[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6416 Enrolled Bill (ENR)]
H.R.6416
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits Improvement Act of
2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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average time required to adjudicate early-filed and later-
filed appeals.

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TITLE I

-DISABILITY COMPENSATION MATTERS

regional offices of Veterans Benefits Administration.

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Veterans Affairs under National Work Queue.

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capacity of Veterans Benefits Administration to process
benefits claims.

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inventory of non-rating workload; sense of Congress regarding
Monday Morning Workload Report.

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disabilities examinations by contract physicians.

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Affairs assesses impairments that result from traumatic brain
injury for purposes of awarding disability compensation.

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claims for disabilities incurred or aggravated by military
sexual trauma.

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States Court of Appeals for Veterans Claims.

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TITLE II

-UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

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TITLE III

-BURIAL BENEFITS AND OTHER MATTERS

burial of unclaimed remains of veterans in national
cemeteries.

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the reserve components of the Armed Forces.

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TITLE IV

-EDUCATIONAL ASSISTANCE AND VOCATIONAL REHABILITATION

the vocational rehabilitation program of the Department of
Veterans Affairs.

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districts, and consortiums of educational institutions.

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educational assistance provided by Department of Veterans
Affairs of programs designed to prepare individuals for
licensure or certification.

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payments by Secretary of Veterans Affairs to educational
institutions.

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assistance under the educational assistance programs
administered by the Secretary of Veterans Affairs.

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articulation agreements between institutions of higher
learning.

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certain additional periods of active duty.

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individuals to whom entitlement is transferred under all-
volunteer force educational assistance program and post-9/11
educational assistance.

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preferences of Department of Veterans Affairs.

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TITLE V

-SMALL BUSINESS AND EMPLOYMENT MATTERS

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Employment and Training with State departments of labor and
veterans affairs.
Subtitle A--Medical Care

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Community Care account of the Department of Veterans Affairs.

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TITLE VI

-HEALTH CARE MATTERS

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health-plan contract information from veterans.

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for emergency medical conditions and women in labor.
Subtitle B--Veterans Health Administration

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of hospital care, medical services, and nursing home care.

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counselors of the Department of Veterans Affairs to include
doctoral degrees.

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under Department of Veterans Affairs Employee Incentive
Scholarship Program.

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residency positions at medical facilities of the Department of
Veterans Affairs.

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the Department of Veterans Affairs.
Subtitle C--Toxic Exposure

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to the descendants of individuals with toxic exposure.

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descendants of veterans with toxic exposure while serving in
the Armed Forces.

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veterans with toxic exposure while serving in the Armed
Forces.
Subtitle A--Access of Homeless Veterans to Benefits

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benefits under the laws administered by the Secretary of
Veterans Affairs.

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TITLE VII

-HOMELESSNESS MATTERS

with discharges or releases under other than honorable
conditions.

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Forces for certain benefits for homeless veterans.

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assistance that becomes permanent housing for homeless
veterans.

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veterans and veterans at risk of becoming homeless.

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comprehensive service programs for homeless veterans.

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Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.

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TITLE VIII

-OTHER MATTERS

(a) In General.--Section 5101(a)(1) is amended--
(1) by striking ``A specific'' and inserting ``(A) Except as
provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13 and 15
and sections 2302, 2307, and 5121 of this title to a survivor of a
veteran who has not filed a formal claim if the Secretary determines
that the record contains sufficient evidence to establish the
entitlement of the survivor to such benefits.
``(ii) For purposes of this subparagraph and section 5110 of this
title, the earlier of the following dates shall be treated as the date
of the receipt of the survivor's application for benefits described in
clause (i):
``(I) The date on which the survivor of a veteran (or the
representative of such a survivor) notifies the Secretary of the
death of the veteran through a death certificate or other relevant
evidence that establishes entitlement to survivors' benefits
identified in clause (i).
``(II) The head of any other department or agency of the
Federal Government notifies the Secretary of the death of the
veteran.
``(iii) In notifying the Secretary of the death of a veteran as
described in clause (ii)(I), the survivor (or the representative of
such a survivor) may submit to the Secretary additional documents
relating to such death without being required to file a formal
claim.''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on benefits paid pursuant to covered claims.
(2) Contents.--The report under paragraph (1) shall include the
following:
(A) The number of covered claims adjudicated during the 1-
year period preceding the date of the report, disaggregated by
the following:
(i) Claims in which the claimant was entitled to
benefits under chapters 13 or 15 or sections 2302, 2307, or
5121 of title 38, United States Code, on the basis of the
claimant's status as the spouse of a deceased veteran.
(ii) Claims in which the claimant was entitled to such
benefits on the basis of the claimant's status as the child
of a deceased veteran.
(iii) Claims in which the claimant was entitled to such
benefits on the basis of the claimant's status as the
parent of a deceased veteran.
(B) The number of covered claims during such period for
which such benefits were not awarded, disaggregated by clauses
(i) through (iii) of subparagraph (A).
(C) A comparison of the accuracy and timeliness of covered
claims adjudicated during such period with noncovered claims
filed by survivors of a veteran.
(D) The findings of the Secretary with respect to
adjudicating covered claims.
(E) Such recommendations as the Secretary may have for
legislative or administrative action to improve the
adjudication of claims submitted to the Secretary for benefits
under chapters 13 and 15 and sections 2302, 2307, and 5121 of
title 38, United States Code.
(3) Covered claim defined.--In this subsection, the term
``covered claim'' means a claim covered by section 5101(a)(1)(B) of
title 38, United States Code, as added by subsection (a).
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to claims for benefits based on a death occurring on
or after the date of the enactment of this Act.

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Section 7107 is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A)(i) Upon request for a hearing, the Board shall determine,
for purposes of scheduling the hearing for the earliest possible date,
whether a hearing before the Board will be held at its principal
location or at a facility of the Department or other appropriate
Federal facility located within the area served by a regional office of
the Department.
``(ii) The Board shall also determine whether to provide a hearing
through the use of the facilities and equipment described in subsection
(e)(1) or by the appellant personally appearing before a Board member
or panel.
``(B)(i) The Board shall notify the appellant of the determinations
of the location and type of hearing made under subparagraph (A).
``(ii) Upon notification, the appellant may request a different
location or type of hearing as described in such subparagraph.
``(iii) If so requested, the Board shall grant such request and
ensure that the hearing is scheduled at the earliest possible date
without any undue delay or other prejudice to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the facilities and
equipment described in paragraph (1) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''.

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THE AVERAGE TIME REQUIRED TO ADJUDICATE EARLY-FILED AND LATER-
FILED APPEALS.
(a) Publication Requirement.--
(1) In general.--On an ongoing basis, the Secretary of Veterans
Affairs shall make available to the public the following:
(A) The average length of time to adjudicate an early-filed
appeal.
(B) The average length of time to adjudicate a later-filed
appeal.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 1 year after the date of the enactment of this Act and
shall apply until the date that is 3 years after the date of the
enactment of this Act.
(b) Report.--
(1) In general.--Not later than 39 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on whether
publication pursuant to subsection (a)(1) has had an effect on the
number of early-filed appeals filed.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of appeals and early-filed appeals that were
filed during the 1-year period ending on the effective date
specified in subsection (a)(2).
(B) The number of appeals and early-filed appeals that were
filed during the 1-year period ending on the date that is 2
years after the effective date specified in subsection (a)(2).
(c) Definitions.--In this section:
(1) Appeal.--The term ``appeal'' means a notice of disagreement
filed pursuant to section 7105(a) of title 38, United States Code,
in response to notice of the result of an initial review or
determination regarding a claim for a benefit under a law
administered by the Secretary of Veterans Affairs.
(2) Early-filed.--The term ``early-filed'' with respect to an
appeal means that the notice of disagreement was filed not more
than 180 days after the date of mailing of the notice of the result
of the initial review or determination described in paragraph (1).
(3) Later-filed.--The term ``later-filed'' with respect to an
appeal means the notice of disagreement was filed more than 180
days after the date of mailing of the notice of the result of the
initial review or determination described in paragraph (1).

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PERFORMANCE OF REGIONAL OFFICES OF VETERANS BENEFITS
ADMINISTRATION.
(a) Review Required.--Not later than 15 months after the effective
date specified in subsection (e), the Comptroller General of the United
States shall complete a review of the regional offices of the Veterans
Benefits Administration to help the Veterans Benefits Administration
achieve more consistent performance in the processing of claims for
disability compensation.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) An identification of the following:
(A) The factors, including management practices, that
distinguish higher performing regional offices from other
regional offices with respect to claims for disability
compensation.
(B) The best practices employed by higher performing
regional offices that distinguish the performance of such
offices from other regional offices.
(C) Such other management practices or tools as the
Comptroller General determines could be used to improve the
performance of regional offices.
(2) An assessment of the effectiveness of communication with
respect to the processing of claims for disability compensation
between the regional offices and veterans service organizations and
caseworkers employed by Members of Congress.
(c) Report.--Not later than 15 months after the effective date
specified in subsection (e), the Comptroller General shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
results of the review completed under subsection (a).
(d) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
(e) Effective Date.--This section shall take effect on the date
that is 270 days after the date of the enactment of this Act.

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DEPARTMENT OF VETERANS AFFAIRS UNDER NATIONAL WORK QUEUE.
Not later than 15 months after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the criteria and procedures
that the Secretary will use to determine appropriate staffing levels at
the regional offices of the Department under the National Work Queue
for the distribution of the claims processing workload.

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CAPACITY OF VETERANS BENEFITS ADMINISTRATION TO PROCESS BENEFITS
CLAIMS.
(a) In General.--Along with the supporting information included in
the budget submitted to Congress by the President pursuant to section
1105(a) of title 31, United States Code, the President shall include
information on the capacity of the Veterans Benefits Administration to
process claims for benefits under the laws administered by the
Secretary of Veterans Affairs, including information described in
subsection (b), during the fiscal year covered by the budget with which
the information is submitted.
(b) Information Described.--The information described in this
subsection is the following:
(1) An estimate of the average number of claims for benefits
under the laws administered by the Secretary, excluding such claims
completed during mandatory overtime, that a single full-time
equivalent employee of the Administration should be able to process
in a year, based on the following:
(A) A time and motion study that the Secretary shall
conduct on the processing of such claims.
(B) Such other information relating to such claims as the
Secretary considers appropriate.
(2) A description of the actions the Secretary will take to
improve the processing of such claims.
(3) An assessment of the actions identified by the Secretary
under paragraph (2) in the previous year and an identification of
the effects of those actions.
(c) Effective Date.--This section shall apply with respect to any
budget submitted as described in subsection (a) with respect to any
fiscal year after fiscal year 2018.

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REDUCE INVENTORY OF NON-RATING WORKLOAD; SENSE OF CONGRESS
REGARDING MONDAY MORNING WORKLOAD REPORT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report that
details the plans of the Secretary to reduce the inventory of work
items listed in the Monday Morning Workload Report under End Products
130, 137, 173, 290, 400, 600, 607, 690, 930, and 960.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Veterans Affairs should include in each Monday Morning
Workload Report published by the Secretary the following:
(1) With respect to each regional office of the Department of
Veterans Affairs, the following:
(A) The number of fully developed claims for benefits under
the laws administered by the Secretary that have been received.
(B) The number of claims described in subparagraph (A) that
are pending a decision.
(C) The number of claims described in subparagraph (A) that
have been pending a decision for more than 125 days.
(2) Enhanced information on appeals of decisions relating to
claims for benefits under the laws administered by the Secretary
that are pending, including information contained in the reports of
the Department entitled ``Appeals Pending'' and ``Appeals Workload
By Station''.

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BENEFITS MANAGEMENT SYSTEM.
(a) In General.--Not later than each of 1 year, 2 years, and 3
years after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the progress of the Secretary in
implementing the Veterans Benefits Management System.
(b) Contents.--Each report required by subsection (a) shall include
the following:
(1) An assessment of the current functionality of the Veterans
Benefits Management System.
(2) Recommendations submitted to the Secretary by employees of
the Department of Veterans Affairs who are involved in processing
claims for benefits under the laws administered by the Secretary,
including veterans service representatives, rating veterans service
representatives, and decision review officers, for such legislative
or administrative action as the employees consider appropriate to
improve the processing of such claims.
(3) Recommendations submitted to the Secretary by veterans
service organizations who use the Veterans Benefits Management
System for such legislative or administrative action as the
veterans service organizations consider appropriate to improve such
system.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.

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DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS.
(a) Licensure of Contract Physicians.--
(1) Temporary authority.--Section 704 of the Veterans Benefits
Act of 2003 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph (2) may
conduct an examination pursuant to a contract entered into under
subsection (b) at any location in any State, the District of
Columbia, or a Commonwealth, territory, or possession of the United
States, so long as the examination is within the scope of the
authorized duties under such contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (b).''.
(2) Pilot program.--Section 504 of the Veterans' Benefits
Improvement Act of 1996 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph (2) may
conduct an examination pursuant to a contract entered into under
subsection (a) at any location in any State, the District of
Columbia, or a Commonwealth, territory, or possession of the United
States, so long as the examination is within the scope of the
authorized duties under such contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.

b46cba0f030cf228ed54cbd132c7d3f968b26a4ef8a8a0106a3efd0ddaa4aa67

VETERANS AFFAIRS ASSESSES IMPAIRMENTS THAT RESULT FROM TRAUMATIC
BRAIN INJURY FOR PURPOSES OF AWARDING DISABILITY COMPENSATION.
(a) Agreement.--
(1) In general.--The Secretary of Veterans Affairs shall seek
to enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine to perform the services covered by this
section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 9 months after
the date of the enactment of this Act.
(b) Comprehensive Review.--
(1) In general.--Under an agreement between the Secretary and
the National Academies of Sciences, Engineering, and Medicine under
this section, the National Academies of Sciences, Engineering, and
Medicine shall conduct a comprehensive review of examinations
furnished by the Department of Veterans Affairs to individuals who
submit claims to the Secretary for compensation under chapter 11 of
title 38, United States Code, for traumatic brain injury to assess
the impairments of such individuals relating to such injury.
(2) Elements.--The comprehensive review carried out pursuant to
paragraph (1) shall include the following:
(A) A determination of the adequacy of the tools and
protocols used by the Department to provide examinations
described in paragraph (1).
(B) A determination of which credentials are necessary for
health care specialists and providers to perform such portions
of such examinations that relate to an assessment of all
disabling effects.
(3) Group of experienced health care providers.--In carrying
out the comprehensive review pursuant to paragraph (1), the
National Academies of Sciences, Engineering, and Medicine shall
convene a group of relevant experts, including experts in clinical
neuropsychology, psychiatry, physiatry, neurosurgery, and
neurology.
(c) Report.--
(1) In general.--Not later than 540 days after the date on
which the Secretary enters into an agreement under subsection
(a)(1), the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
comprehensive review conducted under this section.
(2) Elements.--The report submitted under paragraph (1) shall
include the following:
(A) The findings of the National Academies of Sciences,
Engineering, and Medicine with respect to the comprehensive
review conducted under this section.
(B) Such recommendations for legislative or administrative
action as the National Academies of Sciences, Engineering, and
Medicine may have for the improvement of the adjudication of
claims described in subsection (b)(1).
(d) Alternate Contract Organization.--
(1) In general.--If the Secretary is unable within the period
prescribed in subsection (a)(2) to enter into an agreement
described in subsection (a)(1) with the National Academies of
Sciences, Engineering, and Medicine on terms acceptable to the
Secretary, the Secretary shall seek to enter into such an agreement
with another appropriate organization that--
(A) is not part of the Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Health and Medicine Division of the National Academies of
Sciences, Engineering, and Medicine.
(2) Treatment.--If the Secretary enters into an agreement with
another organization as described in paragraph (1), any reference
in this section to the National Academies of Sciences, Engineering,
and Medicine shall be treated as a reference to the other
organization.

173e338ce80a9dc73f77dede45025c6b6408e6d67da2d7d541fa224c4c6684c9

(a) Report on Reasonably Raised Claims.--Not later than 540 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the policies of the
Department of Veterans Affairs with respect to processing reasonably
raised unrelated claims. Such report shall include--
(1) any statistics on how frequently such unrelated claims are
identified by the Secretary;
(2) how frequently the Secretary notifies claimants about
potential unrelated claims; and
(3) how often the claimant later submits a claim for the
condition described by the unrelated claim.
(b) Annual Reports on Complete and Incomplete Claims.--During the
5-year period beginning on the date of the enactment of this Act, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives annual reports on complete and
incomplete claims for disability compensation submitted to the
Secretary. Each such report shall include, for the 1-year period
covered by the report--
(1) the total number of claims submitted to the Secretary;
(2) the total number of incomplete claims submitted to the
Secretary;
(3) the total number of complete claims submitted to the
Secretary;
(4) the total number of forms indicating an intent to file a
claim for benefits submitted to the Secretary;
(5) the total number of electronically filed claims submitted
to the Secretary;
(6) the total number of fully developed claims submitted to the
Secretary;
(7) the total number of claims submitted to the Secretary that
are not complete claims but that the Secretary treats as a request
by the claimant for a form to file a claim; and
(8) of the total number of claims identified under paragraph
(7), the percent for which the Secretary notified the claimant of
the need to file a complete claim.
(c) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given such term in
section 5100 of title 38, United States Code, and includes a
representative of a claimant.
(2) The term ``reasonably raised unrelated claim'' means a
claim for disability compensation under the laws administered by
the Secretary of Veterans Affairs that, in addition to the
condition for which such claim is made, includes evidence of a
separate condition that is not specifically identified as part of
the claim but may be inferred or logically placed at issue upon a
sympathetic reading of the claim and the record developed with
respect to that claim.

f1495a7608a011a654f21b86740e7bfd46646a9067be747d34d343b4208ac468

FOR LIFE.
(a) Findings.--Congress finds the following:
(1) There are at least 4,200,000 veterans currently living with
service-connected disabilities.
(2) As a result of their service, many veterans are permanently
disabled throughout their lives and in many cases must rely on the
support of their families and friends when these visible and
invisible burdens become too much to bear alone.
(3) October 5, which is the anniversary of the dedication of
the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their service
in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American veterans
disabled for life each year with appropriate programs and
activities.

3896406699af2bfaf54a4ca95ecf37713a94326e7e394aa81e758c91a69ae5b7

CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY MILITARY SEXUAL
TRAUMA.
(a) In General.--It is the sense of Congress that the Secretary of
Veterans Affairs should submit to Congress information on the covered
claims submitted to the Secretary during each fiscal year, including
the information specified in subsection (b).
(b) Elements.--The information specified in this subsection with
respect to each fiscal year is the following:
(1) The number of covered claims submitted to or considered by
the Secretary during such fiscal year.
(2) Of the covered claims under paragraph (1), the number and
percentage of such claims--
(A) submitted by each sex;
(B) that were approved, including the number and percentage
of such approved claims submitted by each sex; and
(C) that were denied, including the number and percentage
of such denied claims submitted by each sex.
(3) Of the covered claims under paragraph (1) that were
approved, the number and percentage, listed by each sex, of claims
assigned to each rating percentage of disability.
(4) Of the covered claims under paragraph (1) that were
denied--
(A) the three most common reasons given by the Secretary
under section 5104(b)(1) of title 38, United States Code, for
such denials; and
(B) the number of denials that were based on the failure of
a veteran to report for a medical examination.
(5) The number of covered claims that, as of the end of such
fiscal year, are pending and, separately, the number of such claims
on appeal.
(6) The average number of days that covered claims take to
complete beginning on the date on which the claim is submitted.
(7) A description of the training that the Secretary provides
to employees of the Veterans Benefits Administration specifically
with respect to covered claims, including the frequency, length,
and content of such training.
(c) Definitions.--In this section:
(1) The term ``covered claims'' means claims for disability
compensation submitted to the Secretary based on a mental health
condition alleged to have been incurred or aggravated by military
sexual trauma.
(2) The term ``military sexual trauma'' shall have the meaning
specified by the Secretary for purposes of this section and shall
include ``sexual harassment'' (as so specified).

f25b5d2e0eca40524ffaf92def3116e78cbd49865df899d7b5233c00b87c71a6

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7253(i)(2) is amended by striking
``January 1, 2013'' and inserting ``January 1, 2021''.
(b) Report.--
(1) In general.--Not later than June 30, 2020, the chief judge
of the United States Court of Appeals for Veterans Claims shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the temporary expansions of the Court under section 7253
of title 38, United States Code.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the effect of the expansions on
ensuring appeals are handled in a timely manner.
(B) A description of the ways in which the complexity
levels of the appeals acted on by the Court may have changed
based on service during recent conflicts compared to those
based on service from previous eras.
(C) A recommendation on whether the number of judges should
be adjusted at the end of the temporary expansion period,
including statistics, projections, trend analyses, and other
information to support the recommendation.

a4ade490b94b08a01f8301492cd9fa6b6520af7b6339024ed0129b96b1cff70e

STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7281 is amended by adding at the end the
following:
``(j) For purposes of chapter 87 of title 5, a judge who is in
regular active service and a judge who is retired under section 7296 of
this title or under chapter 83 or 84 of title 5 shall be treated as an
employee described in section 8701(a)(5) of title 5.
``(k) Notwithstanding any other provision of law, the Court may pay
on behalf of its judges, who are age 65 or older, any increase in the
cost of Federal Employees' Group Life Insurance imposed after April 24,
1999, including any expenses generated by such payments, as authorized
by the chief judge of the Court in a manner consistent with such
payment authorized by the Judicial Conference of the United States
pursuant to section 604(a)(5) of title 28.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any payment made on or after the first day of the
first applicable pay period beginning on or after the date of the
enactment of this Act.

c19ccbf7a6143d2f2b229899fe1ff78e0919944cb58f328b8e74347c2de4fd3f

Section 7297 is amended by adding at the end the following new
subsection:
``(p)(1) A covered judge who makes an election under subsection (b)
may purchase, in 3-month increments, up to an additional year of
service credit for each year of Federal judicial service completed,
under the terms set forth in this section.
``(2) In this subsection, the term `covered judge' means any of the
following:
``(A) A judge in regular active service.
``(B) A retired judge who is a recall-eligible retired judge
pursuant to subsection (a) of section 7257 of this title.
``(C) A retired judge who would be a recall-eligible retired
judge pursuant to subsection (a) of section 7257 but for--
``(i) meeting the aggregate recall service requirements
under subsection (b)(3) of such section; or
``(ii) being permanently disabled as described by
subsection (b)(4) of such section.''.

2c672648e833a30b67efa57b56c1a7768f2df5d4759e405f5495c7b1c8945f98

APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7253(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) have at least 3 years remaining in term of office; and'';
and
(2) by amending paragraph (2) to read as follows:
``(2)(A) In any case in which there is no judge of the Court in
regular active service who meets the requirements under paragraph (1),
the judge of the Court in regular active service who is senior in
commission and meets subparagraph (A) or (B) and subparagraph (C) of
paragraph (1) shall act as the chief judge.
``(B) In any case under subparagraph (A) of this paragraph in which
there is no judge of the Court in regular active service who meets
subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the
judge of the Court in regular active service who is senior in
commission and meets subparagraph (C) shall act as the chief judge.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to the selection of a chief judge occurring on or
after January 1, 2020.

2dc0f28cc1bb00f377fff9a52b8809cbc66d32a3a5466f2c211b34e6b39584c0

MEDALLIONS.
Section 2306(d) is amended--
(1) by striking paragraph (4) and inserting the following new
paragraph:
``(4)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph (B), the
Secretary may furnish, upon request, a medallion or other device of a
design determined by the Secretary to signify the deceased individual's
status as a veteran, to be attached to a headstone or marker furnished
at private expense.
``(B) A deceased individual described in this subsection is an
individual who--
``(i) served in the Armed Forces on or after April 6, 1917; and
``(ii) is eligible for a headstone or marker furnished under
paragraph (1) (or would be so eligible but for the date of the
death of the individual).''; and
(2) by adding at the end the following new paragraph:
``(5)(A) In carrying out this subsection with respect to a deceased
individual described in subparagraph (C), the Secretary shall furnish,
upon request, a headstone or marker under paragraph (1) or a medallion
under paragraph (4) that signifies the deceased's status as a medal of
honor recipient.
``(B) If the Secretary furnished a headstone, marker, or medallion
under paragraph (1) or (4) for a deceased individual described in
subparagraph (C) that does not signify the deceased's status as a medal
of honor recipient, the Secretary shall, upon request, replace such
headstone, marker, or medallion with a headstone, marker, or medallion,
as the case may be, that so signifies the deceased's status as a medal
of honor recipient.
``(C) A deceased individual described in this subparagraph is a
deceased individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
``(ii) is eligible for a headstone or marker furnished under
paragraph (1) or a medallion furnished under paragraph (4) (or
would be so eligible for such headstone, marker, or medallion but
for the date of the death of the individual); and
``(iii) was awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title 14 (including
posthumously).
``(D) In this paragraph, the term `medal of honor recipient' means
an individual who is awarded the medal of honor under section 3741,
6241, or 8741 of title 10 or section 491 of title 14.''.

8af51cd381707cbfcfeb6ae18211389637066bdffa345507b0eb8f80ca12f2a4

(a) In General.--Section 112(a) is amended by striking
``veterans,'' and all that follows through ``service,'' and inserting
the following: ``persons eligible for burial in a national cemetery by
reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of
this title,''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the death of a person eligible for burial in a national
cemetery by reason of paragraph (1), (2), (3), or (7) of section
2402(a) of title 38, United States Code, occurring before, on, or after
the date of the enactment of this Act.

1c7c1d03b52145669169d295ff6af89beca463557a1bbee9663a8b95c56e2ad4

TO BURIAL OF UNCLAIMED REMAINS OF VETERANS IN NATIONAL
CEMETERIES.
(a) Study and Report Required.--Not later than 1 year after the
effective date specified in subsection (d), the Secretary of Veterans
Affairs shall--
(1) complete a study on matters relating to the interring of
unclaimed remains of veterans in national cemeteries under the
control of the National Cemetery Administration; and
(2) submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary with
respect to the study required under paragraph (1).
(b) Matters Studied.--The matters studied under subsection (a)(1)
shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for working with persons or entities
having custody of unclaimed remains to facilitate interment of
unclaimed remains of veterans in national cemeteries under the
control of the National Cemetery Administration.
(3) Assessing State and local laws that affect the ability of
the Secretary to inter unclaimed remains of veterans in national
cemeteries under the control of the National Cemetery
Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number of
unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as the
Secretary considers appropriate, including a subset of funeral
homes and coroner offices that possess unclaimed veterans remains.
(2) Assessment of state and local laws.--In assessing State and
local laws under subsection (b)(3), the Secretary may assess such
sample of applicable State and local laws as the Secretary
considers appropriate in lieu of reviewing all applicable State and
local laws.
(d) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.

1d83afa46b5baf5421ce483432e4bab6701b5f0c06ca935fee8d2cb906678058

DURING WEEKENDS.
(a) Study.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a study on the feasibility and the need for providing
increased interments in veterans' cemeteries on Saturdays and
Sundays to meet the needs of surviving family members to properly
honor the deceased.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) The number of requests made for interments in veterans'
cemeteries on a Saturday or a Sunday since January 1, 2007.
(B) The number of requests identified under subparagraph
(A) that were granted.
(C) An estimate of the number of families that, since
January 1, 2007, would have selected a weekend interment if
such an interment would have been offered.
(D) A review of the practices relating to weekend
interments among non-veterans' cemeteries, including private
and municipal cemeteries.
(E) A comparison of the costs to veterans' cemeteries with
respect to providing regular interments only during weekdays
and such costs for providing regular interments during the
weekdays and at least 1 weekend day.
(F) Any other information the Secretary determines
appropriate.
(3) Consultation.--In carrying out the study under paragraph
(1), the Secretary shall consult with the following:
(A) Veterans who are eligible to be interred in a veterans'
cemetery.
(B) Family members of a deceased individual interred in a
veterans' cemetery.
(C) Veterans service organizations.
(D) Associations representing cemetery and funeral home
professionals.
(E) The heads of agencies of State governments relating to
veterans affairs.
(F) The directors of the veterans' cemeteries.
(G) Any other person the Secretary determines appropriate.
(b) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on the study conducted under subsection (a).
(c) Veterans' Cemeteries Defined.--In this section, the term
``veterans' cemeteries'' means the cemeteries of the National Cemetery
Administration, veterans' cemeteries owned by a State, and veterans'
cemeteries owned by a tribal organization.

1b52affcbb10874f4af14d6ea12d8a61a18dac8f9ddf6d98aab58dabd571b258

SERVICE IN THE RESERVE COMPONENTS OF THE ARMED FORCES.
Any person who is entitled under chapter 1223 of title 10, United
States Code, to retired pay for nonregular service or, but for age,
would be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be entitled to any
benefit by reason of this honor.

43f2eb9c47357d72688ba5bc2b72f39f20be09ffd0ea84d721773f0d3310fd39

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) 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, as redesignated by subsection (b)(2), is amended by
striking ``that paragraph'' and inserting ``paragraph (9) of subsection
(b)''.

a045293a94164c150d4f9e90b08eec86618a7e65ef9f9fcf41400421ad2133c1

PURPOSES OF THE VOCATIONAL REHABILITATION PROGRAM OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) is amended by adding at the end
the following new sentences: ``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 1 year
after the date of the enactment of this Act.

99de837cf5bd8646a31ab68f42943e5de5e55cc1c993a7d2f5676d77d0f31c88

SERVICES BASED ON NEED.
Section 3104, as amended by section 402, 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 the
Committees on Veterans' Affairs of the Senate and House of
Representatives a plan describing such changes.''.

4193d334a1418090cffca5423dca2190e76759bbf054aead214caac38c85fbce

EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter III of chapter 33 is amended--
(1) in section 3325(c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the information received by the Secretary under section
3326 of this title; and''; and
(2) by adding at the end the following new section:
``Sec. 3326. Report on student progress
``As a condition of approval under chapter 36 of this title of a
course offered by an educational institution (as defined in section
3452 of this title), each year, each educational institution (as so
defined) that received a payment in that year on behalf of an
individual entitled to educational assistance under this chapter shall
submit to the Secretary such information regarding the academic
progress of the individual as the Secretary may require.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Report on student progress.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act.

925ef744127be78cdc3cd265e0f643820c6e1292b8ffe6f306970f505a76d235

POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33, as amended by
section 404, is further amended by adding at the end the following new
section:
``Sec. 3327. 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 this 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 of
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 subsection 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 of 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 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 Post-9/11 Educational 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 1 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 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 chapter 30 of this title 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 paragraphs (2) through (7) 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 Specialty 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, 2017, 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, as amended by section 404, is further amended by adding
at the end the following new item:
``3327. 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.

4d126b0fc02276ac2109e958710fead8b7c25fe07314343279b50198f5ceff40

Section 3485(a)(4) is amended by striking ``June 30, 2013'' each
place it appears and inserting ``June 30, 2013, or the period beginning
on June 30, 2017, and ending on June 30, 2022''.

93fe1c697b8e006b2bdddd3edd026d0447cb3f813b40e7259353a308099b9084

GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3684(a) 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.

df20e13d39bf5fbcf0628fe0df1f391eb9e379e61297c47bb03f0e437b463ff1

(a) Approval of Certain Courses.--Section 3672(b)(2)(A) 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, or
the Secretary when acting in the role of 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)--
(A) in the matter preceding paragraph (1), by striking
``the Secretary or the State approving agency'' and inserting
``the State approving agency, or the Secretary when acting in
the role of a State approving agency,''; and
(B) in paragraph (1), by striking ``the Secretary or the
State approving agency'' and inserting ``the State approving
agency, or the Secretary when acting in the role of a State
approving agency''.

e367b16a4d9a892c913e2be53e276a99437347b6df54f3e85e5d202364c6e0c0

EDUCATIONAL ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS
OF PROGRAMS DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE OR
CERTIFICATION.
(a) Approval of Nonaccredited Courses.--Subsection (c) of section
3676 is amended--
(1) by redesignating paragraph (14) as paragraph (16); and
(2) by inserting after paragraph (13) the following new
paragraphs:
``(14) In the case of a course designed to prepare an
individual for licensure or certification in a State, the course--
``(A) meets all instructional curriculum licensure or
certification requirements of such State; and
``(B) in the case of a course designed to prepare an
individual for licensure to practice law in a State, is
accredited by an accrediting agency or association recognized
by the Secretary of Education under subpart 2 of part H of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b).
``(15) In the case of a course designed to prepare an
individual for employment pursuant to standards developed by a
board or agency of a State in an occupation that requires approval,
licensure, or certification, the course--
``(A) meets such standards; and
``(B) in the case of a course designed to prepare an
individual for licensure to practice law in a State, is
accredited by an accrediting agency or association recognized
by the Secretary of Education under subpart 2 of part H of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1099b).''.
(b) Exceptions.--Such section is further amended by adding at the
end the following new subsection:
``(f)(1) The Secretary may waive the requirements of paragraph (14)
or (15) of subsection (c) in the case of a course of education offered
by an educational institution (either accredited or not accredited) if
the Secretary determines all of the following:
``(A) The educational institution is not accredited by an
agency or association recognized by the Secretary of Education.
``(B) The course did not meet the requirements of such
paragraph at any time during the 2-year period preceding the date
of the waiver.
``(C) The waiver furthers the purposes of the educational
assistance programs administered by the Secretary or would further
the education interests of individuals eligible for assistance
under such programs.
``(D) The educational institution does not provide any
commission, bonus, or other incentive payment based directly or
indirectly on success in securing enrollments or financial aid to
any persons or entities engaged in any student recruiting or
admission activities or in making decisions regarding the award of
student financial assistance, except for the recruitment of foreign
students residing in foreign countries who are not eligible to
receive Federal student assistance.
``(2) Not later than 30 days after the date on which the Secretary
issues a waiver under paragraph (1), the Secretary shall submit to
Congress notice of such waiver and a justification for issuing such
waiver.''.
(c) Approval of Accredited Courses.--Section 3675(b)(3) is
amended--
(1) by striking ``and (3)'' and inserting ``(3), (14), (15),
and (16)''; and
(2) by inserting before the period at the end the following:
``(or, with respect to such paragraphs (14) and (15), the
requirements under such paragraphs are waived pursuant to
subsection (f)(1) of section 3676 of this title)''.
(d) Approval of Accredited Standard College Degree Programs Offered
at Public or Not-For-Profit Educational Institutions.--Section
3672(b)(2) is amended--
(1) in subparagraph (A)(i), by striking ``An accredited'' and
inserting ``Except as provided in subparagraph (C), an
accredited''; and
(2) by adding at the end the following new subparagraph:
``(C) A course that is described in both subparagraph (A)(i) of
this paragraph and in paragraph (14) or (15) of section 3676(c) of this
title shall not be deemed to be approved for purposes of this chapter
unless--
``(i) a State approving agency, or the Secretary when acting in
the role of a State approving agency, determines that the course
meets the applicable criteria in such paragraphs; or
``(ii) the Secretary issues a waiver for such course under
section 3676(f)(1) of this title.''.
(e) Disapproval of Courses.--Section 3679 is amended by adding at
the end the following new subsection:
``(d) Notwithstanding any other provision of this chapter, the
Secretary or the applicable State approving agency shall disapprove a
course of education described in paragraph (14) or (15) of section
3676(c) of this title unless the educational institution providing the
course of education--
``(1) publicly discloses any conditions or additional
requirements, including training, experience, or examinations,
required to obtain the license, certification, or approval for
which the course of education is designed to provide preparation;
and
``(2) makes each disclosure required by paragraph (1) in a
manner that the Secretary considers prominent (as specified by the
Secretary in regulations prescribed for purposes of this
subsection).''.
(f) Applicability.--If after enrollment in a course of education
that is subject to disapproval by reason of an amendment made by this
section, an individual pursues one or more courses of education at the
same educational institution while remaining continuously enrolled
(other than during regularly scheduled breaks between courses,
semesters, or terms) at that institution, any course so pursued by the
individual at that institution while so continuously enrolled shall not
be subject to disapproval by reason of such amendment.

f8c8a82aed2fcbb2a3ea3759f706c78c8b8c381a98588672759332bc029ac34c

(a) Nonaccredited Courses.--Paragraph (16) of section 3676(c), as
redesignated by section 409, 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) 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 (16) 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.

a05ac59c1c58b76bfc74facdf5b51311194a09f6b16dcfda0f2ea572eaf6cf66

(a) In General.--Section 3693 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 2-year period; and
``(C) assign not fewer than 1 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 meanings 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''.

16e8748fd0f5933cf6734e412a0ddf7801827688fa453a7675de6ebb7d9aa001

FOR PAYMENTS BY SECRETARY OF VETERANS AFFAIRS TO EDUCATIONAL
INSTITUTIONS.
(a) Through September 25, 2017.--During the period beginning on the
date of the enactment of this Act and ending on September 25, 2017, the
second sentence of section 3684(c) of title 38, United States Code,
shall be applied--
(1) by substituting ``$6'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(b) September 26, 2017, Through September 25, 2026.--During the
period beginning on September 26, 2017, and ending on September 25,
2026, the second sentence of such section shall be applied--
(1) by substituting ``$7'' for ``$12''; and
(2) by substituting ``$12'' for ``$15''.
(c) Conforming Amendment.--Section 406 of the Department of
Veterans Affairs Expiring Authorities Act of 2014 (Public Law 113-175;
38 U.S.C. 3684 note), as amended by the Department of Veterans Affairs
Expiring Authorities Act of 2016, is amended by striking ``During the
three-year period beginning on the date of the enactment of this Act''
and inserting ``During the period beginning on the date of the
enactment of this Act and ending on the day before the date of the
enactment of the Jeff Miller and Richard Blumenthal Veterans Health
Care and Benefits Improvement Act of 2016''.

7a4db974799bcb0d92eee1e26b65a539350e1636ec47bf2348b34fa22c0fa7d2

Section 3692(a) is amended in the second sentence by striking
``veterans representative of World War II'' and all that follows
through the period at the end of that sentence and inserting the
following: ``a representative sample of veterans and other individuals
who have used, or may in the future use, educational assistance
benefits administered by the Secretary.''.

da29c152f7856ce099fa31c2d23bf615324e142e4c3aae95117ece1a92e78adf

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 1 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 survey.

0bbe1cdb2e7f3848b245c82b86fa11f98f77a703ef648bf97852c81a30a924ee

ON ARTICULATION AGREEMENTS BETWEEN INSTITUTIONS OF HIGHER
LEARNING.
(a) Information.--Department of Veterans Affairs counselors who
provide educational or vocational counseling services pursuant to
section 3697A of title 38, United States Code, shall provide to any
eligible individual who requests such counseling services information
about the articulation agreements of each institution of higher
learning in which the individual is interested.
(b) Certification of Eligibility.--When the Secretary of Veterans
Affairs provides to an individual a certification of eligibility for
educational assistance provided by the Department of Veterans Affairs,
the Secretary shall also include detailed information on such
educational assistance, including information on requesting education
counseling services and on articulation agreements.
(c) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the meaning
given such term in section 3452(f) of title 38, United States Code.
(2) The term ``articulation agreement'' has the meaning given
such term in section 486A of the Higher Education Act of 1965
(Public Law 89-329; 20 U.S.C. 1093a).
(d) Deadline for Implementation.--The Secretary of Veterans Affairs
shall implement this section not later than 90 days after the date of
the enactment of this Act.

ce95da314119edd39f326e5a399bd57c99a3a1a6992ad1f1e188808ef9091d2c

Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

Other Sections