PUBLIC LAW 114–315—DEC. 16, 2016 

JEFF MILLER AND RICHARD BLUMENTHAL 

VETERANS HEALTH CARE AND BENEFITS 

IMPROVEMENT ACT OF 2016 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1536 PUBLIC LAW 114–315—DEC. 16, 2016 

Public Law 114–315 

114th Congress 

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, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(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: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 

TITLE I—DISABILITY COMPENSATION MATTERS 

Sec. 101. Expedited payment of survivors’ benefits. 

Sec. 102. Board of Veterans’ Appeals video hearings. 

Sec. 103. Requirement that Secretary of Veterans Affairs publish the average time 

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

Sec. 104. Comptroller General review of claims processing performance of regional 

offices of Veterans Benefits Administration. 

Sec. 105. Report on staffing levels at regional offices of Department of Veterans Affairs under National Work Queue. 

Sec. 106. Inclusion in annual budget submission of information on capacity of Veterans Benefits Administration to process benefits claims. 

Sec. 107. Report on plans of Secretary of Veterans Affairs to reduce inventory of 

non-rating workload; sense of Congress regarding Monday Morning 

Workload Report. 

Sec. 108. Annual report on progress in implementing Veterans Benefits Management System. 

Sec. 109. Improvements to authority for performance of medical disabilities examinations by contract physicians. 

Sec. 110. Independent review of process by which Department of Veterans Affairs 

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

Sec. 111. Reports on claims for disability compensation. 

Sec. 112. Sense of Congress regarding American veterans disabled for life. 

Sec. 113. Sense of Congress on submittal of information relating to claims for disabilities incurred or aggravated by military sexual trauma. 

TITLE II—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

Sec. 201. Extension of temporary increase in number of judges on United States 

Court of Appeals for Veterans Claims. 

Sec. 202. Life insurance program relating to judges of United States Court of Appeals for Veterans Claims. 

Sec. 203. Voluntary contributions to enlarge survivors’ annuity. 

Sec. 204. Selection of chief judge of United States Court of Appeals for Veterans 

Claims. 

TITLE III—BURIAL BENEFITS AND OTHER MATTERS 

Sec. 301. Expansion of eligibility for headstones, markers, and medallions. 

Jeff Miller and 

Richard 

Blumenthal 

Veterans 

Health Care 

and Benefits 

Improvement Act 

of 2016. 

38 USC 101 note. 

Dec. 16, 2016 

[H.R. 6416] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1537 

Sec. 302. Expansion of Presidential Memorial Certificate program. 

Sec. 303. Department of Veterans Affairs study on matters relating to burial of unclaimed remains of veterans in national cemeteries. 

Sec. 304. Study on provision of interments in veterans’ cemeteries during weekends. 

Sec. 305. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. 

TITLE IV—EDUCATIONAL ASSISTANCE AND VOCATIONAL 

REHABILITATION 

Sec. 401. Clarification of eligibility for Marine Gunnery Sergeant John David Fry 

Scholarship. 

Sec. 402. Approval of courses of education and training for purposes of the vocational rehabilitation program of the Department of Veterans Affairs. 

Sec. 403. Authority to prioritize vocational rehabilitation services based on need. 

Sec. 404. Reports on progress of students receiving Post-9/11 Educational Assistance. Sec. 405. Recodification and improvement of election process for Post-9/11 Educational Assistance Program. 

Sec. 406. Work-study allowance. 

Sec. 407. Centralized reporting of veteran enrollment by certain groups, districts, 

and consortiums of educational institutions. 

Sec. 408. Role of State approving agencies. 

Sec. 409. Modification of requirements for approval for purposes of educational assistance provided by Department of Veterans Affairs of programs designed to prepare individuals for licensure or certification. 

Sec. 410. Criteria used to approve courses. 

Sec. 411. Compliance surveys. 

Sec. 412. Modification of reductions in reporting fee multipliers for payments by 

Secretary of Veterans Affairs to educational institutions. 

Sec. 413. Composition of Veterans’ Advisory Committee on Education. 

Sec. 414. Survey of individuals using their entitlement to educational assistance 

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

Sec. 415. Department of Veterans Affairs provision of information on articulation 

agreements between institutions of higher learning. 

Sec. 416. Retention of entitlement to educational assistance during certain additional periods of active duty. 

Sec. 417. 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. 

Sec. 418. Study on the effectiveness of veterans transition efforts. 

TITLE V—SMALL BUSINESS AND EMPLOYMENT MATTERS 

Sec. 501. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs. 

Sec. 502. Longitudinal study of job counseling, training, and placement service for 

veterans. 

Sec. 503. Limitation on administrative leave for employees of Department of Veterans Affairs. 

Sec. 504. Required coordination between Directors for Veterans’ Employment and 

Training with State departments of labor and veterans affairs. 

TITLE VI—HEALTH CARE MATTERS 

Subtitle A—Medical Care 

Sec. 601. Requirement for advance appropriations for the Medical Community Care 

account of the Department of Veterans Affairs. 

Sec. 602. Improved access to appropriate immunizations for veterans. 

Sec. 603. Priority of medal of honor recipients in health care system of Department 

of Veterans Affairs. 

Sec. 604. Requirement that Department of Veterans Affairs collect health-plan contract information from veterans. 

Sec. 605. Mental health treatment for veterans who served in classified missions. 

Sec. 606. Examination and treatment by Department of Veterans Affairs for emergency medical conditions and women in labor. 

Subtitle B—Veterans Health Administration 

Sec. 611. Time period covered by annual report on Readjustment Counseling Service. 

Sec. 612. Annual report on Veterans Health Administration and furnishing of hospital care, medical services, and nursing home care. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1538 PUBLIC LAW 114–315—DEC. 16, 2016 

Sec. 613. Expansion of qualifications for licensed mental health counselors of the 

Department of Veterans Affairs to include doctoral degrees. 

Sec. 614. Modification of hours of employment for physicians employed by the Department of Veterans Affairs. 

Sec. 615. Repeal of compensation panels to determine market pay for physicians 

and dentists. 

Sec. 616. Clarification regarding liability for breach of agreement under Department of Veterans Affairs Employee Incentive Scholarship Program. 

Sec. 617. Extension of period for increase in graduate medical education residency 

positions at medical facilities of the Department of Veterans Affairs. 

Sec. 618. Report on public access to research by Department of Veterans Affairs. 

Sec. 619. Authorization of certain major medical facility projects of the Department 

of Veterans Affairs. 

Subtitle C—Toxic Exposure 

Sec. 631. Definitions. 

Sec. 632. National Academy of Medicine assessment on research relating to the descendants of individuals with toxic exposure. 

Sec. 633. Advisory board on research relating to health conditions of descendants 

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

Sec. 634. Research relating to health conditions of descendants of veterans with 

toxic exposure while serving in the Armed Forces. 

TITLE VII—HOMELESSNESS MATTERS 

Subtitle A—Access of Homeless Veterans to Benefits 

Sec. 701. Expansion of definition of homeless veteran for purposes of benefits under 

the laws administered by the Secretary of Veterans Affairs. 

Sec. 702. Authorization to furnish certain benefits to homeless veterans with discharges or releases under other than honorable conditions. 

Sec. 703. Waiver of minimum period of continuous active duty in Armed Forces for 

certain benefits for homeless veterans. 

Sec. 704. Training of personnel of the Department of Veterans Affairs and grant recipients. 

Sec. 705. Regulations. 

Sec. 706. Effective date. 

Subtitle B—Other Homelessness Matters 

Sec. 711. Increased per diem payments for transitional housing assistance that becomes permanent housing for homeless veterans. 

Sec. 712. Program to improve retention of housing by formerly homeless veterans 

and veterans at risk of becoming homeless. 

Sec. 713. Establishment of National Center on Homelessness Among Veterans. 

Sec. 714. Requirement for Department of Veterans Affairs to assess comprehensive 

service programs for homeless veterans. 

Sec. 715. Report on outreach relating to increasing the amount of housing available 

to veterans. 

TITLE VIII—OTHER MATTERS 

Sec. 801. Department of Veterans Affairs construction reforms. 

Sec. 802. Technical and clerical amendments. 

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 

Except as otherwise expressly provided, whenever in this Act 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of title 

38, United States Code. 

TITLE I—DISABILITY COMPENSATION 

MATTERS 

SEC. 101. EXPEDITED PAYMENT OF SURVIVORS’ BENEFITS. 

(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 

38 USC 5101. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1539 

(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 

Recommendations. 

Certification. 

Notifications. 

Determination. 

Records. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1540 PUBLIC LAW 114–315—DEC. 16, 2016 

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. 

SEC. 102. BOARD OF VETERANS’ APPEALS VIDEO HEARINGS. 

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.’’. 

SEC. 103. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS 

PUBLISH 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 earlyfiled appeal. 

(B) The average length of time to adjudicate a laterfiled 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 

Time period. 

Applicability. 

Public 

information. 

Notification. 

Determinations. 

38 USC 7107. 

Applicability. 

38 USC 5101 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1541 

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). 

SEC. 104. COMPTROLLER GENERAL REVIEW OF CLAIMS PROCESSING 

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. 

Assessment. 

Deadline. 

Deadlines. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1542 PUBLIC LAW 114–315—DEC. 16, 2016 

(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. 

SEC. 105. REPORT ON STAFFING LEVELS AT REGIONAL OFFICES OF 

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. 

SEC. 106. INCLUSION IN ANNUAL BUDGET SUBMISSION OF INFORMATION ON 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. 

Applicability. 

Assessment. 

Estimate. 

President. 

38 USC 303 note. 

Criteria. 

Procedures. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1543 

SEC. 107. REPORT ON PLANS OF SECRETARY OF VETERANS AFFAIRS 

TO 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’’. 

SEC. 108. ANNUAL REPORT ON PROGRESS IN IMPLEMENTING VETERANS 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. 

Assessment. 

Recommendations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1544 PUBLIC LAW 114–315—DEC. 16, 2016 

(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. 

SEC. 109. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF 

MEDICAL 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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1545 

‘‘(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered 

into under subsection (a).’’. 

SEC. 110. INDEPENDENT REVIEW OF PROCESS BY WHICH DEPARTMENT OF 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). 

Recommendations. 

Determinations. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1546 PUBLIC LAW 114–315—DEC. 16, 2016 

(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. 

SEC. 111. REPORTS ON CLAIMS FOR DISABILITY COMPENSATION. 

(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: 

Time periods. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1547 

(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. 

SEC. 112. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED 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. 

SEC. 113. SENSE OF CONGRESS ON SUBMITTAL OF INFORMATION 

RELATING TO 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. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1548 PUBLIC LAW 114–315—DEC. 16, 2016 

(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). 

TITLE II—UNITED STATES COURT OF 

APPEALS FOR VETERANS CLAIMS 

SEC. 201. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF 

JUDGES ON 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. 

Recommendation. 

Assessment. 

38 USC 7253 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1549 

SEC. 202. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF 

UNITED 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. 

SEC. 203. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ 

ANNUITY. 

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.’’. 

SEC. 204. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT 

OF 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 

Definition. 

Time period. 

Applicability. 

38 USC 7281 

note. 

38 USC 7281. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1550 PUBLIC LAW 114–315—DEC. 16, 2016 

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. 

TITLE III—BURIAL BENEFITS AND 

OTHER MATTERS 

SEC. 301. EXPANSION OF ELIGIBILITY FOR HEADSTONES, MARKERS, 

AND 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). 

Time period. 

Time period. 

38 USC 2306. 

Effective date. 

38 USC 7253 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1551 

‘‘(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.’’. 

SEC. 302. EXPANSION OF PRESIDENTIAL MEMORIAL CERTIFICATE 

PROGRAM. 

(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. 

SEC. 303. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS 

RELATING 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. 

Estimate. 

Recommendations. 

Assessment. 

38 USC 112 note. 

38 USC 112. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1552 PUBLIC LAW 114–315—DEC. 16, 2016 

(d) EFFECTIVE DATE.—This section shall take effect on the 

date that is 1 year after the date of the enactment of this Act. 

SEC. 304. STUDY ON PROVISION OF INTERMENTS IN VETERANS’ CEMETERIES 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. 

SEC. 305. HONORING AS VETERANS CERTAIN PERSONS WHO PERFORMED SERVICE IN THE RESERVE COMPONENTS OF THE 

ARMED FORCES. 

Any person who is entitled under chapter 1223 of title 10, 

United States Code, to retired pay for nonregular service or, but 

38 USC 101 note. 

Deadline. 

Reports. 

Review. 

Estimate. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1553 

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. 

TITLE IV—EDUCATIONAL ASSISTANCE 

AND VOCATIONAL REHABILITATION 

SEC. 401. 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) 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)’’. 

SEC. 402. 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) 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 Waiver authority. 

Time period. 

38 USC 3311. 

Time period. 

Effective date. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1554 PUBLIC LAW 114–315—DEC. 16, 2016 

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. 

SEC. 403. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION 

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.’’. 

SEC. 404. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST9/11 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: 

‘‘§ 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. 

38 USC 3325 

note. 

38 USC 

prec. 3301. 

38 USC 3326. 

Deadline. 

Plan. 

Evaluation. 

Determination. 

38 USC 3104. 

Applicability. 

38 USC 3104 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1555 

SEC. 405. RECODIFICATION AND IMPROVEMENT OF ELECTION 

PROCESS FOR 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: 

‘‘§ 3327. Election to receive educational assistance 

‘‘(a) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPATION IN POST9/11 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 

Effective date. 

Eligibility date. 

38 USC 3327. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1556 PUBLIC LAW 114–315—DEC. 16, 2016 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1557 

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 

Time period. 

Effective date. 

Effective date. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1558 PUBLIC LAW 114–315—DEC. 16, 2016 

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. 

SEC. 406. WORK-STUDY ALLOWANCE. 

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’’. 

SEC. 407. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY 

CERTAIN 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. 

SEC. 408. ROLE OF STATE APPROVING AGENCIES. 

(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 

Applicability. 

38 USC 3684 

note. 

Definition. 

38 USC 3485. 

Time period. 

38 USC 

prec. 3301. 

Statement. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1559 

(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’’. 

SEC. 409. MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR PURPOSES OF 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. 

Time period. 

Waiver authority. 

Determination. 

38 USC 3676. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1560 PUBLIC LAW 114–315—DEC. 16, 2016 

‘‘(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 

38 USC 3672 

note. 

Regulations. 

Public 

information. 

Waiver. 

Determination. 

38 USC 3675. 

Deadline. 

Notification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1561 

so pursued by the individual at that institution while so continuously enrolled shall not be subject to disapproval by reason of 

such amendment. 

SEC. 410. CRITERIA USED TO APPROVE COURSES. 

(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. 

SEC. 411. COMPLIANCE SURVEYS. 

(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.’’. 

Consultation. 

Deadlines. 

Effective dates. 

38 USC 3676 

note. 

Consultation. 

Determination. 

38 USC 3676. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1562 PUBLIC LAW 114–315—DEC. 16, 2016 

(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. 412. MODIFICATION OF REDUCTIONS IN REPORTING FEE MULTIPLIERS 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’’. 

SEC. 413. COMPOSITION OF VETERANS’ ADVISORY COMMITTEE ON 

EDUCATION. 

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.’’. 

SEC. 414. 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— 

Deadlines. 

Contracts. 

38 USC 3692. 

Time period. 

Effective date. 

Applicability. 

38 USC 3684 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1563 

(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 serviceconnected 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. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1564 PUBLIC LAW 114–315—DEC. 16, 2016 

(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. 

SEC. 415. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF 

INFORMATION 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. 

38 USC 3067A. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1565 

SEC. 416. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE DURING CERTAIN ADDITIONAL PERIODS OF ACTIVE 

DUTY. 

(a) EDUCATIONAL ASSISTANCE ALLOWANCE.—Section 

16131(c)(3)(B)(i) of title 10, United States Code, is amended by 

striking ‘‘or 12304’’ and inserting ‘‘12304, 12304a, or 12304b’’. 

(b) EXPIRATION DATE.—Section 16133(b)(4) of such title is 

amended by striking ‘‘or 12304’’ and inserting ‘‘12304, 12304a, or 

12304b’’. 

SEC. 417. 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.—Subparagraph (B) of section 

3679(c)(2) is amended to read as follows: 

‘‘(B) An individual who is entitled to assistance under— 

‘‘(i) section 3311(b)(9) of this title; or 

‘‘(ii) section 3319 of this title by virtue of the 

individual’s relationship to— 

‘‘(I) a veteran described in subparagraph (A); 

or 

‘‘(II) a member of the uniformed services 

described in section 3319(b) of this title who is 

serving on active duty.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply with respect to a course, semester, or term that begins 

after July 1, 2017. 

SEC. 418. STUDY ON THE EFFECTIVENESS OF VETERANS TRANSITION 

EFFORTS. 

(a) STUDY.—The Secretary of Veterans Affairs, in coordination 

with the Secretary of Labor and the Secretary of Defense, shall 

carry out a study to evaluate programs to assist veterans of the 

Armed Forces in their transition to civilian life. Such study shall 

be designed to determine the effectiveness of current programs, 

especially in regards to the unique challenges faced by women 

veterans, veterans with disabilities, Native American veterans 

(including Alaska Native veterans and Native Hawaiian veterans), 

veterans who are residents of a territory of the United States, 

veterans who are part of the indigenous population of a territory 

of the United States, and other groups of minority veterans identified by the Secretaries, including whether such programs— 

(1) effectively address the challenges veterans face in pursuing higher education, especially the challenges faced by such 

groups of minority veterans; 

(2) effectively address the challenges such veterans face 

entering the civilian workforce and in translating experience 

and skills from military service to the job market; and 

(3) effectively address the challenges faced by the families 

of such veterans transitioning to civilian life. 

(b) REPORT.—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 regarding the findings and recommendations of the study required under subsection (a). 

Determination. 

Coordination. 

Evaluation. 

38 USC 3679. 

10 USC 16131. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1566 PUBLIC LAW 114–315—DEC. 16, 2016 

(c) PROHIBITION ON AUTHORIZATION OF APPROPRIATIONS.—No 

additional funds are authorized to carry out the requirements of 

this section. Such requirements shall be carried out using amounts 

otherwise authorized. 

TITLE V—SMALL BUSINESS AND 

EMPLOYMENT MATTERS 

SEC. 501. MODIFICATION OF TREATMENT UNDER CONTRACTING 

GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Subsection (h) of section 8127 is amended— 

(1) in paragraph (3), by striking ‘‘rated as’’ and all that 

follows through ‘‘disability.’’ and inserting a period; and 

(2) in paragraph (2), by amending subparagraph (C) to 

read as follows: 

‘‘(C) The date that— 

‘‘(i) in the case of a surviving spouse of a veteran 

with a service-connected disability rated as 100 percent 

disabling or who dies as a result of a service-connected 

disability, is 10 years after the date of the veteran’s death; 

or 

‘‘(ii) in the case of a surviving spouse of a veteran 

with a service-connected disability rated as less than 100 

percent disabling who does not die as a result of a serviceconnected disability, is 3 years after the date of the veteran’s death.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date that is 180 days after the date 

of the enactment of this Act and shall apply with respect to contracts 

awarded on or after such date. 

SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, TRAINING, AND 

PLACEMENT SERVICE FOR VETERANS. 

(a) IN GENERAL.—Chapter 41 is amended by adding at the 

end the following new section: 

‘‘§ 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 5 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. 

Time period. 

Contracts. 

38 USC 3415. 

Applicability. 

Contracts. 

38 USC 8127 

note. 

Time periods. 

38 USC 8127. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1567 

‘‘(B) The 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 program 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 1 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) Whether such individual had contact with a OneStop Career Center employee while attending a workshop or 

job fair under the Transition GPS Program of the Department 

of Defense. 

‘‘(P) Demographic information about such individual. 

‘‘(Q) Such other information as the Secretary determines 

appropriate. 

‘‘(b) ANNUAL REPORT.—(1) By not later than July 1 of each 

year covered by the study required under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the 

Senate and the Committee on Veterans’ Affairs of the House of 

Representatives a report on the outcomes of the study during the 

preceding year. 

‘‘(2) The Secretary shall include in each report submitted under 

paragraph (1) the following: 

‘‘(A) Information with respect to job fairs attended by OneStop Career Center employees at which the employees had 

contact with a veteran, including, for the year preceding the 

year in which the report is submitted, the following: 

‘‘(i) The number of job fairs attended by One-Stop 

Career Center employees at which the employees had contact with a veteran. 

‘‘(ii) The number of veterans contacted at each such 

job fair. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1568 PUBLIC LAW 114–315—DEC. 16, 2016 

‘‘(B) Such information as 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. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES 

OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) LIMITATION.— 

(1) IN GENERAL.—Chapter 7 is amended by inserting after 

section 715 the following new section: 

‘‘§ 717. Limitation on administrative leave 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the 

Secretary may not place any covered individual on administrative 

leave, or any other type of paid non-duty status without charge 

to leave, for more than a total of 14 days during any 365-day 

period. 

‘‘(b) WAIVER.—The Secretary may waive the limitation under 

subsection (a) and extend the administrative leave or other paid 

non-duty status without charge to leave of a covered individual 

placed on such leave or status under subsection (a) if the Secretary 

submits to the Committees on Veterans’ Affairs of the Senate and 

House of Representatives a detailed explanation of the reasons 

the individual was placed on administrative leave or other paid 

non-duty status without charge to leave and the reasons for the 

extension of such leave or status. Such explanation shall include 

the job title and grade of the covered individual and the location 

where the individual is employed. 

‘‘(c) COVERED INDIVIDUAL.—In this section, the term ‘covered 

individual’ means an employee of the Department— 

‘‘(1) who is subject to an investigation for purposes of 

determining whether such individual should be subject to any 

disciplinary action under this title or title 5; or 

‘‘(2) against whom any disciplinary action is proposed or 

initiated under this title or title 5.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 715 the following new item: 

‘‘717. Limitation on administrative leave.’’. 

(b) APPLICATION.—Section 717 of title 38, United States Code, 

as added by subsection (a)(1), shall apply with respect to any 

365-day period beginning on or after the date of enactment of 

this Act. 

SEC. 504. REQUIRED COORDINATION BETWEEN DIRECTORS FOR VETERANS’ EMPLOYMENT AND TRAINING WITH STATE 

DEPARTMENTS OF LABOR AND VETERANS AFFAIRS. 

(a) IN GENERAL.—Section 4103 is amended by adding at the 

end the following new subsection: 

‘‘(c) COORDINATION WITH STATE DEPARTMENTS OF LABOR AND

VETERANS AFFAIRS.—Each Director for Veterans’ Employment and 

Training for a State shall coordinate the Director’s activities under 

38 USC 4103. 

Time period. 

Effective date. 

38 USC 717 note. 

38 USC 

prec. 701. 

Definition. 

Explanation. 

Time period. 

38 USC 717. 

38 USC 

prec. 4100. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1569 

this chapter with the State department of labor and the State 

department of veterans affairs.’’. 

(b) EFFECTIVE DATE.—Subsection (c) of such section, as added 

by subsection (a), shall take effect on the date that is 1 year 

after the date of the enactment of this Act. 

TITLE VI—HEALTH CARE MATTERS 

Subtitle A—Medical Care 

SEC. 601. REQUIREMENT FOR ADVANCE APPROPRIATIONS FOR THE 

MEDICAL COMMUNITY CARE ACCOUNT OF THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Section 117(c) is amended by adding at the 

end the following new paragraph: 

‘‘(7) Veterans Health Administration, Medical Community 

Care.’’. 

(b) CONFORMING AMENDMENT.—Section 1105(a)(37) of title 31, 

United States Code, is amended by adding at the end the following 

new subparagraph: 

‘‘(G) Veterans Health Administration, Medical Community Care.’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply to fiscal years beginning on and after October 1, 2017. 

SEC. 602. IMPROVED ACCESS TO APPROPRIATE IMMUNIZATIONS FOR 

VETERANS. 

(a) INCLUSION OF RECOMMENDED ADULT IMMUNIZATIONS AS

MEDICAL SERVICES.— 

(1) COVERED BENEFIT.—Subparagraph (F) of section 1701(9) 

is amended to read as follows: 

‘‘(F) immunizations against infectious diseases, 

including each immunization on the recommended adult 

immunization schedule at the time such immunization is 

indicated on that schedule;’’. 

(2) RECOMMENDED ADULT IMMUNIZATION SCHEDULE

DEFINED.—Section 1701 is amended by adding at the end the 

following new paragraph: 

‘‘(10) The term ‘recommended adult immunization schedule’ 

means the schedule established (and periodically reviewed and, 

as appropriate, revised) by the Advisory Committee on 

Immunization Practices established by the Secretary of Health 

and Human Services and delegated to the Centers for Disease 

Control and Prevention.’’. 

(b) INCLUSION OF RECOMMENDED ADULT IMMUNIZATIONS IN

ANNUAL REPORT.—Section 1704(1)(A) is amended— 

(1) in clause (i), by striking ‘‘and’’ at the end; 

(2) in clause (ii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after clause (ii) the following new clause: 

‘‘(iii) to provide veterans each immunization on 

the recommended adult immunization schedule at the 

time such immunization is indicated on that schedule.’’. 

(c) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 2 years after the date 

of the enactment of this Act, the Secretary of Veterans Affairs 

Effective date. 

38 USC 117. 

38 USC 4103 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1570 PUBLIC LAW 114–315—DEC. 16, 2016 

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 development and 

implementation by the Department of Veterans Affairs of 

quality measures and metrics, including targets for compliance, 

to ensure that veterans receiving medical services under 

chapter 17 of title 38, United States Code, receive each 

immunization on the recommended adult immunization 

schedule at the time such immunization is indicated on that 

schedule. 

(2) RECOMMENDED ADULT IMMUNIZATION SCHEDULE

DEFINED.—In this subsection, the term ‘‘recommended adult 

immunization schedule’’ has the meaning given that term in 

section 1701(10) of title 38, United States Code, as added by 

subsection (a)(2). 

(d) RULE OF CONSTRUCTION.—Nothing in this section or the 

amendments made by this section may be construed to require 

a veteran to receive an immunization that the veteran does not 

want to receive. 

SEC. 603. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN HEALTH 

CARE SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) ENROLLMENT PRIORITY.— 

(1) IN GENERAL.—Section 1705(a) is amended— 

(A) 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 

(B) 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,’’. 

(2) APPLICATION.—The priority of enrollment of medal of 

honor recipients in the system of annual patient enrollment 

established and operated under section 1705(a) of such title, 

as amended by paragraph (1), shall apply to each such recipient, 

regardless of the date on which the medal is awarded. 

(b) ELIGIBILITY.—Section 1710(a)(2)(D) 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) 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) 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: 

38 USC 1705 

note. 

38 USC 1705. 

38 USC 1701 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1571 

‘‘(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.’’. 

SEC. 604. REQUIREMENT THAT DEPARTMENT OF VETERANS AFFAIRS 

COLLECT HEALTH-PLAN CONTRACT INFORMATION FROM 

VETERANS. 

(a) IN GENERAL.—Subchapter I of chapter 17 is amended by 

inserting after section 1705 the following new section: 

‘‘§ 1705A. Management of health care: information regarding 

health-plan contracts 

‘‘(a) IN GENERAL.—(1) Any individual who seeks hospital care 

or medical services under this chapter shall provide to the Secretary 

such current information as the Secretary may require to identify 

any health-plan contract under which such individual is covered. 

‘‘(2) The information required to be provided to the Secretary 

under paragraph (1) with respect to a health-plan contract shall 

include, as applicable, the following: 

‘‘(A) The name of the entity providing coverage under the 

health-plan contract. 

‘‘(B) If coverage under the health-plan contract is in the 

name of an individual other than the individual required to 

provide information under this section, the name of the policy 

holder of the health-plan contract. 

‘‘(C) The identification number for the health-plan contract. 

‘‘(D) The group code for the health-plan contract. 

‘‘(b) ACTION TO COLLECT INFORMATION.—The Secretary may 

take such action as the Secretary considers appropriate to collect 

the information required under subsection (a). 

‘‘(c) EFFECT ON SERVICES FROM DEPARTMENT.—The Secretary 

may not deny any services under this chapter to an individual 

solely due to the fact that the individual fails to provide information 

required under subsection (a). 

‘‘(d) HEALTH-PLAN CONTRACT DEFINED.—In this section, the 

term ‘health-plan contract’ has the meaning given that term in 

section 1725(f) of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 is amended by inserting after the item relating 

to section 1705 the following new item: 

‘‘1705A. Management of health care: information regarding health-plan contracts.’’. 

SEC. 605. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED 

IN CLASSIFIED MISSIONS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

veterans who experience combat-related mental health wounds 

should have immediate, appropriate, and consistent access to comprehensive mental health care. 

(b) IN GENERAL.—Subchapter II of chapter 17 is amended by 

adding at the end the following new section: 

‘‘§ 1720H. Mental health treatment for veterans who served 

in classified missions 

‘‘(a) ESTABLISHMENT OF STANDARDS.—(1) The Secretary shall 

establish standards and procedures to ensure that each eligible 

veteran may access mental health care furnished by the Secretary 

Procedures. 

38 USC 1720H. 

38 USC 

prec. 1701. 

38 USC 1705A. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1572 PUBLIC LAW 114–315—DEC. 16, 2016 

in a manner that fully accommodates the obligation of the veteran 

to not improperly disclose classified information. 

‘‘(2) In establishing standards and procedures under paragraph 

(1), the Secretary shall consult with the Secretary of Defense to 

ensure that such standards and procedures are consistent with 

the policies on classified information of the Department of Defense. 

‘‘(3) The Secretary shall disseminate guidance to employees 

of the Veterans Health Administration, including mental health 

professionals, on the standards and procedures established under 

paragraph (1) and how to best engage eligible veterans during 

the course of mental health treatment with respect to classified 

information. 

‘‘(b) IDENTIFICATION.—In carrying out this section, the Secretary 

shall ensure that a veteran may elect to identify as an eligible 

veteran on an appropriate form. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘classified information’ means any information or material that has been determined by an official of 

the United States pursuant to law to require protection against 

unauthorized disclosure for reasons of national security. 

‘‘(2) The term ‘eligible veteran’ means a veteran who— 

‘‘(A) is eligible to receive health care furnished by 

the Department under this title; 

‘‘(B) is seeking mental health treatment; and 

‘‘(C) in the course of serving in the Armed Forces, 

participated in a sensitive mission or served in a sensitive 

unit. 

‘‘(3) The term ‘sensitive mission’ means a mission of the 

Armed Forces that, at the time at which an eligible veteran 

seeks treatment, is classified. 

‘‘(4) The term ‘sensitive unit’ has the meaning given that 

term in section 130b(c)(4) of title 10.’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1720G the following new item: 

‘‘1720H. Mental health treatment for veterans who served in classified missions.’’. 

SEC. 606. EXAMINATION AND TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR EMERGENCY MEDICAL CONDITIONS 

AND WOMEN IN LABOR. 

(a) IN GENERAL.—Subchapter VIII of chapter 17 is amended 

by inserting after section 1784 the following new section: 

‘‘§ 1784A. Examination and treatment for emergency medical 

conditions and women in labor 

‘‘(a) IN GENERAL.—In the case of a hospital of the Department 

that has an emergency department, if any individual comes to 

the hospital or the campus of the hospital and a request is made 

on behalf of the individual for examination or treatment for a 

medical condition, the hospital must provide for an appropriate 

medical screening examination within the capability of the emergency department, including ancillary services routinely available 

to the emergency department, to determine whether or not an 

emergency medical condition exists. 

‘‘(b) NECESSARY STABILIZING TREATMENT FOR EMERGENCY MED- ICAL CONDITIONS AND LABOR.—(1) If any individual comes to a 

hospital of the Department that has an emergency department 

Informed 

consent. 

38 USC 1784A. 

38 USC 

prec. 1701. 

Guidance. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1573 

or the campus of such a hospital and the hospital determines 

that the individual has an emergency medical condition, the hospital 

must provide either— 

‘‘(A) within the staff and facilities available at the hospital, 

for such further medical examination and such treatment as 

may be required to stabilize the medical condition; or 

‘‘(B) for transfer of the individual to another medical facility 

in accordance with subsection (c). 

‘‘(2) A hospital is deemed to meet the requirement of paragraph 

(1)(A) with respect to an individual if the hospital offers the individual the further medical examination and treatment described 

in that paragraph and informs the individual (or a person acting 

on behalf of the individual) of the risks and benefits to the individual 

of such examination and treatment, but the individual (or a person 

acting on behalf of the individual) refuses to consent to the examination and treatment. The hospital shall take all reasonable steps 

to secure the written informed consent of the individual (or person) 

to refuse such examination and treatment. 

‘‘(3) A hospital is deemed to meet the requirement of paragraph 

(1)(B) with respect to an individual if the hospital offers to transfer 

the individual to another medical facility in accordance with subsection (c) and informs the individual (or a person acting on behalf 

of the individual) of the risks and benefits to the individual of 

such transfer, but the individual (or a person acting on behalf 

of the individual) refuses to consent to the transfer. The hospital 

shall take all reasonable steps to secure the written informed consent of the individual (or person) to refuse such transfer. 

‘‘(c) RESTRICTING TRANSFERS UNTIL INDIVIDUAL STABILIZED.— 

(1) If an individual at a hospital of the Department has an emergency medical condition that has not been stabilized, the hospital 

may not transfer the individual unless— 

‘‘(A)(i) the individual (or a legally responsible person acting 

on behalf of the individual), after being informed of the obligations of the hospital under this section and of the risk of 

transfer, requests, in writing, transfer to another medical 

facility; 

‘‘(ii) a physician of the Department has signed a certification that, based upon the information available at the time 

of transfer, the medical benefits reasonably expected from the 

provision of appropriate medical treatment at another medical 

facility outweigh the increased risks to the individual and, 

in the case of labor, to the unborn child from effecting the 

transfer; or 

‘‘(iii) if a physician of the Department is not physically 

present in the emergency department at the time an individual 

is transferred, a qualified medical person (as defined by the 

Secretary for purposes of this section) has signed a certification 

described in clause (ii) after a physician of the Department, 

in consultation with the person, has made the determination 

described in such clause, and subsequently countersigns the 

certification; and 

‘‘(B) the transfer is an appropriate transfer to that facility. 

‘‘(2) A certification described in clause (ii) or (iii) of paragraph 

(1)(A) shall include a summary of the risks and benefits upon 

which the certification is based. 

‘‘(3) For purposes of paragraph (1)(B), an appropriate transfer 

to a medical facility is a transfer— 

Summary. 

Consultation. 

Certification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1574 PUBLIC LAW 114–315—DEC. 16, 2016 

‘‘(A) in which the transferring hospital provides the medical 

treatment within its capacity that minimizes the risks to the 

health of the individual and, in the case of a woman in labor, 

the health of the unborn child; 

‘‘(B) in which the receiving facility— 

‘‘(i) has available space and qualified personnel for 

the treatment of the individual; and 

‘‘(ii) has agreed to accept transfer of the individual 

and to provide appropriate medical treatment; 

‘‘(C) in which the transferring hospital sends to the 

receiving facility all medical records (or copies thereof) available 

at the time of the transfer relating to the emergency medical 

condition for which the individual has presented, including— 

‘‘(i) observations of signs or symptoms; 

‘‘(ii) preliminary diagnosis; 

‘‘(iii) treatment provided; 

‘‘(iv) the results of any tests; and 

‘‘(v) the informed written request or certification (or 

copy thereof) provided under paragraph (1)(A); 

‘‘(D) in which the transfer is effected through qualified 

personnel and transportation equipment, including the use of 

necessary and medically appropriate life support measures 

during the transfer; and 

‘‘(E) that meets such other requirements as the Secretary 

considers necessary in the interest of the health and safety 

of the individual or individuals transferred. 

‘‘(d) PAYMENT TO THE DEPARTMENT.—The Secretary shall charge 

for any care or services provided under this section in accordance 

with billing and reimbursement authorities available to the Secretary under other provisions of law. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘campus’ means, with respect to a hospital 

of the Department— 

‘‘(A) the physical area immediately adjacent to the 

main buildings of the hospital; 

‘‘(B) other areas and structures that are not strictly 

contiguous to the main buildings but are located not more 

than 250 yards from the main buildings; and 

‘‘(C) any other areas determined by the Secretary to 

be part of the campus of the hospital. 

‘‘(2) The term ‘emergency medical condition’ means— 

‘‘(A) a medical condition manifesting itself by acute 

symptoms of sufficient severity (including severe pain) such 

that the absence of immediate medical attention could 

reasonably be expected to result in— 

‘‘(i) placing the health of the individual (or, with 

respect to a pregnant woman, the health of the woman 

or her unborn child) in serious jeopardy; 

‘‘(ii) serious impairment to bodily functions; or 

‘‘(iii) serious dysfunction of any bodily organ or 

part; or 

‘‘(B) in the case of a pregnant woman, a stage of 

labor that a medical provider determines indicates— 

‘‘(i) that there is inadequate time to effect a safe 

transfer to another hospital before delivery; or 

‘‘(ii) that transfer may pose a threat to the health 

or safety of the woman or the unborn child. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1575 

‘‘(3)(A) The term ‘to stabilize’ means— 

‘‘(i) with respect to an emergency medical condition 

described in paragraph (2)(A), to provide such medical 

treatment of the condition as may be necessary to assure, 

within reasonable medical probability, that no material 

deterioration of the condition is likely to result from or 

occur during the transfer of the individual from a facility; 

or 

‘‘(ii) with respect to an emergency medical condition 

described in paragraph (2)(B), to deliver (including the 

placenta). 

‘‘(B) The term ‘stabilized’ means— 

‘‘(i) with respect to an emergency medical condition 

described in paragraph (2)(A), that no material deterioration of the condition is likely, within reasonable medical 

probability, to result from or occur during the transfer 

of the individual from a facility; or 

‘‘(ii) with respect to an emergency medical condition 

described in paragraph (2)(B), that the woman has delivered (including the placenta). 

‘‘(4) The term ‘transfer’ means the movement (including 

the discharge) of an individual outside the facilities of a hospital 

of the Department at the direction of any person employed 

by (or affiliated or associated, directly or indirectly, with) the 

hospital, but does not include such a movement of an individual 

who— 

‘‘(A) has been declared dead; or 

‘‘(B) leaves the facility without the permission of any 

such person.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 is amended by inserting after the item relating 

to section 1784 the following new item: 

‘‘1784A. Examination and treatment for emergency medical conditions and women 

in labor.’’. 

Subtitle B—Veterans Health 

Administration 

SEC. 611. TIME PERIOD COVERED BY ANNUAL REPORT ON READJUSTMENT COUNSELING SERVICE. 

Section 7309(e)(1) is amended by striking ‘‘calendar year’’ and 

inserting ‘‘fiscal year’’. 

SEC. 612. ANNUAL REPORT ON VETERANS HEALTH ADMINISTRATION 

AND FURNISHING OF HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE. 

(a) IN GENERAL.—Subchapter II of chapter 73 is amended by 

adding at the end the following new section: 

‘‘§ 7330B. Annual report on Veterans Health Administration 

and furnishing of hospital care, medical services, 

and nursing home care 

‘‘(a) REPORT REQUIRED.—Not later than March 1 of each of 

years 2018 through 2022, 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, 

38 USC 7330B. 

38 USC 7309. 

38 USC 

prec. 1701. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1576 PUBLIC LAW 114–315—DEC. 16, 2016 

for the calendar year preceding the calendar year during which 

the report is submitted— 

‘‘(1) the furnishing of hospital care, medical services, and 

nursing home care under the laws administered by the Secretary; and 

‘‘(2) the administration of the furnishing of such care and 

services by the Veterans Health Administration. 

‘‘(b) ELEMENTS.—Each report required by subsection (a) shall 

include each of the following for the year covered by the report: 

‘‘(1) An evaluation of the effectiveness of the Veterans 

Health Administration in increasing the access of veterans 

to hospital care, medical services, and nursing home care furnished by the Secretary for which such veterans are eligible. 

‘‘(2) An evaluation of the effectiveness of the Veterans 

Health Administration in improving the quality of health care 

provided to veterans, without increasing the costs incurred 

for such health care by the Federal Government or veterans, 

including relevant information for each medical center and 

Veterans Integrated Service Network of the Department set 

forth separately. 

‘‘(3) An assessment of— 

‘‘(A) the workload of physicians and other employees 

of the Veterans Health Administration; 

‘‘(B) patient demographics and utilization rates; 

‘‘(C) physician compensation; 

‘‘(D) the productivity of physicians and other employees 

of the Veterans Health Administration; 

‘‘(E) the percentage of hospital care, medical services, 

and nursing home care provided to veterans in facilities 

of the Department and in non-Department facilities and 

any changes in such percentages compared to the year 

preceding the year covered by the report; 

‘‘(F) pharmaceutical prices; and 

‘‘(G) third-party health billings owed to the Department, including the total amount of such billings and the 

total amount collected by the Department, set forth separately for claims greater than $1,000 and for claims equal 

to or less than $1,000. 

‘‘(c) DEFINITIONS.—In this section, the terms ‘hospital care’, 

‘medical services’, ‘nursing home care’, ‘facilities of the Department’, 

and ‘non-Department facilities’ have the meanings given those terms 

in section 1701 of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 73 is amended by inserting after the item relating 

to section 7330A the following new item: 

‘‘7330B. Annual report on Veterans Health Administration and furnishing of hospital care, medical services, and nursing home care.’’. 

SEC. 613. EXPANSION OF QUALIFICATIONS FOR LICENSED MENTAL 

HEALTH COUNSELORS OF THE DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE DOCTORAL DEGREES. 

Section 7402(b)(11)(A) is amended by inserting ‘‘or doctoral 

degree’’ after ‘‘master’s degree’’. 

38 USC 7402. 

38 USC 

prec. 7301. 

Assessment. 

Evaluations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1577 

SEC. 614. MODIFICATION OF HOURS OF EMPLOYMENT FOR PHYSICIANS EMPLOYED BY THE DEPARTMENT OF VETERANS 

AFFAIRS. 

Section 7423(a) of title 38, United States Code, is amended— 

(1) by striking ‘‘(a) The hours’’ and inserting ‘‘(a)(1) Except 

as provided in paragraph (2), the hours’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) Upon the advance written request of a covered physician, 

the Secretary may modify the hours of employment for a physician 

appointed in the Administration under any provision of this chapter 

on a full-time basis to be more or less than 80 hours in a biweekly 

pay period, subject to the requirements in subparagraph (B). For 

the purpose of determining pay, such a physician shall be deemed 

to have a biweekly schedule of 80 hours of employment. 

‘‘(B) A physician with an irregular work schedule established 

under subparagraph (A) shall be obligated to account for at least 

2,080 hours of employment (through performance of work or use 

of leave or paid time off) in a calendar year. 

‘‘(C) The Secretary may prescribe regulations to implement 

this paragraph, including regulations making adjustments to 

address the annual hours requirement for physicians who are covered by this paragraph for only a portion of a calendar year.’’. 

SEC. 615. REPEAL OF COMPENSATION PANELS TO DETERMINE 

MARKET PAY FOR PHYSICIANS AND DENTISTS. 

Section 7431(c) is amended— 

(1) by striking paragraph (4); 

(2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; and 

(3) in paragraph (6), as so redesignated, by striking ‘‘under 

paragraph (6)’’ and inserting ‘‘under paragraph (5)’’. 

SEC. 616. CLARIFICATION REGARDING LIABILITY FOR BREACH OF 

AGREEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS 

EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM. 

Section 7675(b)(1)(E) is amended by striking ‘‘In the case of 

a participant who is a part-time student, the’’ and inserting ‘‘The’’. 

SEC. 617. EXTENSION OF PERIOD FOR INCREASE IN GRADUATE MEDICAL EDUCATION RESIDENCY POSITIONS AT MEDICAL 

FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Paragraph (2) of section 301(b) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 

113–146; 38 U.S.C. 7302 note) is amended— 

(1) in the paragraph heading, by striking ‘‘FIVE-YEAR’’ and 

inserting ‘‘TEN-YEAR’’; and 

(2) in subparagraph (A), by striking ‘‘5-year period’’ and 

inserting ‘‘10-year period’’. 

(b) REPORT.—Paragraph (3)(A) of such section is amended by 

striking ‘‘2019’’ and inserting ‘‘2024’’. 

SEC. 618. REPORT ON PUBLIC ACCESS TO RESEARCH BY DEPARTMENT 

OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Not later than each of 180 days and 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 increasing public access to scientific 

38 USC 7423. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1578 PUBLIC LAW 114–315—DEC. 16, 2016 

publications and digital data from research funded by the Department of Veterans Affairs. 

(b) ELEMENTS.—Each report submitted under subsection (a) 

shall include the following: 

(1) An identification of the location or locations in which 

the public will be able to access the results of research funded 

by the Department, whether on an Internet website of the 

Department or through another source. 

(2) A description of the progress made by the Department 

in meeting public access requirements set forth in the notice 

entitled ‘‘Policy and Implementation Plan for Public Access 

to Scientific Publications and Digital Data from Research 

Funded by the Department of Veterans Affairs’’ (80 Fed. Reg. 

60751), including the following: 

(A) Compliance of Department investigators with 

requirements relating to ensuring that research funded 

by the Department is accessible by the public. 

(B) Ensuring data management plans of the Department include provisions for long-term preservation of the 

scientific data resulting from research funded by the 

Department. 

(3) An explanation of the factors used to evaluate the 

merit of data management plans of research funded by the 

Veterans Health Administration. 

(4) An explanation of the process of the Department in 

effect that enables stakeholders to petition a change to the 

embargo period for a specific field and the factors considered 

during such process. 

SEC. 619. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY 

PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—The Secretary of Veterans Affairs may carry 

out the following major medical facility projects, with each project 

to be carried out in an amount not to exceed the amount specified 

for that project: 

(1) Seismic, life safety, and utilities upgrades and expansion 

of clinical services in Reno, Nevada, in an amount not to 

exceed $213,800,000. 

(2) Seismic corrections to the mental health and community 

living center in Long Beach, California, in an amount not 

to exceed $317,300,000. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Veterans Affairs for fiscal 

year 2017 or the year in which funds are appropriated for the 

Construction, Major Projects, account $531,100,000 for the projects 

authorized in subsection (a). 

(c) LIMITATION.—The projects authorized in subsection (a) may 

only be carried out using— 

(1) funds appropriated for fiscal year 2017 or the year 

in which funds are appropriated for the Construction, Major 

Projects, account pursuant to the authorization of appropriations in subsection (b); 

(2) funds available for Construction, Major Projects, for 

a fiscal year before fiscal year 2017 that remain available 

for obligation; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1579 

(3) funds available for Construction, Major Projects, for 

a fiscal year after fiscal year 2017 that remain available for 

obligation; 

(4) funds appropriated for Construction, Major Projects, 

for fiscal year 2017 for a category of activity not specific to 

a project; 

(5) funds appropriated for Construction, Major Projects, 

for a fiscal year before fiscal year 2017 for a category of activity 

not specific to a project; and 

(6) funds appropriated for Construction, Major Projects, 

for a fiscal year after fiscal year 2017 for a category of activity 

not specific to a project. 

Subtitle C—Toxic Exposure 

SEC. 631. DEFINITIONS. 

In this subtitle: 

(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the 

United States Army, Navy, Marine Corps, Air Force, and Coast 

Guard. 

(2) DESCENDANT.—The term ‘‘descendant’’ means, with 

respect to an individual, the biological child or grandchild of 

that individual. 

(3) TOXIC EXPOSURE.—The term ‘‘toxic exposure’’ means 

a condition in which an individual inhaled or ingested an 

agent determined to be hazardous to the health of the individual 

or the agent came in contact with the skin or eyes of the 

individual in a manner that could be hazardous to the health 

of the individual. 

(4) VETERAN.—The term ‘‘veteran’’ has the meaning given 

that term in section 101 of title 38, United States Code. 

SEC. 632. NATIONAL ACADEMY OF MEDICINE ASSESSMENT ON 

RESEARCH RELATING TO THE DESCENDANTS OF INDIVIDUALS WITH TOXIC EXPOSURE. 

(a) IN GENERAL.— 

(1) AGREEMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Veterans Affairs 

shall seek to enter into an agreement with the National 

Academy of Medicine under which the National Academy of 

Medicine conducts an assessment on scientific research relating 

to the descendants of individuals with toxic exposure. 

(2) ALTERNATE ORGANIZATION.— 

(A) IN GENERAL.—If the Secretary is unable within 

the period prescribed in paragraph (1) to enter into an 

agreement described in such paragraph with the National 

Academy of Medicine on terms acceptable to the Secretary, 

the Secretary shall seek to enter into such an agreement 

with another appropriate organization that— 

(i) is not part of the Federal Government; 

(ii) operates as a not-for-profit entity; and 

(iii) has expertise and objectivity comparable to 

that of the National Academy of Medicine. 

(B) TREATMENT.—If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this section to the National 

Deadline. 

38 USC 1116 

note. 

38 USC 1116 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1580 PUBLIC LAW 114–315—DEC. 16, 2016 

Academy of Medicine shall be treated as a reference to 

the other organization. 

(b) ELEMENTS.—The assessment conducted pursuant to the 

agreement entered into under subsection (a) shall include the following: 

(1) A scientific review of the scientific literature regarding 

toxicological and epidemiological research on descendants of 

individuals with toxic exposure. 

(2) An assessment of areas requiring further scientific study 

relating to the descendants of veterans with toxic exposure. 

(3) An assessment of the scope and methodology required 

to conduct adequate scientific research relating to the descendants of individuals with toxic exposure, including— 

(A) the types of individuals to be studied, including 

veterans with toxic exposure and the descendants of those 

veterans; 

(B) the number of veterans and descendants described 

in subparagraph (A) to be studied; 

(C) the potential alternatives for participation in such 

a study, including whether it would be necessary for participants to travel in order to participate; 

(D) the approximate amount of time and resources 

needed to prepare and conduct the research; and 

(E) the appropriate Federal agencies to participate in 

the research, including the Department of Defense and 

the Department of Veterans Affairs. 

(4) The establishment of categories, including definitions 

for each such category, to be used in assessing the evidence 

that a particular health condition is related to toxic exposure, 

such as— 

(A) sufficient evidence of a causal relationship; 

(B) sufficient evidence of an association; 

(C) limited or suggestive evidence of an association; 

(D) inadequate or insufficient evidence to determine 

whether an association exists; and 

(E) limited or suggestive evidence of no association. 

(5) An analysis of— 

(A) the feasibility of conducting scientific research to 

address the areas that require further study as described 

under paragraph (2); 

(B) the value and relevance of the information that 

could result from such scientific research; and 

(C) for purposes of conducting further research, the 

feasibility and advisability of accessing additional information held by a Federal agency that may be sensitive. 

(6) An identification of a research entity or entities with— 

(A) expertise in conducting research on health conditions of descendants of individuals with toxic exposure; 

and 

(B) an ability to conduct research on those health conditions to address areas requiring further scientific study 

as described under paragraph (2). 

(c) REPORT.—The agreement entered into under subsection (a) 

shall require the National Academy of Medicine to submit, not 

later than 2 years after entering into such agreement, to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs 

Analysis. 

Review. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1581 

of the Senate, and the Committee on Veterans’ Affairs of the House 

of Representatives— 

(1) the results of the assessment conducted pursuant to 

such agreement, including such recommendations as the 

National Academy of Medicine considers appropriate regarding 

the scope and methodology required to conduct adequate scientific research relating to the descendants of veterans with 

toxic exposure; and 

(2) a determination regarding whether the results of such 

assessment indicate that it is feasible to conduct further 

research regarding health conditions of descendants of veterans 

with toxic exposure, including an explanation of the basis for 

the determination. 

(d) CERTIFICATION.— (1) IN GENERAL.—Not later than 90 days after receiving 

the results of the assessment and determination under subsection (c), 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 certification of the 

understanding of the Secretary, based on such results and 

determination, regarding the feasibility of conducting further 

research regarding health conditions of descendants of veterans 

with toxic exposure that is expressed by such results and determination. 

(2) BASIS FOR CERTIFICATION.—The certification submitted 

under paragraph (1) shall include an explanation of the basis 

for the certification. 

SEC. 633. ADVISORY BOARD ON RESEARCH RELATING TO HEALTH 

CONDITIONS OF DESCENDANTS OF VETERANS WITH TOXIC 

EXPOSURE WHILE SERVING IN THE ARMED FORCES. 

(a) ESTABLISHMENT.—Unless the Secretary of Veterans Affairs 

certifies under section 632(d) that the results of the assessment 

and determination under section 632(c) indicate that it is not feasible to conduct further research regarding health conditions of 

descendants of veterans with toxic exposure, not later than 180 

days after receiving such results and determination, the Secretary 

shall establish an advisory board (in this section referred to as 

the ‘‘Advisory Board’’) to advise the Secretary in the selection of 

a research entity or entities under section 634, advise such entity 

or entities in conducting research under such section, and advise 

the Secretary with respect to the activities of such entity or entities 

under such section. 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—The Secretary, in consultation with the 

National Academy of Medicine, the Director of the National 

Institute of Environmental Health Sciences, and such other 

heads of Federal agencies as the Secretary determines appropriate— 

(A) shall select not more than 13 voting members of 

the Advisory Board, of whom— 

(i) not less than two shall be members of organizations exempt from taxation under section 501(c)(19) 

of the Internal Revenue Code of 1986; 

(ii) not less than two shall be descendants of veterans with toxic exposure while serving as members 

of the Armed Forces; and 

Consultation. 

Certification. 

Deadline. 

38 USC 1116 

note. 

Determination. 

Recommendations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1582 PUBLIC LAW 114–315—DEC. 16, 2016 

(iii) not less than seven shall be health professionals, scientists, or academics who are not employees 

of the Federal Government and have expertise in— 

(I) birth defects; 

(II) developmental disabilities; 

(III) epigenetics; 

(IV) public health; 

(V) the science of environmental exposure or 

environmental exposure assessment; 

(VI) the science of toxic substances; or 

(VII) medical and research ethics; and 

(B) may select not more than two nonvoting members 

who are employees of the Federal Government and who 

are otherwise described in subparagraph (A)(iii). 

(2) CHAIR.—The Secretary shall select a Chair from among 

the members of the Advisory Board selected under paragraph 

(1)(A). 

(3) TERMS.— 

(A) IN GENERAL.—Each member of the Advisory Board 

shall serve a term of 2 or 3 years as determined by the 

Secretary. 

(B) REAPPOINTMENT.—At the end of the term of a 

member of the Advisory Board, the Secretary may reselect 

the member for another term, except that no member may 

serve more than 4 consecutive terms. 

(c) DUTIES.—The Advisory Board shall— 

(1) advise the Secretary in the selection of a research 

entity or entities to conduct research under section 634 from 

among those identified under section 632(b)(6); 

(2) advise such entity or entities and assess the activities 

of such entity or entities in conducting such research; 

(3) develop a research strategy for such entity or entities 

based on, but not limited to, the results of the assessment 

conducted under section 632; 

(4) advise the Secretary with respect to the activities of 

such entity or entities under section 634; 

(5) submit recommendations to be included by such entity 

or entities in the report under section 634(d)(2)(C); and 

(6) not less frequently than semiannually, meet with the 

Secretary and representatives of such entity or entities on 

the research conducted by such entity or entities under section 

634. 

(d) MEETINGS.—The Advisory Board shall meet at the call 

of the Chair, but not less frequently than semiannually. 

(e) COMPENSATION.—The members of the Advisory Board shall 

serve without compensation. 

(f) EXPENSES.—The Secretary of Veterans Affairs shall determine the appropriate expenses of the Advisory Board. 

(g) PERSONNEL.— 

(1) IN GENERAL.—The Chair may, without regard to the 

civil service laws and regulations, appoint an executive director 

of the Advisory Board, who shall be a civilian employee of 

the Department of Veterans Affairs, and such other personnel 

as may be necessary to enable the Advisory Board to perform 

its duties. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1583 

(2) APPROVAL.—The appointment of an executive director 

under paragraph (1) shall be subject to approval by the Advisory 

Board. 

(3) COMPENSATION.—The Chair may fix the compensation 

of the executive director and other personnel without regard 

to the provisions of chapter 51 and subchapter III of chapter 

53 of title 5, United States Code, except that the rate of pay 

for the executive director and other personnel may not exceed 

the rate payable for level V of the Executive Schedule under 

section 5316 of such title. 

SEC. 634. RESEARCH RELATING TO HEALTH CONDITIONS OF DESCENDANTS OF VETERANS WITH TOXIC EXPOSURE WHILE 

SERVING IN THE ARMED FORCES. 

(a) IN GENERAL.—Unless the Secretary of Veterans Affairs certifies under section 632(d) that the results of the assessment and 

determination under section 632(c) indicate that it is not feasible 

to conduct further research regarding health conditions of descendants of veterans with toxic exposure, not later than 1 year after 

receiving such results and determination, the Secretary shall (in 

consultation with the advisory board established under section 633 

(in this section referred to as the ‘‘Advisory Board’’)) enter into 

an agreement with one or more research entities identified under 

section 632(b)(6) (excluding an entity of the Department of Veterans 

Affairs) to conduct research on health conditions of descendants 

of veterans with toxic exposure while serving as members of the 

Armed Forces (in this section referred to as the ‘‘research entity 

or entities’’). 

(b) RESEARCH.— 

(1) IN GENERAL.—To the extent included in the research 

strategy developed by the Advisory Board under section 

633(c)(3), the research entity or entities shall conduct research 

on health conditions of descendants of veterans with toxic exposure while serving as members of the Armed Forces. 

(2) STUDIES.—In conducting research under paragraph (1), 

the research entity or entities may study any veteran, at the 

election of the veteran, identified under section 632(b)(3)(A) 

as a type of individual to be studied in order to conduct adequate scientific research relating to the descendants of veterans 

with toxic exposure. 

(3) CATEGORIZATION.—In conducting research under paragraph (1), the research entity or entities shall assess, using 

the categories established under section 632(b)(4), the extent 

to which a health condition of a descendant of a veteran is 

related to the toxic exposure of the veteran while serving as 

a member of the Armed Forces. 

(c) AVAILABILITY OF RECORDS.— 

(1) IN GENERAL.—The Secretary of Defense, the Secretary 

of Veterans Affairs, and the head of each Federal agency identified under section 632(b)(3)(E) shall make available to the 

research entity or entities records held by the Department 

of Veterans Affairs, the Department of Defense, the Armed 

Forces, that Federal agency, or any other source under the 

jurisdiction of any such Federal agency or the Armed Forces, 

as appropriate, that the research entity or entities determine 

are necessary to carry out this section. 

Certification. 

Deadline. 

Consultation. 

Contracts. 

38 USC 1116 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1584 PUBLIC LAW 114–315—DEC. 16, 2016 

(2) MECHANISM FOR ACCESS.—The Secretary of Veterans 

Affairs, the Secretary of Defense, and the head of each Federal 

agency identified under section 632(b)(3)(E) shall jointly establish a mechanism for access by the research entity or entities 

to records made available under paragraph (1). 

(d) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than 1 year after commencing 

the conduct of research under this section, and not later than 

September 30 each year thereafter, each research entity with 

which the Secretary has entered into an agreement under subsection (a) shall, in consultation with the Advisory Board, 

submit to the Secretary of Veterans Affairs, the Committee 

on Veterans’ Affairs of the Senate, and the Committee on 

Veterans’ Affairs of the House of Representatives a report on 

the functions of such entity under this section during the year 

preceding the submittal of the report. 

(2) ELEMENTS.—Each report submitted under paragraph 

(1) shall include the following: 

(A) A summary of the research efforts that have been 

completed during the year preceding the submittal of the 

report and that are ongoing as of the date of the submittal 

of the report. 

(B) A description of any findings made during such 

year in carrying out such research efforts. 

(C) Recommendations for administrative or legislative 

action made by the Advisory Board based on such findings, 

which may include recommendations for further research 

under this section. 

(3) UPON REQUEST.—Upon the request of any organization 

exempt from taxation under section 501(c)(19) of the Internal 

Revenue Code of 1986, the Secretary of Veterans Affairs may 

transmit to such organization a copy of a report received by 

the Secretary under paragraph (1). 

TITLE VII—HOMELESSNESS MATTERS 

Subtitle A—Access of Homeless Veterans to 

Benefits 

SEC. 701. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR 

PURPOSES OF BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. 

Section 2002 is amended— 

(1) by striking ‘‘In this chapter’’ and inserting ‘‘(a) IN GENERAL.—In this chapter’’; 

(2) by striking ‘‘in section 103(a) of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11302(a))’’ and inserting 

‘‘in subsection (a) or (b) of section 103 of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11302)’’; and 

(3) by adding at the end the following: 

‘‘(b) VETERAN DEFINED.—(1) Notwithstanding section 101(2) of 

this title and except as provided in paragraph (2), for purposes 

of sections 2011, 2012, 2013, 2044, and 2061 of this title, the 

term ‘veteran’ means a person who served in the active military, 

38 USC 2002. 

Records. 

Recommendations. 

Summary. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1585 

naval, or air service, regardless of length of service, and who was 

discharged or released therefrom. 

‘‘(2) For purposes of paragraph (1), the term ‘veteran’ excludes 

a person who— 

‘‘(A) received a dishonorable discharge from the Armed 

Forces; or 

‘‘(B) was discharged or dismissed from the Armed Forces 

by reason of the sentence of a general court-martial.’’. 

SEC. 702. AUTHORIZATION TO FURNISH CERTAIN BENEFITS TO HOMELESS VETERANS WITH DISCHARGES OR RELEASES UNDER 

OTHER THAN HONORABLE CONDITIONS. 

Section 5303(d) is amended— 

(1) by striking ‘‘not apply to any war-risk insurance, 

Government (converted) or National Service Life Insurance 

policy.’’ and inserting the following: ‘‘not apply to the following: 

‘‘(1) Any war-risk insurance, Government (converted) or 

National Service Life Insurance policy.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Benefits under section 2011, 2012, 2013, 2044, or 2061 

of this title (except for benefits for individuals discharged or 

dismissed from the Armed Forces by reason of the sentence 

of a general court-martial).’’. 

SEC. 703. WAIVER OF MINIMUM PERIOD OF CONTINUOUS ACTIVE DUTY 

IN ARMED FORCES FOR CERTAIN BENEFITS FOR HOMELESS VETERANS. 

Section 5303A(b)(3) is amended— 

(1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and 

(2) by inserting after subparagraph (E) the following new 

subparagraph (F): 

‘‘(F) to benefits under section 2011, 2012, 2013, 2044, or 

2061 of this title;’’. 

SEC. 704. TRAINING OF PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS AND GRANT RECIPIENTS. 

The Secretary of Veterans Affairs shall conduct a program 

of training and education to ensure that the following persons 

are aware of and implement this title and the amendments made 

by this subtitle: 

(1) Personnel of the Department of Veterans Affairs who 

are supporting or administering a program under chapter 20 

of title 38, United States Code. 

(2) Recipients of grants or other amounts for purposes 

of carrying out such a program. 

SEC. 705. REGULATIONS. 

Not later than 270 days after the date of the enactment of 

this Act, the Secretary of Veterans Affairs shall prescribe regulations, including such modifications to section 3.12 of title 38, Code 

of Federal Regulations (or any successor regulation), as the Secretary considers appropriate, to ensure that the Department of 

Veterans Affairs is in full compliance with this title and the amendments made by this subtitle. 

Deadline. 

38 USC 2002 

note. 

38 USC 2002 

note. 

38 USC 5303. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1586 PUBLIC LAW 114–315—DEC. 16, 2016 

SEC. 706. EFFECTIVE DATE. 

This subtitle and the amendments made by this subtitle shall 

apply to individuals seeking benefits under chapter 20 of title 

38, United States Code, before, on, and after the date of the enactment of this Act. 

Subtitle B—Other Homelessness Matters 

SEC. 711. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL 

HOUSING ASSISTANCE THAT BECOMES PERMANENT 

HOUSING FOR HOMELESS VETERANS. 

Section 2012(a)(2) is amended— 

(1) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; 

(2) in subparagraph (C), as redesignated, by striking ‘‘in 

subparagraph (D)’’ and inserting ‘‘in subparagraph (E)’’; 

(3) in subparagraph (D), as redesignated, by striking ‘‘under 

subparagraph (B)’’ and inserting ‘‘under subparagraph (C)’’; 

(4) in subparagraph (E), as redesignated, by striking ‘‘in 

subparagraphs (B) and (C)’’ and inserting ‘‘in subparagraphs 

(C) and (D)’’; 

(5) in subparagraph (A)— 

(A) by striking ‘‘The rate’’ and inserting ‘‘Except as 

otherwise provided in subparagraph (B), the rate’’; and 

(B) by striking ‘‘under subparagraph (B)’’ and all that 

follows and inserting ‘‘under subparagraph (C).’’; and 

(6) by inserting after subparagraph (A) the following new 

subparagraph (B): 

‘‘(B)(i) Except as provided in clause (ii), in no case may the 

rate determined under this paragraph exceed the rate authorized 

for State homes for domiciliary care under subsection (a)(1)(A) 

of section 1741 of this title, as the Secretary may increase from 

time to time under subsection (c) of that section. 

‘‘(ii) In the case of services furnished to a homeless veteran 

who is placed in housing that will become permanent housing 

for the veteran upon termination of the furnishing of such services 

to such veteran, the maximum rate of per diem authorized under 

this section is 150 percent of the rate authorized for State homes 

for domiciliary care under subsection (a)(1)(A) of section 1741 of 

this title, as the Secretary may increase from time to time under 

subsection (c) of that section.’’. 

SEC. 712. PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS VETERANS AND VETERANS AT RISK OF 

BECOMING HOMELESS. 

(a) PROGRAM REQUIRED.— 

(1) IN GENERAL.—Subchapter II of chapter 20 is amended— 

(A) by redesignating section 2013 as section 2014; and 

(B) by inserting after section 2012 the following new 

section 2013: 

‘‘§ 2013. Program to improve retention of housing by formerly 

homeless veterans and veterans at risk of becoming 

homeless 

‘‘(a) PROGRAM REQUIRED.—The Secretary shall carry out a program under which the Secretary shall provide case management 

38 USC 2013. 

38 USC 2014. 

38 USC 2012. 

Applicability. 

38 USC 2002 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1587 

services to improve the retention of housing by veterans who were 

previously homeless and are transitioning to permanent housing 

and veterans who are at risk of becoming homeless. 

‘‘(b) GRANTS.—(1) The Secretary shall carry out the program 

through the award of grants. 

‘‘(2)(A) In awarding grants under paragraph (1), the Secretary 

shall give priority to organizations that demonstrate a capability 

to provide case management services as described in subsection 

(a), particularly organizations that are successfully providing or 

have successfully provided transitional housing services using 

amounts provided by the Secretary under sections 2012 and 2061 

of this title. 

‘‘(B) In giving priority under subparagraph (A), the Secretary 

shall give extra priority to an organization described in such 

subparagraph that— 

‘‘(i) voluntarily stops receiving amounts provided by the 

Secretary under sections 2012 and 2061 of this title; and 

‘‘(ii) converts a facility that the organization used to provide 

transitional housing services into a facility that the organization uses to provide permanent housing that meets housing 

quality standards established under section 8(o)(8)(B) of the 

United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)). 

‘‘(C) In any case in which a facility, with respect to which 

a person received a grant for construction, rehabilitation, or acquisition under section 2011 of this title, is converted as described 

in subparagraph (B)(ii), such conversion shall be considered to 

have been carried out pursuant to the needs of the Department 

and such person shall not be considered in noncompliance with 

the terms of such grant by reason of such conversion.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by striking the item 

relating to section 2013 and inserting the following new items: 

‘‘2013. Program to improve retention of housing by formerly homeless veterans and 

veterans at risk of becoming homeless. ‘‘2014. Authorization of appropriations.’’. 

(b) REGULATIONS.—Not later than 1 year after the date of 

the enactment of this Act, the Secretary of Veterans Affairs shall 

prescribe regulations to carry out section 2013 of such title, as 

added by subsection (a)(1)(B). 

(c) REPORT.— (1) IN GENERAL.—Not later than June 1, 2020, the Secretary 

shall submit to the Committee on Veterans’ Affairs of the 

Senate and the Committee on Veterans’ Affairs of the House 

of Representatives a report on the program required by section 

2013 of such title, as added by subsection (a)(1)(B). 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall include assessments of the following: 

(A) The percentage of veterans who received case 

management services under the program who were able 

to retain permanent housing by the end of the program, 

disaggregated by each recipient of a grant under such 

section. 

(B) The percentage of veterans who received case 

management services under the program who were not 

in permanent housing at the end of the program, 

disaggregated by housing status and reason for failing to 

retain permanent housing under the program. 

Deadline. 

38 USC 2013 

note. 

38 USC 

prec. 2001. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1588 PUBLIC LAW 114–315—DEC. 16, 2016 

(C) The use by veterans, who received case management services under the program, of housing assistance 

furnished by the Department of Veterans Affairs, including 

a comparison of the use of such assistance by such veterans 

before and after receiving such services. 

(D) An assessment of the employment status of veterans who received case management services under the 

program, including a comparison of the employment status 

of such veterans before and after receiving such services. 

SEC. 713. ESTABLISHMENT OF NATIONAL CENTER ON HOMELESSNESS 

AMONG VETERANS. 

(a) IN GENERAL.—Subchapter VII of chapter 20 is amended 

by adding at the end the following new section: 

‘‘§ 2067. National Center on Homelessness Among Veterans 

‘‘(a) IN GENERAL.—(1) The Secretary shall establish and operate 

a center to carry out the functions described in subsection (b). 

‘‘(2) The center established under paragraph (1) shall be known 

as the ‘National Center on Homelessness Among Veterans’. 

‘‘(3) To the degree practicable, the Secretary shall operate the 

center established under paragraph (1) independently of the other 

programs of the Department that address homelessness among 

veterans. 

‘‘(b) FUNCTIONS.—The functions described in this subsection 

are as follows: 

‘‘(1) To carry out and promote research into the causes 

and contributing factors to veteran homelessness. 

‘‘(2) To assess the effectiveness of programs of the Department to meet the needs of homeless veterans. 

‘‘(3) To identify and disseminate best practices with regard 

to housing stabilization, income support, employment assistance, community partnerships, and such other matters as the 

Secretary considers appropriate with respect to addressing veteran homelessness. 

‘‘(4) To integrate evidence-based and best practices, policies, 

and programs into programs of the Department for homeless 

veterans and veterans at risk of homelessness and to ensure 

that the staff of the Department and community partners can 

implement such practices, policies, and programs. 

‘‘(5) To serve as a resource center for, and promote and 

seek to coordinate the exchange of information regarding, all 

research and training activities carried out by the Department 

and by other Federal and non-Federal entities with respect 

to veteran homelessness.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 20 is amended by inserting after the item 

relating to section 2066 the following new item: 

‘‘2067. National Center on Homelessness Among Veterans.’’. 

SEC. 714. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS 

TO ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR 

HOMELESS VETERANS. 

(a) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary of Veterans Affairs shall— 

(1) assess and measure the capacity of programs for which 

entities receive grants under section 2011 of title 38, United 

Deadline. 

38 USC 2011 

note. 

38 USC 

prec. 2001. 

38 USC 2067. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1589 

States Code, or per diem payments under section 2012 or 

2061 of such title; and 

(2) assess such programs with respect to— 

(A) how well they achieve their stated goals at a 

national level; 

(B) placements in permanent housing; 

(C) placements in employment; and 

(D) increases in the regular income of participants 

in the programs. 

(b) ASSESSMENT AT NATIONAL AND LOCAL LEVELS.—In assessing 

and measuring under subsection (a)(1), the Secretary shall develop 

and use tools to examine the capacity of programs described in 

such subsection at both the national and local level in order to 

assess the following: 

(1) Whether sufficient capacity exists to meet the needs 

of homeless veterans in each geographic area. 

(2) Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic 

area. 

(3) The amount of capacity that recipients of grants under 

sections 2011 and 2061 and per diem payments under section 

2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 

2012(a)(2)(B)(ii) of title 38, United States Code, as added by 

section 711(6). 

(c) CONSIDERATION OF OTHER RESOURCES.—In assessing and 

measuring programs under subsection (a)(1), the Secretary shall 

consider the availability to such programs of resources made available to such programs and to homeless veterans, including resources 

provided by the Department of Veterans Affairs and by entities 

other than the Department. 

(d) USE OF INFORMATION.—The Secretary shall use the information collected under this section as follows: 

(1) To set specific goals to ensure that programs described 

in subsection (a) are effectively serving the needs of homeless 

veterans. 

(2) To assess whether programs described in subsection 

(a) are meeting goals set under paragraph (1). 

(3) To inform funding allocations for programs described 

in subsection (a). 

(4) To improve the referral of homeless veterans to programs described in subsection (a). 

(e) REPORT.—Not later than 180 days after the date on which 

the assessment required by subsection (a) is completed, 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 such assessment and such recommendations for legislative and administrative action as the Secretary 

may have to improve the programs and per diem payments 

described in subsection (a). 

SEC. 715. REPORT ON OUTREACH RELATING TO INCREASING THE 

AMOUNT OF HOUSING AVAILABLE TO VETERANS. 

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 and the Committee on Banking, Housing, and 

Urban Affairs of the Senate and the Committee on Veterans’ Affairs 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1590 PUBLIC LAW 114–315—DEC. 16, 2016 

and the Committee on Financial Services of the House of Representatives a report describing and assessing the outreach conducted 

by the Secretary to realtors, landlords, property management 

companies, and developers to educate them about the housing needs 

of veterans and the benefits of having veterans as tenants. 

TITLE VIII—OTHER MATTERS 

SEC. 801. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION 

REFORMS. 

(a) APPLICATION OF INDUSTRY STANDARDS; ASSISTANCE.—Section 8103 is amended by adding at the end the following new 

subsections: 

‘‘(f) To the maximum extent practicable, the Secretary shall 

use industry standards, standard designs, and best practices in 

carrying out the construction of medical facilities. 

‘‘(g) The Secretary shall ensure that each employee of the 

Department with responsibilities, as determined by the Secretary, 

relating to the infrastructure construction or alteration of medical 

facilities, including such construction or alteration carried out 

pursuant to contracts or agreements, undergoes a program of 

ongoing professional training and development. Such program shall 

be designed to ensure that employees maintain adequate expertise 

relating to industry standards and best practices for the acquisition 

of design and construction services. The Secretary may provide 

the program under this subsection directly or through a contract 

or agreement with a non-Federal entity or with a non-Department 

Federal entity.’’. 

(b) FORENSIC AUDITS OF CERTAIN PROJECTS.—Subsection (c) 

of section 8104 is amended— 

(1) by striking ‘‘Not less than 30 days’’ and inserting ‘‘(1) 

Not less than 30 days’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary shall— 

‘‘(A) enter into a contract or agreement with an appropriate 

non-department Federal entity with the ability to conduct 

forensic audits on medical facility projects for the conduct of 

an external forensic audit of the expenditures relating to any 

major medical facility or super construction project for which 

the total expenditures exceed the amount requested in the 

initial budget request for the project submitted to Congress 

under section 1105 of title 31 by more than 25 percent; and 

‘‘(B) enter into a contract or agreement with an appropriate 

non-department Federal entity with the ability to conduct 

forensic audits on medical facility projects for the conduct of 

an external audit of the medical center construction project 

in Aurora, Colorado.’’. 

(c) USE OF AMOUNTS FROM BID SAVINGS.—Subsection (d)(2)(B) 

of such section is amended— 

(1) by redesignating clauses (ii) and (iii) as clauses (iii) 

and (iv), respectively; 

(2) by inserting after clause (i) the following new clause 

(ii): 

‘‘(ii) If the major construction project that is the source 

of the bid savings is not complete— 

Colorado. 

Contracts. 

Determination. 

38 USC 8103. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–315—DEC. 16, 2016 130 STAT. 1591 

‘‘(I) the amount already obligated by the Department 

or available in the project reserve for such project; 

‘‘(II) the percentage of such project that has been completed; and 

‘‘(III) the amount available to the Department to complete such project.’’; and 

(3) in clauses (iii) and (iv), as redesignated by paragraph 

(1), strike ‘‘amounts’’ and inserting ‘‘bid savings amounts’’ both 

places it appears. 

(d) QUARTERLY REPORT ON SUPER CONSTRUCTION PROJECTS.— 

(1) IN GENERAL.—At the end of subchapter I of chapter 

81 add the following new section: 

‘‘§ 8120. Quarterly report on super construction projects 

‘‘(a) QUARTERLY REPORTS REQUIRED.—Not later than 30 days 

after the last day of each fiscal quarter the Secretary shall submit 

to the Committees on Veterans’ Affairs of the Senate and House 

of Representatives a report on the super construction projects carried out by the appropriate non-Department Federal entity 

described in section 8103(e)(1) of this title during such quarter. 

Each such report shall include, for each such project— 

‘‘(1) the budgetary and scheduling status of the project, 

as of the last day of the quarter covered by the report; and 

‘‘(2) the actual cost and schedule variances of the project, 

as of such day, compared to the planned cost and schedules 

for the project. 

‘‘(b) SUPER CONSTRUCTION PROJECT DEFINED.—In this section, 

the term ‘super construction project’ has the meaning given such 

term in section 8103(e)(3) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

of the items relating to such subchapter the following new 

item: 

‘‘8120. Quarterly report on super construction projects.’’. 

SEC. 802. TECHNICAL AND CLERICAL AMENDMENTS. 

Title 38, United States Code, is amended as follows: 

(1) In section 735(a)(5), by striking ‘‘(Public Law 104–191)’’ 

and inserting ‘‘(Public Law 104–191; 42 U.S.C. 1320d–2 note)’’. 

(2) In the table of sections at the beginning of chapter 

17, by striking the items relating to sections 1710D and 1710E 

and inserting the following new items: 

‘‘1710D. Traumatic brain injury: comprehensive program for long-term rehabilitation. 

‘‘1710E. Traumatic brain injury: use of non-Department facilities for rehabilitation.’’. 

(3) In section 1710(e)(1)(F), by inserting a comma after 

‘‘1953’’. 

38 USC 

prec. 1701. 

38 USC 735. 

38 USC 

prec. 8101. 

38 USC 8120. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 1592 PUBLIC LAW 114–315—DEC. 16, 2016 

LEGISLATIVE HISTORY—H.R. 6416: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Dec. 6, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

(4) In section 7412(b), by striking ‘‘under paragraph (1)’’ 

and inserting ‘‘under subsection (a)’’. 

Approved December 16, 2016. 

38 USC 7412. 


dkrause on DSKHT7XVN1PROD with PUBLAWS