 2003, the five-
year period beginning on the date of such discharge or
release.
(B) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active
military, naval, or air service after January 1, 2009,
and before January 1, 2011, but did not enroll to
receive such hospital care, medical services, or
nursing home care pursuant to such paragraph during the
five-year period described in subparagraph (A), the
one-year period beginning on the date of the enactment
of the Clay Hunt Suicide Prevention for American
Veterans Act.
(C) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active
military, naval, or air service on or before January
27, 2003, and did not enroll in the patient enrollment
system under section 1705 of this title on or before
such date, the three-year period beginning on January
27, 2008.
(4) For purposes of this subsection--
(A) The term ``Vietnam-era herbicide-exposed
veteran'' means a veteran (i) who served on active duty
in the Republic of Vietnam during the during the period
beginning on January 9, 1962, and ending on May 7,
1975, and (ii) who the Secretary finds may have been
exposed during such service to dioxin or was exposed
during such service to a toxic substance found in a
herbicide or defoliant used for military purposes
during such period.
(B) The term ``radiation-exposed veteran'' has the
meaning given that term in section 1112(c)(3) of this
title.
(5) When the Secretary first provides care for veterans using
the authority provided in paragraph (1)(D), the Secretary shall
establish a system for collection and analysis of information
on the general health status and health care utilization
patterns of veterans receiving care under that paragraph. Not
later than 18 months after first providing care under such
authority, the Secretary shall submit to Congress a report on
the experience under that authority. The Secretary shall
include in the report any recommendations of the Secretary for
extension of that authority.
(f)(1) The Secretary may not furnish hospital care or nursing
home care (except if such care constitutes hospice care) under
this section to a veteran who is eligible for such care under
subsection (a)(3) of this section unless the veteran agrees to
pay to the United States the applicable amount determined under
paragraph (2) or (4) of this subsection.
(2) A veteran who is furnished hospital care or nursing home
care under this section and who is required under paragraph (1)
of this subsection to agree to pay an amount to the United
States in order to be furnished such care shall be liable to
the United States for an amount equal to--
(A) the lesser of--
(i) the cost of furnishing such care, as
determined by the Secretary; or
(ii) the amount determined under paragraph
(3) of this subsection; and
(B) before September 30, 2015, an amount equal to $10
for every day the veteran receives hospital care and $5
for every day the veteran receives nursing home care.
(3)(A) In the case of hospital care furnished during any 365-
day period, the amount referred to in paragraph (2)(A)(ii) of
this subsection is--
(i) the amount of the inpatient Medicare deductible,
plus (ii) one-half of such amount for each 90 days of
care (or fraction thereof) after the first 90 days of
such care during such 365-day period.
(B) In the case of nursing home care furnished during any
365-day period, the amount referred to in paragraph (2)(A)(ii)
of this subsection is the amount of the inpatient Medicare
deductible for each 90 days of such care (or fraction thereof)
during such 365-day period.
(C)(i) Except as provided in clause (ii) of this
subparagraph, in the case of a veteran who is admitted for
nursing home care under this section after being furnished,
during the preceding 365-day period, hospital care for which
the veteran has paid the amount of the inpatient Medicare
deductible under this subsection and who has not been furnished
90 days of hospital care in connection with such payment, the
veteran shall not incur any liability under paragraph (2) of
this subsection with respect to such nursing home care until--
(I) the veteran has been furnished, beginning with
the first day of such hospital care furnished in
connection with such payment, a total of 90 days of
hospital care and nursing home care; or
(II) the end of the 365-day period applicable to the
hospital care for which payment was made,
whichever occurs first.
(ii) In the case of a veteran who is admitted for nursing
home care under this section after being furnished, during any
365-day period, hospital care for which the veteran has paid an
amount under subparagraph (A)(ii) of this paragraph and who has
not been furnished 90 days of hospital care in connection with
such payment, the amount of the liability of the veteran under
paragraph (2) of this subsection with respect to the number of
days of such nursing home care which, when added to the number
of days of such hospital care, is 90 or less, is the difference
between the inpatient Medicare deductible and the amount paid
under such subparagraph until--
(I) the veteran has been furnished, beginning with
the first day of such hospital care furnished in
connection with such payment, a total of 90 days of
hospital care and nursing home care; or
(II) the end of the 365-day period applicable to the
hospital care for which payment was made,
whichever occurs first.
(D) In the case of a veteran who is admitted for hospital
care under this section after having been furnished, during the
preceding 365-day period, nursing home care for which the
veteran has paid the amount of the inpatient Medicare
deductible under this subsection and who has not been furnished
90 days of nursing home care in connection with such payment,
the veteran shall not incur any liability under paragraph (2)
of this subsection with respect to such hospital care until--
(i) the veteran has been furnished, beginning with
the first day of such nursing home care furnished in
connection with such payment, a total of 90 days of
nursing home care and hospital care; or
(ii) the end of the 365-day period applicable to the
nursing home care for which payment was made,
whichever occurs first.
(E) A veteran may not be required to make a payment under
this subsection for hospital care or nursing home care
furnished under this section during any 90-day period in which
the veteran is furnished medical services under paragraph (3)
of subsection (a) to the extent that such payment would cause
the total amount paid by the veteran under this subsection for
hospital care and nursing home care furnished during that
period and under subsection (g) for medical services furnished
during that period to exceed the amount of the inpatient
Medicare deductible in effect on the first day of such period.
(F) A veteran may not be required to make a payment under
this subsection or subsection (g) for any days of care in
excess of 360 days of care during any 365-calendar-day period.
(4) In the case of a veteran covered by this subsection who
is also described by section 1705(a)(7) of this title, the
amount for which the veteran shall be liable to the United
States for hospital care under this subsection shall be an
amount equal to 20 percent of the total amount for which the
veteran would otherwise be liable for such care under
subparagraphs (2)(B) and (3)(A) but for this paragraph.
(5) For the purposes of this subsection, the term ``inpatient
Medicare deductible'' means the amount of the inpatient
hospital deductible in effect under section 1813(b) of the
Social Security Act (42 U.S.C. 1395e(b)) on the first day of
the 365-day period applicable under paragraph (3) of this
subsection.
(g)(1) The Secretary may not furnish medical services (except
if such care constitutes hospice care) under subsection (a) of
this section (including home health services under section 1717
of this title) to a veteran who is eligible for hospital care
under this chapter by reason of subsection (a)(3) of this
section unless the veteran agrees to pay to the United States
in the case of each outpatient visit the applicable amount or
amounts established by the Secretary by regulation.
(2) A veteran who is furnished medical services under
subsection (a) of this section and who is required under
paragraph (1) of this subsection to agree to pay an amount to
the United States in order to be furnished such services shall
be liable to the United States, in the case of each visit in
which such services are furnished to the veteran, for an amount
which the Secretary shall establish by regulation.
(3) This subsection does not apply with respect to home
health services under section 1717 of this title to the extent
that such services are for improvements and structural
alterations.
(h) Nothing in this section requires the Secretary to furnish
care to a veteran to whom another agency of Federal, State, or
local government has a duty under law to provide care in an
institution of such government.
* * * * * * *
Sec. 1710B. Extended care services
(a) The Secretary (subject to section 1710(a)(4) of this
title and subsection (c) of this section) shall operate and
maintain a program to provide extended care services to
eligible veterans in accordance with this section. Such
services shall include the following:
(1) Geriatric evaluation.
(2) Nursing home care (A) in facilities operated by
the Secretary, and (B) in community-based facilities
through contracts under section 1720 of this title.
(3) Domiciliary services under section 1710(b) of
this title.
(4) Adult day health care under section 1720(f) of
this title.
(5) Such other noninstitutional alternatives to
nursing home care as the Secretary may furnish as
medical services under section 1701(10) of this title.
(6) Respite care under section 1720B of this title.
(b) The Secretary shall ensure that the staffing and level of
extended care services provided by the Secretary nationally in
facilities of the Department during any fiscal year is not less
than the staffing and level of such services provided
nationally in facilities of the Department during fiscal year
1998.
(c)(1) Except as provided in paragraph (2), the Secretary may
not furnish extended care services for a non-service-connected
disability other than in the case of a veteran who has a
compensable service-connected disability unless the veteran
agrees to pay to the United States a copayment (determined in
accordance with subsection (d)) for any period of such services
in a year after the first 21 days of such services provided
that veteran in that year.
(2) Paragraph (1) shall not apply--
(A) to a veteran whose annual income (determined
under section 1503 of this title) is less than the
amount in effect under section 1521(b) of this title;
(B) to a veteran being furnished hospice care under
this section; [or]
(C) with respect to an episode of extended care
services that a veteran is being furnished by the
Department on November 30, 1999[.]; or
(D) to a veteran who was awarded the medal of honor
under section 3741, 6241, or 8741 of title 10 or
section 491 of title 14.
(d)(1) A veteran who is furnished extended care services
under this chapter and who is required under subsection (c) to
pay an amount to the United States in order to be furnished
such services shall be liable to the United States for that
amount.
(2) In implementing subsection (c), the Secretary shall
develop a methodology for establishing the amount of the
copayment for which a veteran described in subsection (c) is
liable. That methodology shall provide for--
(A) establishing a maximum monthly copayment (based
on all income and assets of the veteran and the spouse
of such veteran);
(B) protecting the spouse of a veteran from financial
hardship by not counting all of the income and assets
of the veteran and spouse (in the case of a spouse who
resides in the community) as available for determining
the copayment obligation; and
(C) allowing the veteran to retain a monthly personal
allowance.
(e)(1) There is established in the Treasury of the United
States a revolving fund known as the Department of Veterans
Affairs Extended Care Fund (hereinafter in this section
referred to as the ``fund''). Amounts in the fund shall be
available, without fiscal year limitation and without further
appropriation, exclusively for the purpose of providing
extended care services under subsection (a).
(2) All amounts received by the Department under this section
shall be deposited in or credited to the fund.
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND
NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
* * * * * * *
Sec. 1722A. Copayment for medications
(a)(1) Subject to paragraph (2), the Secretary shall require
a veteran to pay the United States $2 for each 30-day supply of
medication furnished such veteran under this chapter on an
outpatient basis for the treatment of a non-service-connected
disability or condition. If the amount supplied is less than a
30-day supply, the amount of the charge may not be reduced.
(2) The Secretary may not require a veteran to pay an amount
in excess of the cost to the Secretary for medication described
in paragraph (1).
(3) Paragraph (1) does not apply--
(A) to a veteran with a service-connected disability
rated 50 percent or more;
(B) to a veteran who is a former prisoner of war;
[or]
(C) to a veteran whose annual income (as determined
under section 1503 of this title) does not exceed the
maximum annual rate of pension which would be payable
to such veteran if such veteran were eligible for
pension under section 1521 of this title[.]; or
(D) to a veteran who was awarded the medal of honor
under section 3741, 6241, or 8741 of title 10 or
section 491 of title 14.
(b) The Secretary, pursuant to regulations which the
Secretary shall prescribe, may--
(1) increase the copayment amount in effect under
subsection (a); and
(2) establish a maximum monthly and a maximum annual
pharmaceutical copayment amount under subsection (a)
for veterans who have multiple outpatient
prescriptions.
(c) Amounts collected under this section shall be deposited
in the Department of Veterans Affairs Medical Care Collections
Fund.
* * * * * * *
SUBCHAPTER VIII--HEALTH CARE OF PERSONS OTHER THAN VETERANS
* * * * * * *
Sec. 1786. Care for newborn children of women veterans receiving
maternity care
(a) In General.--The Secretary may furnish health care
services described in subsection (b) to a newborn child of a
woman veteran who is receiving maternity care furnished by the
Department for not more than [seven days] 42 days after the
birth of the child if the veteran delivered the child in--
(1) a facility of the Department; or
(2) another facility pursuant to a Department
contract for services relating to such delivery.
(b) Covered Health Care Services.--Health care services
described in this subsection are all post-delivery care
services, including routine care services, that a newborn child
requires.
(c) Annual Report.--Not later than October 31, 2016, and each
year thereafter through 2020, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report on the health care services provided
under subsection (a) during the fiscal year preceding the date
of the report, including the number of newborn children who
received such services during such fiscal year.
* * * * * * *
CHAPTER 20--BENEFITS FOR HOMELESS VETERANS
SUBCHAPTER I--PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS
* * * * * * *
Sec. 2003. Staffing requirements
(a) VBA Staffing at Regional Offices.--The Secretary shall
ensure that there is at least one full-time employee assigned
to oversee and coordinate homeless veterans programs at each of
the 20 Veterans Benefits Administration regional offices that
the Secretary determines have the largest homeless veteran
populations within the regions of the Administration. The
programs covered by such oversight and coordination include the
following:
(1) Housing programs administered by the Secretary
under this title or any other provision of law.
(2) Compensation, pension, vocational rehabilitation,
and education benefits programs administered by the
Secretary under this title or any other provision of
law.
(3) The housing program for veterans supported by the
Department of Housing and Urban Development.
(4) The homeless veterans reintegration program [of
the Department of Labor] under section 2021 of this
title.
(5) The programs under section 2033 of this title.
(6) The assessments required by section 2034 of this
title.
(7) Such other programs relating to homeless veterans
as may be specified by the Secretary.
(b) VHA Case Managers.--The Secretary shall ensure that the
number of case managers in the Veterans Health Administration
is sufficient to assure that every veteran who is provided a
housing voucher through section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) is assigned to, and is
seen as needed by, a case manager.
SUBCHAPTER II--COMPREHENSIVE SERVICE PROGRAMS
Sec. 2011. Grants
(a) Authority To Make Grants.--Subject to the availability of
appropriations provided for such purpose, the Secretary shall
make grants to assist eligible entities in establishing
programs to furnish, and expanding or modifying existing
programs for furnishing, the following to homeless veterans:
(1) Outreach.
(2) Rehabilitative services.
(3) Vocational counseling and training.
(4) Transitional housing assistance.
(b) Criteria for Grants.--The Secretary shall establish
criteria and requirements for grants under this section,
including criteria for entities eligible to receive grants, and
shall publish such criteria and requirements in the Federal
Register. The criteria established under this subsection shall
include the following:
(1) Specification as to the kinds of projects for
which grants are available, which shall include--
(A) new construction of facilities,
expansion, remodeling, or alteration of
existing facilities, or acquisition of
facilities, for use as service centers,
transitional housing, or other facilities to
serve homeless veterans; and
(B) procurement of vans for use in outreach
to and transportation for homeless veterans for
purposes of a program referred to in subsection
(a).
(2) Specification as to the number of projects for
which grants are available.
(3) Criteria for staffing for the provision of
services under a project for which grants are made.
(4) Provisions to ensure that grants under this
section--
(A) shall not result in duplication of
ongoing services; and
(B) to the maximum extent practicable, shall
reflect appropriate geographic dispersion and
an appropriate balance between urban and other
locations.
(5) Provisions to ensure that an entity receiving a
grant shall meet fire and safety requirements
established by the Secretary, which shall include--
(A) such State and local requirements that
may apply; and
(B) fire and safety requirements applicable
under the Life Safety Code of the National Fire
Protection Association or such other comparable
fire and safety requirements as the Secretary
may specify.
(6) Specification as to the means by which an entity
receiving a grant may contribute in-kind services to
the start-up costs of a project for which a grant is
sought and the methodology for assigning a cost to that
contribution for purposes of subsection (c).
(c) Funding Limitations.--(1) A grant under this section may
not be used to support operational costs.
(2) The amount of a grant under this section may not exceed
65 percent of the estimated cost of the project concerned.
(3)(A) The Secretary may not deny an application from an
entity that seeks a grant under this section to carry out a
project described in subsection (b)(1)(A) solely on the basis
that the entity proposes to use funding from other private or
public sources, if the entity demonstrates that a private
nonprofit organization will provide oversight and site control
for the project.
(B) In this paragraph, the term ``private nonprofit
organization'' means the following:
(i) An incorporated private institution,
organization, or foundation--
(I) that has received, or has temporary
clearance to receive, tax-exempt status under
paragraph (2), (3), or (19) of section 501(c)
of the Internal Revenue Code of 1986;
(II) for which no part of the net earnings of
the institution, organization, or foundation
inures to the benefit of any member, founder,
or contributor of the institution,
organization, or foundation; and
(III) that the Secretary determines is
financially responsible.
(ii) A for-profit limited partnership or limited
liability company, the sole general partner or manager
of which is an organization that is described by
subclauses (I) through (III) of clause (i).
(iii) A corporation wholly owned and controlled by an
organization that is described by subclauses (I)
through (III) of clause (i).
(d) Eligible Entities.--The Secretary may make a grant under
this section to an entity applying for such a grant only if the
applicant for the grant--
(1) is a public or nonprofit private entity with the
capacity (as determined by the Secretary) to
effectively administer a grant under this section;
(2) demonstrates that adequate financial support will
be available to carry out the project for which the
grant is sought consistent with the plans,
specifications, and schedule submitted by the
applicant; and
(3) agrees to meet the applicable criteria and
requirements established under subsections (b) and (g)
and has, as determined by the Secretary, the capacity
to meet such criteria and requirements.
(e) Application Requirement.--An entity seeking a grant for a
project under this section shall submit to the Secretary an
application for the grant. The application shall set forth the
following:
(1) The amount of the grant sought for the project.
(2) A description of the site for the project.
(3) Plans, specifications, and the schedule for
implementation of the project in accordance with
criteria and requirements prescribed by the Secretary
under subsection (b).
(4) Reasonable assurance that upon completion of the
work for which the grant is sought, the project will
become operational and the facilities will be used
principally to provide to veterans the services for
which the project was designed, and that not more than
25 percent of the services provided under the project
will be provided to individuals who are not veterans.
(f) Program Requirements.--The Secretary may not make a grant
for a project to an applicant under this section unless the
applicant in the application for the grant agrees to each of
the following requirements:
(1) To provide the services for which the grant is
made at locations accessible to homeless veterans.
(2) To maintain referral networks for homeless
veterans for establishing eligibility for assistance
and obtaining services, under available entitlement and
assistance programs, and to aid such veterans in
establishing eligibility for and obtaining such
services.
(3) To ensure the confidentiality of records
maintained on homeless veterans receiving services
through the project.
(4) To establish such procedures for fiscal control
and fund accounting as may be necessary to ensure
proper disbursement and accounting with respect to the
grant and to such payments as may be made under section
2012 of this title.
(5) To seek to employ homeless veterans and formerly
homeless veterans in positions created for purposes of
the grant for which those veterans are qualified.
(g) Service Center Requirements.--In addition to criteria and
requirements established under subsection (b), in the case of
an application for a grant under this section for a service
center for homeless veterans, the Secretary shall require each
of the following:
(1) That such center provide services to homeless
veterans during such hours as the Secretary may specify
and be open to such veterans on an as-needed,
unscheduled basis.
(2) That space at such center be made available, as
mutually agreeable, for use by staff of the Department
of Veterans Affairs, [the Department of Labor,] and
other appropriate agencies and organizations in
assisting homeless veterans served by such center.
(3) That such center be equipped and staffed to
provide or to assist in providing health care, mental
health services, hygiene facilities, benefits and
employment counseling, meals, transportation
assistance, and such other services as the Secretary
determines necessary.
(4) That such center be equipped and staffed to
provide, or to assist in providing, job training,
counseling, and placement services (including job
readiness and literacy and skills training), as well as
any outreach and case management services that may be
necessary to carry out this paragraph.
(h) Recovery of Unused Grant Funds.--(1) If a grant recipient
under this section does not establish a program in accordance
with this section or ceases to furnish services under such a
program for which the grant was made, the United States shall
be entitled to recover from such recipient the total of all
unused grant amounts made under this section to such recipient
in connection with such program.
(2) Any amount recovered by the United States under paragraph
(1) may be obligated by the Secretary without fiscal year
limitation to carry out provisions of this subchapter.
(3) An amount may not be recovered under paragraph (1) as an
unused grant amount before the end of the three-year period
beginning on the date on which the grant is made.
* * * * * * *
SUBCHAPTER III--TRAINING AND OUTREACH
Sec. 2021. Homeless veterans reintegration programs
(a) In General.--Subject to the availability of
appropriations provided for such purpose, the [Secretary of
Labor] Secretary shall conduct, directly or through grant or
contract, such programs as the Secretary determines appropriate
to provide job training, counseling, and placement services
(including job readiness and literacy and skills training) to
expedite the reintegration of homeless veterans into the labor
force.
(b) Requirement To Monitor Expenditures of Funds.--(1) The
[Secretary of Labor] Secretary shall collect such information
as [that Secretary] the Secretary considers appropriate to
monitor and evaluate the distribution and expenditure of funds
appropriated to carry out this section. The information shall
include data with respect to the results or outcomes of the
services provided to each homeless veteran under this section.
(2) Information under paragraph (1) shall be furnished in
such form and manner as the [Secretary of Labor] Secretary may
specify.
(c) [Administration Through the Assistant Secretary of Labor
for Veterans' Employment and Training] Administration Through
Deputy Under Secretary for Veterans' Employment, Training, and
Transition.--The [Secretary of Labor] Secretary shall carry out
this section through the [Assistant Secretary of Labor for
Veterans' Employment and Training] Deputy Under Secretary for
Employment, Training, and Transition.
(d) Biennial Report to Congress.--Not less than every two
years, the [Secretary of Labor] Secretary shall submit to
Congress a report on the programs conducted under this section.
The [Secretary of Labor] Secretary shall include in the report
an evaluation of services furnished to veterans under this
section and an analysis of the information collected under
subsection (b).
(e) Authorization of Appropriations.--(1) There are
authorized to be appropriated to carry out this section amounts
as follows:
(A) $50,000,000 for fiscal year 2002.
(B) $50,000,000 for fiscal year 2003.
(C) $50,000,000 for fiscal year 2004.
(D) $50,000,000 for fiscal year 2005.
(E) $50,000,000 for fiscal year 2006.
(F) $50,000,000 for each of fiscal years 2007 through
2015.
(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to
carry out this section may be expended in that fiscal year and
the succeeding fiscal year.
Sec. 2021A. Homeless women veterans and homeless veterans with children
reintegration grant program
(a) Grants.--Subject to the availability of appropriations
provided for such purpose, the [Secretary of Labor] Secretary
shall make grants to programs and facilities that the Secretary
determines provide dedicated services for homeless women
veterans and homeless veterans with children.
(b) Use of Funds.--Grants under this section shall be used to
provide job training, counseling, placement services (including
job readiness and literacy and skills training) and child care
services to expedite the reintegration of homeless women
veterans and homeless veterans with children into the labor
force.
(c) Requirement To Monitor Expenditures of Funds.--(1) The
[Secretary of Labor] Secretary shall collect such information
as [that Secretary] the Secretary considers appropriate to
monitor and evaluate the distribution and expenditure of funds
appropriated to carry out this section. The information shall
include data with respect to the results or outcomes of the
services provided to each homeless veteran under this section.
(2) Information under paragraph (1) shall be furnished in
such form and manner as the [Secretary of Labor] Secretary may
specify.
(d) [Administration Through the Assistant Secretary of Labor
for Veterans' Employment and Training] Administration Through
Deputy Under Secretary for Veterans' Employment, Training, and
Transition.--The [Secretary of Labor] Secretary shall carry out
this section through the [Assistant Secretary of Labor for
Veterans' Employment and Training] Deputy Under Secretary for
Employment, Training, and Transition.
(e) Biennial Report to Congress.--The [Secretary of Labor]
Secretary shall include as part of the report required under
section 2021(d) of this title an evaluation of the grant
program under this section, which shall include an evaluation
of services furnished to veterans under this section and an
analysis of the information collected under subsection (c).
(f) Authorization of Appropriations.--(1) In addition to any
amount authorized to be appropriated to carry out section 2021
of this title, there is authorized to be appropriated to carry
out this section $1,000,000 for each of fiscal years 2011
through 2015.
(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to
carry out this section may be expended in that fiscal year and
the succeeding fiscal year.
* * * * * * *
Sec. 2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from certain
institutions
(a) Program Authority.--The Secretary [and the Secretary of
Labor (hereinafter in this section referred to as the
``Secretaries'')] shall carry out a program of referral and
counseling services to eligible veterans with respect to
benefits and services available to such veterans under this
title and under State law.
(b) Location of Program.--The program shall be carried out in
at least 12 locations. One location shall be a penal
institution under the jurisdiction of the Bureau of Prisons.
(c) Scope of Program.--(1) To the extent practicable, the
program shall provide both referral and counseling services,
and in the case of counseling services, shall include
counseling with respect to job training and placement
(including job readiness), housing, health care, and other
benefits to assist the eligible veteran in the transition from
institutional living.
(2)(A) To the extent that referral or counseling services are
provided at a location under the program, referral services
shall be provided in person during such period of time that the
[Secretaries] Secretary may specify that precedes the date of
release or discharge of the eligible veteran, and counseling
services shall be furnished after such date.
(B) The [Secretaries] Secretary may, as part of the program,
furnish to officials of penal institutions outreach information
with respect to referral and counseling services for
presentation to veterans in the custody of such officials
during the 18-month period that precedes such date of release
or discharge.
(3) The [Secretaries] Secretary may make grants to carry out
the referral and counseling services required under the program
with entities or organizations that meet such requirements as
the [Secretaries] Secretary may establish.
(4) In developing the program, the [Secretaries] Secretary
shall consult with officials of the Bureau of Prisons,
officials of penal institutions of States and political
subdivisions of States, and such other officials as the
[Secretaries] Secretary [determine] determines appropriate.
(d) Duration.--The authority of the [Secretaries] Secretary
to enter into a contract to provide referral and counseling
services under the demonstration program shall cease on
September 30, 2015.
(e) Definition.--In this section, the term ``eligible
veteran'' means a veteran who--
(1) is a resident of a penal institution or an
institution that provides long-term care for mental
illness; and
(2) is at risk for homelessness absent referral and
counseling services provided under the demonstration
program (as determined under guidelines established by
the [Secretaries] Secretary).
* * * * * * *
SUBCHAPTER VII--OTHER PROVISIONS
* * * * * * *
Sec. 2065. Annual report on assistance to homeless veterans
(a) Annual Report.--Not later than June 15 of each year, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
activities of the Department during the calendar year preceding
the report under programs of the Department under this chapter
and other programs of the Department for the provision of
assistance to homeless veterans.
(b) General Contents of Report.--Each report under subsection
(a) shall include the following:
(1) The number of homeless veterans provided
assistance under the programs referred to in subsection
(a).
(2) The cost to the Department of providing such
assistance under those programs.
(3) The Secretary's evaluation of the effectiveness
of the programs of the Department in providing
assistance to homeless veterans, including--
(A) residential work-therapy programs;
(B) programs combining outreach, community-
based residential treatment, and case-
management; and
(C) contract care programs for alcohol and
drug-dependence or use disabilities.
(4) The Secretary's evaluation of the effectiveness
of programs established by recipients of grants under
section 2011 of this title and a description of the
experience of those recipients in applying for and
receiving grants from the Secretary of Housing and
Urban Development to serve primarily homeless persons
who are veterans.
(5) Information on the efforts of the Secretary to
coordinate the delivery of housing and services to
homeless veterans with other Federal departments and
agencies, including--
(A) the Department of Defense;
(B) the Department of Health and Human
Services;
(C) the Department of Housing and Urban
Development;
(D) the Department of Justice;
[(E) the Department of Labor;]
[(F)] (E) the Interagency Council on
Homelessness;
[(G)] (F) the Social Security Administration;
and
[(H)] (G) any other Federal department or
agency with which the Secretary coordinates the
delivery of housing and services to homeless
veterans.
(6) Any other information on those programs and on
the provision of such assistance that the Secretary
considers appropriate.
(c) Health Care Contents of Report.--Each report under
subsection (a) shall include, with respect to programs of the
Department addressing health care needs of homeless veterans,
the following:
(1) Information about expenditures, costs, and
workload under the program of the Department known as
the Health Care for Homeless Veterans program (HCHV).
(2) Information about the veterans contacted through
that program.
(3) Information about program treatment outcomes
under that program.
(4) Information about supported housing programs.
(5) Information about the Department's grant and per
diem provider program under subchapter II of this
chapter.
(6) The findings and conclusions of the assessments
of the medical needs of homeless veterans conducted
under section 2034(b) of this title.
(7) Other information the Secretary considers
relevant in assessing those programs.
(d) Benefits Content of Report.--Each report under subsection
(a) shall include, with respect to programs and activities of
the Veterans Benefits Administration in processing of claims
for benefits of homeless veterans during the preceding year,
the following:
(1) Information on costs, expenditures, and workload
of Veterans Benefits Administration claims evaluators
in processing claims for benefits of homeless veterans.
(2) Information on the filing of claims for benefits
by homeless veterans.
(3) Information on efforts undertaken to expedite the
processing of claims for benefits of homeless veterans.
(4) Other information that the Secretary considers
relevant in assessing the programs and activities.
Sec. 2066. Advisory Committee on Homeless Veterans
(a) Establishment.--(1) There is established in the
Department the Advisory Committee on Homeless Veterans
(hereinafter in this section referred to as the ``Committee'').
(2) The Committee shall consist of not more than 15 members
appointed by the Secretary from among the following:
(A) Veterans service organizations.
(B) Advocates of homeless veterans and other homeless
individuals.
(C) Community-based providers of services to homeless
individuals.
(D) Previously homeless veterans.
(E) State veterans affairs officials.
(F) Experts in the treatment of individuals with
mental illness.
(G) Experts in the treatment of substance use
disorders.
(H) Experts in the development of permanent housing
alternatives for lower income populations.
(I) Experts in vocational rehabilitation.
(J) Such other organizations or groups as the
Secretary considers appropriate.
(3) The Committee shall include, as ex officio members, the
following:
[(A) The Secretary of Labor (or a representative of
the Secretary selected after consultation with the
Assistant Secretary of Labor for Veterans'
Employment).]
[(B)] (A) The Secretary of Defense (or a
representative of the Secretary).
[(C)] (B) The Secretary of Health and Human Services
(or a representative of the Secretary).
[(D)] (C) The Secretary of Housing and Urban
Development (or a representative of the Secretary).
[(E)] (D) The Executive Director of the Interagency
Council on Homelessness (or a representative of the
Executive Director).
[(F)] (E) The Under Secretary for Health (or a
representative of the Under Secretary after
consultation with the Director of the Office of
Homeless Veterans Programs).
[(G)] (F) The Under Secretary for Benefits (or a
representative of the Under Secretary after
consultation with the Director of the Office of
Homeless Veterans Programs).
(4)(A) The Secretary shall determine the terms of service and
allowances of the members of the Committee, except that a term
of service may not exceed three years. The Secretary may
reappoint any member for additional terms of service.
(B) Members of the Committee shall serve without pay. Members
may receive travel expenses, including per diem in lieu of
subsistence for travel in connection with their duties as
members of the Committee.
(b) Duties.--(1) The Secretary shall consult with and seek
the advice of the Committee on a regular basis with respect to
the provision by the Department of benefits and services to
homeless veterans.
(2) In providing advice to the Secretary under this
subsection, the Committee shall--
(A) assemble and review information relating to the
needs of homeless veterans;
(B) provide an on-going assessment of the
effectiveness of the policies, organizational
structures, and services of the Department in assisting
homeless veterans; and
(C) provide on-going advice on the most appropriate
means of providing assistance to homeless veterans.
(3) The Committee shall--
(A) review the continuum of services provided by the
Department directly or by contract in order to define
cross-cutting issues and to improve coordination of all
services with the Department that are involved in
addressing the special needs of homeless veterans;
(B) identify (through the annual assessments under
section 2034 of this title and other available
resources) gaps in programs of the Department in
serving homeless veterans, including identification of
geographic areas with unmet needs, and provide
recommendations to address those gaps;
(C) identify gaps in existing information systems on
homeless veterans, both within and outside the
Department, and provide recommendations about
redressing problems in data collection;
(D) identify barriers under existing laws and
policies to effective coordination by the Department
with other Federal agencies and with State and local
agencies addressing homeless populations;
(E) identify opportunities for increased liaison by
the Department with nongovernmental organizations and
individual groups providing services to homeless
populations;
(F) with appropriate officials of the Department
designated by the Secretary, participate with the
Interagency Council on the Homeless under title II of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11311 et seq.);
(G) recommend appropriate funding levels for
specialized programs for homeless veterans provided or
funded by the Department;
(H) recommend appropriate placement options for
veterans who, because of advanced age, frailty, or
severe mental illness, may not be appropriate
candidates for vocational rehabilitation or independent
living; and
(I) perform such other functions as the Secretary may
direct.
(c) Reports.--(1) Not later than March 31 of each year, the
Committee shall submit to the Secretary a report on the
programs and activities of the Department that relate to
homeless veterans. Each such report shall include--
(A) an assessment of the needs of homeless veterans;
(B) a review of the programs and activities of the
Department designed to meet such needs;
(C) a review of the activities of the Committee; and
(D) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers appropriate.
(2) Not later than 90 days after the receipt of a report
under paragraph (1), the Secretary shall transmit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a copy of the report, together with any
comments and recommendations concerning the report that the
Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted pursuant to that section.
(d) Termination.--The Committee shall cease to exist December
31, 2015.
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
* * * * * * *
Sec. 3104. Scope of services and assistance
(a) Services and assistance which the Secretary may provide
under this chapter, pursuant to regulations which the Secretary
shall prescribe, include the following:
(1) Evaluation, including periodic reevaluations as
appropriate with respect to a veteran participating in
a rehabilitation program, of the potential for
rehabilitation of a veteran, including diagnostic and
related services (A) to determine whether the veteran
has an employment handicap or a serious employment
handicap and whether a vocational goal is reasonably
feasible for such veteran, and (B) to provide a basis
for planning a suitable vocational rehabilitation
program or a program of services and assistance to
improve the vocational rehabilitation potential or
independent living status of such veteran, as
appropriate.
(2) Educational, vocational, psychological,
employment, and personal adjustment counseling.
(3) An allowance and other appropriate assistance, as
authorized by section 3108 of this title.
(4) A work-study allowance as authorized by section
3485 of this title.
(5) Placement services to effect suitable placement
in employment, and postplacement services to attempt to
insure satisfactory adjustment in employment.
(6) Personal adjustment and work adjustment training.
(7)(A) Vocational and other training services and
assistance, including individualized tutorial
assistance, tuition, fees, books, supplies, handling
charges, licensing fees, and equipment and other
training materials determined by the Secretary to be
necessary to accomplish the purposes of the
rehabilitation program in the individual case.
(B) Payment for the services and assistance provided
under subparagraph (A) of this paragraph shall be made
from funds available for the payment of readjustment
benefits.
(8) Loans as authorized by section 3112 of this
title.
(9) Treatment, care, and services described in
chapter 17 of this title.
(10) Prosthetic appliances, eyeglasses, and other
corrective and assistive devices.
(11) Services to a veteran's family as necessary for
the effective rehabilitation of such veteran.
(12) For veterans with the most severe service-
connected disabilities who require homebound training
or self-employment, or both homebound training and
self-employment, such license fees and essential
equipment, supplies, and minimum stocks of materials as
the Secretary determines to be necessary for such a
veteran to begin employment and are within the criteria
and cost limitations that the Secretary shall prescribe
in regulations for the furnishing of such fees,
equipment, supplies, and stocks.
(13) Travel and incidental expenses under the terms
and conditions set forth in section 111 of this title,
plus, in the case of a veteran who because of such
veteran's disability has transportation expenses in
addition to those incurred by persons not so disabled,
a special transportation allowance to defray such
additional expenses during rehabilitation, job seeking,
and the initial employment stage.
(14) Special services (including services related to
blindness and deafness) including--
(A) language training, speech and voice
correction, training in ambulation, and one-
hand typewriting;
(B) orientation, adjustment, mobility,
reader, interpreter, and related services; and
(C) telecommunications, sensory, and other
technical aids and devices.
(15) Services necessary to enable a veteran to
achieve maximum independence in daily living.
(16) Other incidental goods and services determined
by the Secretary to be necessary to accomplish the
purposes of a rehabilitation program in an individual
case.
(b) A rehabilitation program (including individual courses)
to be pursued by a veteran shall be subject to the approval of
the Secretary. To the maximum extent practicable, a course of
education or training may be pursued by a veteran as part of a
rehabilitation program under this chapter only if the course is
approved for purposes of chapter 30 or 33 of this title. The
Secretary may waive the requirement under the preceding
sentence to the extent the Secretary determines appropriate.
(c)(1) The Secretary shall have the authority to administer
this chapter by prioritizing the provision of services under
this chapter based on need, as determined by the Secretary. In
evaluating need for purposes of this subsection, the Secretary
shall consider disability ratings, the severity of employment
handicaps, qualification for a program of independent living,
income, and any other factor the Secretary determines
appropriate.
(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter
as authorized under paragraph (1), the Secretary shall submit
to Congress a plan describing such changes.
* * * * * * *
Sec. 3118. Personnel training, development, and qualifications
(a) The Secretary shall provide a program of ongoing
professional training and development for Department of
Veterans Affairs counseling and rehabilitation personnel
engaged in providing rehabilitation services under this
chapter. The objective of such training shall be to insure that
rehabilitation services for disabled veterans are provided in
accordance with the most advanced knowledge, methods, and
techniques available for the rehabilitation of handicapped
persons. For this purpose, the Secretary may employ the
services of consultants and may make grants to and contract
with public or private agencies (including institutions of
higher learning) to conduct such training and development.
(b) The Secretary shall coordinate with the Commissioner of
the Rehabilitation Services Administration in the Department of
Education [and the Assistant Secretary for Veterans' Employment
in the Department of Labor] in planning and carrying out
personnel training in areas of mutual programmatic concern.
(c) Notwithstanding any other provision of law, the Secretary
shall establish such qualifications for personnel providing
evaluation and rehabilitation services to veterans under this
chapter and for employees performing the functions described in
section 3106(f) of this title as the Secretary determines are
necessary and appropriate to insure the quality of
rehabilitation programs under this chapter. In establishing
such qualifications, the Secretary shall take into account the
qualifications established for comparable personnel under the
Rehabilitation Act of 1973 (29 U.S.C. ch. 16).
Sec. 3119. Rehabilitation research and special projects
(a) The Secretary shall carry out an ongoing program of
activities for the purpose of advancing the knowledge, methods,
techniques, and resources available for use in rehabilitation
programs for veterans. For this purpose, the Secretary shall
conduct and provide support for the development or conduct, or
both the development and conduct, of--
(1) studies and research concerning the
psychological, educational, employment, social,
vocational, industrial, and economic aspects of the
rehabilitation of disabled veterans, including new
methods of rehabilitation; and
(2) projects which are designed to increase the
resources and potential for accomplishing the
rehabilitation of disabled veterans.
(b) For the purpose specified in subsection (a) of this
section, the Secretary is authorized to make grants to or
contract with public or nonprofit agencies, including
institutions of higher learning.
(c) The Secretary shall cooperate with the Commissioner of
the Rehabilitation Services Administration and the Director of
the Institute of Handicapped Research in the Department of
Education, [the Assistant Secretary for Veterans' Employment in
the Department of Labor,] and the Secretary of Health and Human
Services regarding rehabilitation studies, research, and
special projects of mutual programmatic concern.
* * * * * * *
Sec. 3121. Veterans' Advisory Committee on Rehabilitation
(a)(1) The Secretary shall appoint an advisory committee to
be known as the Veterans' Advisory Committee on Rehabilitation
(hereinafter in this section referred to as the ``Committee'').
(2) The members of the Committee shall be appointed by the
Secretary from the general public and shall serve for terms to
be determined by the Secretary not to exceed three years.
Veterans with service-connected disabilities shall be
appropriately represented in the membership of the Committee,
and the Committee shall also include persons who have
distinguished themselves in the public and private sectors in
the fields of rehabilitation medicine, vocational guidance,
vocational rehabilitation, and employment and training
programs. The Secretary may designate one of the members of the
Committee appointed under this paragraph to chair the
Committee.
(3) The Committee shall also include as ex officio members
the following: (A) one representative from the Veterans Health
Administration and one from the Veterans Benefits
Administration, (B) one representative from the Rehabilitation
Services Administration of the Department of Education and one
from the National Institute for Handicapped Research of the
Department of Education, and (C) one representative of [the
Assistant Secretary of Labor for Veterans' Employment and
Training of the Department of Labor] the Under Secretary for
Veterans Economic Opportunity and Transition.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of veterans' rehabilitation programs under this
title.
(c) The Committee shall submit to the Secretary an annual
report on the rehabilitation programs and activities of the
Department of Veterans Affairs and shall submit such other
reports and recommendations to the Secretary as the Committee
determines appropriate. The annual report shall include an
assessment of the rehabilitation needs of veterans and a review
of the programs and activities of the Department of Veterans
Affairs designed to meet such needs. The Secretary shall submit
with each annual report submitted to the Congress pursuant to
section 529 of this title a copy of all reports and
recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary was submitted
to the Congress pursuant to such section.
* * * * * * *
CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
SUBCHAPTER I--DEFINITIONS
Sec.
3301. Definitions.
* * * * * * *
SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
* * * * * * *
3326. Election to receive educational assistance.
SUBCHAPTER I--DEFINITIONS
Sec. 3301. Definitions
In this chapter:
(1) The term ``active duty'' has the meanings as
follows (subject to the limitations specified in
sections 3002(6) and 3311(b)):
(A) In the case of members of the regular
components of the Armed Forces, the meaning
given such term in section 101(21)(A).
(B) In the case of members of the reserve
components of the Armed Forces, service on
active duty under a call or order to active
duty under section 688, 12301(a), 12301(d),
12301(g), 12301(h), 12302, or 12304 of title 10
or section 712 of title 14.
(C) In the case of a member of the Army
National Guard of the United States or Air
National Guard of the United States, in
addition to service described in subparagraph
(B), full-time service--
(i) in the National Guard of a State
for the purpose of organizing,
administering, recruiting, instructing,
or training the National Guard; or
(ii) in the National Guard under
section 502(f) of title 32 when
authorized by the President or the
Secretary of Defense for the purpose of
responding to a national emergency
declared by the President and supported
by Federal funds.
(2) The term ``entry level and skill training'' means
the following:
(A) In the case of members of the Army, Basic
Combat Training and Advanced Individual
Training or One Station Unit Training.
(B) In the case of members of the Navy,
Recruit Training (or Boot Camp) and Skill
Training (or so-called ``A'' School).
(C) In the case of members of the Air Force,
Basic Military Training and Technical Training.
(D) In the case of members of the Marine
Corps, Recruit Training and Marine Corps
Training (or School of Infantry Training).
(E) In the case of members of the Coast
Guard, Basic Training and Skill Training (or
so-called ``A'' School).
(3) The term ``program of education'' has the meaning
given such term in section 3002, except to the extent
otherwise provided in section 3313.
(4) The term ``Secretary of Defense'' means the
Secretary of Defense, except that the term means the
Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in
the Navy.
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement
(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to
educational assistance under this chapter.
(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
(1) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 36 months
on active duty in the Armed Forces (including
service on active duty in entry level and skill
training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty; or
(ii) is discharged or released from
active duty as described in subsection
(c).
(2) An individual who--
(A) commencing on or after September 11,
2001, serves at least 30 continuous days on
active duty in the Armed Forces; and
(B) after completion of service described in
subparagraph (A), is discharged or released
from active duty in the Armed Forces for a
service-connected disability.
(3) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 30
months, but less than 36 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 36 months; or
(ii) before completion of service on
active duty of an aggregate of 36
months, is discharged or released from
active duty as described in subsection
(c).
(4) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 24
months, but less than 30 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 30 months; or
(ii) before completion of service on
active duty of an aggregate of 30
months, is discharged or released from
active duty as described in subsection
(c).
(5) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 18
months, but less than 24 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 24 months; or
(ii) before completion of service on
active duty of an aggregate of 24
months, is discharged or released from
active duty as described in subsection
(c).
(6) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 12
months, but less than 18 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 18 months; or
(ii) before completion of service on
active duty of an aggregate of 18
months, is discharged or released from
active duty as described in subsection
(c).
(7) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 6 months,
but less than 12 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 12 months; or
(ii) before completion of service on
active duty of an aggregate of 12
months, is discharged or released from
active duty as described in subsection
(c).
(8) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 90 days,
but less than 6 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 6 months; or
(ii) before completion of service on
active duty of an aggregate of 6
months, is discharged or released from
active duty as described in subsection
(c).
(9) An individual who is the child or spouse of a
person who, on or after September 11, 2001, dies in
line of duty while serving on active duty as a member
of the Armed Forces.
(c) Covered Discharges and Releases.--A discharge or release
from active duty of an individual described in this subsection
is a discharge or release as follows:
(1) A discharge from active duty in the Armed Forces
with an honorable discharge.
(2) A release after service on active duty in the
Armed Forces characterized by the Secretary concerned
as honorable service and placement on the retired list,
transfer to the Fleet Reserve or Fleet Marine Corps
Reserve, or placement on the temporary disability
retired list.
(3) A release from active duty in the Armed Forces
for further service in a reserve component of the Armed
Forces after service on active duty characterized by
the Secretary concerned as honorable service.
(4) A discharge or release from active duty in the
Armed Forces after service on active duty in the Armed
Forces characterized by the Secretary concerned as
honorable service for--
(A) a medical condition which preexisted the
service of the individual as described in the
applicable paragraph of subsection (b) and
which the Secretary determines is not service-
connected;
(B) hardship; or
(C) a physical or mental condition that was
not characterized as a disability and did not
result from the individual's own willful
misconduct but did interfere with the
individual's performance of duty, as determined
by the Secretary concerned in accordance with
regulations prescribed by the Secretary of
Defense.
(d) Prohibition on Treatment of Certain Service as Period of
Active Duty.--The following periods of service shall not be
considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title
10.
(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or
9348 of title 10 or section 182 of title 14.
(3) A period of service that is terminated because of
a defective enlistment and induction based on--
(A) the individual's being a minor for
purposes of service in the Armed Forces;
(B) an erroneous enlistment or induction; or
(C) a defective enlistment agreement.
(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both
paragraphs (4) and (5) of subsection (b), the individual shall
be treated as being entitled to educational assistance under
this chapter by reason of paragraph (5) of subsection (b).
(f) Marine Gunnery Sergeant John David Fry Scholarship.--
(1) In general.--Educational assistance payable by
reason of paragraph (9) of subsection (b) shall be
known as the ``Marine Gunnery Sergeant John David Fry
scholarship''.
(2) Limitation.--The entitlement of an individual to
assistance under subsection (a) pursuant to paragraph
(9) of subsection (b) because the individual was a
spouse of a person described in such paragraph shall
expire on the earlier of--
(A) the date that is 15 years after the date
on which the person died; or
(B) the date on which the individual
remarries.
(3) Election on receipt of certain benefits.--[A
surviving spouse] Except as provided in paragraph (4),
a surviving spouse entitled to assistance under
subsection (a) pursuant to paragraph (9) of subsection
(b) who is also entitled to educational assistance
under chapter 35 of this title may not receive
assistance under both this section and such chapter,
but shall make an irrevocable election (in such form
and manner as the Secretary may prescribe) under which
section or chapter to receive educational assistance.
(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.
[(4)] (5) Definition of child.--For purposes of [that
paragraph] paragraph (9) of subsection (b), the term
``child'' includes a married individual or an
individual who is above the age of twenty-three years.
* * * * * * *
Sec. 3313. Programs of education leading to a degree pursued at
institutions of higher learning on more than half-
time basis
(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is approved for purposes of
chapter 30 (including approval by the State approving agency
concerned).
(c) Amount of Educational Assistance.--The amounts payable
under this subsection for pursuit of an approved program of
education leading to a degree at an institution of higher
learning (as that term is defined in section 3452(f)) are
amounts as follows:
(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
paragraph (1), (2), or (9) of section 3311(b), amounts
as follows:
(A) An amount equal to the following:
(i) [In the case of a program of
education pursued at a public
institution of higher learning] (I)
Subject to subclause (II), in the case
of a program of education pursued at a
public institution of higher learning
not described in clause (ii)(II)(bb),
the actual net cost for in-State
tuition and fees assessed by the
institution for the program of
education after the application of--
[(I)] (aa) any waiver of, or
reduction in, tuition and fees;
and
[(II)] (bb) any scholarship,
or other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a)) that is
provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees.
(II) In determining the actual net
cost for in-State tuition and fees
pursuant to subclause (I), the
Secretary may not pay for tuition and
fees relating to flight training.
(ii) [In the case of a program of
education pursued at a non-public or
foreign institution of higher learning]
(I) In the case of a program of
education described in subclause (II),
the lesser of--
[(I)] (aa) the actual net
cost for tuition and fees
assessed by the institution for
the program of education after
the application of--
[(aa)] (AA) any
waiver of, or reduction
in, tuition and fees;
and
[(bb)] (BB) any
scholarship, or other
Federal, State,
institutional, or
employer-based aid or
assistance (other than
loans and any funds
provided under section
401(b) of the Higher
Education Act of 1965)
that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
[(II)] (bb) the amount equal
to--
[(aa)] (AA) for the
academic year beginning
on August 1, 2011,
$17,500; or
[(bb)] (BB) for an
academic year beginning
on any subsequent
August 1, the amount
for the previous
academic year beginning
on August 1 under this
subclause, as increased
by the percentage
increase equal to the
most recent percentage
increase determined
under section 3015(h).
(II) A program of education described
in this subclause is any of the
following:
(aa) A program of education
pursued at a non-public or
foreign institution of higher
learning.
(bb) A program of education
pursued at a public institution
of higher learning in which
flight training is required to
earn the degree being pursued
(including with respect to a
dual major, concentration, or
other element of such a
degree).
(cc) A program of education
pursued at a public institution
of higher learning in which the
public institution of higher
learning enters into a contract
or agreement with an entity
(other than another public
institution of higher learning)
to provide such program of
education or a portion of such
program of education.
(B) A monthly stipend in an amount as
follows:
(i) Except as provided in clauses
(ii) and (iii), for each month an
individual pursues a program of
education on more than a half-time
basis, a monthly housing stipend equal
to the product of--
(I) the monthly amount of the
basic allowance for housing
payable under section 403 of
title 37 for a member with
dependents in pay grade E-5
residing in the military
housing area that encompasses
all or the majority portion of
the ZIP code area in which is
located the institution of
higher learning at which the
individual is enrolled,
multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(ii) In the case of an individual
pursuing a program of education at a
foreign institution of higher learning
on more than a half-time basis, for
each month the individual pursues the
program of education, a monthly housing
stipend equal to the product of--
(I) the national average of
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(iii) In the case of an individual
pursuing a program of education solely
through distance learning on more than
a half-time basis, a monthly housing
stipend equal to 50 percent of the
amount payable under clause (ii) if the
individual were otherwise entitled to a
monthly housing stipend under that
clause for pursuit of the program of
education.
(iv) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
(I) $1,000, multiplied by
(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8), amounts equal to 40 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(d) Frequency of Payment.--
(1) Quarter, semester, or term payments.--Payment of
the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under paragraphs (2) through
(7) of subsection (c), for pursuit of a program of
education shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts
payable under paragraphs (2) through (7) of subsection
(c), for pursuit of a program of education shall be
made on a monthly basis.
(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance under this
chapter that are chargeable under this chapter for an
advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter,
semester, term, or other basis.
(e) Programs of Education Pursued on Active Duty.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education leading to a degree while on active duty.
(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
pursuing a program of education leading to a degree
while on active duty are as follows:
(A) Subject to subparagraph (C), an amount
equal to the lesser of--
(i) in the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a)) that is
provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
(ii) in the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the
academic year
beginning on
August 1, 2011,
$17,500; or
(bb) for an
academic year
beginning on
any subsequent
August 1, the
amount for the
previous
academic year
beginning on
August 1 under
this subclause,
as increased by
the percentage
increase equal
to the most
recent
percentage
increase
determined
under section
3015(h); or
(iii) the amount of the charges of the
educational institution as elected by the
individual in the manner specified in section
3014(b)(1)..
(B) Subject to subparagraph (C), for the
first month of each quarter, semester, or term,
as applicable, of the program of education
pursued by the individual, a lump sum amount
for books, supplies, equipment, and other
educational costs with respect to such quarter,
semester, or term in the amount equal to--
(i) $1,000, multiplied by (ii) the
fraction of a complete academic year
under the program of education that
such quarter, semester, or term
constitutes.
(C) In the case of an individual entitled to
educational assistance by reason of paragraphs
(3) through (8) of section 3311(b), the amounts
payable to the individual pursuant to
subparagraphs (A)(i), (A)(ii), and (B) shall be
the amounts otherwise determined pursuant to
such subparagraphs multiplied by the same
percentage applicable to the monthly amounts
payable to the individual under paragraphs (2)
through (7) of subsection (c).
(3) Quarter, semester, or term payments.--Payment of
the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at the rate of one month for each such month.
(f) Programs of Education Pursued on Half-Time Basis or
Less.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less whether a
program of education pursued on active duty, a program
of education leading to a degree, or a program of
education other than a program of education leading to
a degree.
(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education covered by this subsection on
half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of--
(i) the actual net cost for in-State
tuition and fees assessed by the
institution of higher learning for the
program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a)) that is
provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
(ii) the maximum amount that would be
payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of paragraphs (2) through
(7) of subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
(3) Quarter, term, or semester payments.--Payment of
the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at a percentage of a month equal to--
(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
(B) the number of course hours for full-time
pursuit of such program of education.
(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education other than a program of education leading
to a degree at an institution other than an institution
of higher learning (as that term is defined in section
3452(f)).
(2) Pursuit on half-time basis or less.--The payment
of educational assistance under this chapter for
pursuit of a program of education otherwise described
in paragraph (1) on a half-time basis or less is
governed by subsection (f).
(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
entitled to educational assistance under this chapter
who is pursuing an approved program of education
covered by this subsection are as follows:
(A) In the case of an individual enrolled in
a program of education (other than a program
described in subparagraphs (B) through (D)) in
pursuit of a certificate or other non-college
degree, the following:
(i) Subject to clause (iv), an amount
equal to the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965 (20 U.S.C. 1070a))
that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(ii) Except in the case of an
individual pursuing a program of
education on a half-time or less basis
and subject to clause (iv), a monthly
housing stipend equal to the product--
(I) of--
(aa) in the case of
an individual pursuing
resident training, the
monthly amount of the
basic allowance for
housing payable under
section 403 of title 37
for a member with
dependents in pay grade
E-5 residing in the
military housing area
that encompasses all or
the majority portion of
the ZIP code area in
which is located the
institution at which
the individual is
enrolled; or
(bb) in the case of
an individual pursuing
a program of education
through distance
learning, a monthly
amount equal to 50
percent of the amount
payable under item
(aa), multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education involved,
divided by the minimum
number of course hours
required for full-time
pursuit of such program
of education, rounded
to the nearest multiple
of 10.
(iii) Subject to clause (iv), a
monthly stipend in an amount equal to
$83 for each month (or pro rata amount
for a partial month) of training
pursued for books supplies, equipment,
and other educational costs.
(iv) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
section 3311(b), the amounts payable
pursuant to clauses (i), (ii), and
(iii) shall be the amounts otherwise
determined pursuant to such clauses
multiplied by the same percentage
applicable to the monthly amounts
payable to the individual under
paragraphs (2) through (7) of
subsection (c).
(B) In the case of an individual pursuing a
full-time program of apprenticeship or other
on-job training, amounts as follows:
(i) Subject to clauses (iii) and
(iv), for each month the individual
pursues the program of education, a
monthly housing stipend equal to--
(I) during the first six-
month period of the program,
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5 residing in the
military housing area that
encompasses all or the majority
portion of the ZIP code area in
which is located the employer
at which the individual pursues
such program;
(II) during the second six-
month period of the program, 80
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(III) during the third six-
month period of the program, 60
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(IV) during the fourth six-
month period of such program,
40 percent of the monthly
amount of the basic allowance
for housing payable as
described in subclause (I); and
(V) during any month after
the first 24 months of such
program, 20 percent of the
monthly amount of the basic
allowance for housing payable
as described in subclause (I).
(ii) Subject to clauses (iii) and
(iv), a monthly stipend in an amount
equal to $83 for each month (or pro
rata amount for each partial month) of
training pursued for books supplies,
equipment, and other educational costs.
(iii) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
sections 3311(b), the amounts payable
pursuant to clauses (i) and (ii) shall
be the amounts otherwise determined
pursuant to such clauses multiplied by
the same percentage applicable to the
monthly amounts payable to the
individual under paragraphs (2) through
(7) of subsection (c).
(iv) In any month in which an
individual pursuing a program of
education consisting of a program of
apprenticeship or other on-job training
fails to complete 120 hours of
training, the amount of monthly
educational assistance allowance
payable under clauses (i) and (iii) to
the individual shall be limited to the
same proportion of the applicable rate
determined under this subparagraph as
the number of hours worked during such
month, rounded to the nearest eight
hours, bears to 120 hours.
(C) In the case of an individual enrolled in
a program of education consisting of flight
training (regardless of the institution
providing such program of education), an amount
equal to--
(i) the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$10,000; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(D) In the case of an individual enrolled in
a program of education that is pursued
exclusively by correspondence (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution concerned for
the program of education after
the application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees.
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011, $8,500;
or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(4) Frequency of payment.--
(A) Quarter, semester, or term payments.--
Payment of the amounts payable under paragraph
(3)(A)(i) for pursuit of a program of education
shall be made for the entire quarter, semester,
or term, as applicable, of the program of
education.
(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and
(3)(B)(i) for pursuit of a program of education
shall be made on a monthly basis.
(C) Lump sum payments.--
(i) Payment for the amount payable
under paragraphs (3)(A)(iii) and
(3)(B)(ii) shall be paid to the
individual for the first month of each
quarter, semester, or term, as
applicable, of the program education
pursued by the individual.
(ii) Payment of the amount payable
under paragraph (3)(C) for pursuit of a
program of education shall be made upon
receipt of certification for training
completed by the individual and
serviced by the training facility.
(D) Quarterly payments.--Payment of the
amounts payable under paragraph (3)(D) for
pursuit of a program of education shall be made
quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the
institution.
(5) Charge against entitlement for certificate and
other non-college degree programs.--
(A) In general.--In the case of amounts paid
under paragraph (3)(A)(i) for pursuit of a
program of education, the charge against
entitlement to educational assistance under
this chapter of the individual for whom such
payment is made shall be one month for each
of--
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the
amount equal to one-twelfth of the
amount applicable in the academic year
in which the payment is made under
paragraph (3)(A)(i)(II).
(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable
with respect to an individual under paragraph
(3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount
applicable with respect to the individual under
subparagraph (A)(ii) shall be the amount
otherwise determined pursuant to such
subparagraph subject to a percentage adjustment
equal to the percentage adjustment applicable
with respect to the individual under paragraph
(3)(A)(iv).
(h) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs
(A)(i), (C), and (D) of subsection (g)(3), shall be paid
directly to the educational institution concerned.
(i) Determination of Housing Stipend Payments for Academic
Years.--Any monthly housing stipend payable under this section
during the academic year beginning on August 1 of a calendar
year shall be determined utilizing rates for basic allowances
for housing payable under section 403 of title 37 in effect as
of January 1 of such calendar year.
* * * * * * *
Sec. 3317. Public-private contributions for additional educational
assistance
(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313), the Secretary shall
carry out a program under which colleges and universities can,
voluntarily, enter into an agreement with the Secretary to
cover a portion of those established charges not otherwise
covered under section 3313(c)(1)(A), which contributions shall
be matched by equivalent contributions toward such costs by the
Secretary. The program shall only apply to covered individuals
described in [paragraphs (1) and (2) of section 3311(b)]
paragraphs (1), (2), and (9) of section 3311(b) of this title.
(b) Designation of Program.--The program under this section
shall be known as the ``Yellow Ribbon G.I. Education
Enhancement Program''.
(c) Agreements.--The Secretary shall enter into an agreement
with each college or university seeking to participate in the
program under this section. Each agreement shall specify the
following:
(1) The manner (whether by direct grant, scholarship,
or otherwise) of the contributions to be made by the
college or university concerned.
(2) The maximum amount of the contribution to be made
by the college or university concerned with respect to
any particular individual in any given academic year.
(3) The maximum number of individuals for whom the
college or university concerned will make contributions
in any given academic year.
(4) Such other matters as the Secretary and the
college or university concerned jointly consider
appropriate.
(d) Matching Contributions.--
(1) In general.--In instances where the educational
assistance provided an individual under section
3313(c)(1)(A) does not cover the full cost of tuition
and mandatory fees at a college or university, the
Secretary shall provide up to 50 percent of the
remaining costs for tuition and mandatory fees if the
college or university voluntarily enters into an
agreement with the Secretary to match an equal
percentage of any of the remaining costs for such
tuition and fees.
(2) Use of appropriated funds.--Amounts available to
the Secretary under section 3324(b) for payment of the
costs of this chapter shall be available to the
Secretary for purposes of paragraph (1).
(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating in
the program under this section. The list shall specify, for
each college or university so listed, appropriate information
on the agreement between the Secretary and such college or
university under subsection (c).
* * * * * * *
Sec. 3319. Authority to transfer unused education benefits to family
members
(a) In General.--(1) Subject to the provisions of this
section, the Secretary concerned 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).
(2) The purpose of the authority in paragraph (1) is to
promote recruitment and retention in the uniformed services.
The Secretary concerned may exercise the authority for that
purpose when authorized by the Secretary of Defense in the
national security interests of the United States.
(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the uniformed services who, at
the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, has completed at least--
(1) [six years] ten years of service in the [armed
forces] Armed Forces and enters into an agreement to
serve at least [four more years] two more years as a
member of the uniformed services; or
(2) the years of service as determined in regulations
pursuant to subsection (j).
(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.--The total number of
months of entitlement transferred by a individual under this
section may not exceed 36 months. The Secretary of Defense 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) Time for transfer.--Subject to the time
limitation for use of entitlement under section 3321 an
individual approved to transfer entitlement to
educational assistance under this section may transfer
such entitlement only while serving as a member of the
[armed forces] Armed Forces when the transfer is
executed.
(2) Modification or revocation.--
(A) In general.--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) Notice.--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 both the
Secretary concerned and the Secretary of
Veterans Affairs.
(3) Prohibition on treatment of transferred
entitlement as marital property.--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 to whom entitlement to
educational assistance is transferred under this section may
not commence the use of the transferred entitlement until--
(1) in the case of entitlement transferred to a
spouse, the completion by the individual making the
transfer of at least--
(A) [six years] ten years of service in the
[armed forces] Armed Forces; or
(B) the years of service as determined in
regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a
child, both--
(A) the completion by the individual making
the transfer of at least--
(i) ten years of service in the
[armed forces] Armed Forces; or
(ii) the years of service as
determined in regulations pursuant to
subsection (j); and
(B) either--
(i) the completion by the child of
the requirements of a secondary school
diploma (or equivalency certificate);
or
(ii) the attainment by the child of
18 years of age.
(h) Additional Administrative Matters.--
(1) Use.--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) Nature of transferred entitlement.--Except as
provided under subsection (e)(2) and subject to
paragraphs (5) and (6)--
(A) in the case of entitlement transferred to
a spouse under this section, the spouse is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred; or
(B) in the case of entitlement transferred to
a child under this section, the child is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred as if
the individual were not on active duty.
(3) Rate of payment.--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--
(A) in the case of a spouse, at the same rate
as such entitlement would otherwise be payable
under this chapter to the individual making the
transfer; or
(B) in the case of a child, at the same rate
as such entitlement would otherwise be payable
under this chapter to the individual making the
transfer as if the individual were not on
active duty, except that the amount of the
monthly stipend described in subsection
(c)(1)(B) or (g)(3)(A)(ii) of section 3313, as
the case may be, shall be payable in an amount
equal to 50 percent of the amount of such
stipend that would otherwise be payable under
this chapter to the individual making the
transfer.
(4) Death of transferor.--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) Limitation on age of use by child transferees.--
(A) In general.--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,
but may not, except as provided in subparagraph
(B), use any benefits so transferred after
attaining the age of 26 years.
(B) Primary caregivers of seriously
injured members of the armed forces and
veterans.--
(i) In general.--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),
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) Inapplicability for
revocation.--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).
(iii) Date for commencement
of use.--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) Length of use.--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) Scope of use by transferees.--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) Additional administrative provisions.--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.--
(1) Joint and several liability.--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.
(2) Failure to complete service agreement.--
(A) In general.--Except as provided in
subparagraph (B), if an individual transferring
entitlement under this section fails to
complete the service agreed to by the
individual under subsection (b)(1) in
accordance with the terms of the agreement of
the individual under that subsection, the
amount of any transferred entitlement under
this section that is used by a dependent of the
individual as of the date of such failure shall
be treated as an overpayment of educational
assistance under paragraph (1).
(B) Exception.--Subparagraph (A) shall not
apply in the case of an individual who fails to
complete service agreed to by the individual--
(i) by reason of the death of the
individual; or
(ii) for a reason referred to in
section 3311(c)(4).
(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of 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).
SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 3326. Election to receive educational assistance
(a) Individuals Eligible to Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive
educational assistance under this chapter if such individual--
(1) as of August 1, 2009--
(A) is entitled to basic educational
assistance under chapter 30 of the title and
has used, but retains unused, entitlement under
that chapter;
(B) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10
and has used, but retains unused, entitlement
under the applicable chapter;
(C) is entitled to basic educational
assistance under chapter 30 of this title but
has not used any entitlement under that
chapter;
(D) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10
but has not used any entitlement under such
chapter;
(E) is a member of the Armed Forces who is
eligible for receipt of basic educational
assistance under chapter 30 this title and is
making contributions toward such assistance
under section 3011(b) or 3012(c) of this title;
or
(F) is a member of the Armed Forces who is
not entitled to basic educational assistance
under chapter 30 of this title by reason of an
election under section 3011(c)(1) or 3012(d)(1)
of this title; and
(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement
to educational assistance under this chapter.
(b) Cessation of Contributions Toward GI Bill.--Effective as
of the first month beginning on or after the date of an
election under subsection (a) of an individual described by
paragraph (1)(E) of that subsection, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of this title, as applicable, shall cease, and the
requirements of such section shall be deemed to be no longer
applicable to the individual.
(c) Revocation of Remaining Transferred Entitlement.--
(1) Election to revoke.--If, on the date an
individual described in paragraph (1)(A) or (1)(C) of
subsection (a) makes an election under that subsection,
a transfer of the entitlement of the individual to
basic educational assistance under section 3020 of this
title is in effect and a number of months of the
entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
(2) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
paragraph shall no longer be available to the dependent
to whom transferred, but shall be available to the
individual instead for educational assistance under
chapter 33 of this title in accordance with the
provisions of this section.
(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not
revoked by an individual in accordance with that
paragraph shall remain available to the dependent or
dependents concerned in accordance with the current
transfer of such entitlement under section 3020 of this
title.
(d) Post-9/11 Educational Assistance.--
(1) In general.--Subject to paragraph (2) and except
as provided in subsection (e), an individual making an
election under subsection (a) shall be entitled to
educational assistance under this chapter in accordance
with the provisions of this chapter, instead of basic
educational assistance under chapter 30 this title, or
educational assistance under chapter 107, 1606, or 1607
of title 10, as applicable.
(2) Limitation on entitlement for certain
individuals.--In the case of an individual making an
election under subsection (a) who is described by
paragraph (1)(A) of that subsection, the number of
months of entitlement of the individual to educational
assistance under this chapter 33 shall be the number of
months equal to--
(A) the number of months of unused
entitlement of the individual under chapter 30
of this title, as of the date of the election,
plus
(B) the number of months, if any, of
entitlement revoked by the individual under
subsection (c)(1).
(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
(1) In general.--In the event educational assistance
to which an individual making an election under
subsection (a) would be entitled under chapter 30 of
this title, or chapter 107, 1606, or 1607 of title 10,
as applicable, is not authorized to be available to the
individual under the provisions of this chapter the
individual shall remain entitled to such educational
assistance in accordance with the provisions of the
applicable chapter.
(2) Charge for use of entitlement.--The utilization
by an individual of entitlement under paragraph (1)
shall be chargeable against the entitlement of the
individual to educational assistance under this chapter
at the rate of one month of entitlement under this
chapter for each month of entitlement utilized by the
individual under paragraph (1) (as determined as if
such entitlement were utilized under the provisions of
chapter 30 of this title, or chapter 107, 1606, or 1607
of title 10, as applicable).
(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
(1) Additional assistance.--In the case of an
individual making an election under subsection (a) who
is described by subparagraph (A), (C), or (E) of
paragraph (1) of that subsection, the amount of
educational assistance payable to the individual under
this chapter 33 as a monthly stipend payable under
paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a
monthly stipend under the applicable paragraph
increased by the amount equal to--
(A) the total amount of contributions toward
basic educational assistance made by the
individual under section 3011(b) or 3012(c) of
this title, as of the date of the election,
multiplied by
(B) the fraction--
(i) the numerator of which is--
(I) the number of months of
entitlement to basic
educational assistance under
chapter 30 of this title
remaining to the individual at
the time of the election; plus
(II) the number of months, if
any, of entitlement under such
chapter 30 revoked by the
individual under subsection
(c)(1); and
(ii) the denominator of which is 36
months.
(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
paragraph (1) who is described by subsection (a)(1)(E),
the number of months of entitlement to basic
educational assistance remaining to the individual for
purposes of paragraph (1)(B)(i)(II) shall be 36 months.
(3) Timing of payment.--The amount payable with
respect to an individual under paragraph (1) shall be
paid to the individual together with the last payment
of the monthly stipend payable to the individual under
paragraph (1)(B) of section 3313(c) of this title, or
under subsections (b) through (g) of that section (as
applicable), before the exhaustion of the individual's
entitlement to educational assistance under this
chapter.
(g) Continuing Entitlement to Additional Assistance for
Critical Skills or Speciality and Additional Service.--An
individual making an election under subsection (a)(1) who, at
the time of the election, is entitled to increased educational
assistance under section 3015(d) of this title, or section
16131(i) of title 10, or supplemental educational assistance
under subchapter III of chapter 30 of this title, shall remain
entitled to such increased educational assistance or
supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an
amount equal to the quarter, semester, or term, as applicable,
equivalent of the monthly amount of such increased educational
assistance or supplemental educational assistance payable with
respect to the individual at the time of the election.
(h) Alternative Election by Secretary.--
(1) In general.--In the case of an individual who, on
or after January 1, 2016, submits to the Secretary an
election under this section that the Secretary
determines is clearly against the interests of the
individual, or who fails to make an election under this
section, the Secretary may make an alternative election
on behalf of the individual that the Secretary
determines is in the best interests of the individual.
(2) Notice.--If the Secretary makes an election on
behalf of an individual under this subsection, the
Secretary shall notify the individual by not later than
seven days after making such election and shall provide
the individual with a 30-day period, beginning on the
date of the individual's receipt of such notice, during
which the individual may modify or revoke the election
made by the Secretary on the individual's behalf. The
Secretary shall include, as part of such notice, a
clear statement of why the alternative election made by
the Secretary is in the best interests of the
individual as compared to the election submitted by the
individual. The Secretary shall provide the notice
required under this paragraph by electronic means
whenever possible.
(i) Irrevocability of Elections.--An election under
subsection (a) or (c)(1) is irrevocable.
* * * * * * *
CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER IV--PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES
* * * * * * *
Sec. 3485. Work-study allowance
(a)(1) Individuals utilized under the authority of subsection
(b) shall be paid an additional educational assistance
allowance (hereinafter in this section referred to as ``work-
study allowance''). Such allowance shall be paid in return for
an individual's entering into an agreement described in
paragraph (3).
(2) Such work-study allowance shall be paid in an amount
equal to the product of--
(A) the applicable hourly minimum wage; and
(B) the number of hours worked during the applicable
period.
(3) An agreement described in this paragraph is an agreement
of an individual to perform services, during or between periods
of enrollment, aggregating not more than a number of hours
equal to 25 times the number of weeks in the semester or other
applicable enrollment period, required in connection with a
qualifying work-study activity.
(4) For the purposes of this section, the term ``qualifying
work-study activity'' means any of the following:
(A) The outreach services program under chapter 63 of
this title as carried out under the supervision of a
Department employee or, during the period preceding
[June 30, 2013] June 30, 2013, or the period beginning
on June 30, 2016, and ending on June 30, 2021, outreach
services to servicemembers and veterans furnished by
employees of a State approving agency.
(B) The preparation and processing of necessary
papers and other documents at educational institutions
or regional offices or facilities of the Department.
(C) The provision of hospital and domiciliary care
and medical treatment under chapter 17 of this title,
including, during the period preceding [June 30, 2013]
June 30, 2013, or the period beginning on June 30,
2016, and ending on June 30, 2021, the provision of
such care to veterans in a State home for which payment
is made under section 1741 of this title.
(D) Any other activity of the Department as the
Secretary determines appropriate.
(E) In the case of an individual who is receiving
educational assistance under chapter 1606 or 1607 of
title 10, an activity relating to the administration of
that chapter at Department of Defense, Coast Guard, or
National Guard facilities.
(F) During the period preceding [June 30, 2013] June
30, 2013, or the period beginning on June 30, 2016, and
ending on June 30, 2021, an activity relating to the
administration of a national cemetery or a State
veterans' cemetery.
(G) Any activity of a State veterans agency related
to providing assistance to veterans in obtaining any
benefit under the laws administered by the Secretary or
the laws of the State.
(H) A position working in a Center of Excellence for
Veteran Student Success, as established pursuant to
part T of title VIII of the Higher Education Act of
1965 (20 U.S.C. 1161t et seq.).
(I) A position working in a cooperative program
carried out jointly by the Department and an
institution of higher learning.
(J) Any other veterans-related position in an
institution of higher learning.
(5) An individual may elect, in a manner prescribed by the
Secretary, to be paid in advance an amount equal to 40 percent
of the total amount of the work-study allowance agreed to be
paid under the agreement in return for the individual's
agreement to perform the number of hours of work specified in
the agreement (but not more than an amount equal to 50 times
the applicable hourly minimum wage).
(6) For the purposes of this subsection and subsection (e),
the term ``applicable hourly minimum wages'' means--
(A) the hourly minimum wage under section 6(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
(B) the hourly minimum wage under comparable law of
the State in which the services are to be performed, if
such wage is higher than the wage referred to in
subparagraph (A) and the Secretary has made a
determination to pay such higher wage.
(b) Notwithstanding any other provision of law, the Secretary
shall, subject to the provisions of subsection (e) of this
section, utilize, in connection with the activities specified
in subsection (a)(1) of this section, the service of
individuals who are pursuing programs of rehabilitation,
education, or training under chapter 30, 31, 32, 33, or 34 of
this title or chapter 1606 or 1607 of title 10, at a rate equal
to at least three-quarters of that required of a full-time
student. In carrying out this section, the Secretary, wherever
feasible, shall give priority to veterans with disabilities
rated at 30 percent or more for purposes of chapter 11 of this
title. In the event an individual ceases to be at least a
three-quarter-time student before completing such agreement,
the individual may, with the approval of the Secretary, be
permitted to complete such agreement.
(c) The Secretary shall determine the number of individuals
whose services the Department of Veterans Affairs can
effectively utilize and the types of services that such
individuals may be required to perform, on the basis of a
survey, which the Secretary shall conduct annually, of each
Department of Veterans Affairs regional office in order to
determine the numbers of individuals whose services can
effectively be utilized during an enrollment period in each
geographical area where Department of Veterans Affairs
activities are conducted, and shall determine which individuals
shall be offered agreements under this section in accordance
with regulations which the Secretary shall prescribe, including
as criteria (1) the need of the individual to augment the
veteran's educational assistance or subsistence allowance; (2)
the availability to the individual of transportation to the
place where the individual's services are to be performed; (3)
the motivation of the individual; and (4) in the case of a
disabled veteran pursuing a course of vocational rehabilitation
under chapter 31 of this title, the compatibility of the work
assignment to the veteran's physical condition.
(d) While performing the services authorized by this section,
individuals shall be deemed employees of the United States for
the purposes of the benefits of chapter 81 of title 5 but not
for the purposes of laws administrated by the Office of
Personnel Management.
(e)(1) Subject to paragraph (2) of this subsection, the
Secretary may, notwithstanding any other provision of law,
enter into an agreement with an individual under this section,
or a modification of such an agreement, whereby the individual
agrees to perform a qualifying work-study activity described in
subsection (a)(4) and agrees that the Secretary shall, in lieu
of paying the work-study allowance payable for such services,
as provided in subsection (a) of this section, deduct the
amount of the allowance from the amount which the individual
has been determined to be indebted to the United States by
virtue of such individual's participation in a benefits program
under this chapter, chapter 30, 31, 32, 33, 35, or 36 of this
title, or chapter 1606 or 1607 of title 10 (other than an
indebtedness arising from a refund penalty imposed under
section 2135 of such title).
(2)(A) Subject to subparagraph (B) of this paragraph, the
provisions of this section (other than those provisions which
are determined by the Secretary to be inapplicable to an
agreement under this subsection) shall apply to any agreement
authorized under paragraph (1) of this subsection.
(B) For the purposes of this subsection, the Secretary may--
(i) waive, in whole or in part, the limitations in
subsection (a) of this section concerning the number of
hours and periods during which services can be
performed by the individual and the provisions of
subsection (b) of this section requiring the
individual's pursuit of a program of rehabilitation,
education, or training;
(ii) in accordance with such terms and conditions as
may be specified in the agreement under this
subsection, waive or defer charging interest and
administrative costs pursuant to section 5315 of this
title on the indebtedness to be satisfied by
performance of the agreement; and
(iii) notwithstanding the indebtedness offset
provisions of section 5314 of this title, waive or
defer until the termination of an agreement under this
subsection the deduction of all or any portion of the
amount of indebtedness covered by the agreement from
future payments to the individual as described in
section 5314 of this title.
(3)(A) Subject to the provisions of subparagraphs (B) and (C)
of this paragraph, an agreement authorized under this
subsection shall terminate in accordance with the provisions of
this section and the terms and conditions of the agreement
which are consistent with this subsection.
(B) In no event shall an agreement under this subsection
continue in force after the total amount of the individual's
indebtedness described in paragraph (1) of this subsection has
been recouped, waived, or otherwise liquidated.
(C) Notwithstanding the provisions of subparagraphs (A) and
(B) of this paragraph, if the Secretary finds that an
individual was without fault and was allowed to perform
services described in the agreement after its termination, the
Secretary shall, as reasonable compensation therefor, pay the
individual at the applicable hourly minimum wage rate for such
services as the Secretary determines were satisfactorily
performed.
(4) The Secretary shall promulgate regulations to carry out
this subsection.
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
SUBCHAPTER I--STATE APPROVING AGENCIES
Sec.
3670. Scope of approval.
* * * * * * *
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
* * * * * * *
3699. Provision of certain information to educational institutions.
SUBCHAPTER I--STATE APPROVING AGENCIES
* * * * * * *
Sec. 3672. Approval of courses
(a) An eligible person or veteran shall receive the benefits
of this chapter and chapters 34 and 35 of this title while
enrolled in a course of education offered by an educational
institution only if (1) such course is approved as provided in
this chapter and chapters 34 and 35 of this title by the State
approving agency for the State where such educational
institution is located, or by the Secretary, or (2) such course
is approved (A) for the enrollment of the particular individual
under the provisions of section 3536 of this title or (B) for
special restorative training under subchapter V of chapter 35
of this title. Approval of courses by State approving agencies
shall be in accordance with the provisions of this chapter and
chapters 34 and 35 of this title and such other regulations and
policies as the State approving agency may adopt. Each State
approving agency shall furnish the Secretary with a current
list of educational institutions specifying courses which it
has approved, and, in addition to such list, it shall furnish
such other information to the Secretary as it and the Secretary
may determine to be necessary to carry out the purposes of this
chapter and chapters 34 and 35 of this title. Each State
approving agency shall notify the Secretary of the disapproval
of any course previously approved and shall set forth the
reasons for such disapproval.
(b)(1) The Secretary shall be responsible for the approval of
courses of education offered by any agency of the Federal
Government authorized under other laws to supervise such
education. The Secretary may approve any course in any other
educational institution in accordance with the provisions of
this chapter and chapters 34 and 35 of this title.
(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A,
3684, and 3696 of this title, [the following programs are
deemed to be approved for purposes of this chapter:] a program
of education is deemed to be approved for purposes of this
chapter if a State approving agency determines that the program
is one of the following programs:
(i) An accredited standard college degree program
offered at a public or not-for-profit proprietary
educational institution that is accredited by an agency
or association recognized for that purpose by the
Secretary of Education.
(ii) A flight training course approved by the Federal
Aviation Administration that is offered by a certified
pilot school that possesses a valid Federal Aviation
Administration pilot school certificate.
(iii) An apprenticeship program registered with the
Office of Apprenticeship (OA) of the Employment
Training Administration of the Department of Labor or a
State apprenticeship agency recognized by the Office of
Apprenticeship pursuant to the Act of August 16, 1937
(popularly known as the ``National Apprenticeship
Act''; 29 U.S.C. 50 et seq.).
(iv) A program leading to a secondary school diploma
offered by a secondary school approved in the State in
which it is operating.
(B) A licensure test offered by a Federal, State, or local
government is deemed to be approved for purposes of this
chapter.
(c)(1) In the case of programs of apprenticeship where--
(A) the apprenticeship standards have been approved
by the Secretary of Labor pursuant to section 2 of the
Act of August 16, 1937 (popularly known as the
``National Apprenticeship Act'') (29 U.S.C. 50a), as a
national apprenticeship program for operation in more
than one State, and
(B) the training establishment is a carrier directly
engaged in interstate commerce which provides such
training in more than one State,
the Secretary shall act as a ``State approving agency'' as such
term is used in section 3687(a)(1) of this title and shall be
responsible for the approval of all such programs.
(2) The period of a program of apprenticeship may be
determined based upon a specific period of time (commonly
referred to as a ``time-based program''), based upon the
demonstration of successful mastery of skills (commonly
referred to as a ``competency-based program''), or based upon a
combination thereof.
(3)(A) In the case of a competency-based program of
apprenticeship, State approving agencies shall determine the
period for which payment may be made for such a program under
chapters 30 and 35 of this title and chapter 1606 of title 10.
In determining the period of such a program, State approving
agencies shall take into consideration the approximate term of
the program recommended in registered apprenticeship program
standards recognized by the Secretary of Labor.
(B) The sponsor of a competency-based program of
apprenticeship shall provide notice to the State approving
agency involved of any such standards that may apply to the
program and the proposed approximate period of training under
the program.
(4) The sponsor of a competency-based program of
apprenticeship shall notify the Secretary upon the successful
completion of a program of apprenticeship by an individual
under chapter 30 or 35 of this title, or chapter 1606 of title
10, as the case may be.
(d)(1) Pursuant to regulations prescribed by the Secretary in
consultation with the Secretary of Labor, the Secretary and
State approving agencies shall actively promote the development
of apprenticeship and on the job training programs for the
purposes of sections 3677 and 3687 of this title and shall
utilize the services of disabled veterans' outreach program
specialists under section 4103A of this title to promote the
development of such programs. The Secretary of Labor shall
provide assistance and services to the Secretary, and to State
approving agencies, to increase the use of apprenticeships.
(2) In conjunction with outreach services provided by the
Secretary under chapter 77 of this title for education and
training benefits, each State approving agency shall conduct
outreach programs and provide outreach services to eligible
persons and veterans about education and training benefits
available under applicable Federal and State law.
(e) A program of education exclusively by correspondence, and
the correspondence portion of a combination correspondence-
residence course leading to a vocational objective, that is
offered by an educational institution (as defined in section
3452(c) of this title) may be approved only if (1) the
educational institution is accredited by an entity recognized
by the Secretary of Education, and (2) at least 50 percent of
those pursuing such a program or course require six months or
more to complete the program or course.
* * * * * * *
Sec. 3675. Approval of accredited courses
(a)(1) [The Secretary or a State approving agency] A State
approving agency, or the Secretary when acting in the role of a
State approving agency, may approve accredited programs
(including non-degree accredited programs) [offered by
proprietary for-profit educational institutions] not covered by
section 3672 of this title when--
(A) such courses have been accredited and approved by
a nationally recognized accrediting agency or
association;
(B) such courses are conducted under the Act of
February 23, 1917 (20 U.S.C. 11 et seq.);
(C) such courses are accepted by the State department
of education for credit for a teacher's certificate or
a teacher's degree; or
(D) such courses are approved by the State as meeting
the requirement of regulations prescribed by the
Secretary of Health and Human Services under sections
1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social
Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i) and
1396r(f)(2)(A)(i)).
(2)(A) For the purposes of this chapter, the Secretary of
Education shall publish a list of nationally recognized
accrediting agencies and associations which that Secretary
determines to be reliable authority as to the quality of
training offered by an educational institution.
(B) Except as provided in section 3672(e) of this title, a
State approving agency may utilize the accreditation of any
accrediting association or agency listed pursuant to
subparagraph (A) of this paragraph for approval of courses
specifically accredited and approved by such accrediting
association or agency.
(3)(A) An educational institution shall submit an application
for approval of courses to the appropriate State approving
agency. In making application for approval, the institution
(other than an elementary school or secondary school) shall
transmit to the State approving agency copies of its catalog or
bulletin which must be certified as true and correct in content
and policy by an authorized representative of the institution.
(B) Each catalog or bulletin transmitted by an institution
under subparagraph (A) of this paragraph shall--
(i) state with specificity the requirements of the
institution with respect to graduation;
(ii) include the information required under
paragraphs (6) and (7) of section 3676(b) of this
title; and
(iii) include any attendance standards of the
institution, if the institution has and enforces such
standards.
(b) As a condition of approval under this section, [the
Secretary or the State approving agency] the State approving
agency, or the Secretary when acting in the role of a State
approving agency, must find the following:
(1) The educational institution keeps adequate
records, as prescribed by [the Secretary or the State
approving agency] the State approving agency, or the
Secretary when acting in the role of a State approving
agency,, to show the progress and grades of the
eligible person or veteran and to show that
satisfactory standards relating to progress and conduct
are enforced.
(2) The educational institution maintains a written
record of the previous education and training of the
eligible person or veteran that clearly indicates that
appropriate credit has been given by the educational
institution for previous education and training, with
the training period shortened proportionately.
(3) The educational institution and its approved
courses meet the criteria of paragraphs (1), (2), [and
(3)] (3), and (14) of section 3676(c) of this title.
(c)(1) A State approving agency may approve the
entrepreneurship courses offered by a qualified provider of
entrepreneurship courses.
(2) For purposes of this subsection, the term
``entrepreneurship course'' means a non-degree, non-credit
course of business education that enables or assists a person
to start or enhance a small business concern (as defined
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
(3) Subsection (a) and paragraphs (1) and (2) of subsection
(b) shall not apply to--
(A) an entrepreneurship course offered by a qualified
provider of entrepreneurship courses; and
(B) a qualified provider of entrepreneurship courses
by reason of such provider offering one or more
entrepreneurship courses.
(4) Notwithstanding paragraph (3), a qualified provider of
entrepreneurship courses shall maintain such records as the
Secretary determines to be necessary to comply with reporting
requirements that apply under section 3684(a)(1) of this title
with respect to eligible persons and veterans enrolled in an
entrepreneurship course offered by the provider.
Sec. 3676. Approval of nonaccredited courses
(a) No course of education which has not been approved by a
State approving agency pursuant to section 3675 of this title,
which is offered by a public or private, profit or nonprofit,
educational institution shall be approved for the purposes of
this chapter unless the educational institution offering such
course submits to the appropriate State approving agency a
written application for approval of such course in accordance
with the provisions of this chapter.
(b) Such application shall be accompanied by not less than
two copies of the current catalog or bulletin which is
certified as true and correct in content and policy by an
authorized owner or official and includes the following:
(1) Identifying data, such as volume number and date
of publication;
(2) Names of the institution and its governing body,
officials and faculty;
(3) A calendar of the institution showing legal
holidays, beginning and ending date of each quarter,
term, or semester, and other important dates;
(4) Institution policy and regulations on enrollment
with respect to enrollment dates and specific entrance
requirements for each course;
(5) Institution policy and regulations relative to
leave, absences, class cuts, makeup work, tardiness and
interruptions for unsatisfactory attendance;
(6) Institution policy and regulations relative to
standards of progress required of the student by the
institution (this policy will define the grading system
of the institution, the minimum grades considered
satisfactory, conditions for interruption for
unsatisfactory grades or progress and a description of
the probationary period, if any, allowed by the
institution, and conditions of reentrance for those
students dismissed for unsatisfactory progress. A
statement will be made regarding progress records kept
by the institution and furnished the student);
(7) Institution policy and regulations relating to
student conduct and conditions for dismissal for
unsatisfactory conduct;
(8) Detailed schedules of fees, charges for tuition,
books, supplies, tools, student activities, laboratory
fees, service charges, rentals, deposits, and all other
charges;
(9) Policy and regulations of the institution
relative to the refund of the unused portion of
tuition, fees, and other charges in the event the
student does not enter the course or withdraws or is
discontinued therefrom;
(10) A description of the available space,
facilities, and equipment;
(11) A course outline for each course for which
approval is requested, showing subjects or units in the
course, type of work or skill to be learned, and
approximate time and clock hours to be spent on each
subject or unit; and
(12) Policy and regulations of the institution
relative to granting credit for previous educational
training.
(c) The appropriate State approving agency may approve the
application of such institution when the institution and its
non-accredited courses are found upon investigation to have met
the following criteria:
(1) The courses, curriculum, and instruction are
consistent in quality, content, and length with similar
courses in public schools and other private schools in
the State, with recognized accepted standards.
(2) There is in the institution adequate space,
equipment, instructional material, and instructor
personnel to provide training of good quality.
(3) Educational and experience qualifications of
directors, administrators, and instructors are
adequate.
(4) The institution maintains a written record of the
previous education and training of the eligible person
and clearly indicates that appropriate credit has been
given by the institution for previous education and
training, with the training period shortened
proportionately and the eligible person so notified.
(5) A copy of the course outline, schedule of
tuition, fees, and other charges, regulations
pertaining to absence, grading policy, and rules of
operation and conduct will be furnished the eligible
person upon enrollment.
(6) Upon completion of training, the eligible person
is given a certificate by the institution indicating
the approved course and indicating that training was
satisfactorily completed.
(7) Adequate records as prescribed by the State
approving agency are kept to show attendance and
progress or grades, and satisfactory standards relating
to attendance, progress, and conduct are enforced.
(8) The institution complies with all local, city,
county, municipal, State, and Federal regulations, such
as fire codes, building and sanitation codes. The State
approving agency may require such evidence of
compliance as is deemed necessary.
(9) The institution is financially sound and capable
of fulfilling its commitments for training.
(10) The institution does not utilize advertising of
any type which is erroneous or misleading, either by
actual statement, omission, or intimation. The
institution shall not be deemed to have met this
requirement until the State approving agency (A) has
ascertained from the Federal Trade Commission whether
the Commission has issued an order to the institution
to cease and desist from any act or practice, and (B)
has, if such an order has been issued, given due weight
to that fact.
(11) The institution does not exceed its enrollment
limitations as established by the State approving
agency.
(12) The institution's administrators, directors,
owners, and instructors are of good reputation and
character.
(13) The institution has and maintains a policy for
the refund of the unused portion of tuition, fees, and
other charges in the event the eligible person fails to
enter the course or withdraws or is discontinued
therefrom at any time before completion and--
(A) in the case of an institution (other than
(i) a Federal, State, or local Government
institution or (ii) an institution described in
subparagraph (B)), such policy provides that
the amount charged to the eligible person for
tuition, fees, and other charges for a portion
of the course shall not exceed the approximate
pro rata portion of the total charges for
tuition, fees, and other charges that the
length of the completed portion of the course
bears to its total length; or
(B) in the case of an institution that is a
nonaccredited public educational institution,
the institution has and maintains a refund
policy regarding the unused portion of tuition,
fees, and other charges that is substantially
the same as the refund policy followed by
accredited public educational institutions
located within the same State as such
institution.
(14) Such additional criteria as may be deemed
necessary by the State approving agency if the
Secretary, in consultation with the State approving
agency and pursuant to regulations prescribed to carry
out this paragraph, determines such criteria are
necessary and treat public, private, and proprietary
for-profit educational institutions equitably.
(d) The Secretary may waive, in whole or in part, the
requirements of subsection (c)(13) of this section in the case
of an educational institution which--
(1) is a college, university, or similar institution
offering postsecondary level academic instruction that
leads to an associate or higher degree,
(2) is operated by an agency of a State or of a unit
of local government,
(3) is located within such State or, in the case of
an institution operated by an agency of a unit of local
government, within the boundaries of the area over
which such unit has taxing jurisdiction, and
(4) is a candidate for accreditation by a regional
accrediting association,
if the Secretary determines, pursuant to regulations which the
Secretary shall prescribe, that such requirements would work an
undue administrative hardship because the total amount of
tuition, fees, and other charges at such institution is
nominal.
(e) Notwithstanding any other provision of this title, a
course of education shall not be approved under this section if
it is to be pursued in whole or in part by independent study.
* * * * * * *
Sec. 3679. Disapproval of courses
(a) Any course approved for the purposes of this chapter
which fails to meet any of the requirements of this chapter
shall be immediately disapproved by the Secretary or the
appropriate State approving agency. An educational institution
which has its courses disapproved by the Secretary or a State
approving agency will be notified of such disapproval by a
certified or registered letter of notification and a return
receipt secured.
(b) Each State approving agency shall notify the Secretary of
each course which it has disapproved under this section. The
Secretary shall notify the State approving agency of the
Secretary's disapproval of any educational institution under
chapter 31 of this title.
(c)(1) Notwithstanding any other provision of this chapter
and subject to paragraphs (3) through (6), the Secretary shall
disapprove a course of education provided by a public
institution of higher learning if the institution charges
tuition and fees for that course for covered individuals who
are pursuing the course with educational assistance under
chapter 30 or 33 of this title while living in the State in
which the institution is located at a rate that is higher than
the rate the institution charges for tuition and fees for that
course for residents of the State in which the institution is
located, regardless of the covered individual's State of
residence.
(2) For purposes of this subsection, a covered individual is
any individual as follows:
(A) A veteran who was discharged or released from a
period of not fewer than 90 days of service in the
active military, naval, or air service less than three
years before the date of enrollment in the course
concerned.
(B) An individual who is entitled to assistance under
section 3311(b)(9) [or 3319 of this title by virtue of
such individual's relationship to a veteran described
in subparagraph (A).] of this title or to whom
educational assistance is transferred under section
3319 of this title.
(3) If after enrollment in a course of education that is
subject to disapproval under paragraph (1) by reason of
paragraph (2)(A) or (2)(B) a covered individual pursues one or
more courses of education at the same public institution of
higher learning while remaining continuously enrolled (other
than during regularly scheduled breaks between courses,
semesters or terms) at that institution of higher learning, any
course so pursued by the covered individual at that institution
of higher learning while so continuously enrolled shall also be
subject to disapproval under paragraph (1).
(4) It shall not be grounds to disapprove a course of
education under paragraph (1) if a public institution of higher
learning requires a covered individual pursuing a course of
education at the institution to demonstrate an intent, by means
other than satisfying a physical presence requirement, to
establish residency in the State in which the institution is
located, or to satisfy other requirements not relating to the
establishment of residency, in order to be charged tuition and
fees for that course at a rate that is equal to or less than
the rate the institution charges for tuition and fees for that
course for residents of the State.
(5) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
(6) Disapproval under paragraph (1) shall apply only with
respect to educational assistance under chapters 30 and 33 of
this title.
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 3684. Reports by veterans, eligible persons, and institutions;
reporting fee
(a)(1) Except as provided in paragraph (2) of this
subsection, the veteran or eligible person and the educational
institution offering a course in which such veteran or eligible
person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of
this title shall, without delay, report to the Secretary, in
the form prescribed by the Secretary, such enrollment and any
interruption or termination of the education of each such
veteran or eligible person. The date of such interruption or
termination will be the last date of pursuit, or, in the case
of correspondence training, the last date a lesson was serviced
by a school.
(2)(A) In the case of a program of independent study pursued
on less than a half-time basis in an educational institution,
the Secretary may approve a delay by the educational
institution in reporting the enrollment or reenrollment of an
eligible veteran or eligible person until the end of the term,
quarter, or semester if the educational institution requests
the delay and the Secretary determines that it is not feasible
for the educational institution to monitor interruption or
termination of the veteran's or eligible person's pursuit of
such program.
(B) An educational institution which, pursuant to
subparagraph (A) of this paragraph, is delaying the reporting
of the enrollment or reenrollment of a veteran shall provide
the veteran with notice of the delay at the time that the
veteran enrolls or reenrolls.
(3)(A) Subject to subparagraph (B) of this paragraph, an
educational institution offering courses on a term, quarter, or
semester basis may certify the enrollment of a veteran who is
not on active duty, or of an eligible person, in such courses
for more than one term, quarter, or semester at a time, but not
for a period extending beyond the end of a school year
(including the summer enrollment period).
(B) Subparagraph (A) of this paragraph shall not apply with
respect to any term, quarter, or semester for which the veteran
or eligible person is enrolled on a less than half-time basis
and shall not be construed as restricting the Secretary from
requiring that an educational institution, in reporting an
enrollment for more than one term, quarter, or semester,
specify the dates of any intervals within or between any such
terms, quarters, or semesters.
(4) For purposes of this subsection, the term ``educational
institution'' may include a group, district, or consortium of
separately accredited educational institutions located in the
same State that are organized in a manner that facilitates the
centralized reporting of the enrollments in such group,
district, or consortium of institutions.
(b) The Secretary, prior to making payment of a reporting fee
to an educational institution, as provided for in subsection
(c) of this section, shall require such institution to certify
that it has exercised reasonable diligence in determining
whether such institution or any course offered by such
institution approved for the enrollment of veterans or eligible
persons meets all of the applicable requirements of chapters
31, 34, 35, and 36 of this title and that it will, without
delay, report any failure to meet any such requirement to the
Secretary.
(c) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing
education or training under either this chapter or chapter 31,
34, or 35 of this title, a reporting fee which will be in lieu
of any other compensation or reimbursement for reports or
certifications which such educational institution or joint
apprenticeship training committee is required to submit to the
Secretary by law or regulation. Such reporting fee shall be
computed for each calendar year by multiplying $12 by the
number of eligible veterans or eligible persons enrolled under
this chapter or chapter 31, 34, or 35 of this title, or $15 in
the case of those eligible veterans and eligible persons whose
educational assistance checks are directed in care of each
institution for temporary custody and delivery and are
delivered at the time of registration as provided under section
3680(d)(4) of this title, during the calendar year. The
reporting fee shall be paid to such educational institution or
joint apprenticeship training committee as soon as feasible
after the end of the calendar year for which it is applicable.
No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary
against any liability of such institution for any overpayment
for which such institution may be administratively determined
to be liable under section 3685 of this title unless such
liability is not contested by such institution or has been
upheld by a final decree of a court of appropriate
jurisdiction. Any reporting fee paid an educational institution
or joint apprenticeship training committee after the date of
the enactment of the Post-9/11 Veterans Educational Assistance
Improvements Act of 2011 shall be utilized by such institution
or committee solely for the making of certifications required
under this chapter or chapter 31, 34, or 35 of this title or
for otherwise supporting programs for veterans. The reporting
fee payable under this subsection shall be paid from amounts
appropriated for readjustment benefits.
(d) Not later than 90 days after the date of the enactment of
this subsection, the Secretary shall ensure that the Department
provides personnel of educational institutions who are charged
with submitting reports or certifications to the Secretary
under this section with assistance in preparing and submitting
such reports or certifications.
* * * * * * *
Sec. 3692. Advisory committee
(a) There shall be a Veterans' Advisory Committee on
Education formed by the Secretary which shall be composed of
persons who are eminent in their respective fields of
education, labor, and management and of representatives of
institutions and establishments furnishing education to
eligible veterans or persons enrolled under chapter 30, 32, 33,
or 35 of this title and chapter 1606 of title 10. The committee
shall also, to the maximum extent practicable, include veterans
representative of World War II, the Korean conflict era, the
post-Korean conflict era, the Vietnam era, the post-Vietnam
era, and the Persian Gulf War. The Assistant Secretary of
Education for Postsecondary Education (or such other comparable
official of the Department of Education as the Secretary of
Education may designate) [and the Assistant Secretary of Labor
for Veterans' Employment and Training shall be ex officio
members] an ex officio member of the advisory committee.
(b) The Secretary shall consult with and seek the advice of
the committee from time to time with respect to the
administration of this chapter, chapters 30, 32, 33, and 35 of
this title, and chapter 1606 of title 10. The committee may
make such reports and recommendations as it considers desirable
to the Secretary and the Congress.
(c) The committee shall remain in existence until December
31, 2015.
Sec. 3693. Compliance surveys
[(a) Except as provided in subsection (b) of this section,
the Secretary shall conduct an annual compliance survey of each
institution offering one or more courses approved for the
enrollment of eligible veterans or persons if at least 300
veterans or persons are enrolled in such course or courses
under provisions of this title or if any such course does not
lead to a standard college degree. Such compliance survey shall
be designed to ensure that the institution and approved courses
are in compliance with all applicable provisions of chapters 30
through 36 of this title. The Secretary shall assign at least
one education compliance specialist to work on compliance
surveys in any year for each 40 compliance surveys required to
be made under this section for such year.]
(a)(1) Except as provided in subsection (b), the Secretary
shall conduct an annual compliance survey of educational
institutions and training establishments offering one or more
courses approved for the enrollment of eligible veterans or
persons if at least 20 such veterans or persons are enrolled in
any such course. The Secretary shall--
(A) design the compliance surveys to ensure that such
institutions or establishments, as the case may be, and
approved courses are in compliance with all applicable
provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and
training establishment not less than once during every
two-year period; and
(C) assign not fewer than one education compliance
specialist to work on compliance surveys in any year
for each 40 compliance surveys required to be made
under this section for such year.
(2) The Secretary, in consultation with the State approving
agencies, shall--
(A) annually determine the parameters of the surveys
required under paragraph (1); and
(B) not later than September 1 of each year, make
available to the State approving agencies a list of the
educational institutions and training establishments
that will be surveyed during the fiscal year following
the date of making such list available.
(b) The Secretary may waive the requirement in [subsection
(a) of this section for an annual compliance survey] subsection
(a)(1) for a compliance survey with respect to an [institution]
educational institution or training establishment if the
Secretary determines, based on the [institution's demonstrated
record of compliance] record of compliance of such institution
or establishment with all the applicable provisions of chapters
30 through 36 of this title, that the waiver would be
appropriate and in the best interest of the United States
Government.
(c) In this section, the terms ``educational institution''
and ``training establishment'' have the meaning given such
terms in section 3452 of this title.
* * * * * * *
Sec. 3699. Provision of certain information to educational institutions
For each veteran or other individual pursuing a course of
education that has been approved under this chapter using
educational assistance to which the veteran or other individual
is entitled under chapter 30, 32, 33, or 35 of this title, the
Secretary shall make available to the educational institution
offering the course information about the amount of such
educational assistance to which the veteran or other individual
is entitled. Such information shall be provided to such
educational institution through a secure information technology
system accessible by the educational institution and shall be
regularly updated to reflect any amounts used by the veteran or
other individual.
* * * * * * *
CHAPTER 37--HOUSING AND SMALL BUSINESS LOANS
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 3703. Basic provisions relating to loan guaranty and insurance
(a)(1)(A) Any loan to a veteran eligible for benefits under
this chapter, if made for any of the purposes specified in
section 3710 of this title and in compliance with the
provisions of this chapter, is automatically guaranteed by the
United States in an amount not to exceed the lesser of--
(i)(I) in the case of any loan of not more than
$45,000, 50 percent of the loan;
(II) in the case of any loan of more than $45,000,
but not more than $56,250, $22,500;
(III) except as provided in subclause (IV) of this
clause, in the case of any loan of more than $56,250,
the lesser of $36,000 or 40 percent of the loan; or
(IV) in the case of any loan of more than $144,000
for a purpose specified in clause (1), (2), (3), (5),
(6), or (8) of section 3710(a) of this title, [the
lesser of] the maximum guaranty amount (as defined in
subparagraph (C)) [or 25 percent of the loan]; or
(ii) the maximum amount of guaranty entitlement
available to the veteran as specified in subparagraph
(B) of this paragraph.
(B) The maximum amount of guaranty entitlement available to a
veteran for purposes specified in section 3710 of this title
shall be $36,000, or in the case of a loan described in
subparagraph (A)(i)(IV) of this paragraph, the maximum guaranty
amount (as defined in subparagraph (C)), reduced by the amount
of entitlement previously used by the veteran under this
chapter and not restored as a result of the exclusion in
section 3702(b) of this title.
(C) In this paragraph, the term ``maximum guaranty amount''
means the dollar amount that is equal to 25 percent of the
[Freddie Mac conforming loan limit limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as
adjusted for the year involved.] amount of the loan.
(2)(A) Any housing loan which might be guaranteed under the
provisions of this chapter, when made or purchased by any
financial institution subject to examination and supervision by
any agency of the United States or of any State may, in lieu of
such guaranty, be insured by the Secretary under an agreement
whereby the Secretary will reimburse any such institution for
losses incurred on such loan up to 15 per centum of the
aggregate of loans so made or purchased by it.
(B) Loans insured under this section shall be made on such
other terms, conditions, and restrictions as the Secretary may
prescribe within the limitations set forth in this chapter.
(b) The liability of the United States under any guaranty,
within the limitations of this chapter, shall decrease or
increase pro rata with any decrease or increase of the amount
of the unpaid portion of the obligation.
(c)(1) Loans guaranteed or insured under this chapter shall
be payable upon such terms and conditions as may be agreed upon
by the parties thereto, subject to the provisions of this
chapter and regulations of the Secretary issued pursuant to
this chapter, and shall bear interest not in excess of such
rate as the Secretary may from time to time find the loan
market demands, except that in establishing the rate of
interest that shall be applicable to such loans, the Secretary
shall consult with the Secretary of Housing and Urban
Development regarding the rate of interest applicable to home
loans insured under section 203(b) of the National Housing Act
(12 U.S.C. 1709(b)). In establishing rates of interest under
this paragraph for one or more of the purposes described in
clauses (4) and (7) of section 3710(a) of this title, the
Secretary may establish a rate or rates higher than the rate
specified for other purposes under such section, but any such
rate may not exceed such rate as the Secretary may from time to
time find the loan market demands for loans for such purposes.
(2) The provisions of the Servicemen's Readjustment Act of
1944 which were in effect before April 1, 1958, with respect to
the interest chargeable on loans made or guaranteed under such
Act shall, notwithstanding the provisions of paragraph (1) of
this subsection, continue to be applicable--
(A) to any loan made or guaranteed before April 1,
1958; and
(B) to any loan with respect to which a commitment to
guarantee was entered into by the Secretary before
April 1, 1958.
(3) This section shall not be construed to prohibit a veteran
from paying to a lender any reasonable discount required by
such lender, when the proceeds from the loan are to be used--
(A) to refinance indebtedness pursuant to clause (5),
(8), or (9)(B)(i) of section 3710(a) of this title or
section 3712(a)(1)(F) of this title;
(B) to repair, alter, or improve a farm residence or
other dwelling pursuant to clauses (4) and (7) of
section 3710(a) of this title;
(C) to construct a dwelling or farm residence on land
already owned or to be acquired by the veteran except
where the land is directly or indirectly acquired from
a builder or developer who has contracted to construct
such dwelling for the veteran;
(D) to purchase a dwelling from a class of sellers
which the Secretary determines are legally precluded
under all circumstances from paying such a discount if
the best interest of the veteran would be so served; or
(E) to refinance indebtedness and purchase a
manufactured-home lot pursuant to section
3710(a)(9)(B)(ii) or 3712(a)(1)(G) of this title, but
only with respect to that portion of the loan used to
refinance such indebtedness.
(4)(A) In guaranteeing or insuring loans under this chapter,
the Secretary may elect whether to require that such loans bear
interest at a rate that is--
(i) agreed upon by the veteran and the mortgagee; or
(ii) established under paragraph (1).
The Secretary may, from time to time, change the election under
this subparagraph.
(B) Any veteran, under a loan described in subparagraph
(A)(i), may pay reasonable discount points in connection with
the loan. Except in the case of a loan for the purpose
specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F)
of this title, discount points may not be financed as part of
the principal amount of a loan guaranteed or insured under this
chapter.
(C) Not later than 10 days after an election under
subparagraph (A), the Secretary shall transmit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a notification of the election, together with
an explanation of the reasons therefor.
(d)(1) The maturity of any housing loan at the time of
origination shall not be more than thirty years and thirty-two
days.
(2)(A) Any loan for a term of more than five years shall be
amortized in accordance with established procedure.
(B) The Secretary may guarantee loans with provisions for
various rates of amortization corresponding to anticipated
variations in family income. With respect to any loan
guaranteed under this subparagraph--
(i) the initial principal amount of the loan may not
exceed the reasonable value of the property as of the
time the loan is made; and
(ii) the principal amount of the loan thereafter
(including the amount of all interest to be deferred
and added to principal) may not at any time be
scheduled to exceed the projected value of the
property.
(C) For the purposes of subparagraph (B) of this paragraph,
the projected value of the property shall be calculated by the
Secretary by increasing the reasonable value of the property as
of the time the loan is made at a rate not in excess of 2.5
percent per year, but in no event may the projected value of
the property for the purposes of such subparagraph exceed 115
percent of such reasonable value. A loan made for a purpose
other than the acquisition of a single-family dwelling unit may
not be guaranteed under such subparagraph.
(3)(A) Any real estate housing loan (other than for repairs,
alterations, or improvements) shall be secured by a first lien
on the realty. In determining whether a loan is so secured, the
Secretary may either disregard or allow for subordination to a
superior lien created by a duly recorded covenant running with
the realty in favor of either of the following:
(i) A public entity that has provided or will provide
assistance in response to a major disaster as
determined by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
(ii) A private entity to secure an obligation to such
entity for the homeowner's share of the costs of the
management, operation, or maintenance of property,
services, or programs within and for the benefit of the
development or community in which the veteran's realty
is located, if the Secretary determines that the
interests of the veteran borrower and of the Government
will not be prejudiced by the operation of such
covenant.
(B) With respect to any superior lien described in
subparagraph (A) created after June 6, 1969, the Secretary's
determination under clause (ii) of such subparagraph shall have
been made prior to the recordation of the covenant.
(e)(1) Except as provided in paragraph (2) of this
subsection, an individual who pays a fee under section 3729 of
this title, or who is exempted under section 3729(c)(1) of this
title from paying such fee, with respect to a housing loan
guaranteed or insured under this chapter that is closed after
December 31, 1989, shall have no liability to the Secretary
with respect to the loan for any loss resulting from any
default of such individual except in the case of fraud,
misrepresentation, or bad faith by such individual in obtaining
the loan or in connection with the loan default.
(2) The exemption from liability provided by paragraph (1) of
this subsection shall not apply to--
(A) an individual from whom a fee is collected (or
who is exempted from such fee) under section
3729(b)(2)(I) of this title; or
(B) a loan made for any purpose specified in section
3712 of this title.
(f) The application for or obtaining of a loan made, insured,
or guaranteed under this chapter shall not be subject to
reporting requirements applicable to requests for, or receipts
of, Federal contracts, grants, loans, loan guarantees, loan
insurance, or cooperative agreements except to the extent that
such requirements are provided for in, or by the Secretary
pursuant to, this title.
* * * * * * *
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR
VETERANS
Sec.
4100. Findings.
* * * * * * *
[4102A. Assistant Secretary of Labor for Veterans' Employment and
Training; program functions; Regional Administrators.]
4102A. Deputy Under Secretary for Veterans' Employment, Training, and
Transition; program functions; Regional Administrators.
* * * * * * *
[4108. Cooperation and coordination.]
* * * * * * *
4115. Longitudinal study of job counseling, training, and placement
service for veterans.
Sec. 4100. Findings
The Congress makes the following findings:
(1) As long as unemployment and underemployment
continue as serious problems among disabled veterans
and Vietnam-era veterans, alleviating unemployment and
underemployment among such veterans is a national
responsibility.
(2) Because of the special nature of employment and
training needs of such veterans and the national
responsibility to meet those needs, policies and
programs to increase opportunities for such veterans to
obtain employment, job training, counseling, and job
placement services and assistance in securing
advancement in employment should be effectively and
vigorously implemented by the [Secretary of Labor]
Secretary and such implementation should be
accomplished through the [Assistant Secretary of Labor
for Veterans' Employment and Training] Deputy Under
Secretary for Employment, Training, and Transition.
Sec. 4101. Definitions
For the purposes of this chapter--
(1) The term ``special disabled veteran'' has the
same meaning provided in section 4211(1) of this title.
(2) The term ``veteran of the Vietnam era'' has the
same meaning provided in section 4211(2) of this title.
(3) The term ``disabled veteran'' has the same
meaning provided in section 4211(3) of this title.
(4) The term ``eligible veteran'' has the same
meaning provided in section 4211(4) of this title.
(5) The term ``eligible person'' means--
(A) the spouse of any person who died of a
service-connected disability,
(B) the spouse of any member of the Armed
Forces serving on active duty who, at the time
of application for assistance under this
chapter, is listed, pursuant to section 556 of
title 37 and regulations issued thereunder, by
the Secretary concerned in one or more of the
following categories and has been so listed for
a total of more than ninety days: (i) missing
in action, (ii) captured in line of duty by a
hostile force, or (iii) forcibly detained or
interned in line of duty by a foreign
government or power, or
(C) the spouse of any person who has a total
disability permanent in nature resulting from a
service-connected disability or the spouse of a
veteran who died while a disability so
evaluated was in existence.
(6) The term ``State'' means each of the several
States of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico, and may include,
to the extent determined necessary and feasible, Guam,
American Samoa, the Virgin Islands, the Commonwealth of
the Northern Marianas Islands, and the Trust Territory
of the Pacific Islands.
(7) The term ``employment service delivery system''
means a service delivery system at which or through
which labor exchange services, including employment,
training, and placement services, are offered in
accordance with the Wagner-Peyser Act.
[(8) The term ``Secretary'' means the Secretary of
Labor.]
(9) The term ``career services'' means local
employment and training services of the type described
in section 134(c)(2) of the Workforce Innovation and
Opportunity Act.
Sec. 4102. Purpose
The Congress declares as its intent and purpose that there
shall be an effective (1) job and job training intensive
services program, (2) employment placement service program, and
(3) job training placement service program for eligible
veterans and eligible persons and that, to this end policies
and regulations shall be promulgated and administered by an
[Assistant Secretary of Labor for Veterans' Employment and
Training] Deputy Under Secretary for Employment, Training, and
Transition, established by section 4102A of this title, through
a Veterans' Employment and Training Service within the
[Department of Labor] Department, so as to provide such
veterans and persons the maximum of employment and training
opportunities, with priority given to the needs of disabled
veterans and veterans who served on active duty during a war or
in a campaign or expedition for which a campaign badge has been
authorized through existing programs, coordination and merger
of programs and implementation of new programs, including
programs carried out by the Veterans' Employment and Training
Service to implement all efforts to ease the transition of
servicemembers to civilian careers that are consistent with, or
an outgrowth of, the military experience of the servicemembers.
[Sec. 4102A. Assistant Secretary of Labor for Veterans' Employment and
Training; program functions; Regional
Administrators]
Sec. 4102A. Deputy Under Secretary for Veterans' Employment, Training,
and Transition; program functions; Regional
Administrators
[(a) Establishment of Position of Assistant Secretary of
Labor for Veterans' Employment and Training.--(1) There is
established within the Department of Labor an Assistant
Secretary of Labor for Veterans' Employment and Training,
appointed by the President by and with the advice and consent
of the Senate, who shall formulate and implement all
departmental policies and procedures to carry out (A) the
purposes of this chapter, chapter 42, and chapter 43 of this
title, and (B) all other Department of Labor employment,
unemployment, and training programs to the extent they affect
veterans.
[(2) The employees of the Department of Labor administering
chapter 43 of this title shall be administratively and
functionally responsible to the Assistant Secretary of Labor
for Veterans' Employment and Training.
[(3)(A) There shall be within the Department of Labor a
Deputy Assistant Secretary of Labor for Veterans' Employment
and Training. The Deputy Assistant Secretary shall perform such
functions as the Assistant Secretary of Labor for Veterans'
Employment and Training prescribes.
[(B) No individual may be appointed as a Deputy Assistant
Secretary of Labor for Veterans' Employment and Training unless
the individual has at least five years of service in a
management position as an employee of the Federal civil service
or comparable service in a management position in the Armed
Forces. For purposes of determining such service of an
individual, there shall be excluded any service described in
subparagraphs (A), (B), and (C) of section 308(d)(2) of this
title.]
(a) Deputy Under Secretary for Veterans' Employment,
Training, and Transition.--(1) The Deputy Under Secretary for
Employment, Training, and Transition established by subsection
(c)(2) of section 8001 of this title shall formulate and
implement all departmental policies and procedures to carry out
this chapter and the other programs described in such
subsection.
(2) The employees of the Department administering chapter 43
of this title shall be administratively and functionally
responsible to the Deputy Under Secretary for Employment,
Training, and Transition.
(b) Program Functions.--The Secretary shall carry out the
following functions:
(1) Except as expressly provided otherwise, carry out
all provisions of this chapter and chapter 43 of this
title through the [Assistant Secretary of Labor for
Veterans' Employment and Training] Deputy Under
Secretary for Employment, Training, and Transition and
administer through [such Assistant Secretary] such
Deputy Under Secretary all programs under the
jurisdiction of the Secretary for the provision of
employment and training services designed to meet the
needs of all veterans and persons eligible for services
furnished under this chapter.
(2) In order to make maximum use of available
resources in meeting such needs, encourage all such
programs, and all grantees and contractors under such
programs to enter into cooperative arrangements with
private industry and business concerns (including small
business concerns owned by veterans or disabled
veterans), educational institutions, trade
associations, and labor unions.
(3) Ensure that maximum effectiveness and efficiency
are achieved in providing services and assistance to
eligible veterans under all such programs by
coordinating [and consulting with the Secretary of
Veterans Affairs] with respect to (A) programs
conducted under other provisions of this title, with
particular emphasis on coordination of such programs
with readjustment counseling activities carried out
under section 1712A of this title, apprenticeship or
other on-the-job training programs carried out under
section 3687 of this title, and rehabilitation and
training activities carried out under chapter 31 of
this title and (B) determinations covering veteran
population in a State.
(4) Ensure that employment, training, and placement
activities are carried out in coordination and
cooperation with appropriate State public employment
service officials.
(5) Subject to subsection (c), make available for use
in each State by grant or contract such funds as may be
necessary to support--
(A) disabled veterans' outreach program
specialists appointed under section 4103A(a)(1)
of this title,
(B) local veterans' employment
representatives assigned under section 4104(b)
of this title, and
(C) the reasonable expenses of such
specialists and representatives described in
subparagraphs (A) and (B), respectively, for
training, travel, supplies, and other business
expenses, including travel expenses and per
diem for attendance at the National Veterans'
Employment and Training Services Institute
established under section 4109 of this title.
(6) Monitor and supervise on a continuing basis the
distribution and use of funds provided for use in the
States under paragraph (5).
(7) Establish, and update as appropriate, a
comprehensive performance accountability system (as
described in subsection (f)) and carry out annual
performance reviews of veterans employment, training,
and placement services provided through employment
service delivery systems, including through disabled
veterans' outreach program specialists and through
local veterans' employment representatives in States
receiving grants, contracts, or awards under this
chapter.
(8) With advice and assistance from the Advisory
Committee on Veterans Employment, Training, and
Employer Outreach established under section 4110 of
this title, furnish information to employers (through
meetings in person with hiring executives of
corporations and otherwise) with respect to the
training and skills of veterans and disabled veterans,
and the advantages afforded employers by hiring
veterans with such training and skills, and to
facilitate employment of veterans and disabled veterans
through participation in labor exchanges (Internet-
based and otherwise), and other means.
(c) Conditions for Receipt of Funds.--(1) The distribution
and use of funds under subsection (b)(5) in order to carry out
sections 4103A(a) and 4104(a) of this title shall be subject to
the continuing supervision and monitoring of the Secretary and
shall not be governed by the provisions of any other law, or
any regulations prescribed thereunder, that are inconsistent
with this section or section 4103A or 4104 of this title.
(2)(A) A State shall submit to the Secretary an application
for a grant or contract under subsection (b)(5). The
application shall contain the following information:
(i) A plan that describes the manner in which the
State shall furnish employment, training, and placement
services required under this chapter for the program
year, including a description of--
(I) duties assigned by the State to disabled
veterans' outreach program specialists and
local veterans' employment representatives
consistent with the requirements of sections
4103A and 4104 of this title;
(II) the manner in which such specialists and
representatives are integrated in the
employment service delivery systems in the
State; and
(III) the program of performance incentive
awards described in section 4112 of this title
in the State for the program year.
(ii) The veteran population to be served.
(iii) For each employee of the State who is assigned
to perform the duties of a disabled veterans' outreach
program specialist or a local veterans' employment
representative under this chapter--
(I) the date on which the employee is so
assigned; and
(II) whether the employee has satisfactorily
completed such training by the National
Veterans' Employment and Training Services
Institute as the Secretary requires for
purposes of paragraph (8).
(iv) Such additional information as the Secretary may
require to make a determination with respect to
awarding a grant or contract to the State.
(B)(i) Subject to the succeeding provisions of this
subparagraph, of the amount available under subsection (b)(5)
for a fiscal year, the Secretary shall make available to each
State with an application approved by the Secretary an amount
of funding in proportion to the number of veterans seeking
employment using such criteria as the Secretary may establish
in regulation, including civilian labor force and unemployment
data, for the State on an annual basis. The proportion of
funding shall reflect the ratio of--
(I) the total number of veterans residing in the
State that are seeking employment; to
(II) the total number of veterans seeking employment
in all States.
(ii) The Secretary shall phase in over the three fiscal-year
period that begins on October 1, 2003, the manner in which
amounts are made available to States under subsection (b)(5)
and this subsection, as amended by the Jobs for Veterans Act.
(iii) In carrying out this paragraph, the Secretary may
establish minimum funding levels and hold-harmless criteria for
States.
(3)(A)(i) As a condition of a grant or contract under this
section for a program year, in the case of a State that the
Secretary determines has an entered-employment rate for
veterans that is deficient for the preceding program year, the
State shall develop a corrective action plan to improve that
rate for veterans in the State.
(ii) The State shall submit the corrective action plan to the
Secretary for approval, and if approved, shall expeditiously
implement the plan.
(iii) If the Secretary does not approve a corrective action
plan submitted by the State under clause (i), the Secretary
shall take such steps as may be necessary to implement
corrective actions in the State to improve the entered-
employment rate for veterans in that State.
(B) To carry out subparagraph (A), the Secretary shall
establish in regulations a uniform national threshold entered-
employment rate for veterans for a program year by which
determinations of deficiency may be made under subparagraph
(A).
(C) In making a determination with respect to a deficiency
under subparagraph (A), the Secretary shall take into account
the applicable annual unemployment data for the State and
consider other factors, such as prevailing economic conditions,
that affect performance of individuals providing employment,
training, and placement services in the State.
(4) In determining the terms and conditions of a grant or
contract under which funds are made available to a State in
order to carry out section 4103A or 4104 of this title, the
Secretary shall take into account--
(A) the results of reviews, carried out pursuant to
subsection (b)(7), of the performance of the
employment, training, and placement service delivery
system in the State, and
(B) the monitoring carried out under this section.
(5) Each grant or contract by which funds are made available
to a State shall contain a provision requiring the recipient of
the funds--
(A) to comply with the provisions of this chapter;
and
(B) on an annual basis, to notify the Secretary of,
and provide supporting rationale for, each nonveteran
who is employed as a disabled veterans' outreach
program specialist and local veterans' employment
representative for a period in excess of 6 months.
(6) Each State shall coordinate employment, training, and
placement services furnished to veterans and eligible persons
under this chapter with such services furnished with respect to
such veterans and persons under the Workforce Investment Act of
1998 and the Wagner-Peyser Act.
(7) Of the amount of a grant or contract under which funds
are made available to a State in order to carry out section
4103A or 4104 of this title for any program year, one percent
shall be for the purposes of making cash awards under the
program of performance incentive awards described in section
4112 of this title in the State.
(8)(A) As a condition of a grant or contract under which
funds are made available to a State in order to carry out
section 4103A or 4104 of this title, the Secretary shall
require the State to require each employee hired by the State
who is assigned to perform the duties of a disabled veterans'
outreach program specialist or a local veterans' employment
representative under this chapter to satisfactorily complete
training provided by the National Veterans' Employment and
Training Services Institute during the 18-month period that
begins on the date on which the employee is so assigned.
(B) For any employee described in subparagraph (A) who does
not complete such training during such period, the Secretary
may reduce by an appropriate amount the amount made available
to the State employing that employee.
(C) The Secretary may establish such reasonable exceptions to
the completion of training otherwise required under
subparagraph (A) as the Secretary considers appropriate.
(9)(A) As a condition of a grant or contract under which
funds are made available to a State in order to carry out
section 4103A or 4104 of this title for any program year, the
Secretary may require the State--
(i) to demonstrate that when the State approves or
denies a certification or license described in
subparagraph (B) for a veteran the State takes into
consideration any training received or experience
gained by the veteran while serving on active duty in
the Armed Forces; and
(ii) to disclose to the Secretary in writing the
following:
(I) Criteria applicants must satisfy to
receive a certification or license described in
subparagraph (B) by the State.
(II) A description of the standard practices
of the State for evaluating training received
by veterans while serving on active duty in the
Armed Forces and evaluating the documented work
experience of such veterans during such service
for purposes of approving or denying a
certification or license described in
subparagraph (B).
(III) Identification of areas in which
training and experience described in subclause
(II) fails to meet criteria described in
subclause (I)."
(B) A certification or license described in this subparagraph
is any of the following:
(i) A license to be a nonemergency medical
professional.
(ii) A license to be an emergency medical
professional.
(iii) A commercial driver's license.
(C) The Secretary shall share the information the Secretary
receives under subparagraph (A)(ii) with the Secretary of
Defense to help the Secretary of Defense improve training for
military occupational specialties so that individuals who
receive such training are able to receive a certification or
license described in subparagraph (B) from a State.
(D) The Secretary shall publish on the Internet website of
the Department available to the public--
(i) any guidance the Secretary gives the Secretary of
Defense with respect to carrying out this section; and
(ii) any information the Secretary receives from a
State pursuant to subparagraph (A).
(d) Participation in Other Federally Funded Job Training
Programs.--The [Assistant Secretary of Labor for Veterans'
Employment and Training] Deputy Under Secretary for Employment,
Training, and Transition shall promote and monitor
participation of qualified veterans and eligible persons in
employment and training opportunities under title I of the
Workforce Innovation and Opportunity Act and other federally
funded employment and training programs.
(e) Regional Administrators.--(1) The Secretary shall assign
to each region for which the Secretary operates a regional
office a representative of the Veterans' Employment and
Training Service to serve as the Regional Administrator for
Veterans' Employment and Training in such region.
(2) Each such Regional Administrator shall carry out such
duties as the Secretary may require to promote veterans
employment and reemployment within the region that the
Administrator serves.
(f) Establishment of Performance Standards and Outcomes
Measures.--(1) The [Assistant Secretary of Labor for Veterans'
Employment and Training] Deputy Under Secretary for Employment,
Training, and Transition shall establish and implement a
comprehensive performance accountability system to measure the
performance of employment service delivery systems, including
disabled veterans' outreach program specialists and local
veterans' employment representatives providing employment,
training, and placement services under this chapter in a State
to provide accountability of that State to the Secretary for
purposes of subsection (c).
(2) Such standards and measures shall--
(A) be consistent with State performance
accountability measures applicable under section 116(b)
of the Workforce Innovation and Opportunity Act; and
(B) be appropriately weighted to provide special
consideration for placement of (i) veterans requiring
intensive services (as defined in section 4101(9) of
this title), such as special disabled veterans and
disabled veterans, and (ii) veterans who enroll in
readjustment counseling under section 1712A of this
title.
(g) Authority to Provide Technical Assistance to States.--The
Secretary may provide such technical assistance as the
Secretary determines appropriate to any State that the
Secretary determines has, or may have, an entered-employment
rate in the State that is deficient, as determined under
subsection (c)(3) with respect to a program year, including
assistance in the development of a corrective action plan under
that subsection.
(h) Consolidation of Disabled Veterans' Outreach Program
Specialists and Veterans' Employment Representatives.--The
Secretary may allow the Governor of a State receiving funds
under subsection (b)(5) to support specialists and
representatives as described in such subsection to consolidate
the functions of such specialists and representatives if--
(1) the Governor determines, and the Secretary
concurs, that such consolidation--
(A) promotes a more efficient administration
of services to veterans with a particular
emphasis on services to disabled veterans; and
(B) does not hinder the provision of services
to veterans and employers; and
(2) the Governor submits to the Secretary a proposal
therefor at such time, in such manner, and containing
such information as the Secretary may require.
* * * * * * *
Sec. 4105. Cooperation of Federal agencies
(a) All Federal agencies shall furnish the Secretary such
records, statistics, or information as the Secretary may deem
necessary or appropriate in administering the provisions of
this chapter, and shall otherwise cooperate with the Secretary
in providing continuous employment and training opportunities
for eligible veterans and eligible persons.
(b) For the purpose of assisting the Secretary [and the
Secretary of Veterans Affairs] in identifying employers with
potential job training opportunities under the Veterans' Job
Training Act (Public Law 98-77; 29 U.S.C. 1721 note) and
otherwise in order to carry out this chapter, the Secretary of
Defense shall, on the 15th day of each month, provide the
Secretary [and the Secretary of Veterans Affairs] with updated
information regarding any list maintained by the Secretary of
Defense of employers participating in the National Committee
for Employer Support of the Guard and Reserve.
Sec. 4106. Estimate of funds for administration; authorization of
appropriations
(a) The Secretary shall estimate the funds necessary for the
proper and efficient administration of this chapter and
chapters 42 and 43 of this title. Such estimated sums shall
include the annual amounts necessary for salaries, rents,
printing and binding, travel, and communications. Sums thus
estimated shall be included as a special item in the annual
budget for the [Department of Labor] Department. Estimated
funds necessary for proper intensive services, placement, and
training services to eligible veterans and eligible persons
provided by the various State public employment service
agencies shall each be separately identified in the budgets of
those agencies as approved by the [Department of Labor]
Department. Funds estimated pursuant to the first sentence of
this subsection shall include amounts necessary in all of the
States for the purposes specified in paragraph (5) of section
4102A(b) of this title and to fund the National Veterans'
Employment and Training Services Institute under section 4109
of this title and shall be approved by the Secretary only if
the level of funding proposed is in compliance with such
sections. Each budget submission with respect to such funds
shall include a separate listing of the amount for the National
Veterans' Employment and Training Services Institute together
with information demonstrating the compliance of such budget
submission with the funding requirements specified in the
preceding sentence.
(b) There are authorized to be appropriated such sums as may
be necessary for the proper and efficient administration of
this chapter.
(c) In the event that the regular appropriations Act making
appropriations for administrative expenses for the [Department
of Labor] Department with respect to any fiscal year does not
specify an amount for the purposes specified in subsection (b)
of this section for that fiscal year, then of the amounts
appropriated in such Act there shall be available only for the
purposes specified in subsection (b) of this section such
amount as was set forth in the budget estimate submitted
pursuant to subsection (a) of this section.
(d) Any funds made available pursuant to subsections (b) and
(c) of this section shall not be available for any purpose
other than those specified in such subsections.
Sec. 4107. Administrative controls; annual report
(a) The Secretary shall establish administrative controls for
the following purposes:
(1) To insure that each eligible veteran, especially
veterans of the Vietnam era and disabled veterans, and
each eligible person who requests assistance under this
chapter shall promptly be placed in a satisfactory job
or job training opportunity or receive some other
specific form of assistance designed to enhance such
veteran's and eligible person's employment prospects
substantially, such as individual job development or
intensive services.
(2) To determine whether or not the employment
service agencies in each State have committed the
necessary staff to insure that the provisions of this
chapter are carried out; and to arrange for necessary
corrective action where staff resources have been
determined by the Secretary to be inadequate.
(b) The Secretary shall apply performance standards
established under section 4102A(f) of this title for
determining compliance by the State public employment service
agencies with the provisions of this chapter and chapter 42 of
this title. Not later than February 1 of each year, the
Secretary shall report to the Committees on Veterans' Affairs
of the Senate and the House of Representatives on the
performance of States and organizations and entities carrying
out employment, training, and placement services under this
chapter, as measured under subsection (b)(7) of section 4102A
of this title. In the case of a State that the Secretary
determines has not met the minimum standard of performance
(established by the Secretary under subsection (f) of such
section), the Secretary shall include an analysis of the extent
and reasons for the State's failure to meet that minimum
standard, together with the State's plan for corrective action
during the succeeding year.
(c) Not later than February 1 of each year, the Secretary
shall report to the Committees on Veterans' Affairs of the
Senate and the House of Representatives on the success during
the preceding program year of the [Department of Labor]
Department and its affiliated State employment service agencies
in carrying out the provisions of this chapter and programs for
the provision of employment and training services to meet the
needs of eligible veterans and eligible persons. The report
shall include--
(1) specification, by State and by age group, of the
numbers of eligible veterans, disabled veterans,
special disabled veterans, eligible persons, recently
separated veterans (as defined in section 4211(6) of
this title), and servicemembers transitioning to
civilian careers who registered for assistance with, or
who are identified as veterans by, the public
employment service system and, for each of such
categories, the numbers referred to and placed in
permanent and other jobs, the numbers referred to and
placed in jobs and job training programs supported by
the Federal Government, the number who received
intensive services, and the number who received some,
and the number who received no, reportable service;
(2) a comparison of the rate of entered employment
(as determined in a manner consistent with State
performance measures applicable under section 136(b) of
the Workforce Investment Act of 1998) for each of the
categories of veterans and persons described in
paragraph (1) of this subsection with such rate of
entered employment (as so determined) for nonveterans
of the same age groups registered for assistance with
the public employment system in each State;
(3) any determination made by the Secretary during
the preceding fiscal year under section 4106 of this
title or subsection (a)(2) of this section and a
statement of the reasons for such determination;
(4) a report on activities carried out during the
preceding program year under section 4212(d) of this
title;
(5) a report on the operation during the preceding
program year of programs for the provision of
employment and training services designed to meet the
needs of eligible veterans and eligible persons,
including an evaluation of the effectiveness of such
programs during such program year in meeting the
requirements of section 4102A(b) of this title, the
efficiency with which services were provided through
such programs during such year, and such
recommendations for further legislative action relating
to veterans' employment and training as the Secretary
considers appropriate;
(6) a report on the operation during the preceding
program year of the program of performance incentive
awards for quality employment services under section
4112 of this title; and
(7) performance measures for the provision of
assistance under this chapter, including--
(A) the percentage of participants in
programs under this chapter who find employment
before the end of the first 90-day period
following their completion of the program;
(B) the percentage of participants described
in subparagraph (A) who are employed during the
first 180-day period following the period
described in such subparagraph;
(C) the median earnings of participants
described in subparagraph (A) during the period
described in such subparagraph;
(D) the median earnings of participants
described in subparagraph (B) during the period
described in such subparagraph; and
(E) the percentage of participants in
programs under this chapter who obtain a
certificate, degree, diploma, licensure, or
industry-recognized credential relating to the
program in which they participated under this
chapter during the third 90-day period
following their completion of the program.
[Sec. 4108. Cooperation and coordination
[(a) In carrying out the Secretary's responsibilities under
this chapter, the Secretary shall from time to time consult
with the Secretary of Veterans Affairs and keep the Secretary
of Veterans Affairs fully advised of activities carried out and
all data gathered pursuant to this chapter to insure maximum
cooperation and coordination between the Department of Labor
and the Department of Veterans Affairs.
[(b) The Secretary of Veterans Affairs shall provide to
appropriate employment service offices and Department of Labor
offices, as designated by the Secretary, on a monthly or more
frequent basis, the name and address of each employer located
in the areas served by such offices that offer a program of job
training which has been approved by the Secretary of Veterans
Affairs under section 7 of the Veterans' Job Training Act (29
U.S.C. 1721 note).]
* * * * * * *
Sec. 4110. Advisory Committee on Veterans Employment, Training, and
Employer Outreach
(a)(1) There is hereby established within the [Department of
Labor] Department an advisory committee to be known as the
Advisory Committee on Veterans Employment, Training, and
Employer Outreach.
(2) The advisory committee shall--
(A) assess the employment and training needs of
veterans and their integration into the workforce;
(B) determine the extent to which the programs and
activities of the [Department of Labor] Department are
meeting such needs;
(C) assist the [Assistant Secretary of Labor for
Veterans' Employment and Training] Deputy Under
Secretary for Employment, Training, and Transition in
carrying out outreach activities to employers with
respect to the training and skills of veterans and the
advantages afforded employers by hiring veterans;
(D) make recommendations to the Secretary, through
the [Assistant Secretary of Labor for Veterans'
Employment and Training] Deputy Under Secretary for
Employment, Training, and Transition, with respect to
outreach activities and the employment and training of
veterans; and
(E) carry out such other activities that are
necessary to make the reports and recommendations
referred to in subsection (f) of this section.
(b) The [Secretary of Labor] Secretary shall, on a regular
basis, consult with and seek the advice of the advisory
committee with respect to the matters referred to in subsection
(a)(2) of this section.
(c)(1) The [Secretary of Labor] Secretary shall appoint at
least 12, but no more than 16, individuals to serve as members
of the advisory committee as follows:
(A) Seven individuals, one each from among
representatives nominated by each of the following
organizations:
(i) The National Society of Human Resource
Managers.
(ii) The Business Roundtable.
(iii) The National Association of State
Workforce Agencies.
(iv) The United States Chamber of Commerce.
(v) The National Federation of Independent
Business.
(vi) A nationally recognized labor union or
organization.
(vii) The National Governors Association.
(B) Not more than five individuals from among
representatives nominated by veterans service
organizations that have a national employment program.
(C) Not more than five individuals who are recognized
authorities in the fields of business, employment,
training, rehabilitation, or labor and who are not
employees of the [Department of Labor] Department.
(2) A vacancy in the advisory committee shall be filled in
the manner in which the original appointment was made.
(d) The following, or their representatives, shall be ex
officio, nonvoting members of the advisory committee:
[(1) The Secretary of Veterans Affairs.]
[(2)] (1) The Secretary of Defense.
[(3)] (2) The Director of the Office of Personnel
Management.
[(4)] (3) The Assistant [Secretary of Labor]
Secretary for Veterans Employment and Training.
[(5)] (4) The Assistant [Secretary of Labor]
Secretary for Employment and Training.
[(6)] (5) The Administrator of the Small Business
Administration.
(e)(1) The advisory committee shall meet at least quarterly.
(2) The [Secretary of Labor] Secretary shall appoint the
chairman of the advisory committee who shall serve in that
position for no more than 2 consecutive years.
(3)(A) Members of the advisory committee shall serve without
compensation.
(B) Members of the advisory committee shall be allowed
reasonable and necessary travel expenses, including per diem in
lieu of subsistence, at rates authorized for persons serving
intermittently in the Government service in accordance with the
provisions of subchapter I of chapter 57 of title 5 while away
from their homes or regular places of business in the
performance of the responsibilities of the advisory committee.
(4) The [Secretary of Labor] Secretary shall provide staff
and administrative support to the advisory committee through
the Veterans Employment and Training Service.
(f)(1) Not later than December 31 of each year, the advisory
committee shall submit to the Secretary and to the Committees
on Veterans' Affairs of the Senate and House of Representatives
a report on the employment and training needs of veterans, with
special emphasis on disabled veterans, for the previous fiscal
year. Each such report shall contain--
(A) an assessment of the employment and training
needs of veterans and their integration into the
workforce;
(B) an assessment of the outreach activities carried
out by the [Secretary of Labor] Secretary to employers
with respect to the training and skills of veterans and
the advantages afforded employers by hiring veterans;
(C) an evaluation of the extent to which the programs
and activities of the [Department of Labor] Department
are meeting such needs;
(D) a description of the activities of the advisory
committee during that fiscal year;
(E) a description of activities that the advisory
committee proposes to undertake in the succeeding
fiscal year; and
(F) any recommendations for legislation,
administrative action, and other action that the
advisory committee considers appropriate.
(2) In addition to the annual reports made under paragraph
(1), the advisory committee may make recommendations to the
[Secretary of Labor] Secretary with respect to the employment
and training needs of veterans at such times and in such manner
as the advisory committee determines appropriate.
(g) Within 60 days after receiving each annual report
referred to in subsection (f)(1), the [Secretary of Labor]
Secretary shall transmit to Congress a copy of the report
together with any comments concerning the report that the
Secretary considers appropriate.
(h) The advisory committee shall continue until terminated by
law.
Sec. 4110A. Special unemployment study
(a)(1) The Secretary, through the Bureau of Labor Statistics,
shall conduct an annual study of unemployment among each of the
following categories of veterans:
(A) Veterans who were called to active duty while
members of the National Guard or a Reserve Component.
(B) Veterans who served in combat or in a war zone in
the Post 9/11 Global Operations theaters.
(C) Veterans who served on active duty during the
Post 9/11 Global Operations period who did not serve in
the Post 9/11 Global Operations theaters.
(D) Veterans of the Vietnam era who served in the
Vietnam theater of operations during the Vietnam era.
(E) Veterans who served on active duty during the
Vietnam era who did not serve in the Vietnam theater of
operations.
(F) Veterans discharged or released from active duty
within four years of the applicable study.
(G) Special disabled veterans.
(2) Within each of the categories of veterans specified in
paragraph (1), the Secretary shall include a separate category
for women who are veterans.
(b) The Secretary shall promptly submit to [Congress] the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of each study under
subsection (a).
(c) In this section:
(1) The term ``Post 9/11 Global Operations period''
means the period of the Persian Gulf War beginning on
September 11, 2001, and ending on the date thereafter
prescribed by Presidential proclamation or law.
(2) The term ``Post 9/11 Global Operations theaters''
means Afghanistan, Iraq, or any other theater in which
the Global War on Terrorism Expeditionary Medal is
awarded for service.
* * * * * * *
Sec. 4112. Performance incentive awards for quality employment,
training, and placement services
(a) Criteria for Performance Incentive Awards.--(1) For
purposes of carrying out a program of performance incentive
awards under section 4102A(c)(2)(A)(i)(III) of this title, the
Secretary, acting through the [Assistant Secretary of Labor for
Veterans' Employment and Training] Deputy Under Secretary for
Employment, Training, and Transition, shall establish criteria
for performance incentive awards programs to be administered by
States to--
(A) encourage the improvement and modernization of
employment, training, and placement services provided
under this chapter; and
(B) recognize eligible employees and employment
service offices for excellence in the provision of such
services or for having made demonstrable improvements
in the provision of such services.
(2) The Secretary shall establish such criteria in
consultation with representatives of States, political
subdivisions of States, and other providers of employment,
training, and placement services under the Workforce Investment
Act of 1998 consistent with the performance measures
established under section 4102A(b)(7) of this title.
(b) Form of Awards.--Under the criteria established by the
Secretary for performance incentive awards to be administered
by States, an award under such criteria may be a cash award or
such other nonfinancial awards as the Secretary may specify.
(c) Administration and Use of Awards.--Performance incentive
cash awards under this section--
(1) shall be made from amounts allocated from the
grant or contract amount for a State for a program year
under section 4102A(c)(7) of this title;
(2) in the case of such an award made to an eligible
employee, shall be in addition to the regular pay of
the recipient; and
(3) in the case of such an award made to an
employment service office, may be used by that
employment service office for any purpose.
(d) Eligible Employee Defined.--In this section, the term
``eligible employee'' means any of the following:
(1) A disabled veterans' outreach program specialist.
(2) A local veterans' employment representative.
(3) An individual providing employment, training, and
placement services to veterans under the Workforce
Investment Act of 1998 or through an employment service
delivery system (as defined in section 4101(7) of this
title).
* * * * * * *
Sec. 4114. Credentialing and licensure of veterans: demonstration
project
(a) Demonstration Project Authorized.--The [Assistant
Secretary for Veterans' Employment and Training] Deputy Under
Secretary for Employment, Training, and Transition shall carry
out a demonstration project on credentialing in accordance with
this section for the purpose of facilitating the seamless
transition of members of the Armed Forces from service on
active duty to civilian employment.
(b) Identification of Military Occupational Specialties and
Associated Credentials and Licenses.--(1) The [Assistant
Secretary for Veterans' Employment and Training] Deputy Under
Secretary for Employment, Training, and Transition shall, in
consultation with the [Assistant Secretary for Employment and
Training] Deputy Under Secretary for Employment, Training, and
Transition, select not more than five military occupational
specialties for purposes of the demonstration project. Each
specialty so selected by the [Assistant Secretary for Veterans'
Employment and Training] Deputy Under Secretary for Employment,
Training, and Transition shall require a skill or set of skills
that is required for civilian employment in an industry with
high growth or high worker demand.
(2) The [Assistant Secretary] Deputy Under Secretary shall
enter into a contract with an appropriate entity representing a
coalition of State governors to consult with appropriate
Federal, State, and industry officials and identify
requirements for credentials, certifications, and licenses that
require a skill or set of skills required by a military
occupational specialty selected under paragraph (1).
(3) The [Assistant Secretary] Deputy Under Secretary shall
analyze the requirements identified under paragraph (2) to
determine which requirements may be satisfied by the skills,
training, or experience acquired by members of the Armed Forces
with the military occupational specialties selected under
paragraph (1).
(c) Elimination of Barriers to Credentialing and Licensure.--
The [Assistant Secretary] Deputy Under Secretary shall
cooperate with appropriate Federal, State, and industry
officials to reduce or eliminate any barriers to providing a
credential, certification, or license to a veteran who acquired
any skill, training, or experience while serving as a member of
the Armed Forces with a military occupational specialty
selected under subsection (b)(1) that satisfies the Federal and
State requirements for the credential, certification, or
license.
(d) Period of Project.--The period during which the
[Assistant Secretary] Deputy Under Secretary shall carry out
the demonstration project under this section shall be the two-
year period beginning on the date of the enactment of the VOW
to Hire Heroes Act of 2011.
Sec. 4115. Longitudinal study of job counseling, training, and
placement service for veterans
(a) Study Required.--(1) The Secretary shall enter into a
contract with a non-government entity to conduct a longitudinal
study of a statistically valid sample of each of the groups of
individuals described in paragraph (2). The contract shall
provide for the study of each such group over a period of at
least five years.
(2) The groups of individuals described in this paragraph are
the following:
(A) Veterans who have received intensive services.
(B) Veterans who did not receive intensive services
but who otherwise received services under this chapter.
(C) Veterans who did not seek or receive services
under this chapter.
(3) The study required by this subsection shall include the
collection of the following information for each individual who
participates in the study:
(A) The average number of months such individual
served on active duty.
(B) The distribution of disability ratings of such
individual.
(C) Any unemployment benefits received by such
individual.
(D) The average number of months such individual was
employed during the year covered by the report.
(E) The average annual starting and ending salaries
of any such individual who was employed during the year
covered by the report.
(F) The average annual income of such individual.
(G) The average total household income of such
individual for the year covered by the report.
(H) The percentage of such individuals who own their
principal residences.
(I) The employment status of such individual.
(J) In the case of such an individual who received
services under this chapter, whether the individual
believes that any service provided by a disabled
veterans' outreach specialist or local veterans'
employment representative helped the individual to
become employed.
(K) In the case of such an individual who believes
such a service helped the individual to become
employed, whether--
(i) the individual retained the position of
employment for a period of one year or longer;
and
(ii) the individual believes such a service
helped the individual to secure a higher wage
or salary.
(L) The conditions under which such individual was
discharged or released from the Armed Forces.
(M) Whether such individual has used any educational
assistance to which the individual is entitled under
this title.
(N) Whether such individual has participated in a
rehabilitation program under chapter 31 of this title.
(O) Demographic information about such individual.
(P) Such other information as the Secretary
determines appropriate.
(b) Annual Reports.--(1) By not later than July 1 of each
year covered by the study required under subsection (a), the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
outcomes of the study during the preceding year.
(2) The Secretary shall include in each annual report
submitted under paragraph (1) any information the Secretary
determines is necessary to determine the long-term outcomes of
the individuals in the groups described in subsection (a)(2).
* * * * * * *
CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS
* * * * * * *
Sec. 4211. Definitions
As used in this chapter--
(1) The term ``special disabled veteran'' means--
(A) a veteran who is entitled to compensation (or who
but for the receipt of military retired pay would be
entitled to compensation) under laws administered by
the Secretary for a disability (i) rated at 30 percent
or more, or (ii) rated at 10 or 20 percent in the case
of a veteran who has been determined under section 3106
of this title to have a serious employment handicap; or
(B) a person who was discharged or released from
active duty because of service-connected disability.
(2) The term ``veteran of the Vietnam era'' means an eligible
veteran any part of whose active military, naval, or air
service was during the Vietnam era.
(3) The term ``disabled veteran'' means (A) a veteran who is
entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under
laws administered by the Secretary, or (B) a person who was
discharged or released from active duty because of a service-
connected disability.
(4) The term ``eligible veteran'' means a person who--
(A) served on active duty for a period of more than
180 days and was discharged or released therefrom with
other than a dishonorable discharge;
(B) was discharged or released from active duty
because of a service-connected disability;
(C) as a member of a reserve component under an order
to active duty pursuant to section 12301(a), (d), or
(g), 12302, or 12304 of title 10, served on active duty
during a period of war or in a campaign or expedition
for which a campaign badge is authorized and was
discharged or released from such duty with other than a
dishonorable discharge; or
(D) was discharged or released from active duty by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10).
(5) The term ``department or agency'' means any agency of the
Federal Government or the District of Columbia, including any
Executive agency as defined in section 105 of title 5 and the
United States Postal Service and the Postal Regulatory
Commission, and the term ``department, agency, or
instrumentality in the executive branch'' includes the United
States Postal Service and the Postal Regulatory Commission.
(6) The term ``recently separated veteran'' means any veteran
during the three-year period beginning on the date of such
veteran's discharge or release from active duty.
Sec. 4212. Veterans' employment emphasis under Federal contracts
(a)(1) Any contract in the amount of $100,000 or more entered
into by any department or agency of the United States for the
procurement of personal property and nonpersonal services
(including construction) for the United States, shall contain a
provision requiring that the party contracting with the United
States take affirmative action to employ and advance in
employment qualified covered veterans. This section applies to
any subcontract in the amount of $100,000 or more entered into
by a prime contractor in carrying out any such contract.
(2) In addition to requiring affirmative action to employ
such qualified covered veterans under such contracts and
subcontracts and in order to promote the implementation of such
requirement, the [Secretary of Labor] Secretary shall prescribe
regulations requiring that--
(A) each such contractor for each such contract shall
immediately list all of its employment openings with
the appropriate employment service delivery system (as
defined in section 4101(7) of this title), and may also
list such openings with one-stop career centers under
the Workforce Investment Act of 1998, other appropriate
service delivery points, or America's Job Bank (or any
additional or subsequent national electronic job bank
established by the [Department of Labor] Department),
except that the contractor may exclude openings for
executive and senior management positions and positions
which are to be filled from within the contractor's
organization and positions lasting three days or less;
(B) each such employment service delivery system
shall give such qualified covered veterans priority in
referral to such employment openings; and
(C) each such employment service delivery system
shall provide a list of such employment openings to
States, political subdivisions of States, or any
private entities or organizations under contract to
carry out employment, training, and placement services
under chapter 41 of this title.
(3) In this section:
(A) The term ``covered veteran'' means any of the
following veterans:
(i) Disabled veterans.
(ii) Veterans who served on active duty in
the Armed Forces during a war or in a campaign
or expedition for which a campaign badge has
been authorized.
(iii) Veterans who, while serving on active
duty in the Armed Forces, participated in a
United States military operation for which an
Armed Forces service medal was awarded pursuant
to Executive Order No. 12985 (61 Fed. Reg.
1209).
(iv) Recently separated veterans.
(B) The term ``qualified'', with respect to an
employment position, means having the ability to
perform the essential functions of the position with or
without reasonable accommodation for an individual with
a disability.
(b) If any special disabled veteran or veteran of the Vietnam
era believes any contractor of the United States has failed to
comply or refuses to comply with the provisions of the
contractor's contract relating to the employment of veterans,
the veteran may file a complaint with the [Secretary of Labor]
Secretary, who shall promptly investigate such complaint and
take appropriate action in accordance with the terms of the
contract and applicable laws and regulations.
(c) The [Secretary of Labor] Secretary shall include as part
of the annual report required by section 4107(c) of this title
the number of complaints filed pursuant to subsection (b) of
this section, the actions taken thereon and the resolutions
thereof. Such report shall also include the number of
contractors listing employment openings, the nature, types, and
number of positions listed and the number of veterans receiving
priority pursuant to subsection (a)(2)(B).
(d)(1) Each contractor to whom subsection (a) applies shall,
in accordance with regulations which the [Secretary of Labor]
Secretary shall prescribe, report at least annually to the
[Secretary of Labor] Secretary on--
(A) the number of employees in the workforce of such
contractor, by job category and hiring location, and
the number of such employees, by job category and
hiring location, who are qualified covered veterans;
(B) the total number of new employees hired by the
contractor during the period covered by the report and
the number of such employees who are qualified covered
veterans; and
(C) the maximum number and the minimum number of
employees of such contractor during the period covered
by the report.
(2) The [Secretary of Labor] Secretary shall ensure that the
administration of the reporting requirement under paragraph (1)
is coordinated with respect to any requirement for the
contractor to make any other report to the [Secretary of Labor]
Secretary.
(3) The [Secretary of Labor] Secretary shall establish and
maintain an Internet website on which the [Secretary of Labor]
Secretary shall publicly disclose the information reported to
the [Secretary of Labor] Secretary by contractors under
paragraph (1).
* * * * * * *
Sec. 4214. Employment within the Federal Government
(a)(1) The United States has an obligation to assist veterans
of the Armed Forces in readjusting to civilian life. The
Federal Government is also continuously concerned with building
an effective work force, and veterans constitute a uniquely
qualified recruiting source. It is, therefore, the policy of
the United States and the purpose of this section to promote
the maximum of employment and job advancement opportunities
within the Federal Government for qualified covered veterans
(as defined in paragraph (2)(B)) who are qualified for such
employment and advancement.
(2) In this section:
(A) The term ``agency'' has the meaning given the
term ``department or agency'' in section 4211(5) of
this title.
(B) The term ``qualified covered veteran'' means a
veteran described in section 4212(a)(3) of this title.
(b)(1) To further the policy stated in subsection (a) of this
section, veterans referred to in paragraph (2) of this
subsection shall be eligible, in accordance with regulations
which the Office of Personnel Management shall prescribe, for
veterans recruitment appointments, and for subsequent career-
conditional appointments, under the terms and conditions
specified in Executive Order Numbered 11521 (March 26, 1970),
except that--
(A) such an appointment may be made up to and
including the level GS-11 or its equivalent;
(B) a veteran shall be eligible for such an
appointment without regard to the number of years of
education completed by such veteran;
(C) a veteran who is entitled to disability
compensation under the laws administered by the
Department of Veterans Affairs or whose discharge or
release from active duty was for a disability incurred
or aggravated in line of duty shall be given a
preference for such an appointment over other veterans;
(D) a veteran receiving such an appointment shall--
(i) in the case of a veteran with less than
15 years of education, receive training or
education; and
(ii) upon successful completion of the
prescribed probationary period, acquire a
competitive status; and
(E) a veteran given an appointment under the
authority of this subsection whose employment under the
appointment is terminated within one year after the
date of such appointment shall have the same right to
appeal that termination to the Merit Systems Protection
Board as a career or career-conditional employee has
during the first year of employment.
(2) This subsection applies to qualified covered veterans.
(3) A qualified covered veteran may receive such an
appointment at any time.
(c) Each agency shall include in its affirmative action plan
for the hiring, placement, and advancement of handicapped
individuals in such agency as required by section 501(b) of the
Rehabilitation Act of 1973 (29 U.S.C. 791(b)), a separate
specification of plans (in accordance with regulations which
the Office of Personnel Management shall prescribe in
consultation with the Secretary, the [Secretary of Labor]
Secretary, and the Secretary of Health and Human Services,
consistent with the purposes, provisions, and priorities of
such Act) to promote and carry out such affirmative action with
respect to disabled veterans in order to achieve the purpose of
this section.
(d) The Office of Personnel Management shall be responsible
for the review and evaluation of the implementation of this
section and the activities of each agency to carry out the
purpose and provisions of this section. The Office shall
periodically obtain (on at least an annual basis) information
on the implementation of this section by each agency and on the
activities of each agency to carry out the purpose and
provisions of this section. The information obtained shall
include specification of the use and extent of appointments
made by each agency under subsection (b) of this section and
the results of the plans required under subsection (c) of this
section.
(e)(1) The Office of Personnel Management shall submit to the
Congress annually a report on activities carried out under this
section. Each such report shall include the following
information with respect to each agency:
(A) The number of appointments made under subsection
(b) of this section since the last such report and the
grade levels in which such appointments were made.
(B) The number of individuals receiving appointments
under such subsection whose appointments were converted
to career or career-conditional appointments, or whose
employment under such an appointment has terminated,
since the last such report, together with a complete
listing of categories of causes of appointment
terminations and the number of such individuals whose
employment has terminated falling into each such
category.
(C) The number of such terminations since the last
such report that were initiated by the agency involved
and the number of such terminations since the last such
report that were initiated by the individual involved.
(D) A description of the education and training
programs in which individuals appointed under such
subsection are participating at the time of such
report.
(2) Information shown for an agency under clauses (A) through
(D) of paragraph (1) of this subsection--
(A) shall be shown for all veterans; and
(B) shall be shown separately (i) for veterans who
are entitled to disability compensation under the laws
administered by the Secretary or whose discharge or
release from active duty was for a disability incurred
or aggravated in line of duty, and (ii) for other
veterans.
(f) Notwithstanding section 4211 of this title, the terms
``veteran'' and ``disabled veteran'' as used in subsection (a)
of this section shall have the meaning provided for under
generally applicable civil service law and regulations.
(g) To further the policy stated in subsection (a) of this
section, the Secretary may give preference to qualified covered
veterans for employment in the Department as veterans' benefits
counselors and veterans' claims examiners and in positions to
provide the outreach services required under section 6303 of
this title, to serve as veterans' representatives at certain
educational institutions as provided in section 6305 of this
title, or to provide readjustment counseling under section
1712A of this title.
Sec. 4215. Priority of service for veterans in Department of Labor job
training programs
(a) Definitions.--In this section:
(1) The term ``covered person'' means any of the
following individuals:
(A) A veteran.
(B) The spouse of any of the following
individuals:
(i) Any veteran who died of a
service-connected disability.
(ii) Any member of the Armed Forces
serving on active duty who, at the time
of application for assistance under
this section, is listed, pursuant to
section 556 of title 37 and regulations
issued thereunder, by the Secretary
concerned in one or more of the
following categories and has been so
listed for a total of more than 90
days: (I) missing in action, (II)
captured in line of duty by a hostile
force, or (III) forcibly detained or
interned in line of duty by a foreign
government or power.
(iii) Any veteran who has a total
disability resulting from a service-
connected disability.
(iv) Any veteran who died while a
disability so evaluated was in
existence.
(2) The term ``qualified job training program'' means
any workforce preparation, development, or delivery
program or service that is directly funded, in whole or
in part, by the [Department of Labor] Department and
includes the following:
(A) Any such program or service that uses
technology to assist individuals to access
workforce development programs (such as job and
training opportunities, labor market
information, career assessment tools, and
related support services).
(B) Any such program or service under the
public employment service system, one-stop
career centers, the Workforce Investment Act of
1998, a demonstration or other temporary
program, and those programs implemented by
States or local service providers based on
Federal block grants administered by the
[Department of Labor] Department.
(C) Any such program or service that is a
workforce development program targeted to
specific groups.
(3) The term ``priority of service'' means, with
respect to any qualified job training program, that a
covered person shall be given priority over nonveterans
for the receipt of employment, training, and placement
services provided under that program, notwithstanding
any other provision of law. Such priority includes
giving access to such services to a covered person
before a non-covered person or, if resources are
limited, giving access to such services to a covered
person instead of a non-covered person.
(b) Entitlement to Priority of Service.--(1) A covered person
is entitled to priority of service under any qualified job
training program if the person otherwise meets the eligibility
requirements for participation in such program.
(2) The [Secretary of Labor] Secretary may establish
priorities among covered persons for purposes of this section
to take into account the needs of disabled veterans and special
disabled veterans, and such other factors as the Secretary
determines appropriate.
(c) Administration of Programs at State and Local Levels.--An
entity of a State or a political subdivision of the State that
administers or delivers services under a qualified job training
program shall--
(1) provide information and priority of service to
covered persons regarding benefits and services that
may be obtained through other entities or service
providers; and
(2) ensure that each covered person who applies to or
who is assisted by such a program is informed of the
employment-related rights and benefits to which the
person is entitled under this section.
(d) Addition to Annual Report.--(1) In the annual report
required under section 4107(c) of this title for the program
year beginning in 2003 and each subsequent program year, the
[Secretary of Labor] Secretary shall evaluate whether covered
persons are receiving priority of service and are being fully
served by qualified job training programs. Such evaluation
shall include--
(A) an analysis of the implementation of providing
such priority at the local level;
(B) whether the representation of veterans in such
programs is in proportion to the incidence of
representation of veterans in the labor market,
including within groups that the Secretary may
designate for priority under such programs, if any; and
(C) performance measures, as determined by the
Secretary, to determine whether veterans are receiving
priority of service and are being fully served by
qualified job training programs.
(2) The Secretary may not use the proportion of
representation of veterans described in subparagraph (B) of
paragraph (1) as the basis for determining under such paragraph
whether veterans are receiving priority of service and are
being fully served by qualified job training programs.
* * * * * * *
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 4303. Definitions
For the purposes of this chapter--
(1) The term ``Attorney General'' means the Attorney
General of the United States or any person designated
by the Attorney General to carry out a responsibility
of the Attorney General under this chapter.
(2) The term ``benefit'', ``benefit of employment'',
or ``rights and benefits'' means the terms, conditions,
or privileges of employment, including any advantage,
profit, privilege, gain, status, account, or interest
(including wages or salary for work performed) that
accrues by reason of an employment contract or
agreement or an employer policy, plan, or practice and
includes rights and benefits under a pension plan, a
health plan, an employee stock ownership plan,
insurance coverage and awards, bonuses, severance pay,
supplemental unemployment benefits, vacations, and the
opportunity to select work hours or location of
employment.
(3) The term ``employee'' means any person employed
by an employer. Such term includes any person who is a
citizen, national, or permanent resident alien of the
United States employed in a workplace in a foreign
country by an employer that is an entity incorporated
or otherwise organized in the United States or that is
controlled by an entity organized in the United States,
within the meaning of section 4319(c) of this title.
(4)(A) Except as provided in subparagraphs (B) and
(C), the term ``employer'' means any person,
institution, organization, or other entity that pays
salary or wages for work performed or that has control
over employment opportunities, including--
(i) a person, institution, organization, or
other entity to whom the employer has delegated
the performance of employment-related
responsibilities;
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person,
institution, organization, or other entity
referred to in this subparagraph; and
(v) a person, institution, organization, or
other entity that has denied initial employment
in violation of section 4311.
(B) In the case of a National Guard technician
employed under section 709 of title 32, the term
``employer'' means the adjutant general of the State in
which the technician is employed.
(C) Except as an actual employer of employees, an
employee pension benefit plan described in section 3(2)
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(2)) shall be deemed to be an employer
only with respect to the obligation to provide benefits
described in section 4318.
(D)(i) Whether the term ``successor in interest''
applies with respect to an entity described in
subparagraph (A) for purposes of clause (iv) of such
subparagraph shall be determined on a case-by-case
basis using a multi-factor test that considers the
following factors:
(I) Substantial continuity of business
operations.
(II) Use of the same or similar facilities.
(III) Continuity of work force.
(IV) Similarity of jobs and working
conditions.
(V) Similarity of supervisory personnel.
(VI) Similarity of machinery, equipment, and
production methods.
(VII) Similarity of products or services.
(ii) The entity's lack of notice or awareness of a
potential or pending claim under this chapter at the
time of a merger, acquisition, or other form of
succession shall not be considered when applying the
multi-factor test under clause (i).
(5) The term ``Federal executive agency'' includes
the United States Postal Service, the Postal Regulatory
Commission, any nonappropriated fund instrumentality of
the United States, any Executive agency (as that term
is defined in section 105 of title 5) other than an
agency referred to in section 2302(a)(2)(C)(ii) of
title 5, and any military department (as that term is
defined in section 102 of title 5) with respect to the
civilian employees of that department.
(6) The term ``Federal Government'' includes any
Federal executive agency, the legislative branch of the
United States, and the judicial branch of the United
States.
(7) The term ``health plan'' means an insurance
policy or contract, medical or hospital service
agreement, membership or subscription contract, or
other arrangement under which health services for
individuals are provided or the expenses of such
services are paid.
(8) The term ``notice'' means (with respect to
subchapter II) any written or verbal notification of an
obligation or intention to perform service in the
uniformed services provided to an employer by the
employee who will perform such service or by the
uniformed service in which such service is to be
performed.
(9) The term ``qualified'', with respect to an
employment position, means having the ability to
perform the essential tasks of the position.
(10) The term ``reasonable efforts'', in the case of
actions required of an employer under this chapter,
means actions, including training provided by an
employer, that do not place an undue hardship on the
employer.
[(11) Notwithstanding section 101, the term
``Secretary'' means the Secretary of Labor or any
person designated by such Secretary to carry out an
activity under this chapter.]
(12) The term ``seniority'' means longevity in
employment together with any benefits of employment
which accrue with, or are determined by, longevity in
employment.
(13) The term ``service in the uniformed services''
means the performance of duty on a voluntary or
involuntary basis in a uniformed service under
competent authority and includes active duty, active
duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty,
a period for which a person is absent from a position
of employment for the purpose of an examination to
determine the fitness of the person to perform any such
duty, and a period for which a person is absent from
employment for the purpose of performing funeral honors
duty as authorized by section 12503 of title 10 or
section 115 of title 32.
(14) The term ``State'' means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and other territories of the United States
(including the agencies and political subdivisions
thereof).
(15) The term ``undue hardship'', in the case of
actions taken by an employer, means actions requiring
significant difficulty or expense, when considered in
light of--
(A) the nature and cost of the action needed
under this chapter;
(B) the overall financial resources of the
facility or facilities involved in the
provision of the action; the number of persons
employed at such facility; the effect on
expenses and resources, or the impact otherwise
of such action upon the operation of the
facility;
(C) the overall financial resources of the
employer; the overall size of the business of
an employer with respect to the number of its
employees; the number, type, and location of
its facilities; and
(D) the type of operation or operations of
the employer, including the composition,
structure, and functions of the work force of
such employer; the geographic separateness,
administrative, or fiscal relationship of the
facility or facilities in question to the
employer.
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, and any other category of persons designated
by the President in time of war or national emergency.
* * * * * * *
SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;
PROHIBITIONS
* * * * * * *
Sec. 4317. Health plans
(a)(1) In any case in which a person (or the person's
dependents) has coverage under a health plan in connection with
the person's position of employment, including a group health
plan (as defined in section 607(1) of the Employee Retirement
Income Security Act of 1974), and such person is absent from
such position of employment by reason of service in the
uniformed services, or such person becomes eligible for medical
and dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title, the plan shall
provide that the person may elect to continue such coverage as
provided in this subsection. The maximum period of coverage of
a person and the person's dependents under such an election
shall be the lesser of--
(A) the 24-month period beginning on the date on
which the person's absence begins; or
(B) the day after the date on which the person fails
to apply for or return to a position of employment, as
determined under section 4312(e).
(2) A person who elects to continue health-plan coverage
under this paragraph may be required to pay not more than 102
percent of the full premium under the plan (determined in the
same manner as the applicable premium under section 4980B(f)(4)
of the Internal Revenue Code of 1986) associated with such
coverage for the employer's other employees, except that in the
case of a person who performs service in the uniformed services
for less than 31 days, such person may not be required to pay
more than the employee share, if any, for such coverage.
(3) In the case of a health plan that is a multiemployer
plan, as defined in section 3(37) of the Employee Retirement
Income Security Act of 1974, any liability under the plan for
employer contributions and benefits arising under this
paragraph shall be allocated--
(A) by the plan in such manner as the plan sponsor
shall provide; or
(B) if the sponsor does not provide--
(i) to the last employer employing the person
before the period served by the person in the
uniformed services, or
(ii) if such last employer is no longer
functional, to the plan.
(b)(1) Except as provided in paragraph (2), in the case of a
person whose coverage under a health plan was terminated by
reason of service in the uniformed services, or by reason of
the person's having become eligible for medical and dental care
under chapter 55 of title 10 by reason of subsection (d) of
section 1074 of that title, an exclusion or waiting period may
not be imposed in connection with the reinstatement of such
coverage upon reemployment under this chapter if an exclusion
or waiting period would not have been imposed under a health
plan had coverage of such person by such plan not been
terminated as a result of such service or eligibility. This
paragraph applies to the person who is reemployed and to any
individual who is covered by such plan by reason of the
reinstatement of the coverage of such person.
(2) Paragraph (1) shall not apply to the coverage of any
illness or injury determined by the [Secretary of Veterans
Affairs] Secretary to have been incurred in, or aggravated
during, performance of service in the uniformed services.
(3) In the case of a person whose coverage under a health
plan is terminated by reason of the person having become
eligible for medical and dental care under chapter 55 of title
10 by reason of subsection (d) of section 1074 of that title
but who subsequently does not commence a period of active duty
under the order to active duty that established such
eligibility because the order is canceled before such active
duty commences, the provisions of paragraph (1) relating to any
exclusion or waiting period in connection with the
reinstatement of coverage under a health plan shall apply to
such person's continued employment, upon the termination of
such eligibility for medical and dental care under chapter 55
of title 10 that is incident to the cancellation of such order,
in the same manner as if the person had become reemployed upon
such termination of eligibility.
* * * * * * *
SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION
Sec. 4321. Assistance in obtaining reemployment or other employment
rights or benefits
The Secretary [(through the Veterans' Employment and Training
Service)] shall provide assistance to any person with respect
to the employment and reemployment rights and benefits to which
such person is entitled under this chapter. In providing such
assistance, the Secretary may request the assistance of
existing Federal and State agencies engaged in similar or
related activities and utilize the assistance of volunteers.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 4332. Reports
(a) Annual Report by Secretary.--The Secretary shall, after
consultation with the Attorney General and the Special Counsel
referred to in section 4324(a)(1), transmit to Congress not
later than July 1 each year a report on matters for the fiscal
year ending in the year before the year in which such report is
transmitted as follows:
(1) The number of cases reviewed by the Department
[of Labor] under this chapter during the fiscal year
for which the report is made.
(2) The number of cases reviewed by the Secretary of
Defense under the National Committee for Employer
Support of the Guard and Reserve of the Department of
Defense during the fiscal year for which the report is
made.
(3) The number of cases referred to the Attorney
General or the Special Counsel pursuant to section 4323
or 4324, respectively, during such fiscal year and the
number of actions initiated by the Office of Special
Counsel before the Merit Systems Protection Board
pursuant to section 4324 during such fiscal year.
(4) The number of complaints filed by the Attorney
General pursuant to section 4323 during such fiscal
year.
(5) The number of cases reviewed by the Secretary and
the Secretary of Defense through the National Committee
for Employer Support of the Guard and Reserve of the
Department of Defense that involve the same person.
(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
(A) the number of such cases that involve a
disability-related issue; and
(B) the number of such cases that involve a
person who has a service-connected disability.
(7) The nature and status of each case reported on
pursuant to paragraph (1), (2), (3), (4), or (5).
(8) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5) the number of
such cases that involve persons with different
occupations or persons seeking different occupations,
as designated by the Standard Occupational
Classification System.
(9) An indication of whether there are any apparent
patterns of violation of the provisions of this
chapter, together with an explanation thereof.
(10) Recommendations for administrative or
legislative action that the Secretary, the Attorney
General, or the Special Counsel considers necessary for
the effective implementation of this chapter, including
any action that could be taken to encourage mediation,
before claims are filed under this chapter, between
employers and persons seeking employment or
reemployment.
(b) Quarterly Reports.--
(1) Quarterly report by Secretary.--Not later than 30
days after the end of each fiscal quarter, the
Secretary shall submit to Congress, the Secretary of
Defense, the Attorney General, and the Special Counsel
a report setting forth, for the previous full quarter,
the following:
(A) The number of cases for which the
Secretary did not meet the requirements of
section 4322(f) of this title.
(B) The number of cases for which the
Secretary received a request for a referral
under paragraph (1) of section 4323(a) of this
title but did not make such referral within the
time period required by such paragraph.
(2) Quarterly report by Attorney General.--Not later
than 30 days after the end of each fiscal quarter, the
Attorney General shall submit to Congress, the
Secretary, the Secretary of Defense, and the Special
Counsel a report setting forth, for the previous full
quarter, the number of cases for which the Attorney
General received a referral under paragraph (1) of
section 4323(a) of this title but did not meet the
requirements of paragraph (2) of section 4323(a) of
this title for such referral.
(3) Quarterly report by Special Counsel.--Not later
than 30 days after the end of each fiscal quarter, the
Special Counsel shall submit to Congress, the
Secretary, the Secretary of Defense, and the Attorney
General a report setting forth, for the previous full
quarter, the number of cases for which the Special
Counsel received a referral under paragraph (1) of
section 4324(a) of this title but did not meet the
requirements of paragraph (2)(B) of section 4324(a) of
this title for such referral.
(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Attorney General,
and the Special Counsel to ensure that--
(1) the information in the reports required by this
section is categorized in a uniform way; and
(2) the Secretary, the Secretary of Defense, the
Attorney General, and the Special Counsel each have
electronic access to the case files reviewed under this
chapter by the Secretary, the Secretary of Defense, the
Attorney General, and the Special Counsel with due
regard for the provisions of section 552a of title 5.
Sec. 4333. Outreach
The Secretary[, the Secretary of Defense, and the Secretary
of Veterans Affairs] and the Secretary of Defense shall take
such actions as such Secretaries determine are appropriate to
inform persons entitled to rights and benefits under this
chapter and employers of the rights, benefits, and obligations
of such persons and such employers under this chapter.
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 63--OUTREACH ACTIVITIES
* * * * * * *
Sec. 6306. Use of other agencies
(a) In carrying out this chapter, the Secretary [shall
arrange with the Secretary of Labor for the State employment
service to match] shall ensure that the State employment
service matches the particular qualifications of an eligible
veteran or eligible dependent with an appropriate job or job
training opportunity, including, where possible, arrangements
for outstationing the State employment personnel who provide
such assistance at appropriate facilities of the Department.
(b) In carrying out this chapter, the Secretary shall[, in
consultation with the Secretary of Labor,] actively seek to
promote the development and establishment of employment
opportunities, training opportunities, and other opportunities
for veterans, with particular emphasis on the needs of veterans
with service-connected disabilities and other eligible
veterans, taking into account applicable rates of unemployment
and the employment emphases set forth in chapter 42 of this
title.
(c) In carrying out this chapter, the Secretary shall
cooperate with and use the services of any Federal department
or agency or any State or local governmental agency or
recognized national or other organization.
(d) In carrying out this chapter, the Secretary shall, where
appropriate, make referrals to any Federal department or agency
or State or local governmental unit or recognized national or
other organization.
(e) In carrying out this chapter, the Secretary may furnish
available space and office facilities for the use of authorized
representatives of such governmental unit or other organization
providing services.
(f) In carrying out this chapter, the Secretary shall conduct
and provide for studies, in consultation with appropriate
Federal departments and agencies, to determine the most
effective program design to carry out the purposes of this
chapter.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
Chap. Sec.
Board of Veterans' Appeals....................................7101
* * * * * * *
8001Veterans Economic Opportunity and Transition Administration.......
* * * * * * *
CHAPTER 73--ORGANIZATION AND FUNCTIONS
* * * * * * *
SUBCHAPTER II--GENERAL AUTHORITY AND ADMINISTRATION
* * * * * * *
7330B. Comptroller General audit of VHA budget.
* * * * * * *
SUBCHAPTER I--ORGANIZATION
* * * * * * *
Sec. 7306. Office of the Under Secretary for Health
(a) The Office of the Under Secretary for Health shall
consist of the following:
(1) The Deputy Under Secretary for Health, who shall
be the principal assistant of the Under Secretary for
Health and who shall be a qualified doctor of medicine.
(2) The Associate Deputy Under Secretary for Health,
who shall be an assistant to the Under Secretary for
Health and the Deputy Under Secretary for Health and
who shall be a qualified doctor of medicine.
(3) Not to exceed eight Assistant Under Secretaries
for Health.
(4) Such Medical Directors as may be appointed to
suit the needs of the Department, who shall be either a
qualified doctor of medicine, doctor of podiatric
medicine, or a qualified doctor of dental surgery or
dental medicine.
(5) A Director of Nursing Service, who shall be a
qualified registered nurse and who shall be responsible
to, and report directly to, the Under Secretary for
Health for the operation of the Nursing Service.
(6) A Director of Pharmacy Service, a Director of
Dietetic Service, a Director of Podiatric Service, and
a Director of Optometric Service, who shall be
responsible to the Under Secretary for Health for the
operation of their respective Services.
(7) Such directors of such other professional or
auxiliary services as may be appointed to suit the
needs of the Department, who shall be responsible to
the Under Secretary for Health for the operation of
their respective services.
(8) The Director of the National Center for
Preventive Health, who shall be responsible to the
Under Secretary for Health for the operation of the
Center.
(9) The Advisor on Physician Assistants, who shall be
a physician assistant with appropriate experience and
who shall advise the Under Secretary for Health on all
matters relating to the utilization and employment of
physician assistants in the Administration.
(10) Such other personnel as may be authorized by
this chapter.
(b) Of the Assistant Under Secretaries for Health appointed
under subsection (a)(3)--
(1) not more than two may be persons qualified in the
administration of health services who are not doctors
of medicine, dental surgery, or dental medicines;
(2) one shall be a qualified doctor of dental surgery
or dental medicine who shall be directly responsible to
the Under Secretary for Health for the operation of the
Dental Service; and
(3) one shall be a qualified physician trained in, or
having suitable extensive experience in, geriatrics who
shall be responsible to the Under Secretary for Health
for evaluating all research, educational, and clinical
health-care programs carried out in the Administration
in the field of geriatrics and who shall serve as the
principal advisor to the Under Secretary for Health
with respect to such programs.
(c) Appointments under subsection (a) shall be made by the
Secretary. In the case of appointments under paragraphs (1),
(2), (3), (4), and (8) of that subsection, such appointments
shall be made upon the recommendation of the Under Secretary
for Health.
(d) Except as provided in subsection (e)--
(1) any appointment under this section shall be for a
period of four years, with reappointment permissible
for successive like periods,
(2) any such appointment or reappointment may be
extended by the Secretary for a period not in excess of
three years, and
(3) any person so appointed or reappointed or whose
appointment or reappointment is extended shall be
subject to removal by the Secretary for cause.
(e)(1) The Secretary may designate a member of the Chaplain
Service of the Department as Director, Chaplain Service, for a
period of two years, subject to removal by the Secretary for
cause. Redesignation under this subsection may be made for
successive like periods or for any period not exceeding two
years.
(2) A person designated as Director, Chaplain
Service, shall at the end of such person's period of
service as Director revert to the position, grade, and
status which such person held immediately before being
designated Director, Chaplain Service, and all service
as Director, Chaplain Service, shall be creditable as
service in the former position.
(f) In organizing the Office and appointing persons to
positions in the Office, the Under Secretary shall ensure
that--
(1) the Office is staffed so as to provide the Under
Secretary, through a designated clinician in the
appropriate discipline in each instance, with expertise
and direct policy guidance on--
(A) unique programs operated by the
Administration to provide for the specialized
treatment and rehabilitation of disabled
veterans (including blind rehabilitation, care
of spinal cord dysfunction, mental illness, and
long-term care); and
(B) the programs established under section
1712A of this title; and
(2) with respect to the programs established under
section 1712A of this title, a clinician with
appropriate expertise in those programs is responsible
to the Under Secretary for the management of those
programs.
SUBCHAPTER II--GENERAL AUTHORITY AND ADMINISTRATION
* * * * * * *
Sec. 7330B. Comptroller General audit of VHA budget
(a) In General.--The Comptroller General of the United States
shall periodically conduct an audit of elements of the budget
of the Veterans Health Administration, including the budget
formulation, execution, allocation, and use of funds.
(b) Selection of Elements.--(1) In selecting elements of the
budget of the Veterans Health Administration for purposes of an
audit under subsection (a), the Comptroller General shall take
into consideration--
(A) knowledge of the programs of the Veterans Health
Administration;
(B) current issues;
(C) national priorities; and
(D) priorities expressed by the appropriate
congressional committees.
(2) Not later than 30 days before conducting an audit under
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees notice of the elements
selected by the Comptroller General for purposes of the audit.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Veterans' Affairs, the Committee
on Appropriations, and the Committee on the Budget of
the Senate; and
(2) the Committee on Veterans' Affairs, the Committee
on Appropriations, and the Committee on the Budget of
the House of Representatives.
* * * * * * *
CHAPTER 74--VETERANS HEALTH ADMINISTRATION - PERSONNEL
SUBCHAPTER I--APPOINTMENTS
Sec.
7401. Appointments in Veterans Health Administration.
* * * * * * *
7413. Treatment of podiatrists.
* * * * * * *
SUBCHAPTER VI--REGIONAL MEDICAL EDUCATION CENTERS
* * * * * * *
SUBCHAPTER I--APPOINTMENTS
Sec. 7401. Appointments in Veterans Health Administration
There may be appointed by the Secretary such personnel as
the Secretary may find necessary for the health care of
veterans (in addition to those in the Office of the Under
Secretary for Health appointed under section 7306 of this
title), as follows:
(1) [Physicians, dentists, podiatrists,] Physicians,
dentists, chiropractors, optometrists, registered
nurses, physician assistants, and expanded-function
dental auxiliaries.
(2) Scientific and professional personnel, such as
microbiologists, chemists, and biostatisticians.
(3) Audiologists, speech pathologists, and
audiologist-speech pathologists, biomedical engineers,
certified or registered respiratory therapists,
dietitians, licensed physical therapists, licensed
practical or vocational nurses, nurse assistants,
medical instrument technicians, medical records
administrators or specialists, medical records
technicians, medical technologists, dental hygienists,
dental assistants, nuclear medicine technologists,
occupational therapists, occupational therapy
assistants, kinesiotherapists, orthotist-prosthetists,
pharmacists, pharmacy technicians, physical therapy
assistants, prosthetic representatives, psychologists,
diagnostic radiologic technologists, therapeutic
radiologic technologists, social workers, marriage and
family therapists, licensed professional mental health
counselors, blind rehabilitation specialists, blind
rehabilitation outpatient specialists, and such other
classes of health care occupations as the Secretary
considers necessary for the recruitment and retention
needs of the Department subject to the following
requirements:
(A) Such other classes of health care
occupations--
(i) are not occupations relating to
administrative, clerical, or physical
plant maintenance and protective
services;
(ii) that would otherwise receive
basic pay in accordance with the
General Schedule under section 5332 of
title 5;
(iii) provide, as determined by the
Secretary, direct patient care services
or services incident to direct patient
services; and
(iv) would not otherwise be available
to provide medical care or treatment
for veterans.
(B) Not later than 45 days before the
Secretary appoints any personnel for a class of
health care occupations that is not
specifically listed in this paragraph, the
Secretary shall submit to the Committee on
Veterans' Affairs of the Senate, the Committee
on Veterans' Affairs of the House of
Representatives, and the Office of Management
and Budget notice of such appointment.
(C) Before submitting notice under
subparagraph (B), the Secretary shall solicit
comments from any labor organization
representing employees in such class and
include such comments in such notice.
Sec. 7402. Qualifications of appointees
(a) To be eligible for appointment to the positions in the
Administration covered by subsection (b), a person must have
the applicable qualifications set forth in that subsection.
(b)(1) Physician.--To be eligible to be appointed to a
physician position, a person must--
(A) hold the degree of doctor of medicine [or of
doctor of osteopathy], doctor of osteopathy, or doctor
of podiatric medicine from a college or university
approved by the Secretary,
(B) have completed an internship satisfactory to the
Secretary, and
(C) be licensed to practice medicine, surgery,
podiatry, or osteopathy in a State.
(2) Dentist.--To be eligible to be appointed to a dentist
position, a person must--
(A) hold the degree of doctor of dental surgery or
dental medicine from a college or university approved
by the Secretary, and
(B) be licensed to practice dentistry in a State.
(3) Nurse.--To be eligible to be appointed to a nurse
position, a person must--
(A) have successfully completed a full course of
nursing in a recognized school of nursing, approved by
the Secretary, and
(B) be registered as a graduate nurse in a State.
(4) Director of a Hospital, Domiciliary, Center, or
Outpatient Clinic.--To be eligible to be appointed to a
director position, a person must have such business and
administrative experience and qualifications as the Secretary
shall prescribe.
[(5) Podiatrist.--To be eligible to be appointed to a
podiatrist position, a person must--
[(A) hold the degree of doctor of podiatric medicine,
or its equivalent, from a school of podiatric medicine
approved by the Secretary, and
[(B) be licensed to practice podiatry in a State.]
[(6)] (5) Optometrist.--To be eligible to be appointed to an
optometrist position, a person must--
(A) hold the degree of doctor of optometry, or its
equivalent, from a school of optometry approved by the
Secretary, and
(B) be licensed to practice optometry in a State.
[(7)] (6) Pharmacist.--To be eligible to be appointed to a
pharmacist position, a person must--
(A) hold the degree of bachelor of science in
pharmacy, or its equivalent, from a school of pharmacy,
approved by the Secretary, and
(B) be registered as a pharmacist in a State.
[(8)] (7) Psychologist.--To be eligible to be appointed to a
psychologist position, a person must--
(A) hold a doctoral degree in psychology from a
college or university approved by the Secretary,
(B) have completed study for such degree in a
specialty area of psychology and an internship which
are satisfactory to the Secretary, and
(C) be licensed or certified as a psychologist in a
State, except that the Secretary may waive the
requirement of licensure or certification for an
individual psychologist for a period not to exceed two
years on the condition that that psychologist provide
patient care only under the direct supervision of a
psychologist who is so licensed or certified.
[(9)] (8) Social Worker.--To be eligible to be appointed to a
social worker position, a person must--
(A) hold a master's degree in social work from a
college or university approved by the Secretary; and
(B) be licensed or certified to independently
practice social work in a State, except that the
Secretary may waive the requirement of licensure or
certification for an individual social worker for a
reasonable period of time recommended by the Under
Secretary for Health.
[(10)] (9) Marriage and Family Therapist.--To be eligible to
be appointed to a marriage and family therapist position, a
person must--
(A) hold a master's degree in marriage and family
therapy, or a comparable degree in mental health, from
a college or university approved by the Secretary; and
(B) be licensed or certified to independently
practice marriage and family therapy in a State, except
that the Secretary may waive the requirement of
licensure or certification for an individual marriage
and family therapist for a reasonable period of time
recommended by the Under Secretary for Health.
[(11)] (10) Licensed Professional Mental Health Counselor.--
To be eligible to be appointed to a licensed professional
mental health counselor position, a person must--
(A) hold a master's degree in mental health
counseling, or a related field, from a college or
university approved by the Secretary; and
(B) be licensed or certified to independently
practice mental health counseling.
[(12)] (11) Chiropractor.--To be eligible to be appointed to
a chiropractor position, a person must--
(A) hold the degree of doctor of chiropractic, or its
equivalent, from a college of chiropractic approved by
the Secretary; and
(B) be licensed to practice chiropractic in a State.
[(13)] (12) Peer Specialist.--To be eligible to be appointed
to a peer specialist position, a person must--
(A) be a veteran who has recovered or is recovering
from a mental health condition; and
(B) be certified by--
(i) a not-for-profit entity engaged in peer
specialist training as having met such criteria
as the Secretary shall establish for a peer
specialist position; or
(ii) a State as having satisfied relevant
State requirements for a peer specialist
position.
[(14)] (13) Other Health-Care Positions.--To be appointed as
a physician assistant, expanded-function dental auxiliary,
certified or registered respiratory therapist, licensed
physical therapist, licensed practical or vocational nurse,
occupational therapist, dietitian, microbiologist, chemist,
biostatistician, medical technologist, dental technologist, or
other position, a person must have such medical, dental,
scientific, or technical qualifications as the Secretary shall
prescribe.
(c) Except as provided in section 7407(a) of this title, a
person may not be appointed in the Administration to a position
listed in section 7401(1) of this title unless the person is a
citizen of the United States.
(d) A person may not be appointed under section 7401(1) of
this title to serve in the Administration in any direct
patient-care capacity unless the Under Secretary for Health
determines that the person possesses such basic proficiency in
spoken and written English as will permit such degree of
communication with patients and other health-care personnel as
will enable the person to carry out the person's health-care
responsibilities satisfactorily. Any determination by the Under
Secretary for Health under this subsection shall be in
accordance with regulations which the Secretary shall
prescribe.
(e) A person may not serve as Chief of Staff of a Department
health-care facility if the person is not serving on a full-
time basis.
(f) A person may not be employed in a position under
subsection (b) (other than under paragraph (4) of that
subsection) if--
(1) the person is or has been licensed, registered,
or certified (as applicable to such position) in more
than one State; and
(2) either--
(A) any of those States has terminated such
license, registration, or certification for
cause; or
(B) the person has voluntarily relinquished
such license, registration, or certification in
any of those States after being notified in
writing by that State of potential termination
for cause.
(g) The Secretary may enter into contracts with not-for-
profit entities to provide--
(1) peer specialist training to veterans; and
(2) certification for veterans under subsection
(b)(13)(B)(i).
Sec. 7403. Period of appointments; promotions
(a)(1) Appointments under this chapter of health-care
professionals to whom this section applies may be made only
after qualifications have been satisfactorily established in
accordance with regulations prescribed by the Secretary,
without regard to civil-service requirements.
(2) This section applies to the following persons appointed
under this chapter:
(A) Physicians.
(B) Dentists.
[(C) Podiatrists.]
[(D)] (C) Optometrists.
[(E)] (D) Nurses.
[(F)] (E) Physician assistants.
[(G)] (F) Expanded-function dental auxiliaries.
[(H)] (G) Chiropractors.
(b)(1) Except as otherwise provided in this subsection,
appointments described in subsection (a) shall be for a
probationary period of two years.
(2) With respect to the appointment of a registered nurse
under this chapter, paragraph (1) shall apply with respect to
such appointment regardless of whether such appointment is on a
full-time basis or a part-time basis.
(3) An appointment described in subsection (a) on a part-time
basis of a person who has previously served on a full-time
basis for the probationary period for the position concerned
shall be without a probationary period.
(4) The record of each person serving under such an
appointment in the Medical, Dental, and Nursing Services shall
be reviewed from time to time by a board, appointed in
accordance with regulations of the Secretary. If such a board
finds that such person is not fully qualified and satisfactory,
such person shall be separated from the service.
(c) Promotions of persons to whom this section applies shall
be made only after examination given in accordance with
regulations prescribed by the Secretary. Advancement within
grade may be made in increments of the minimum rate of basic
pay of the grade in accordance with regulations prescribed by
the Secretary.
(d) In determining eligibility for reinstatement in the
Federal civil service of persons appointed to positions in the
Administration under this chapter who at the time of
appointment have a civil-service status, and whose employment
in the Administration is terminated, the period of service
performed in the Administration shall be included in computing
the period of service under applicable civil-service rules and
regulations.
(e) In accordance with regulations prescribed by the
Secretary, the grade and annual rate of basic pay of a person
to whom this section applies whose level of assignment is
changed from a level of assignment in which the grade level is
based on both the nature of the assignment and personal
qualifications may be adjusted to the grade and annual rate of
basic pay otherwise appropriate.
(f)(1) Upon the recommendation of the Under Secretary for
Health, the Secretary may--
(A) use the authority in subsection (a) to establish
the qualifications for and (subject to paragraph (2))
to appoint individuals to positions listed in section
7401(3) of this title; and
(B) use the authority provided in subsection (c) for
the promotion and advancement of Department employees
serving in such positions.
(2) In using such authority to appoint individuals to such
positions, the Secretary shall apply the principles of
preference for the hiring of veterans and other persons
established in subchapter I of chapter 33 of title 5.
(3) Notwithstanding any other provision of this title or
other law, all matters relating to adverse actions, reductions-
in-force, the applicability of the principles of preference
referred to in paragraph (2), rights of part-time employees,
disciplinary actions, and grievance procedures involving
individuals appointed to such positions, whether appointed
under this section or section 7405(a)(1)(B) of this title
(including similar actions and procedures involving an employee
in a probationary status), shall be resolved under the
provisions of title 5 as though such individuals had been
appointed under that title.
(g)(1) The Secretary may appoint in the competitive civil
service without regard to the provisions of subchapter I of
chapter 33 of title 5 (other than sections 3303 and 3328 of
such title) an individual who--
(A) has a recognized degree or certificate from an
accredited institution in a health-care profession or
occupation; and
(B) has successfully completed a clinical education
program affiliated with the Department.
(2) In using the authority provided by this subsection, the
Secretary shall apply the principles of preference for the
hiring of veterans and other persons established in subchapter
I of chapter 33 of title 5.
(h)(1) If the Secretary uses the authority provided in
subsection (c) for the promotion and advancement of an
occupational category of employees described in section 7401(3)
of this title, as authorized by subsection (f)(1)(B), the
Secretary shall do so through one or more systems prescribed by
the Secretary. Each such system shall be planned, developed,
and implemented in collaboration with, and with the
participation of, exclusive employee representatives of such
occupational category of employees.
(2)(A) Before prescribing a system of promotion and
advancement of an occupational category of employees under
paragraph (1), the Secretary shall provide to exclusive
employee representatives of such occupational category of
employees a written description of the proposed system.
(B) Not later than 30 days after receipt of the description
of a proposed system under subparagraph (A), exclusive employee
representatives may submit to the Secretary the
recommendations, if any, of such exclusive employee
representatives with respect to the proposed system.
(C) The Secretary shall give full and fair consideration to
any recommendations received under subparagraph (B) in deciding
whether and how to proceed with a proposed system.
(3) The Secretary shall implement immediately any part of a
system of promotion and advancement under paragraph (1) that is
proposed under paragraph (2) for which the Secretary receives
no recommendations from exclusive employee representatives
under paragraph (2).
(4) If the Secretary receives recommendations under paragraph
(2) from exclusive employee representatives on any part of a
proposed system of promotion and advancement under that
paragraph, the Secretary shall determine whether or not to
accept the recommendations, either in whole or in part. If the
Secretary determines not to accept all or part of the
recommendations, the Secretary shall--
(A) notify the congressional veterans' affairs
committees of the recommendations and of the portion of
the recommendations that the Secretary has determined
not to accept;
(B) meet and confer with such exclusive employee
representatives, for a period not less than 30 days,
for purposes of attempting to reach an agreement on
whether and how to proceed with the portion of the
recommendations that the Secretary has determined not
to accept;
(C) at the election of the Secretary, or of a
majority of such exclusive employee representatives who
are participating in negotiations on such matter,
employ the services of the Federal Mediation and
Conciliation Service during the period referred to in
subparagraph (B) for purposes of reaching such
agreement; and
(D) if the Secretary determines that activities under
subparagraph (B), (C), or both are unsuccessful at
reaching such agreement and determines (in the sole and
unreviewable discretion of the Secretary) that further
meeting and conferral under subparagraph (B), mediation
under subparagraph (C), or both are unlikely to reach
such agreement--
(i) notify the congressional veterans'
affairs committees of such determinations,
identify for such committees the portions of
the recommendations that the Secretary has
determined not to accept, and provide such
committees an explanation and justification for
determining to implement the part of the system
subject to such portions of the recommendations
without regard to such portions of the
recommendations; and
(ii) commencing not earlier than 30 days
after notice under clause (i), implement the
part of the system subject to the
recommendations that the Secretary has
determined not to accept without regard to
those recommendations.
(5) If the Secretary and exclusive employee representatives
reach an agreement under paragraph (4) providing for the
resolution of a disagreement on one or more portions of the
recommendations that the Secretary had determined not to accept
under that paragraph, the Secretary shall immediately implement
such resolution.
(6) In implementing a system of promotion and advancement
under this subsection, the Secretary shall--
(A) develop and implement mechanisms to permit
exclusive employee representatives to participate in
the periodic review and evaluation of the system,
including peer review, and in any further planning or
development required with respect to the system as a
result of such review and evaluation; and
(B) provide exclusive employee representatives
appropriate access to information to ensure that the
participation of such exclusive employee representative
in activities under subparagraph (A) is productive.
(7)(A) The Secretary may from time to time modify a system of
promotion and advancement under this subsection.
(B) In modifying a system, the Secretary shall take into
account any recommendations made by the exclusive employee
representatives concerned.
(C) In modifying a system, the Secretary shall comply with
paragraphs (2) through (5) and shall treat any proposal for the
modification of a system as a proposal for a system for
purposes of such paragraphs.
(D) The Secretary shall promptly submit to the congressional
veterans' affairs committees a report on any modification of a
system. Each report shall include--
(i) an explanation and justification of the
modification; and
(ii) a description of any recommendations of
exclusive employee representatives with respect to the
modification and a statement whether or not the
modification was revised in light of such
recommendations.
(8) In the case of employees who are not within a unit with
respect to which a labor organization is accorded exclusive
recognition, the Secretary may develop procedures for input
from representatives under this subsection from any appropriate
organization that represents a substantial percentage of such
employees or, if none, in such other manner as the Secretary
considers appropriate, consistent with the purposes of this
subsection.
(9) In this subsection, the term ``congressional veterans'
affairs committees'' means the Committees on Veterans' Affairs
of the Senate and the House of Representatives.
Sec. 7404. Grades and pay scales
(a)(1) The annual rates or ranges of rates of basic pay for
positions provided in section 7306 of this title shall be
prescribed from time to time by Executive order as authorized
by chapter 53 of title 5 or as otherwise authorized by law.
(2) The pay of physicians and dentists serving in positions
to which an Executive order applies under paragraph (1) shall
be determined under subchapter III of this chapter instead of
such Executive order.
(3)(A) The rate of basic pay for a position to which an
Executive order applies under paragraph (1) and is not
described by paragraph (2) shall be set in accordance with
section 5382 of title 5 as if such position were a Senior
Executive Service position (as such term is defined in section
3132(a) of title 5).
(B) A rate of basic pay for a position may not be set under
subparagraph (A) in excess of--
(i) in the case the position is not described in
clause (ii), the rate of basic pay payable for level
III of the Executive Schedule; or
(ii) in the case that the position is covered by a
performance appraisal system that meets the
certification criteria established by regulation under
section 5307(d) of title 5, the rate of basic pay
payable for level II of the Executive Schedule.
(C) Notwithstanding the provisions of subsection (d) of
section 5307 of title 5, the Secretary may make any
certification under that subsection instead of the Office of
Personnel Management and without concurrence of the Office of
Management and Budget.
(b) The grades for positions provided for in paragraph (1) of
section 7401 of this title shall be as follows. The annual
ranges of rates of basic pay for those grades shall be
prescribed from time to time by Executive order as authorized
by chapter 53 of title 5 or as otherwise authorized by law:
PHYSICIAN AND DENTIST SCHEDULE
Physician grade.
Dentist grade.
NURSE SCHEDULE
Nurse V.
Nurse IV.
Nurse III.
Nurse II.
Nurse I.
[CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST
SCHEDULE] CLINICAL CHIROPRACTOR AND OPTOMETRIST
SCHEDULE
Chief grade.
Senior grade.
Intermediate grade.
Full grade.
Associate grade.
(c) Notwithstanding the provisions of section 7425(a) of this
title, a person appointed under section 7306 of this title who
is not eligible for pay under subchapter III shall be deemed to
be a career appointee for the purposes of sections 4507 and
5384 of title 5.
(d) Except as provided under subsection (e), subchapter III,
and section 7457 of this title, pay for positions for which
basic pay is paid under this section may not be paid at a rate
in excess of the rate of basic pay authorized by section 5316
of title 5 for positions in Level V of the Executive Schedule.
(e) The position of Chief Nursing Officer, Office of Nursing
Services, shall be exempt from the provisions of section 7451
of this title and shall be paid at a rate determined by the
Secretary, not to exceed the maximum rate established for the
Senior Executive Service under section 5382 of title 5.
* * * * * * *
Sec. 7409. Contracts for scarce medical specialist services
(a) The Secretary may enter into contracts with institutions
and persons described in subsection (b) to provide scarce
medical specialist services at Department facilities. Such
services may include the services of physicians, dentists,
[podiatrists,] optometrists, chiropractors, nurses, physician
assistants, expanded-function dental auxiliaries, technicians,
and other medical support personnel.
(b) Institutions and persons with whom the Secretary may
enter into contracts under subsection (a) are the following:
(1) Schools and colleges of medicine, osteopathy,
dentistry, podiatry, optometry, and nursing.
(2) Clinics.
(3) Any other group or individual capable of
furnishing such scarce medical specialist services.
* * * * * * *
Sec. 7413. Treatment of podiatrists
For purposes of this chapter, the term ``physician'' includes
a podiatrist.
SUBCHAPTER II--COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
Sec. 7421. Personnel administration: in general
(a) Notwithstanding any law, Executive order, or regulation,
the Secretary shall prescribe by regulation the hours and
conditions of employment and leaves of absence of employees
appointed under any provision of this chapter in positions in
the Veterans Health Administration listed in subsection (b).
(b) Subsection (a) refers to the following positions:
(1) Physicians.
(2) Dentists.
[(3) Podiatrists.]
[(4)] (3) Optometrists.
[(5)] (4) Registered nurses.
[(6)] (5) Physician assistants.
[(7)] (6) Expanded-duty dental auxiliaries.
[(8)] (7) Chiropractors.
* * * * * * *
CHAPTER 77--VETERANS BENEFITS ADMINISTRATION
SUBCHAPTER I--ORGANIZATION; GENERAL
Sec. 7701. Organization of the Administration
(a) There is in the Department of Veterans Affairs a Veterans
Benefits Administration. The primary function of the Veterans
Benefits Administration is the administration of nonmedical
benefits programs of the Department which provide assistance,
other than assistance related to Economic Opportunity and
Transition, to veterans and their dependents and survivors.
(b) The Veterans Benefits Administration is under the Under
Secretary for Benefits, who is directly responsible to the
Secretary for the operations of the Administration. The Under
Secretary for Benefits may be referred to as the Chief Benefits
Director.
Sec. 7703. Functions of the Administration
The Veterans Benefits Administration is responsible for the
administration of the following programs of the Department:
(1) Compensation and pension programs.
[(2) Vocational rehabilitation and educational
assistance programs.
[(3) Veterans' housing loan programs.]
[(4)] (2) Veterans' and servicemembers' life
insurance programs.
[(5)] (3) Outreach programs and other veterans'
services programs.
* * * * * * *
CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
Sec.
8001. Organization of Administration.
8002. Functions of Administration.
Sec. 8001. Organization of Administration
(a) Veterans Economic Opportunity and Transition
Administration There is in the Department of Veterans Affairs a
Veterans Economic Opportunity and Transition Administration.
The primary function of the Veterans Economic Opportunity and
Transition Administration is the administration of the programs
of the Department that provide assistance related to economic
opportunity to veterans and their dependents and survivors.
(b) Under Secretary for Economic Opportunity and Transition
The Veterans Economic Opportunity and Transition Administration
is under the Under Secretary for Veterans Economic Opportunity
and Transition, who is directly responsible to the Secretary
for the operations of the Administration.
(c) Deputy Under Secretaries The Veterans Economic
Opportunity and Transition Administration shall have two Deputy
Under Secretaries as follows:
(1) The Deputy Under Secretary for Readjustment, who
shall be the principal assistant of the Under Secretary
for Veterans Economic Opportunity and Transition with
respect to the programs specified in paragraphs (1)
through (4) of section 8002 of this title.
(2) The Deputy Under Secretary for Employment,
Training, and Transition, who shall be the principal
assistant of the Under Secretary for Veterans Economic
Opportunity and Transition with respect to the programs
specified in paragraphs (5) through (9) of section 8002
of this title.
Sec. 8002. Functions of AdministrationThe Veterans Economic Opportunity
and Transition Administration is responsible for
the administration of the following programs of the
Department:
(1) Vocational rehabilitation and employment
programs.
(2) Educational assistance programs.
(3) Veterans' housing loan and related programs.
(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of
section 8127 of this title, including the
administration of the database of veteran-owned
businesses described in such subsection.
(5) Job counseling, training, and placement services
for veterans under chapter 41 of this title.
(6) Employment and training of veterans under chapter
42 of this title.
(7) Administration of employment and employment
rights of members of the uniformed services under
chapter 43 of this title.
(8) Homeless veterans reintegration programs under
chapter 20 of this title.
(9) The Transition Assistance Program under section
1144 of title 10.
(10) Any other program of the Department that the
Secretary determines appropriate.
* * * * * * *
PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
* * * * * * *
CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL
PROPERTY
* * * * * * *
SUBCHAPTER II--PROCUREMENT AND SUPPLY
* * * * * * *
Sec. 8127. Small business concerns owned and controlled by veterans:
contracting goals and preferences
(a) Contracting Goals.--(1) In order to increase contracting
opportunities for small business concerns owned and controlled
by veterans and small business concerns owned and controlled by
veterans with service-connected disabilities, the Secretary
shall--
(A) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and
controlled by veterans who are not veterans with
service-connected disabilities in accordance with
paragraph (2); and
(B) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and
controlled by veterans with service-connected
disabilities in accordance with paragraph (3).
(2) The goal for a fiscal year for participation under
paragraph (1)(A) shall be determined by the Secretary.
(3) The goal for a fiscal year for participation under
paragraph (1)(B) shall be not less than the Government-wide
goal for that fiscal year for participation by small business
concerns owned and controlled by veterans with service-
connected disabilities under section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)).
(4) The Secretary shall establish a review mechanism to
ensure that, in the case of a subcontract of a Department
contract that is counted for purposes of meeting a goal
established pursuant to this section, the subcontract was
actually awarded to a business concern that may be counted for
purposes of meeting that goal.
(b) Use of Noncompetitive Procedures for Certain Small
Contracts.--For purposes of meeting the goals under subsection
(a), and in accordance with this section, in entering into a
contract with a small business concern owned and controlled by
veterans for an amount less than the simplified acquisition
threshold (as defined in section 134 of title 41), a
contracting officer of the Department may use procedures other
than competitive procedures.
(c) Sole Source Contracts for Contracts Above Simplified
Acquisition Threshold.--For purposes of meeting the goals under
subsection (a), and in accordance with this section, a
contracting officer of the Department may award a contract to a
small business concern owned and controlled by veterans using
procedures other than competitive procedures if--
(1) such concern is determined to be a responsible
source with respect to performance of such contract
opportunity;
(2) the anticipated award price of the contract
(including options) will exceed the simplified
acquisition threshold (as defined in section 134 of
title 41) but will not exceed $5,000,000; and
(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable
price that offers best value to the United States.
(d) Use of Restricted Competition.--Except as provided in
subsections (b) and (c), for purposes of meeting the goals
under subsection (a), and in accordance with this section, a
contracting officer of the Department shall award contracts on
the basis of competition restricted to small business concerns
owned and controlled by veterans if the contracting officer has
a reasonable expectation that two or more small business
concerns owned and controlled by veterans will submit offers
and that the award can be made at a fair and reasonable price
that offers best value to the United States.
(e) Eligibility of Small Business Concerns.--A small business
concern may be awarded a contract under this section only if
the small business concern and the veteran owner of the small
business concern are listed in the database of veteran-owned
businesses maintained by the Secretary under subsection (f).
(f) Database of Veteran-Owned Businesses.--(1) Subject to
paragraphs (2) through (6), the Secretary shall maintain a
database of small business concerns owned and controlled by
veterans and the veteran owners of such business concerns.
(2)(A) To be eligible for inclusion in the database, such a
veteran shall submit to the Secretary such information as the
Secretary may require with respect to the small business
concern or the veteran. Application for inclusion in the
database shall constitute permission under section 552a of
title 5 (commonly referred to as the Privacy Act) for the
Secretary to access such personal information maintained by the
Secretary as may be necessary to verify the information
contained in the application.
(B) If the Secretary receives an application for inclusion in
the database from an individual whose status as a veteran
cannot be verified because the Secretary does not maintain
information with respect to the veteran status of the
individual, the Secretary may not include the small business
concern owned and controlled by the individual in the database
maintained by the Secretary until the Secretary receives such
information as may be necessary to verify that the individual
is a veteran.
(3) Information maintained in the database shall be submitted
on a voluntary basis by such veterans.
(4) No small business concern may be listed in the database
until the Secretary has verified that--
(A) the small business concern is owned and
controlled by veterans; and
(B) in the case of a small business concern for which
the person who owns and controls the concern indicates
that the person is a veteran with a service-connected
disability, that the person is a veteran with a
service-connected disability.
(5) The Secretary shall make the database available to all
Federal departments and agencies and shall notify each such
department and agency of the availability of the database.
(6) If the Secretary determines that the public dissemination
of certain types of information maintained in the database is
inappropriate, the Secretary shall take such steps as are
necessary to maintain such types of information in a secure and
confidential manner.
(g) Enforcement Penalties for Misrepresentation.--(1) Any
business concern that is determined by the Secretary to have
willfully and intentionally misrepresented the status of that
concern as a small business concern owned and controlled by
veterans or as a small business concern owned and controlled by
service-disabled veterans for purposes of this subsection shall
be debarred from contracting with the Department for a period
of not less than five years.
(2) In the case of a debarment under paragraph (1), the
Secretary shall commence debarment action against the business
concern by not later than 30 days after determining that the
concern willfully and intentionally misrepresented the status
of the concern as described in paragraph (1) and shall complete
debarment actions against such concern by not later than 90
days after such determination.
(3) The debarment of a business concern under paragraph (1)
includes the debarment of all principals in the business
concern for a period of not less than five years.
(h) Treatment of Businesses After Death of Veteran-Owner.--
(1) Subject to paragraph (3), if the death of a veteran causes
a small business concern to be less than 51 percent owned by
one or more veterans, the surviving spouse of such veteran who
acquires ownership rights in such small business concern shall,
for the period described in paragraph (2), be treated as if the
surviving spouse were that veteran for the purpose of
maintaining the status of the small business concern as a small
business concern owned and controlled by veterans.
(2) The period referred to in paragraph (1) is the period
beginning on the date on which the veteran dies and ending on
the earliest of the following dates:
(A) The date on which the surviving spouse remarries.
(B) The date on which the surviving spouse
relinquishes an ownership interest in the small
business concern.
(C) The date that is ten years after the date of the
veteran's death.
(3) Paragraph (1) only applies to a surviving spouse of a
veteran with a service-connected disability rated as 100
percent disabling or who dies as a result of a service-
connected disability.
(i) Priority for Contracting Preferences.--Preferences for
awarding contracts to small business concerns shall be applied
in the following order of priority:
(1) Contracts awarded pursuant to subsection (b),
(c), or (d) to small business concerns owned and
controlled by veterans with service-connected
disabilities.
(2) Contracts awarded pursuant to subsection (b),
(c), or (d) to small business concerns owned and
controlled by veterans that are not covered by
paragraph (1).
(3) Contracts awarded pursuant to--
(A) section 8(a) of the Small Business Act
(15 U.S.C. 637(a)); or
(B) section 31 of such Act (15 U.S.C. 657a).
(4) Contracts awarded pursuant to any other small
business contracting preference.
(j) Applicability of Requirements to Contracts.--(1) If after
December 31, 2008, the Secretary enters into a contract,
memorandum of understanding, agreement, or other arrangement
with any governmental entity to acquire goods or services, the
Secretary shall include in such contract, memorandum,
agreement, or other arrangement a requirement that the entity
will comply, to the maximum extent feasible, with the
provisions of this section in acquiring such goods or services.
(2) Nothing in this subsection shall be construed to
supersede or otherwise affect the authorities provided under
the Small Business Act (15 U.S.C. 631 et seq.).
(k) Annual Reports.--Not later than December 31 each year,
the Secretary shall submit to Congress a report on small
business contracting during the fiscal year ending in such
year. Each report shall include, for the fiscal year covered by
such report, the following:
(1) The percentage of the total amount of all
contracts awarded by the Department during that fiscal
year that were awarded to small business concerns owned
and controlled by veterans.
(2) The percentage of the total amount of all such
contracts awarded to small business concerns owned and
controlled by veterans with service-connected
disabilities.
(3) The percentage of the total amount of all
contracts awarded by each Administration of the
Department during that fiscal year that were awarded to
small business concerns owned and controlled by
veterans.
(4) The percentage of the total amount of all
contracts awarded by each such Administration during
that fiscal year that were awarded to small business
concerns owned and controlled by veterans with service-
connected disabilities.
(l) Limitations on Subcontracting.--(1)(A) The requirements
applicable to a covered small business concern under section 46
of the Small Business Act (15 U.S.C. 657s) shall apply with
respect to a small business concern owned and controlled by a
veteran with a service-connected disability or a small business
concern owned and controlled by a veteran that is awarded a
contract that is counted for purposes of meeting the goals
under subsection (a).
(B) For purposes of applying the requirements of section 46
of the Small Business Act (15 U.S.C. 657s) pursuant to
subparagraph (A), the term ``similarly situated entity'' used
in such section 46 includes a subcontractor for a small
business concern owned and controlled by a veteran with a
service-connected disability or a small business concern owned
and controlled by a veteran described in such subparagraph (A).
(2) Before awarding a contract that is counted for purposes
of meeting the goals under subsection (a), the Secretary shall
obtain from an offeror a certification that the offeror will
comply with the requirements described in paragraph (1)(A) if
awarded the contract. Such certification shall--
(A) specify the exact performance requirements
applicable under such paragraph; and
(B) explicitly acknowledge that the certification is
subject to section 1001 of title 18.
(3) If the Secretary determines that a small business concern
that is awarded a contract that is counted for purposes of
meeting the goals under subsection (a) did not act in good
faith with respect to the requirements described in paragraph
(1)(A), the small business concern shall be subject to the
penalties specified in--
(A) section 16(g)(1) of the Small Business Act (15
U.S.C. 645(g)(1)); and
(B) section 1001 of title 18.
(4)(A) The Director of Small and Disadvantaged Business
Utilization for the Department, established pursuant to section
15(k) of the Small Business Act (15 U.S.C. 644(k)), and the
Chief Acquisition Officer of the Department, established
pursuant to section 1702 of title 41, shall jointly implement a
process using the systems described in section 16(g)(2) of the
Small Business Act (15 U.S.C. 645(g)(2)), or any other systems
available, to monitor compliance with this subsection. The
Chief Acquisition Officer shall refer any violations of this
subsection to the Inspector General of the Department.
(B) Not later than November 30 of each year, the Inspector
General shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report for the fiscal
year preceding the fiscal year during which the report is
submitted that includes, for the fiscal year covered by the
report--
(i) the number of referred violations received under
subparagraph (A); and
(ii) the disposition of such referred violations,
including the number of small business concerns
suspended or debarred from Federal contracting or
referred to the Attorney General for prosecution.
[(l)] (m) Definitions.--In this section:
(1) The term ``small business concern'' has the
meaning given that term under section 3 of the Small
Business Act (15 U.S.C. 632).
(2) The term ``small business concern owned and
controlled by veterans'' means a small business
concern--
(A)(i) not less than 51 percent of which is
owned by one or more veterans or, in the case
of a publicly owned business, not less than 51
percent of the stock of which is owned by one
or more veterans; and
(ii) the management and daily business
operations of which are controlled by one or
more veterans; or
(B) not less than 51 percent of which is
owned by one or more veterans with service-
connected disabilities that are permanent and
total who are unable to manage the daily
business operations of such concern or, in the
case of a publicly owned business, not less
than 51 percent of the stock of which is owned
by one or more such veterans.
* * * * * * *
----------
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
Part D--Child Support and Establishment of Paternity
* * * * * * *
SEC. 453A. STATE DIRECTORY OF NEW HIRES.
(a) Establishment.--
(1) In general.--
(A) Requirement for States that have no
directory.--Except as provided in subparagraph
(B), not later than October 1, 1997, each State
shall establish an automated directory (to be
known as the ``State Directory of New Hires'')
which shall contain information supplied in
accordance with subsection (b) by employers on
each newly hired employee.
(B) States with new hire reporting law in
existence.--A State which has a new hire
reporting law in existence on the date of the
enactment of this section may continue to
operate under the State law, but the State must
meet the requirements of subsection (g)(2) not
later than October 1, 1997, and the
requirements of this section (other than
subsection (g)(2)) not later than October 1,
1998.
(2) Definitions.--As used in this section:
(A) Employee.--The term ``employee''--
(i) means an individual who is an
employee within the meaning of chapter
24 of the Internal Revenue Code of
1986; and
(ii) does not include an employee of
a Federal or State agency performing
intelligence or counterintelligence
functions, if the head of such agency
has determined that reporting pursuant
to paragraph (1) with respect to the
employee could endanger the safety of
the employee or compromise an ongoing
investigation or intelligence mission.
(B) Employer.--
(i) In general.--The term
``employer'' has the meaning given such
term in section 3401(d) of the Internal
Revenue Code of 1986 and includes any
governmental entity and any labor
organization.
(ii) Labor organization.--The term
``labor organization'' shall have the
meaning given such term in section 2(5)
of the National Labor Relations Act,
and includes any entity (also known as
a ``hiring hall'') which is used by the
organization and an employer to carry
out requirements described in section
8(f)(3) of such Act of an agreement
between the organization and the
employer.
(C) Newly hired employee.--The term ``newly
hired employee'' means an employee who--
(i) has not previously been employed
by the employer; or
(ii) was previously employed by the
employer but has been separated from
such prior employment for at least 60
consecutive days.
(b) Employer Information.--
(1) Reporting requirement.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), each employer shall
furnish to the Directory of New Hires of the
State in which a newly hired employee works, a
report that contains the name, address, and
social security number of the employee, the
date services for remuneration were first
performed by the employee, and the name and
address of, and identifying number assigned
under section 6109 of the Internal Revenue Code
of 1986 to, the employer.
(B) Multistate employers.--An employer that
has employees who are employed in 2 or more
States and that transmits reports magnetically
or electronically may comply with subparagraph
(A) by designating 1 State in which such
employer has employees to which the employer
will transmit the report described in
subparagraph (A), and transmitting such report
to such State. Any employer that transmits
reports pursuant to this subparagraph shall
notify the Secretary in writing as to which
State such employer designates for the purpose
of sending reports.
(C) Federal government employers.--Any
department, agency, or instrumentality of the
United States shall comply with subparagraph
(A) by transmitting the report described in
subparagraph (A) to the National Directory of
New Hires established pursuant to section 453.
(2) Timing of report.--Each State may provide the
time within which the report required by paragraph (1)
shall be made with respect to an employee, but such
report shall be made--
(A) not later than 20 days after the date the
employer hires the employee; or
(B) in the case of an employer transmitting
reports magnetically or electronically, by 2
monthly transmissions (if necessary) not less
than 12 days nor more than 16 days apart.
(c) Reporting Format and Method.--Each report required by
subsection (b) shall, to the extent practicable, be made on a
W-4 form or, at the option of the employer, an equivalent form,
and may be transmitted by 1st class mail, magnetically, or
electronically.
(d) Civil Money Penalties on Noncomplying Employers.--The
State shall have the option to set a State civil money penalty
which shall not exceed--
(1) $25 per failure to meet the requirements of this
section with respect to a newly hired employee; or
(2) $500 if, under State law, the failure is the
result of a conspiracy between the employer and the
employee to not supply the required report or to supply
a false or incomplete report.
(e) Entry of Employer Information.--Information shall be
entered into the data base maintained by the State Directory of
New Hires within 5 business days of receipt from an employer
pursuant to subsection (b).
(f) Information Comparisons.--
(1) In general.--Not later than May 1, 1998, an
agency designated by the State shall, directly or by
contract, conduct automated comparisons of the social
security numbers reported by employers pursuant to
subsection (b) and the social security numbers
appearing in the records of the State case registry for
cases being enforced under the State plan.
(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with
respect to the social security number of an individual
required to provide support under a support order, the
State Directory of New Hires shall provide the agency
administering the State plan approved under this part
of the appropriate State with the name, address, and
social security number of the employee to whom the
social security number is assigned, and the name and
address of, and identifying number assigned under
section 6109 of the Internal Revenue Code of 1986 to,
the employer.
(g) Transmission of Information.--
(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date
information regarding a newly hired employee is entered
into the State Directory of New Hires, the State agency
enforcing the employee's child support obligation shall
transmit a notice to the employer of the employee
directing the employer to withhold from the income of
the employee an amount equal to the monthly (or other
periodic) child support obligation (including any past
due support obligation) of the employee, unless the
employee's income is not subject to withholding
pursuant to section 466(b)(3).
(2) Transmissions to the national directory of new
hires.--
(A) New hire information.--Within 3 business
days after the date information regarding a
newly hired employee is entered into the State
Directory of New Hires, the State Directory of
New Hires shall furnish the information to the
National Directory of New Hires.
(B) Wage and unemployment compensation
information.--The State Directory of New Hires
shall, on a quarterly basis, furnish to the
National Directory of New Hires information
concerning the wages and unemployment
compensation paid to individuals, by such
dates, in such format, and containing such
information as the Secretary of Health and
Human Services shall specify in regulations.
(3) Business day defined.--As used in this
subsection, the term ``business day'' means a day on
which State offices are open for regular business.
(h) Other Uses of New Hire Information.--
(1) Location of child support obligors.--The agency
administering the State plan approved under this part
shall use information received pursuant to subsection
(f)(2) to locate individuals for purposes of
establishing paternity and establishing, modifying, and
enforcing child support obligations, and may disclose
such information to any agent of the agency that is
under contract with the agency to carry out such
purposes.
(2) Verification of eligibility for certain
programs.--A State agency responsible for administering
a program specified in section 1137(b) shall have
access to information reported by employers pursuant to
subsection (b) of this section for purposes of
verifying eligibility for the program.
(3) Administration of employment security and
workers' compensation.--State agencies operating
employment security and workers' compensation programs
shall have access to information reported by employers
pursuant to subsection (b) for the purposes of
administering such programs.
(4) Secretary of veterans affairs.--The Secretary of
Veterans Affairs shall have access to information
reported by employers pursuant to subsection (b) of
this section.
* * * * * * *
----------
VETERANS ACCESS, CHOICE, AND ACCOUNTABILITY ACT OF 2014
* * * * * * *
TITLE VII--OTHER VETERANS MATTERS
SEC. 701. EXPANSION OF MARINE GUNNERY SERGEANT JOHN DAVID FRY
SCHOLARSHIP.
(a) Expansion of Entitlement.--Subsection (b)(9) of section
3311 of title 38, United States Code, is amended by inserting
``or spouse'' after ``child''.
(b) Limitation and Election on Certain Benefits.--Subsection
(f) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (4);
and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) Limitation.--The entitlement of an individual
to assistance under subsection (a) pursuant to
paragraph (9) of subsection (b) because the individual
was a spouse of a person described in such paragraph
shall expire on the earlier of--
``(A) the date that is 15 years after the
date on which the person died; or
``(B) the date on which the individual
remarries.
``(3) Election on receipt of certain benefits.--A
surviving spouse entitled to assistance under
subsection (a) pursuant to paragraph (9) of subsection
(b) who is also entitled to educational assistance
under chapter 35 of this title may not receive
assistance under both this section and such chapter,
but shall make an irrevocable election (in such form
and manner as the Secretary may prescribe) under which
section or chapter to receive educational
assistance.''.
(c) Conforming Amendment.--Section 3321(b)(4) of such title
is amended--
(1) by striking ``an individual'' and inserting ``a
child''; and
(2) by striking ``such individual's'' each time it
appears and inserting ``such child's''.
[(d) Effective Date.--The amendments made by this section
shall apply with respect to a quarter, semester, or term, as
applicable, commencing on or after January 1, 2015.]
(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.
* * * * * * *
----------
SECTION 5003 OF THE POST-9/11 VETERANS EDUCATIONAL ASSISTANCE ACT OF
2008
SEC. 5003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO
SERVE AFTER SEPTEMBER 11, 2001.
[Subsections (a) and (b) provide for amendments to law.]
[(c) Applicability to Individuals Under Montgomery Gi Bill
Program.--
[(1) Individuals eligible to elect participation in
post-9/11 educational assistance.--An individual may
elect to receive educational assistance under chapter
33 of title 38, United States Code (as added by
subsection (a)), if such individual--
[(A) as of August 1, 2009--
[(i) is entitled to basic educational
assistance under chapter 30 of title
38, United States Code, and has used,
but retains unused, entitlement under
that chapter;
[(ii) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
and has used, but retains unused,
entitlement under the applicable
chapter;
[(iii) is entitled to basic
educational assistance under chapter 30
of title 38, United States Code, but
has not used any entitlement under that
chapter;
[(iv) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
but has not used any entitlement under
such chapter;
[(v) is a member of the Armed Forces
who is eligible for receipt of basic
educational assistance under chapter 30
of title 38, United States Code, and is
making contributions toward such
assistance under section 3011(b) or
3012(c) of such title; or
[(vi) is a member of the Armed Forces
who is not entitled to basic
educational assistance under chapter 30
of title 38, United States Code, by
reason of an election under section
3011(c)(1) or 3012(d)(1) of such title;
and
[(B) as of the date of the individual's
election under this paragraph, meets the
requirements for entitlement to educational
assistance under chapter 33 of title 38, United
States Code (as so added).
[(2) Cessation of contributions toward gi bill.--
Effective as of the first month beginning on or after
the date of an election under paragraph (1) of an
individual described by subparagraph (A)(v) of that
paragraph, the obligation of the individual to make
contributions under section 3011(b) or 3012(c) of title
38, United States Code, as applicable, shall cease, and
the requirements of such section shall be deemed to be
no longer applicable to the individual.
[(3) Revocation of remaining transferred
entitlement.--
[(A) Election to revoke.--If, on the date an
individual described in subparagraph (A)(i) or
(A)(iii) of paragraph (1) makes an election
under that paragraph, a transfer of the
entitlement of the individual to basic
educational assistance under section 3020 of
title 38, United States Code, is in effect and
a number of months of the entitlement so
transferred remain unutilized, the individual
may elect to revoke all or a portion of the
entitlement so transferred that remains
unutilized.
[(B) Availability of revoked entitlement.--
Any entitlement revoked by an individual under
this paragraph shall no longer be available to
the dependent to whom transferred, but shall be
available to the individual instead for
educational assistance under chapter 33 of
title 38, United States Code (as so added), in
accordance with the provisions of this
subsection.
[(C) Availability of unrevoked entitlement.--
Any entitlement described in subparagraph (A)
that is not revoked by an individual in
accordance with that subparagraph shall remain
available to the dependent or dependents
concerned in accordance with the current
transfer of such entitlement under section 3020
of title 38, United States Code.
[(4) Post-9/11 educational assistance.--
[(A) In general.--Subject to subparagraph
(B) and except as provided in paragraph (5), an
individual making an election under paragraph
(1) shall be entitled to educational assistance
under chapter 33 of title 38, United States
Code (as so added), in accordance with the
provisions of such chapter, instead of basic
educational assistance under chapter 30 of
title 38, United States Code, or educational
assistance under chapter 107, 1606, or 1607 of
title 10, United States Code, as applicable.
[(B) Limitation on entitlement for certain
individuals.--In the case of an individual
making an election under paragraph (1) who is
described by subparagraph (A)(i) of that
paragraph, the number of months of entitlement
of the individual to educational assistance
under chapter 33 of title 38, United States
Code (as so added), shall be the number of
months equal to--
[(i) the number of months of unused
entitlement of the individual under
chapter 30 of title 38, United States
Code, as of the date of the election,
plus
[(ii) the number of months, if any,
of entitlement revoked by the
individual under paragraph (3)(A).
[(5) Continuing entitlement to educational assistance
not available under 9/11 assistance program.--
[(A) In general.-- In the event educational
assistance to which an individual making an
election under paragraph (1) would be entitled
under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title
10, United States Code, as applicable, is not
authorized to be available to the individual
under the provisions of chapter 33 of title 38,
United States Code (as so added), the
individual shall remain entitled to such
educational assistance in accordance with the
provisions of the applicable chapter.
[(B) Charge for use of entitlement.--The
utilization by an individual of entitlement
under subparagraph (A) shall be chargeable
against the entitlement of the individual to
educational assistance under chapter 33 of
title 38, United States Code (as so added), at
the rate of one month of entitlement under such
chapter 33 for each month of entitlement
utilized by the individual under subparagraph
(A) (as determined as if such entitlement were
utilized under the provisions of chapter 30 of
title 38, United States Code, or chapter 107,
1606, or 1607 of title 10, United States Code,
as applicable).
[(6) Additional post-9/11 assistance for members
having made contributions toward gi bill.--
[(A) Additional assistance.--In the case of
an individual making an election under
paragraph (1) who is described by clause (i),
(iii), or (v) of subparagraph (A) of that
paragraph, the amount of educational assistance
payable to the individual under chapter 33 of
title 38, United States Code (as so added), as
a monthly stipend payable under paragraph
(1)(B) of section 3313(c) of such title, or
under paragraphs (2) through (7) of that
section (as applicable), shall be the amount
otherwise payable as a monthly stipend under
the applicable paragraph increased by the
amount equal to--
[(i) the total amount of
contributions toward basic educational
assistance made by the individual under
section 3011(b) or 3012(c) of title 38,
United States Code, as of the date of
the election, multiplied by
[(ii) the fraction--
[(I) the numerator of which
is--
[(aa) the number of
months of entitlement
to basic educational
assistance under
chapter 30 of title 38,
United States Code,
remaining to the
individual at the time
of the election; plus
[(bb) the number of
months, if any, of
entitlement under such
chapter 30 revoked by
the individual under
paragraph (3)(A); and
[(II) the denominator of
which is 36 months.
[(B) Months of remaining entitlement for
certain individuals.--In the case of an
individual covered by subparagraph (A) who is
described by paragraph (1)(A)(v), the number of
months of entitlement to basic educational
assistance remaining to the individual for
purposes of subparagraph (A)(ii)(I)(aa) shall
be 36 months.
[(C) Timing of payment.--The amount payable
with respect to an individual under
subparagraph (A) shall be paid to the
individual together with the last payment of
the monthly stipend payable to the individual
under paragraph (1)(B) of section 3313(c) of
title 38, United States Code (as so added), or
under paragraphs (2) through (7) of that
section (as applicable), before the exhaustion
of the individual's entitlement to educational
assistance under chapter 33 of such title (as
so added).
[(7) Continuing entitlement to additional assistance
for critical skills or speciality and additional
service.--An individual making an election under
paragraph (1)(A) who, at the time of the election, is
entitled to increased educational assistance under
section 3015(d) of title 38, United States Code, or
section 16131(i) of title 10, United States Code, or
supplemental educational assistance under subchapter
III of chapter 30 of title 38, United States Code,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in
the utilization of entitlement to educational
assistance under chapter 33 of title 38, United States
Code (as so added), in an amount equal to the quarter,
semester, or term, as applicable, equivalent of the
monthly amount of such increased educational assistance
or supplemental educational assistance payable with
respect to the individual at the time of the election.
[(8) Irrevocability of elections.--An election under
paragraph (1) or (3)(A) is irrevocable.]
(d) Effective Date.--This section and the amendments made by
this section shall take effect on August 1, 2009.
DISSENTING VIEWS
We respectfully oppose two provisions of H.R. 3016, the
Veterans Employment, Education, and Health Care Improvement Act
of 2015, as amended.
TITLE II, SECTION 203
Section 203 would create within the Department of Veterans
Affairs (VA) an entirely new bureaucracy, the Veterans Economic
Opportunity and Transition Administration (VEOTA). H.R. 3016
would consolidate various programs and transfer the Veterans
Employment and Training Services (VETS) from the Department of
Labor (DOL) to the VA.
This section mandates a reorganization of two agencies of
the Executive Branch without providing a concrete plan as to
how the VA and DOL should make these significant changes.
What's more, as of November 6, 2015, veteran unemployment is at
3.9 percent, lower than the national unemployment rate of 5.0
percent and down from 6.2 percent last year.\1\ Mandating this
reorganization is simply an attempt to fix something that
clearly is not broken and risks major disruptions to our
efforts to ensure that veterans find employment.
---------------------------------------------------------------------------
\1\Veterans Benefits Administration Office of Economic Opportunity,
Employment Facts and Statistics, BLS Employment Data, October 2015.
---------------------------------------------------------------------------
This proposed change is opposed by Executive Branch. On
September 16, 2015 VA Secretary Bob McDonald and DOL Secretary
Tom Perez sent a joint letter articulating their belief that
``the proposal to move VETS to VA undermines the collective
progress we have made over the past several years to ensure
that all veterans have access to good-paying civilian jobs.''
The Secretaries emphasize the different but complementary roles
and expertise that DOL and VA bring to veterans' employment
efforts, including DOL's focus on issues relating to employment
and training, and VA's responsibility for veterans.
The joint letter confirms that moving DOL VETS to VA would
unnecessarily duplicate DOL resources within VA, thus adding on
redundant layers of bureaucracy. ``Rather than consolidating
government programs, the proposal before the Committee
separates veterans' job training, job search, and job placement
services from similar services being provided to non-veteran
job seekers, thus creating a parallel workforce system [within
VA] that ultimately will be more expensive and less
effective.'' Yet in spite of the Secretaries' insistence that
transferring DOL VETS to VA would ``generate worse outcomes for
veterans by not leveraging existing infrastructure and
expertise,'' this legislation persists in promoting this costly
and misguided policy.
Moving DOL VETS to VA would give VA more responsibility
that it does not want, while undermining DOL's significant
progress in helping veterans find quality employment. This
apparent vote of confidence in VA's ability to manage important
programs and their corresponding budgets contradicts the often-
heard narrative that VA is unable to effectively care for our
nation's veterans
If there are problems with DOL VETS then it is Congress's
duty to exercise oversight and address those problems directly.
Lacking a detailed and concrete plan as to how this
reorganization would occur, including the manner in which these
programs are funded and what happens to employees, there is
simply not enough information to feel confident that VA would
do a better job in this area than DOL.
At the Full Committee markup on September 17, 2015, we
supported an amendment introduced by Representative Titus to
strike Section 203 and instead require three studies be
conducted to carefully evaluate this issue. Such studies would
allow Congress to better understand how the VA and DOL programs
can help veterans in their job search, employment training, and
career development. This amendment was defeated.
TITLE III, SECTION 301
Section 301 would change the terms of eligibility for
servicemembers who elect to transfer Post-9/11 GI Bill benefits
to their dependents. Currently, servicemembers can elect to
transfer their valuable Post-9/11 education benefits to
dependents upon completing six years of military service and
committing to four more years. Section 301 would change the
transfer eligibility criteria to a completion of ten years plus
a commitment of two more years. In addition, the provision
would reduce GI Bill living stipend payments to children
transferees by half. These changes are based on the
recommendations in the 2015 Military Compensation and
Retirement Modernization Commission report.\2\
---------------------------------------------------------------------------
\2\Report of the Military Compensation and Retirement Modernization
Commission, Final Report. January 29, 2015.
---------------------------------------------------------------------------
These changes would go into effect 180 days after
enactment. A current servicemember who had not served six years
by that date would have to wait to hit the ten-year mark, even
if he or she had been planning to elect to transfer education
benefits at the six-year mark. This incomplete grandfathering
of current servicemembers would create a reach-back that
violates elements of the contract we made with the individuals
who signed up to serve in our military and defend our country.
These changes to GI Bill transferability exist largely to
save money, not to meet the educational needs of veterans or
their dependents. It is crucial to note that the savings would
not be re-invested to enhance veterans' access to quality
higher education and job training. Rather, the savings would
pay for the ill-advised policy to move DOL VETS to VA, among
other provisions unrelated to veterans' education. Chipping
away at the hard-earned VA education benefits that veterans,
servicemembers and their dependents rely on, without
reinvesting in veterans' education programs, would simply erode
veterans' educational opportunities and ultimately make it more
difficult for them to succeed in their transition to civilian
life.
Further, given that the Department of Defense (DOD) relies
on GI Bill transferability as a recruitment and retention tool,
these changes would be better decided after consideration and
approval from the House Armed Services Committee.
At the September 17, 2015 Full Committee markup, we
supported an amendment offered by Representative Takano to
remove Section 301 and keep in place the current rules
governing Post-
9/11 GI Bill transferability. This amendment was defeated.
Corrine Brown,
Ranking Member.
Julia Brownley.
Ann Kuster.
Mark Takano.
Dina Titus.
Tim Walz.
[all]
